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2010-05-25_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, May 25, 2010 Committee of the Whole 1. Call to Order 4:30 P.M. 8th Floor Boardroom City Hall 1.0 Employment Matter 10.2(4)0) 1.1 Approval of Minutes 10.2(4) 1.2 Negotiations 10.2(4)(c) 1.3 Employment Matter 10.2(4)(b,j) 1.4 Negotiations 10.2(4)(c) 1.5 Negotiations 10.2(4)(c) Committee of the Whole Open to the Public 2.1 Crescent Valley Re- Development Initiative 2.2 Spring Ward Meetings Regular Meeting 1. Call to Order — Prayer 6:45 P.M. Council Chamber 2. Approval of Minutes 2.1 Minutes of April 26, 2010 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Harbour Clean -Up - Newman's Brook Sewer Separation N.B. Supply and Services (Recommendation in Report) 5.2 Stonehammer Geological Project Request to Present to Council (Recommendation: Refer to Clerk to Schedule) 5.3 Gaudet Letter: Westmorland Rd (Recommendation: Receive for Information) 5.4 Saint John Taxi Advisory Committee Request to Present (Recommendation: Refer to Clerk to Schedule) 5.5 Harbour Clean Up Newman's Brook Sewer Separation N.B. Housing Corporation (Recommendation in Report) 5.6(a) Proposed Municipal Plan Amendment and Rezoning 47 -69 Ross Street (Recommendation in Report) 5.6(b) Report from Clerk (Recommendation in Report) 5.7 Salty Jam Festival 2010 Request to Use Water Street (Coast Guard) Parking Lot (Recommendation in Report) 5.8 Licence for Zip Line Tour at 100 Fallsview Park (Recommendation in Report) 5.9 Brentwood Crescent Storm Sewer Easement Acquisition 432 Woodward Avenue Amendment (Recommendation in Report) 5.10 Proposed Public Hearing Date 233 Westmorland Rd (Recommendation in Report) 5.11 Scheduling of an Update - Action Plan for Safe, Clean Drinking Water (Recommendation in Report) 5.12 Municipal Operations Survey Equipment (Recommendation in Report) 5.13 Municipal Services Easements through Portions of Former Tudor Lane and Woodhaven Dr (Recommendation in Report) 5.14 Loyalist Plaza Market - License to the Saint John Development Corporation (Recommendation in Report) 5.15 Engineering Design of the Green Thermal Utility (GTU) Piping along Union St (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Disability Awareness Week May 30th - June 5th, 2010 7.2 Jump start Day May 29, 2010 7.3 International Day Against Homophobia and Transphobia May 17, 2010 8. Delegations/ Presentations 8.1 Saint John Police Force: Intelligence -Led Policing Business Model 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 1861 Manawagonish Rd 9.1 (b) Planning Advisory Committee Recommending Rezoning 9.2(a) Proposed Zoning By -Law Amendment 42 -44 Westmorland Rd 9.2 (b) Planning Advisory Committee Recommending Rezoning and Section 39 Conditions 9.2 (c) Letters of Support 10. Consideration of By -laws 10.1 Third Reading - Street Closing Sussex Dr 10.2 Third Reading Zoning ByLaw Amendment 210 Lakewood Ave 11. Submissions by Council Members 11.1 Adoption of Name Rainbow Park (Councillor Killen) 11.2 Childhood Obesity (Councillor Snook) 11.3 Economic Development in the Cities of Moncton and Fredericton (Councillor McGuire) 11.4 Community Engagement in Lorneville (Councillor McGuire) 11.5 Crescent Valley Neighbourhood Safe Passage (Councillor McGuire) 11.6 Fairville Boulevard Business Corridor (Councillor McGuire) 12. Business Matters - Municipal Officers 12.0 City Manager: Award of Proposal for Consulting Services - Organizational Alignment 12.1 City Manager: P1anSJ - Opportunities and Directions 12.2 City Manager: Marsh Creek Drainage Basin - Piped Stormwater Diversion System 12.3 City Manager: Millidgeville Storm Water Management - Brentwood Basin 12.4 City Manager: Gas Tax Funding (GTF) Agreement Program Adjustments 12.5 City Manager: Traffic - Harbour Bridge and Roadway Construction Projects 2010 12.6(a) City Manager: Alternate Active Transportation Route Harbour Bridge Work 12.6(b) City Manager: Harbour Passage - Alternate Routes (Map) 12.7 City Manager: Anglin Drive Pedestrian Network 12.8 City Manager: Dever Road Water Transmission Main 12.9 City Manager: Asphalt Concrete Resurfacing 2010 13. Committee Reports 13.1 Planning Advisory Committee: Land for Public Purposes Berryman Estates Subdivision 210 Cottage Rd 13.2 Planning Advisory Committee: Proposed Subdivision 210 Lakewood Avenue 13.3 Saint John 225 Committee: Artist Contracts for Saint John 225's Reunion 2010 Music Festival 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 3 The City of Saint John Seance du conseil communal Le mardi 25 mai 2010 Comit6 pl6nier 1. Ouverture de la seance 16 h 30 — Salle de conference, 8e etage, h6tel de ville 1.0 Question relative a 1'emploi — alin6a 10.2(4)j) 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 N6gociations — alin6a 10.2(4)c) 1.3 Question relative a 1'emploi — alin6as 10.2(4)b), j) 1.4 N6gociations — alin6a 10.2(4)c) 1.5 N6gociations — alin6a 10.2(4)c) Comite plenier en seance publique 2.1 Initiative de r6am6nagement de Crescent Valley 2.2 R6unions de quartier pour le printemps Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 45 Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 26 avril 2010 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Nettoyage du port — S6paration de 1'6gout de Newmans Brook — minist&e de 1'Approvisionnement et des Services de la province du Nouveau - Brunswick (recommandation figurant au rapport) 5.2 Demande pr6sent6e par Stonehammer dans le cadre dun projet g6ologique visant a se pr6senter devant le conseil (recommandation : transmettre a la greffi6re pour qu'une date de pr6sentation soit fix6e) 5.3 Lettre de Gaudet concernant le chemin Westmorland (recommandation accepter a titre informatif 5.4 Demande pr6sent6e par le comit6 consultatif des chauffeurs de taxis de Saint John visant a se pr6senter devant le conseil (recommandation : transmettre a la greffiere pour qu'une date de pr6sentation soit fix6e) 5.5 Nettoyage du port — S6paration de 1'6gout de Newmans Brook par la Soci6t6 d'habitation au Nouveau - Brunswick (recommandation figurant au rapport) 5.6a) Projet de modification du plan municipal et de rezonage visant les 47- 69, rue Ross (recommandation figurant au rapport) 5.6b) Rapport de la greffiere (recommandation figurant au rapport) 5.7 Festival Salty Jam 2009 — Demande d'utilisation du stationnement de la rue Water (Garde c6tiere) ( recommandation figurant au rapport) 5.8 Permis d'amenagement dune installation de tyroliennes au 100, Fallsview Park (recommandation figurant au rapport) 5.9 Croissant Brentwood — Modification relative a l'acquisition d'une servitude pour une installation d'eau d'6gout au 432, avenue Woodward (recommandation figurant au rapport) 5.10 Date propos6e pour la tenue dune audience publique concernant le 233, chemin Westmorland (recommandation figurant au rapport) 5.11 Etablissement dun calendrier relatif a une mise a jour — Plan d'action pour la salubrit6 et la propretd de 1'eau potable (recommandation figurant au rapport) 5.12 Sondage relatif a 1'equipement des Operations municipales (recommandation figurant au rapport) 5.13 Servitude aux fins de services municipaux des parcelles de 1'ancienne allee Tudor et de la promenade Woodhaven (recommandation figurant au rapport) 5.14 Marche Loyalist Plaza — Permis a la Saint John Development Corporation (recommandation figurant au rapport) 5.15 Conception technique d6taill6e de 1'amenagement d'installations thermiques vertes (tuyauterie) le long de la rue Union (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de sensibilisation a la situation des personnes handicap6es, du 30 mai au 5 juin 2010 7.2 Journde Bon depart — le 29 mai 2010 7.3 Journee internationale de lutte contre 1'homophobie et la transphobie — le 17 mai 2010 8. Delegations et pr6sentations 8.1 Modele de gestion du maintien de 1'ordre au moyen des renseignements du service de police de Saint John 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arrete de zonage visant le 1861, chemin Manawagonish 9.1b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage 9.2a) Projet de modification de 1'Arrete de zonage visant les 42 -44, chemin Westmorland 9.2b) Comite consultatif d'urbanisme recommandant le rezonage et les conditions imposdes par Particle 39 9.2c) Lettres d'appui 10. Etude des arret6s municipaux 10.1 Troisieme lecture de 1'Arret6 concernant la fermeture de la promenade Sussex 10.2 Troisieme lecture de la modification de 1'Arrete de zonage visant le 210, avenue Lakewood 11. Interventions des membres du conseil 11.1 Adoption du nom du parc Rainbow (conseiller Killen) 11.2 Ob6sit6 infantile (conseiller Snook) 5 11.3 D&veloppement &conomique dans les villes de Moncton et de Fredericton (conseiller McGuire) 11.4 Mobilisation communautaire a Lorneville (conseiller McGuire) 11.5 Passage sur dans le quartier Crescent Valley (conseiller McGuire) 11.6 Corridor commercial du boulevard Fairville (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.0 Directeur g6n6ral : Offre d'appel relative aux services d'experts - conseils — Harmonisation organisationnelle 12.1 Directeur g6n6ral : P1anSJ — Possibilit6s et orientation 12.2 Directeur g6n6ral : Bassin versant du ruisseau Marsh — r6seau de d6rivation des eaux pluviales 12.3 Directeur g6n6ral : Gestion des eaux pluviales de Millidgeville — bassin versant de Brentwood 12.4 Directeur g6n6ral : Ajustement du programme de 1'entente relative au fonds de la taxe f6d6rale sur 1'essence 12.5 Directeur g6n6ral : Circulation — Projets de construction dune route et dun pont du port pour 2010 12.6a) Directeur g6n6ral : Autre route pour les transports actifs en raison des travaux effectu6s sur le pont du port 12.6b) Directeur g6n6ral : Passage du port — autres routes (carte) 12.7 Directeur g6n6ral : R6seau pi6tonnier de la promenade Anglin 12.8 Directeur g6n6ral : Conduite d'eau principals du chemin Dever 12.9 Directeur g6n6ral : Resurfagage au moyen de b6ton asphaltique pour 2010 13. Rapports deposes par les comites 13.1 Comit6 consultatif d'urbanisme : Affectation dun terrain d'utilit6 publique pour le lotissement Berryman Estates situ6 au 210, chemin Cottage 13.2 Comit6 consultatif d'urbanisme : Projet de lotissement au 210, avenue Lakewood 13.3 Comit6 de Saint John 225 : Octroi de contrats a des artistes pour le festival de musique R6union 2010 dans le cadre de la c616bration du 225' anniversaire de Saint John 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance 0 May 25, 2010 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 May 25, 2010 contains the following items on the agenda: 1.0 Employment Matter 10.2(4)(j); 1.1 Approval of Minutes 10.2(4); 1.2 Negotiations 10.2(4)(c); 1.3 Employment Matter 10.2(4)(b,j); 1.4 Negotiations 10.2(4)(c); 1.5 Negotiations 10.2(4)(c) 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 (j) labour and employment matters, including the negotiation of collective agreements Respectfully Submitted, Kelly Tibbits Administrative Assistant 00- r jNT JOHN P.O. Box 1971 Saint John, NB Cariada F2L4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L4L1 95 -282 COMMON COUNCIL / CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — APRIL 26, 2010 - 5:40 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Mott, Snook, Sullivan, and Titus - and - P. Woods, 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; W. Reid, Chief of Police; M. Gillen, Deputy Fire Chief; E. Gormley, Common Clerk and J.Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 26 avril 2010 A 17 H 40 Sont presents : Ivan Court, maire le maire suppleant Chase, la conseillere Higgins et les conseillers Court, Farren, Killen, McGuire, Mott, Snook, Sullivan et Titus et P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux 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; W. Reid, chef de police; M. Gillen, chef adjoint du service d'incendie; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Reverend Roger Graham, Pastor of Forest Hills Baptist Church, offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. Le reverend Roger Graham, pasteur de I'Eglise baptiste Forest Hills, recite la priere d'ouverture. 3.1 Arbour Day Presentation Jeff Britt of J.D. Irving informed Council that April 30th is Arbour day and he outlined the events that will be taking place. 3.1 Presentation de La journee de I'arbre Jeff Britt, representant de J.D. Irving, indique au conseil que le 30 avril est La journee de I'arbre et decrit les evenements qui auront lieu. 2. Approval of Minutes On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the minutes of the meeting of Common Council, held on March 29, 2010, be approved. Question being taken, the motion was carried. 95 -283 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /1-E 26 AVRIL 2010 On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the minutes of the meeting of Common Council, held on April 12, 2010, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le proces- verbal de la seance du conseil communal tenue le 29 mars 2010 soit approuve. A ('issue du vote, la proposition est adoptee. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le proces- verbal de la seance du conseil communal tenue le 12 avril 2010 soit approuve. A ('issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the agenda of this meeting with the addition of items 3.1 Arbour Day Presentation, 13.2 Committee of the Whole: The Greater Saint John Community Economic Development Agency, Incorporated (also known as "Enterprise Saint John "), and 13.3 Committee of the Whole: Assignment of Contract Between DFS Inc. and The Board of Police Commissioners for The City of Saint John, be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que I'ordre du jour de la presente seance, moyennant I'ajout du point 31. Presentation de La journee de I'arbre, 13.2 Comite plenier : La Greater Saint John Community Economic Development Agency, Incorporated (aussi appelee « Enterprise Saint John ») et du point 13.3 Comite plenier Cessation de contrat entre DFS Inc. et le Bureau des commissaires de la police de Saint John pour The City of Saint John, soit adopte. A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda The City Manager advised that agenda item 5.21 has a recommendation for Council to engage Deloitte & Touche for an additional 3 months at a cost of $100,000. He noted that this amount is incorrect and should be $117,100. 5.1 That the Saint John 225 Committee request to present to Council be referred to the Clerk to schedule. 5.2 That the Ryan letter dated April 14, 2010 regarding Harbour Bridge Construction be received for information. 5.3 That the Teed letter dated April 12, 2010 regarding Fort Howe and Mount Pleasant areas be referred to the Destination Marketing Organization. 95 -284 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 5.4 That the Conservation Council of New Brunswick letter dated April 13, 2010 outlining its wish list for Earth Day be received for information. 5.5 That as recommended by the City Manager in the submitted report M &C 2010- 137: Pipeline Crossing Agreement with Brunswick Pipeline, The City of Saint John enter into the Crossing Consent Agreement in the form submitted with said report with Brunswick Pipeline for the purposes of facilitating the water transmission main installation as part of the Ocean Westway Water Transmission Main project and that the Mayor and Common Clerk be authorized to execute the said agreement. 5.6 That the submitted report M &C 2010 -134: Public Information Session — Dever Road Water Transmission Main Construction Project be received for information. 5.7 That the submitted report M &C 2010 -133: Public Information Session — Pipeline Road East Water Transmission Main be received for information. 5.8 That as recommended by the City Manager in the submitted report M &C 2010- 136: Proposed Public Hearing Date, Common Council schedule the public hearings for the rezoning applications of Troy L. Donovan (42 -44 Westmorland Road) and Larry Kingston (1861 Manawagonish Road) for Tuesday, May 25, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.9 That as recommended by the City Manager in the submitted report M &C 2010- 147: Burpee Avenue Retaining Wall Reconstruction, Contract number 2009 -34: Burpee Avenue Retaining Wall Reconstruction be awarded to the low tenderer, Terraex Inc., at the tendered price of $438,666.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager in the submitted report M &C 2010- 135: Brentwood Crescent Storm Sewer Easement Acquisitions Woodward Avenue, The City of Saint John accept the offer of Brentwood Park Holdings Inc., affected land -owner as set out in the Agreement of Purchase and Sale submitted with said report and acquire the easement interest in, and through the portion of PID numbers 55048680, 55048698, 55048730 and 55047666 described in the Agreement for the aggregate sum of $4,146.00 (plus HST if applicable) upon the terms and conditions contained in the said Agreement and that the Mayor and Common Clerk be authorized to sign any document(s) necessary to finalize this transaction. 5.11 Refer to Item 14.1. 5.12 That the submitted report M &C 2010 -139: Construction Noise — One Mile Interchange Project be received for information. 5.13 That as recommended by the City Manager in the submitted report M &C 2009: Proposal to Operate Mispec Park: 1) Common Council accept the proposal submitted by the Mispec Park Recreation Committee Inc. for the operation of Mispec Park for the 2010 season; and 2) a grant in the amount of $31,350.00 be provided to the Mispec Park Recreation Committee Inc. as outlined in said report; and 3) the City Solicitor be directed to prepare the appropriate documents; and 4) the Mayor and Common Clerk be authorized to sign said documents. 5.14 That as recommended by the City Manager in the submitted report M &C 2010- 132: Request forgrant in the amount of municipal fees for Rehabitat Inc., Council give a grant in the amount of $3,621.00 to Rehabitat Inc. on the condition that they sign the Agreement prepared by the City Solicitor pursuant to the August 18, 2008 Resolution and further that the Mayor and Common Clerk be authorized to sign said Agreement. 5.15 That as recommended by the City Manager in the submitted report M &C 2010- 145: Lighting Upgrade — Stewart Hurley Arena, Tender number 2010- 082301 T be awarded to the low bidder, S.B. Craig Ltd., at the tax - excluded tendered price of $27,950.00. 10 95 -285 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 5.16 That as recommended by the City Manager in the submitted report M &C 2010- 144: Traffic Control Equipment, Council accept the proposal submitted by Tacel Ltd., for the supply and delivery of Sensys Wireless Detection System and the intersection coordination system, in the total amount of $48,327.60 plus tax, for installation by others on Rothesay Avenue, at the intersections of Ashburn Lake Road and Retail Drive. 5.17 That as recommended by the City Manager in the submitted report M &C 2010- 149: Tenders for Trucks, the tenders received from Downey Ford Sales Ltd. for the supply of 1 new % tonne cab and chassis, 4 wheel drive, extended cab with c/w utility box in the amount of $48,908.00 plus tax and 1 new 1 tonne 4 wheel drive cab and chassis c/w flat bed body and snowplow in the amount of $63,403.00 plus tax, be accepted. 5.18 That as recommended by the City Manager in the submitted report M &C 2010- 146: Tender 2010 - 084901 T Asphalt Reinstatement of Utility Cuts, Tender 2010- 084901 T be awarded to the low bidder meeting all tender requirements, Classic Construction Ltd., at the tendered price of $97.00/m2, plus taxes. 5.19 That as recommended by the City Manager in the submitted report M &C 2010- 125: Sidewalk Machines Council authorize the Purchasing Agent to exercise the purchase options with both Saunders Equipment Ltd., for two 2009 Trackless MT6 sidewalk machines and Plannord Equipment Ltd., for two 2010 Prinoth 4S track mounted sidewalk machines and accept the proposal submitted by Saunders Equipment Ltd. for the refurbishment of vehicle 792, a model year 2000 MT5 series Trackless sidewalk machine. 5.20 That as recommended by the City Manager in the submitted report M &C 2009: Provision of Lifeguard Services 2010: 1) Common Council authorize staff to engage the Canada Games Aquatic Centre to provide lifeguard supervision at four City beaches in 2010, as outlined in the submitted proposal at a cost of $103,000 plus HST; and 2) the City Solicitor be directed to prepare all necessary documents; and 3) the Mayor and Common Clerk be authorized to sign said documents. 5.21 That as recommended by the Committee of the Whole, having met on February 15, 2010, Council continue to engage Deloitte & Touche for the Peel Plaza Project for an additional three months at a cost not to exceed $117,100 and further that the Project Manager will continue to update the Steering Committee and Common Council with respect to negotiations and recommendations on a go forward basis. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.11 Trade & Convention Centre Renovations — Engagement of Design Consultant, which has been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil Le directeur general precise que le point 5.21 a l'ordre du jour contient une recommandation visant a ce que le conseil ait recours a 1'entreprise Deloitte & Touche pendant trois mois suppl6mentaires au cout de 100 000 $. II remarque que ce montant est errone et qu'il devrait s'elever a 117 100 $. 5.1 Que la demande soumise par le Comite de Saint John 225 visant a se presenter devant le conseil soit transmise a la greffiere pour qu'elle fixe une date de pr6sentation. 5.2 Que la lettre de M. Ryan du 14 avril 2010 concernant la construction du pont du port soit acceptee a titre informatif. 5.3 Que la lettre de M. Teed du 12 avril 2010 concernant les quartiers Fort Howe et Mount Pleasant soit transmise a ('Organisation de marketing de destinations. 5.4 Que la lettre du Conseil de conservation du Nouveau - Brunswick datee du 13 avril 2010, presentant sa liste de souhaits pour le Jour de la Terre, soit acceptee a titre informatif. 11 95 -286 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -137: Convention relative au croisement du gazoduc avec Brunswick Pipeline, The City of Saint John conclue la convention de consentement de croisement entre elle -meme et Brunswick Pipeline, dans la forme et selon les modalites enoncees dans ledit rapport, en vue de faciliter ('installation de la conduite d'eau principale, dans le cadre du projet relatif a la conduite d'eau principale de la voie Ouest Ocean, et que le maire et la greffiere communale signent ladite convention. 5.6 Que le rapport soumis intitule M/C 2010 -134 : Seance d'information publique relative au Projet de construction de la conduite d'eau principale du chemin Dever soit accepte a titre informatif. 5.7 Que le rapport soumis intitule M/C 2010 -133 : Seance d'information publique relative a la conduite d'eau principale du chemin Pipeline Est soit accepte a titre informatif. 5.8 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -136: Date proposee pour la tenue dune audience publique, le conseil communal fixe la date des audiences publiques relativement aux demandes de rezonage presentees par Troy L. Donovan (42 -44, chemin Westmorland) et Larry Kingston (1861, chemin Manawagonish), au mardi 25 mai 2010 a 19 h dans la salle du conseil, et qu'il transmette les demandes au Comit6 consultatif d'urbanisme aux fins de rapport et de recommandation. 5.9 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -147: Reconstruction du mur de soutenement de 1'avenue Burpee, contrat no 2009 -34 relatif a la reconstruction du mur de soutenement de I'avenue Burpee, soit accorde au soumissionnaire le moins - disant, Terraex Inc., au prix offert de 438 666 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels n6cessaires. 5.10 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -135 : Croissant Brentwood — Acquisition dune servitude pour une installation d'eau d'egout, avenue Woodward, The City of Saint John accepte I'offre de Brentwood Park Holdings Inc., proprietaire touche, comme I'enonce la convention d'achat -vente soumise avec ledit rapport et acquiere les interets g6neres par la servitude associ6e a la parcelle de terrain portant les NID 55048680, 55048698, 55048730 et 55047666 decrite dans la convention pour la somme globale de 4 146 $, TVH en sus le cas echeant, aux conditions enoncees dans ladite convention, et autorise le maire et la greffiere communale a signer les documents n6cessaires pour conclure cette transaction. 5.11 Voir le point 14.1. 5.12 Que le rapport soumis intitule M/C 2010 -139 : Bruit cause par la construction — Projet d'echangeur dun mille soit accepte a titre informatif. 5.13 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2009 : Proposition visant 1'exploitation du parc Mispec : 1) le conseil communal accepte la proposition presentee par Mispec Park Recreation Committee Inc. (comite sur les loisirs du parc Mispec) relative a 1'exploitation du parc Mispec pendant la saison 2010; 2) le conseil communal octroie une subvention de 31 350 $ au Mispec Park Recreation Committee Inc. comme I'indique ledit rapport; 3) I'avocat municipal est charge de rediger toute documentation exigee; 4) le maire et la greffiere communale sont autorises a signer ladite documentation. 5.14 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -132: Demande visant 1'obtention dune subvention au montant des droits municipaux pour Rehabitat Inc., le conseil accorde une subvention de 3 621 $ a Rehabitat Inc. a condition que soit signe I'accord prepare par I'avocat municipal en vertu de la resolution du 18 aout 2008; et que le maire et la greffiere communale soient autorises a signer I'accord susmentionne. 5.15 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -145: Modernisation de 1'eclairage de /'arena Stewart Hurley, la soumission 2010- 082301T soit accord6e au soumissionnaire le moins - disant, S.B. Craig Ltd., au prix offert de 27 950 $, taxes en sus. 12 95 -287 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /1-E 26 AVRIL 2010 5.16 Que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2010 -144 : Equipement de regulation de la circulation, le conseil accepte la proposition presentee par Tacel Ltd., relativement a la fourniture et la livraison du systeme de detection sans fil Sensys et du systeme de coordination des intersections, au montant total de 48 327,60 $, taxes en sus, pour ('installation par d'autres sur I'avenue Rothesay, a ('intersection de la rue du chemin Ashburn Lake et de la promenade Retail. 5.17 Que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2010 -149 : Soumissions relatives aux camions, les soumissions reques de la part de Downey Ford Sales Ltd. relatives a la fourniture d'un nouveau chassis - cabine de trois quarts de tonne, a quatre roues motrices et a cabine allong6e, muni d'une bone utilitaire, au montant de 48 908 $, taxes en sus, ainsi qu'un nouveau chassis - cabine d'une tonne a quatre roues motrices, muni d'une plate -forme et d'un chasse- neige, au montant de 63 403 $, soient accept6s. 5.18 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6 M/C 2010 -146 : Soumission 2010 - 084901 T relative a la restauration de Fasphalte des tranchees destinees aux services publics, la soumission 2010- 084901 T soit accord6e au soumissionnaire le moins - disant r6pondant a toutes les exigences de la soumission, Classic Construction Ltd., au prix offert de 97 $ /mz, taxes en sus. 5.19 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6 M/C 2010 -125 : Appareils pour les trottoirs, le conseil autorise I'agent d'achat a exercer ses options d'achat avec Saunders Equipment Ltd., relativement a deux appareils pour les trottoirs Trackless MT6 2009 et avec Plannord Equipment Ltd., relativement a deux appareils pour les trottoirs sur chenilles Prinoth 4S 2010 et accepte la proposition pr6sent6e par Saunders Equipment Ltd. relative a la remise a neuf d'un v6hicule 792, un appareil pour les trottoirs Trackless de la s6rie MT5 (modele de I'ann6e 2000). 5.20 Que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2009 : Prestation de services de sauvetage pour 2010: 1) le conseil communal autorise les employ6s municipaux a retenir les services du Centre aquatique des Jeux du Canada afin de fournir des sauveteurs sur les plages municipales en 2010, comme le souligne la proposition pr6sent6e, au cout de 103 000 $, TVH en sus; 2) I'avocat municipal est charg6 de r6diger toute documentation exig6e; 3) le maire et la greffiere communale sont autoris6s a signer ladite documentation. 5.21 Que, comme le recommande le comit6 pl6nier, s'6tant r6uni le 15 f6vrier 2010, le conseil continue a retenir les services de Deloitte & Touche pour le projet de la place Peel pendant trois mois suppl6mentaires, jusqu'a concurrence de 117 100 $, et que le gestionnaire de projet continuera d'informer le comit6 directeur et le conseil communal quant a 1'6volution des n6gociations et des recommandations. Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que la recommandation formul6e pour chacune des questions soumises a I'approbation du conseil, a 1'exclusion du point 5.11 R6novations au Trade & Convention Centre — Embauche d'un consultant en conception, qui a 6t6 s6lectionn6e aux fins de d6lib6rations, soit adopt6e. A ('issue du vote, la proposition est adopt6e. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activit6s communautaires. 13 95 -288 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 7. Proclamation 7.1 Emergency Preparedness Week The Mayor proclaimed the week of May 2 -8, 2010 as Emergency Preparedness Week in the City of Saint John. 7. Proclamation 7.1 Semaine de la protection civile Le maire declare la semaine du 2 au 8 mai 2010 Semaine de la protection civile dans The City of Saint John. 7.2 Mental Health Week The Mayor proclaimed the week of May 3 -9, 2010 as Mental Health Week in the City of Saint John. 7.2 Semaine de la sante mentale Le maire declare la semaine du 3 au 9 mai 2010 Semaine de la sante mentale dans The City of Saint John. 7.3 Asian Heritage Month The Mayor proclaimed the month of May as Asian Heritage Month in the City of Saint John. 7.3 Mois du patrimoine asiatique Le maire declare que le mois de mai est le mois du patrimoine asiatique dans The City of Saint John. 7.4 Cystic Fibrosis Awareness Month The Mayor proclaimed the month of May as Cystic Fibrosis Awareness Month in the City of Saint John. 7.4 Mois de la sensibilisation a la fibrose kystique Le maire declare que le mois de mai est le mois de la sensibilisation a la fibrose kystique dans The City of Saint John. 8. Delegations /Presentations 8. Delegations et presentations 10. Consideration of By -laws 10.1(a)Third Reading — Proposed Zoning By -Law Amendment 7 Northumberland Avenue 10.1(b)Section 39 Conditions On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that the by -law entitled "By -Law Number C.P. 110 -140, A Law to Amend The Zoning By -Law of The City of Saint John ", re- zoning a parcel of land located at 7 Northumberland avenue having an area of approximately 690 square metres, also identified as PID number 00323741, 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 -137, a Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land located at 7 Northumberland Avenue having an area of approximately 690 square metres, also identified as PID number 00323741, be subject to the condition that the use of the property be limited to a maximum of three dwelling units. Question being taken, the motion was carried. 14 95 -289 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 On motion of Councillor Killen Seconded by Councillor Snook RESOLVED that the by -law entitled "By -Law Number C.P. 110 -140, A Law to Amend The Zoning By -Law of The City of Saint John ", re- zoning a parcel of land located at 7 Northumberland avenue having an area of approximately 690 square metres, also identified as PID number 00323741, 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 -140, "A Law to Amend the Zoning By -Law of The City of Saint John ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture du projet de modification de I'arrete de zonage propose visant le 7, avenue Northumberland 10.1 b) Conditions imposees par I'article 39 Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete no C.P. 110 -140 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situee au 7, avenue Northumberland, d'une superficie approximative de 690 metres carres et portant le NID 00323741, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -137 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi sur 1'urbanisme, I'amenagement propose d'une parcelle de terrain situee au 7, avenue Northumberland, d'une superficie d'environ 690 metres carres et inscrite sous le NID 00323741, soit assujetti a la condition selon laquelle ('utilisation de la propriete soit limitee a un maximum de trois logements. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete no C.P. 110 -140 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain situee au 7, avenue Northumberland, d'une superficie approximative de 690 metres carres et portant le NID 00323741, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110 -130 modifiant I'Arrete de zonage de The City of Saint John ». 10.2 Third Reading Street Closing — King Street On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the By -Law entitled, "By -Law Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to King Street, be read. Question being taken, the motion was carried. 15 95 -290 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 The by -law entitled, "By -Law Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" was read in its entirety. On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the By -law entitled, "By -Law Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to King Street, 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 -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". 10.2 Troisieme lecture de I'arret6 relatif a la fermeture de la rue King Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete no M -23, Arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a la rue King, fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -23, Arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » est lu integralement. Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete no M -23, Arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John », relativement a la rue King, fasse I'objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no M -23, Arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». 10.3 Third Reading Street Closing — Building By -law Amendment On motion of Councillor Snook Seconded by Councillor Killen RESOLVED that the By -Law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John -law ", repealing and substituting sections 3(2) and 8(3) relating to the definition and authority of the Building Inspector, be read. Question being taken, the motion was carried. The by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John -law" was read in its entirety. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John -law ", repealing and substituting sections 3(2) and 8(3) relating to the definition and authority of the Building Inspector be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. 16 95 -291 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 Read a third time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John - law ". 10.3 Troisieme lecture de la modification de I'arrete concernant la fermeture des routes /construction Proposition du conseiller Snook Appuyee par le conseiller Killen RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John », abrogeant et remplagant les paragraphes 3(2) et 8(3) concernant la definition et I'autorite de I'inspecteur des constructions, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John », abrogeant et remplagant les paragraphes 3(2) et 8(3) concernant la definition et I'autorite de I'inspecteur des constructions, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture de I'arrete intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John ». 11. Submissions by Council Members 11.1 Canadian Blood Services (Mayor Court) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Mayor send a letter to Canadian Blood Services supporting the findings and recommendations of the Non - Partisan Task Force and request CBS to reverse their decision to close any portion of the blood processing facility in Saint John. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Societe canadienne du sang (maire Court) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le maire envoie une lettre a la Societe canadienne du sang appuyant les constatations et les recommandations formulees par le groupe de travail non partisan et demande a la Societe canadienne du sang de renverser sa decision visant a fermer une section de ('installation de traitement du sang a Saint John. A ('issue du vote, la proposition est adoptee. 11.2 Projected Increase in Power Rates by Saint John Energy (Councillor Court) On motion of Councillor Court Seconded by Councillor Higgins RESOLVED that Council request Saint John Energy to absorb the projected 3% increase in power rates. 17 95 -292 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 The question was not taken as a referral motion was put forward which took precedence. On motion of Councillor Higgins Seconded by Councillor Snook RESOLVED that Councillor Court's letter regarding a projected increase in power rates be forwarded to Saint John Energy for discussion during the meeting to take place between the Council and Saint John Energy (Council resolution April 12, 2010). Question being taken, the motion was carried with Councillors Farren, Sullivan and Titus voting nay. 11.2 Augmentation prevue des tarifs d'electricite de Saint John Energy (conseiller Court) Proposition du conseiller Court Appuyee par la conseillere Higgins RESOLU que le conseil demande a Saint John Energy d'absorber I'augmentation prevue de 3 % des tarifs d'electricite. On ne procede pas au vote etant donne qu'une proposition de renvoi est presentee et qu'elle a preseance. Proposition de la conseillere Higgins Appuyee par le conseiller Snook RESOLU que la lettre du conseiller Court concernant une augmentation prevue des tarifs d'electricite soit envoyee a Saint John Energy aux fins de discussion au cours de la reunion qui aura lieu entre le conseil et Saint John Energy (resolution du conseil du 12 avril 2010). A ('issue du vote, la proposition est adoptee. Les conseillers Farren, Sullivan et Titus votent contre la proposition. 11.3 Spring Clean Up Program (Councillor Higgins) Responding to a question regarding waste - management, Mr. Groody stated that the City has not had a clean -up week for approximately 9 years, noting that the program was ended due to its high cost. He explained that the current program offers a number of special services, such as bulky item pick -up and white goods drop -off. On motion of Councillor Higgins Seconded by Councillor Court RESOLVED that Council request an update with regard to the costs / benefits of no spring clean -up program for solid waste, and an analysis of a reduced spring clean -up program, such as a four year rotation by ward. Question being taken, the motion was carried with Councillors Farren, Killen, McGuire, Sullivan and Titus voting nay. Councillor Titus withdrew from the meeting. 11.3 Programme de travaux de nettoyage du printemps (conseillere Higgins) Repondant a une question concernant la gestion des dechets, M. Groody mentionne que la municipalite n'a pas organise de semaine de nettoyage depuis presque neuf ans, precisant qu'un terme a ete mis au programme en raison de son cout eleve. II explique que le programme actuel offre un certain nombre de services speciaux, comme la collecte des dechets volumineux et le depot de produits blancs. Proposition de la conseillere Higgins Appuyee par le conseiller Court RESOLU que le conseil demande une mise a jour concernant les couts et les avantages lies a I'absence d'un programme de travaux de nettoyage du printemps pour les dechets solides et une analyse portant sur une diminution du programme de travaux de nettoyage, comme une rotation de quatre ans par quartier. 18 95 -293 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 A ('issue du vote, la proposition est adoptee. Les conseillers Farren, Killen, McGuire, Sullivan et Titus votent contre la proposition. Le conseiller Titus quitte la reunion. 9. Public Hearings 7:00 P.M. 9.1 (a) Proposed Zoning By -Law Amendment 304 Carmarthen Street 9.1 (b) Planning Advisory Committee Report recommending rezoning The 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 304 Carmarthen Street and having an area of approximately 200 square metres, also identified as being a portion of PID number 00000398 from "B -2" General Business and "RM -IF" Multiple Residential Infill. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its April 20th, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 304 Carmarthen 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 Marcel Doucet, the applicant, stating that he was in agreement with the staff report and recommendation. On motion of Councillor Farren Seconded by Councillor Snook 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 304 Carmarthen Street and having an area of approximately 200 square metres, also identified as being a portion of PID number 00000398 from "B -2" General Business and "RM -IF" Multiple Residential Infill, 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 Farren Seconded by Councillor Snook 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 304 Carmarthen Street and having an area of approximately 200 square metres, also identified as being a portion of PID number 00000398 from "B -2" General Business and "RM -IF" Multiple Residential Infill, 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. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete de zonage visant le 304, rue Carmarthen 9.1 b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale 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 200 metres carres situee au 304, rue Carmarthen, inscrite en partie sous le NID 00000398, afin de la faire passer de zone commerciale generale « B -2 » a edifice a logements multiples sur terrain intercalaire « RM -IF ». 19 95 -294 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 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 20 avril 2010, a laquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 304, rue Carmarthen, 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 les membres du public a exprimer leur appui quant a la modification proposee. Marcel Doucet, le requerant, se prononce en faveur de la recommandation et du rapport du personnel. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que 1'arr6te intitule « Arr6te modifiant I'Arr&6 de zonage de The City of Saint John », modifiant a I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 304, rue Carmarthen, d'une superficie d'environ 200 metres carres et portant le NID 00000398, pour la faire passer de zone commerciale generale « B -2 » a edifice a logements multiples sur terrain intercalaire « RM -IF », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arr6te intitule « Arrete modifiant I'Arr6te de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que 1'arr6te intitule « Arrete modifiant I'Arr6te 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 situee au 304, rue Carmarthen, d'une superficie d'environ 200 metres carres et portant le NID 00000398, pour la faire passer de zone commercial generale « B -2 » a edifice a logements multiples sur terrain intercalaire « RM -IF », fasse ('objet d'une deuxi6me lecture. A ('issue du vote, la proposition est adoptee. Deuxi6me lecture par titre de 1'arr6te intitule « Arrete modifiant I'Arr6te de zonage de The City of Saint John ». 11.4 Priority Neighbourhood Facility Reports / Presentations (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the Common Clerk invite PULSE, Westside PACT, ONE Change, CV ROCKS, and the Waterloo Village Neighbourhood Association to provide 15 minute reports / presentations to Common Council, and further, that the matter be referred to the Clerk to schedule. Question being taken, the motion was carried. On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that Council request a presentation from the Police Commission on the topic of Community Policing, and further, that the matter be referred to the Clerk to schedule. Question being taken, the motion was carried. 20 95 -295 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 11.4 Quartiers prioritaires — Presentations et rapports concernant les installations (conseiller Snook) Proposition du conseiller Snook Appuybe par le conseiller Farren RESOLU que la greffibre communale invite PULSE, Westside PACT, ONE Change, ONE Change et I'Association The Village Neighbourhood de Waterloo a fournir des rapports ou des presentations de 15 minutes au conseil communal, et que la question soit transmise a la greffibre pour qu'elle fixe une date de presentation. A ('issue du vote, la proposition est adoptbe. Proposition du conseiller Snook Appuybe par le conseiller Farren RESOLU que le conseil demande au Bureau des commissaires de faire une prbsentation au sujet du service de police communautaire, et que la question soit transmise a la greffibre pour qu'elle fixe une date de prbsentation. A ('issue du vote, la proposition est adoptbe. 11.5 Waterloo Village Community Police Office (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the letter from Councillor Snook regarding a Waterloo Village Community Police Office be referred to the Saint John Police Commission. Question being taken, the motion was carried. 11.5 Bureau du service de police communautaire de Waterloo Village (conseiller Snook) Proposition du conseiller Snook Appuybe par le conseiller Farren RESOLU que la lettre regue du conseiller Snook, concernant un Bureau du service de police communautaire de Waterloo Village, soit transmise a la Commission de police de Saint John. A ('issue du vote, la proposition est adoptbe. 12. Business Matters - Municipal Officers 12.0(a,b,c) City Manager: Municipal Plan Public Engagement Report and Contract for Plan Youth Engagement Referring to a submitted report and presentation, J. Hamilton, Deputy Commissioner of Planning and Development stated that the purpose of the report is to seek Council's acceptance of the PlanSJ public engagement summary report number 1, to seek Council's participation in a workshop, and to recommend an award of contract to the youth engagement and video aspects of the PlanSJ public engagement program. Anne McShane, representing the PlanSJ Citizen's Advisory Committee, updated Council with respect to work being done by the committee. On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that Common Council: 1) Accept the PlanSJ Public Engagement Report number 1 for the purposes of guiding the next stage of public engagement; 2) Award the contract to deliver a youth engagement and project video for the PlanSJ project to Urban Strategies for an amount not to exceed $60,000 plus HST and (1) that the City Solicitor be directed to prepare the appropriate documents and (2) the Mayor and Common Clerk be authorized to sign the Agreement; 3) Schedule an informal workshop session with Council in June to discuss the issues and opportunities for PlanSJ. Question being taken, the motion was carried. 21 95 -296 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 12. Affaires municipales evoquees par les fonctionnaires municipaux 12a), b), c) Directeur general : Rapport sur la mobilisation du public relativement au plan municipal et contrat lie a un plan favorisant la participation des jeunes Mentionnant un rapport soumis et une presentation, J. Hamilton, commissaire a I'urbanisme et au developpement, mentionne que I'objectif du rapport est d'obtenir I'approbation du conseil relativement au premier rapport sommaire sur la mobilisation du public pour le PlanSJ, de faire participer le conseil a un atelier et de recommander d'accorder un contrat pour la mobilisation de la jeunesse et les aspects relatifs aux videos du programme de mobilisation du public pour le PlanSJ. Anne McShane, representant le Comite consultatif de citoyens pour le PlanSJ, tient le conseil au courant du travail effectue par le comite. Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le conseil communal: 1) accepte le premier rapport sommaire sur la mobilisation du public pour le PlanSJ, afin de guider la prochaine etape de la mobilisation du public; 2) accorde un contrat visant a mobiliser la jeunesse et a offrir une video pour le projet PlanSJ a Urban Strategies, jusqu'a concurrence de 60 000 $, TVH en sus et 1) que I'avocat municipal soit charge de rediger toute documentation exigee; 2) que le maire et la greffiere communale soient autorises a signer I'accord susmentionne; 3) fixe une date pour tenir une seance d'atelier avec le conseil au mois de juin, afin de discuter des questions et des occasions liees au PlanSJ. A I'issue du vote, la proposition est adoptee. 12.1 City Manager: Update on Canada — New Brunswick Infrastructure Stimulus Fund Program — Safe, Clean Drinking Water Projects On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that Common Council authorize the Mayor to send correspondence to, and otherwise follow -up with, the appropriate Federal and Provincial Government ministers and agencies to propose adjustments for the Infrastructure Stimulus program to: 1) Extend the general deadline for project completion to September 30th, 2011; 2) Provide municipalities with a reasonable degree of flexibility regarding utilization of the overall Stimulus funding envelop provided to a municipality (among its various approved project components); 3) Undertake the Reversing Falls Bridge project jointly with the Province of New Brunswick, with NBDOT assuming responsibility for the structural bridge component and the City the water transmission mains, with approval to construct the works at a time that does not conflict with the Saint John Harbour Bridge renewal project; and 4) Alternatively, seek approval to replace the Reversing Falls Bridge Transmission Mains project with the following drinking water projects totaling $3,800,000: a) Spruce Lake Pump Replacement $1,300,000 b) Watermain Cleaning and Lining Phase 7 $1,200,000 c) Water Use Efficiency and Conservation Plan $400,000 d) Spruce Lake Industrial Park Potable Watermain $500,000 e) Woodward Avenue PRV $400,000 Question being taken, the motion was carried. 22 95 -297 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 12.1 Directeur general : Nouvelles sur le programme Canada- Nouveau- Brunswick relatif au Fonds de stimulation de ('infrastructure — projets pour la salubrite et la proprete de 1'eau potable Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que le conseil communal autorise la maire a envoyer de la correspondance, ou a en faire le suivi, aux ministres et aux organismes des gouvernements federaux et provinciaux, pour proposer des ajustements quant au programme de stimulation de ('infrastructure pour : 1) repousser la date limite generale de I'achevement du projet au 30 septembre 2011; 2) offrir aux municipalites un degre raisonnable de souplesse quant a ('utilisation de 1'enveloppe de fonds de stimulation de ('infrastructure globale fournie a une municipalite (parmi les divers elements du projet approuves); 3) entreprendre le projet du pont des Chutes reversibles conjointement avec la province du Nouveau - Brunswick, le ministere des Transports du Nouveau - Brunswick etant responsable de 1'e1ement structural du pont et des conduites principales d'eau de la ville, en vertu de I'autorisation de realiser les travaux a un moment qui n'entre pas en conflit avec le projet de renovation du pont du port de Saint John; 4) sinon, demander I'autorisation de remplacer le projet de remplacement de la conduite d'eau principale du pont des Chutes reversibles par les projets suivants lies a 1'eau potable s'elevant a 3 800 000 $ : a) Remplacement de la pompe du lac Spruce 1 300 000 $ b) Nettoyage et revetement interieur de la conduite d'eau principale, phase 7 1 200 000 $ c) Capacite d'utilisation de 1'eau et plan de conservation 400 000 $ d) Conduite principale d'eau potable du parc industriel du lac Spruce 500 000 $ e) Robinets reducteurs de pression I'avenue Woodward 400 000 $ A ('issue du vote, la proposition est adoptee. 12.2 City Manager: Update on Stormwater Management — Drainage Basins On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the submitted report M &C 2010- 115: Update on Stormwater Management — Drainage Basins be received for information. Question being taken, the motion was carried. 12.2 Directeur general : Nouvelles sur la gestion des eaux pluviales : Bassins versants Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le rapport soumis intitule M/C 2010- 115 : Nouvelles sur la gestion des eaux pluviales : Bassins versants soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.3 City Manager: Combined Sewer Outflow Reduction Strategy — Eastern Wastewater Treatment Facility Collection System On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -138, the proposal from CBCL Limited for engineering services for the Combined Sewer Overflow Reduction Strategy — Eastern Wastewater Treatment Facility Collection System be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 23 95 -298 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 12.3 Directeur general : Strat6gie de reduction de la d6charge de Ngout unitaire — systeme de collecte de ('installation de traitement des eaux us6es du quartier Est Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M &C 2010 -138, la proposition presentee par CBCL Limited relative aux services d'ingenierie pour la Strat6gie de reduction de la decharge de 1'egout unitaire — systeme de collecte de ('installation de traitement des eaux us6es du quartier Est, soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. A ('issue du vote, la proposition est adoptee. 12.4 City Manager: Response to Duke Street West Stop Signs Request T. O'Reilly, Manager of Pedestrian and Traffic Services, outlined the staff recommendations as contained in the submitted report and he responded to questions from Council members. Some Council members requested that staff consult with the area residents with respect to the proposed amendment to the traffic by -law. On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that the report entitled Response to Duke Street West Stop Signs Request be tabled pending a consultation with residents in the area of Duke Street West with respect to the proposed amendment to the traffic by -law. Question being taken, the motion was carried. 12.4 Directeur g6n6ral : R6ponse a la demande de panneaux d'arret pour la rue Duke Ouest T. O'Reilly, gestionnaire des services pietonniers et des services de circulation, decrit les recommandations formulees par le personnel, telles qu'elles figurent dans le rapport soumis et it repond aux questions posees par les membres du conseil. Certains membres du conseil demandent que le personnel consulte les residents du quartier, en ce qui a trait a la modification proposee de 1'arrete relatif a la circulation. Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le rapport intitule R6ponse a la demande de panneaux d'arret pour la rue Duke Ouest soit reporte jusqu'a ce qu'il y ait une consultation avec les residents du quartier de la rue Duke West concernant la modification proposee de 1'arrete relatif a la circulation. A ('issue du vote, la proposition est adoptee. 12.5 City Manager: Loch Lomond Road Speed Limit Referring to a submitted report, T. O'Reilly, outlined the staff recommendations with respect to the speed limit on Loch Lomond Road. Some Council members expressed concerns with the recommended new speed limit. On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the submitted report entitled Loch Lomond Road Speed Limit be referred to the City Manager for further analysis and a report and recommendation to Council. voting nay. Question being taken, the motion was carried with Councillor Higgins 24 95 -299 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /1-E 26 AVRIL 2010 12.5 Directeur general : Limitation de vitesse sur le chemin Loch Lomond Mentionnant un rapport soumis, T. O'Reilly decrit les recommandations formulees par le personnel quant a la limitation de vitesse sur le chemin Loch Lomond. Certains membres du conseil font part de leurs inquietudes quant a la nouvelle limitation de vitesse recommandee. Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que le rapport soumis intitule Limitation de vitesse sur le chemin Loch Lomond soit transmis au directeur general, aux fins d'analyse approfondie, et qu'un rapport et des recommandations soient presentes au conseil. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 12.6 City Manager: Westmorland Road Traffic Improvements On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that Common Council support implementation of Options number 2, 3c, 5 and 7, as outlined in the submitted report M &C 2010 -142; and further, ask the City Manager to identify how Option number 5 could be funded for implementation in 2010. Question being taken, the motion was carried. 12.6 Directeur general : Ameliorations relatives a la circulation sur le chemin Westmorland Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le conseil communal appuie la mise en oeuvre des options no 2, 3c, 5 et 7, tel que cela est indique dans le rapport soumis intitule M &C 2010 -142, et que le conseil demande au directeur general de determiner comment ('option no 2 pourrait titre financee aux fins de mise en ceuvre en 2010. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1(a,b) Saint John 225: Requesting Approval of Rental Agreements On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that as recommended by the Saint John 225 Committee, Common Council approve the rental agreements for Harbour Station and the Imperial Theatre rental, as submitted. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 a), b) Saint John 225: Demande d'approbation des contrats de location Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le Comite de Saint John 225, le conseil communal approuve les contrats de location pour la location de Harbour Station et du Theatre Imperial tels qu'ils ont ete presentes. A ('issue du vote, la proposition est adoptee. 25 95 -300 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /LE 26 AVRIL 2010 13.2 Committee of the Whole: The Greater Saint John Community Economic Development Agency, Incorporated (also known as "Enterprise Saint John ") On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Common Council hereby approves the application by the Greater Saint John Community Economic Development Agency Incorporated for supplementary letters patent, as submitted by the latter to Council on July 7, 2008. Question being taken, the motion was carried. 13.2 Comit6 pl6nier : La Greater Saint John Community Economic Development Agency, Incorporated (aussi appel6e « Enterprise Saint John ») Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le conseil communal approuve par les presentes I'application par la Greater Saint John Community Economic Development Agency Incorporated de lettres patentes supplementaires, telle que soumise par cette derniere au conseil, le 7 juillet 2008. A I'issue du vote, la proposition est adoptee. 13.3 Committee of the Whole: Assignment of Contract Between DFS Inc. and The Board of Police Commissioners for the The City of Saint John On motion of Councillor Snook Seconded by Councillor Sullivan RESOLVED that Common Council hereby accepts the assignment from the Board of Police Commissioners for The City of Saint John of its contract with DFS Inc. dated June 12, 2008; and that the Mayor and Common Clerk be authorized to execute any related documentation. Question being taken, the motion was carried with Deputy Mayor Chase voting nay. 13.3 Comit6 pl6nier : Cessation de contrat entre DFS Inc. et le Bureau des commissaires de la police de Saint John pour The City of Saint John Proposition du conseiller Snook Appuyee par le conseiller Sullivan RESOLU que le conseil communal accepte par les presentes la cessation du Bureau des commissaires de la police pour The City of Saint John de son contrat avec DFS Inc., date du 12 juin 2008, et que le maire et la greffiere communale soient autorises a signer toute la documentation afferente. A I'issue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la proposition. 14. Consideration of Issues Separated from Consent Agenda 14.1 Trade & Convention Centre Renovations — Engagement of Design Consultant On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -143: Trade & Convention Centre Renovations — Engagement of Design Consultant, Common Council engage the service of Lemay Michaud Architecture Design in the amount of $609,287 (plus HST) to complete the design and tender package for the renovations of the Saint John Trade & Convention Centre and further that the City Solicitor be directed to prepare the appropriate documents for signature by the Mayor and Common Clerk. nay. Question being taken, the motion was carried with Councillor Court voting 26 95 -301 COMMON COUNCIL /CONSEIL COMMUNAL APRIL 26, 2010 /1-E 26 AVRIL 2010 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Renovations au Trade & Convention Centre — Embauche d'un consultant en conception Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010— 143: Renovations au Trade & Convention Centre — Embauche d'un consultant en conception, le conseil communal retienne les services de Lemay Michaud Architecture Design, au montant de 609 287 $ (taxes en sus) pour completer la conception et le dossier de soumission pour les renovations du Saint John Trade & Convention Centre, et que I'avocat municipal soit charge de rediger la documentation exigee aux fins de signature par le maire et la greffiere communale. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:20 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 20. Mayor /maire Common Clerk /greffiere communale 27 REPORT TO COMMON COUNCIL M & C — 2010 -48 May 5, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up — Newman's Brook Sewer Separation N.B. Supply and Services — PID # 00046524 BACKGROUND: " City of Saint John At its meeting of 01 March 2010 Common Council adopted a resolution recommended in M &C 2010 -48 relating to the City's proposed acquisition of real property rights for the Newman's Brook Sewer Separation project as follows: That subject to Cabinet approval, the City of Saint John acquire from the Province of New Brunswick an easement for municipal services in and through lands designated as PID # 00046524 along the routing as generally shown on the tentative subdivision plan attached to M &C 2010 -48 for the sum of $44,283.00 and that the Mayor and Common Clerk be authorized to execute all necessary documents. Prior to finalizing said easement, the N.B. Department of Supply and Services have agreed, subject to Common Council approval, to allow the City early entry to the property to perform the necessary work on the terms and conditions contained in the attached letter dated April 30, 2010 bearing File No. 11 -278 ( the "Early Entry Letter" ). The City Solicitor's office and the City's Harbour Clean-Up Project Engineer have reviewed and approve the terms and conditions contained in the Early Entry Letter. 28 Report to Common Council Page 2 May 5, 2010 RECOMMENDATION: That the City of Saint John undertake access to lands designated PID # 00046524 upon the terms and conditions set out in the letter from the Province of New Brunswick dated April 30, 2010 bearing File No. 11 -278 attached to M &C 2010- 155 and that the Mayor and Common Clerk be authorized to execute said Early Entry Letter. Respectfully submitted, Ken arrest, MCIP, RPP Commissioner Planning and Development J. trick Woods, C.G.A. City Manager Attachments PW /p 29 YJJ /tan /evil L'J IYJ _- 4 S Jbn I''KUitl'<I Y I' IHHIVHL7tl'IbIN I f JJ.Z:)Jbb4J (J,.SJ GNU. b (G L JU;f� ANew,, h�T�loixveau B�rtxxa 0 C A N A. lD A April 3d, 2010 File No. 11 -278 G. Ivan Court, Mayor The City of Saint John C.R1971 Saint John (NB) E2L 4L1 Your Worship: Re: Construction of Sewer Trunk Easement and Associated Site Work crossing Hazen White School fP1D 46524), Saint John. N.B. (Easement PID 552067 This is in reference to the City's request to undertake work on the subject property as part of the City's harbor clean -up project_ Please be advised that approval is hereby granted to The City of Saint John to enter onto the subject property, for the purpose of installing a sanitary and storm sewer pipeline, as shown on the attached sketch. This permission is given with the understanding that: 1. The City is responsible for all costs associated with the construction of the lines, including all site preparation and landscape restoration, There will be no reimbursement by the Minister of Supply and Services for work performed and all improvements will be removed at the expense of The City of Saint John, should the easement not proceed, Nothing herein shall affect any funding paid or to be paid to the City under the Saint John Harbour Cleanup Trust as set forth in a letter dated March 22, 2007, from the Minister of Finance to the Mayor of the City of Saint John. 2. All activities of the City or by persons claiming under the City will he carried out solely at the expense and risk of the City who shall make no claim whatsoever against Her Majesty the Queen in Flight of the Province of New Brunswick as represented by the Minister of Supply and Services for any costs incurred. 3. The City shall indemnify and save harmless Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Minister of Supply and Services from any and all claims that may arise from the use of the subject property by the City or by persons claiming under the City, or from the exercise by the City of any of Its rights or the failure to perform any of its obligations hereunder. 4. The work must be undertaken in such a manner, as to minimize damage to the, Hazen White School property_ Tel. l T61e0hme 'P.O. Box 6000 case Dwtale 6000 546.453 -2221 Fredericton Fredericton Gu=41 Website Fax 1 T61600i Ur : NOW Brunswick Nouvcau- Brunswick 505 -444 -5653 Canada ER 5HI Canv4aM 5H1 www.gnb.4a Supply and SerriceslApprovisionner#tent et Services p.0. BoxU, 6000 Fredericton New Brunswickl6'ouveau- 87unswick E3B 5H1 {anada Tel,1Tki. (505) 453.3742 Fax1T41ec. (506) 444 -4400 Visit us at our web site. www.Qb.ca12221L Vis i to z aotre site Web : www. W2221 & -d _en-faall 30 A "J/ ✓J01 r_vi_rJ J.U•' -`J DOD r"NUt -r-K I T 1'1 "II'I -lUCt ICI41 I 74,)Kj0047 1`fU.0 re LAfU15 5. The City shall keep the premises in a neat and orderly condition, as good as when this permission was granted. 6_ The work must be undertaken in such a manner, as to not disrupt the normal day -to -day Operation of the Hazen White School. 7_ This agreement/ permission shall be terminated on one (1) week's written notice to the City in the event that' a) The City ceases to use the property for the purpose for which permission is hereby granted, or b) The City breaches or falls to perform any covenant in this Agreement. 8. The City may not assign the rights and/or permission herein contained in this agreement. trust this is satisfactory. Yours truly, yu&t,&Aj� &-/ Leah Essensa, Director, property Management Branch cc: Ron White - Education Please indicate The City of Saint John's acceptance of the above stated terms and conditions by signing below and returning a copy to this office. G. lean Court, Mayor Date The City of Saint John Elizabeth E. Gormley, Common Clerk Date The City of Saint John Common Council Resolution Date Td_ / T&vfwoe ' Q.O. BOX 6000 Case postale 6000 506 -453 -2221 Fredericton Ftedericwn General Website Fax 1 T60,coDiour' Now Bmnswick Nouveau - Brunswick 506 - 444.5653 Canada F3B Skis CanadaUB 51xl Visit us at our web site: MM-90,0=121/ Visitez notre site web : wwwsob.0a22 l' dex 31 I��ib.SiGVJ1.b 1�:1�5 r * F 7 Y r w 0- IN JJbb F'NUJ 'tK I Y V1H4HUt1'1t1`I I I 7.L71jbb47 C�J7 - > ar t r r x x aIT IMIM i v Es s a k 1 x�Sp„ y N ' -7ZI m x 9 i �y^ S b 7 .r .°0 1] CL -QD 10A r� M i a F yl� 1r i r r r� Fdt3ma Y. Per }o Iki+ommgd $Nfm rq m� owI`(tem lm[ymf yypp L y[� tllLlQl 111 l 1-p lit Il!"Th 7S4 ��1�•'i'Q�gl���� �� I R r 111U. i3�C3 1i 'L7�14 2126 7 Description of Plan: Harbour Clean -Up - Newman's Brook Sewer Separation area location N PID:00046524 A PAN: 01667025 fi7025 Address: Sandy Point Rd Date: February 18, 2010 33 r $ goy ° ag U i og a�4 A 9zsz aa� Its X ®O• ■°O Y< M laa l:�S� B3ri�tfrd Rd 9.: d9� Pva cz[ic4L1 1­ 3 SLB04 aw TO R °wwoy°ry n} ad z owiloj• �t 07 -11 �7a w. Nt F �;g etRe" o o�a� �0 L N 00'S1 A ^ S O W u �y0 ti A C.E ®� x W _ Q ats ;I m' 0 L 5 n a IZ a- < L OATS 4 } pa a CL rg: F �;g etRe" o o�a� �0 L N 00'S1 A ^ S O a �j a a C O Q, VT c O i/l V. 9�v � 34 fJl W u �y0 ti C m C.E ®� x W _ Q ats ;I m' 0 L 5 O IZ a- < L OATS 4 } pa a CL N-uN w °�a•o °" 00 a °d�'�a�e Y I� a �j a a C O Q, VT c O i/l V. 9�v � 34 fJl z° z M1 Fq � 44 N2 ti C m Ci N a s rn N ♦ � m' 0 L Voryoap4Jy� 4&1 jr unaa 6ulurwa�{ O IZ a- < Q w °�a•o °" 00 a °d�'�a�e Y I� G N'> T G L 4W.00�'] ° cn cn >2 s nt. ;333 0 @ S M1e�° tiS�1.2 8 A'��� �r� �;�� MIZIA Y Lam.... w 4 N z 'N�ampR�mam nYdbn bnubJ waa,a Wnh.. z° z M1 Fq � 44 N2 34 ti LYTB M9.00 T HE CC 11L 'aN ta 'LL as S LfEPPY diy� ♦ � Voryoap4Jy� 4&1 jr unaa 6ulurwa�{ O IZ a- < 34 C �f MRN 1 7-7x STONET_ R GEOLOGICAL PROJECT 277 Douglas Avenue Saint John, NB E2 1E5 Canada May 18, 2010 The Mayor & Council C/O Common Clerk 8`h Fl City Hall PO Box 1971 Saint John, NB E21_41_1 Mayor and Council, I am requesting to present an update on the Stonehammer Geological Project to Common Council on June 14th, 2010. Common Council approved the signing of a MOU with the Stonehammer project in December 2009 and since then the working committee has been successful in securing a site visit from UNESCO this coming August 2010. This is the final stage of the application process and it should be noted that greater Saint John is still positioned to be the first Global Geopark, supported by UNESCO in North America. We would like the opportunity to update His Worship and Common Council on progress since December 2009 and plans for the site visit by UNESCO in August 2010. 1 hereby request to present to Common Council on Monday, June 14 'h, 2010. Please contact me at your earliest convenience to confirm. You can reach at 506 -693 -9499 or by e-mail at bmerrifield @wellwest.ca. Thank you for your time and 1 look forward to hearing from you. Sincerely, Bill Merrifi d / Chair, S ehammer Ge logical Project Telephon 506- 693 -94 Email: bm rrifield @well est.ca 35 March 26, 2010 City of Saint John Mayor: Ivan Court & Councilors P.Q. Box 1971 Saint John, N.B. E2L41_1 RE; Westmorland Road I am writing with my concerns and frustrations of trying to get in and out of our sub - division - Westmorland Heights via McLaughlin Crescent. I live at 4 Carl Court off Barbara Gres. We do have a steady stream of traffic which I am sure you all know about and with Costco arriving very soon (which I am very pleased about as I won't have to drive to Moncton now), but have very grave concerns about much more traffic. You have blocked off Northumberland Road on us which should never have been. That I do believe was done because some people have a bit of drag and pull with the city, but I do not, none whatsoever, many many here on Barbara Cres and McLaughlin and Northumberland Rd were very much against it, ridiculous. We purchased our home here in 1978 and love it in here, we are now seniors and still happy living here but for how much longer we do not know as the city seems to change this quiet neighbour a bit. We have three (3) yes three businesses in here. One being Kettle's Steering, Allan's Hairdressing -which their entrance in and out is off McLaughlin and Port City Psycho. And along with that we have Woodlawn School right across the street on Westmorland. Many customers to these businesses and many children using that corner for school buses. Why a set of lights were put up the top of Northumberland I don't know please explain that to me. I use Westmorland daily and sometimes many times a. day and have yet to see that green light change but my husband walks a lot and says only pedestrians use it on occasions. I have seen the traffic backed up to the entrance of Fernhill Cemetery heading to Loch Lomond Rd and here I am sitting trying to get out and many times being the second, third or forth car trying to get out - a long wait when a times it has been an emergency to get to the Villa nursing home with sick parents there, very frustrating. Please consider taking that light on Northumberland and moving it down to our intersection, we do need it. While 1 am writing you about frustrations another matter I should bring up also is the blind knoll when you come onto McLaughlin Crescent, cars on the left side continue to park right on the street with their driveway empty and its been touch and go at time mostly when coming from the direction of Port City business. I always thought their was NO PARKING on a blind knoll please check that out, Well I'm not that great at writing so please excuse any errors in English or spelling I am a 71 year old senior and do hope to have a few more years to live in my home. I won't go there about the taxes but would appreciate so much you looking into my matter. Some neighbours have discussed this with me and maybe you have heard from them and maybe not as I did tell them I was sending my concerns and they said GO FOR IT. Please take my concerns seriously and make the proper changes to our entrance onto McLaughlin Crescent. I would appreciate a reply by phone 693 -9662 or email hazelg cr,nb.sympatico,ca so that I do know you ALL have read my concerns. Thanks and have a great Easter... 36 To: Mayor of City of Saint John and Common Council Your Worship and Members: I am the current Chair of the Saint John Taxi Advisory Committee. My appointment and that of our current committee is in its' second term. We have been meeting regularly and have been preparing a report to Council which has been delayed several times for various reasons including our desire to obtain feedback from all stakeholders in the industry. We have also presented to and have received support from the Board of Trade Transportation committee for our recommendations. To capsulize; we wish to propose that Common Council must "take ownership "of this committee in some "practical" form. Council must empower our Committee and/or a like group; since our Advisory committee and its' predecessor group has been ineffective and "toothless" in its' ability to effect improvements in the industry in our City. We would like to offer our recommendations to yourself and Council at an open session both verbally and in written form for your due consideration. ,z- ` on LeBlanc Chair; Saint John Taxi Advisory Committee May 19th/10 37 M & C — 2010 -182 May 21, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up — Newman's Brook Sewer Separation N.B. Housing Corporation — PID #'s 00411942 and 00411959 BACKGROUND: At its meeting of 19 February 2010 Common Council adopted the following resolution: 5.19 That as recommended by the City Manager in the submitted report M &C 2010 -44: Harbour Clean -Up — Newman's Brook Sewer Separation, The City of Saint John acquire from New Brunswick Housing Corporation an easement and rights in lands designated as PID number 411942 and PID number 411959 for the sum of $33,138.00 upon the terms and conditions set out in the Agreement of Purchase & Sale submitted with said report and that the Mayor and Common Clerk be authorized to sign all documents necessary. Pursuant to the Agreement of Purchase & Sale, closing of the acquisition was to be "within ninety (90) days following the adoption of the Common Council resolution" ie (May 17, 2010). Closing did not take place as the documentation is not yet completed. The City still requires the easement & rights and the New Brunswick Housing Corporation is still prepared to convey the requested easement & rights. 38 Report to Common Council May 21, 2010 RECOMMENDATION: Page 2 1. That the City of Saint John acquire from New Brunswick Housing Corporation an easement and rights in lands designated by PID #411942 & #411959 for the sum of $33,138.00 upon the same terms & conditions (save and except as to Closing Date) set out in the Agreement of Purchase & Sale attached to M &C 2010 -44; and 2. That the Mayor & Common Clerk be authorized to sign all required documentation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager PW /p 39 Description of Plan: Harbour Clean -Up — Newman's Brook Sewer Separation area location N PID: 411942 & 411959 PAN:01667601 Address: Flemming Court Date: February 10, 2010 40 REPORT TO COMMON COUNCIL M &C- 2010 -169 May 19, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning 47 -69 Ross Street BACKGROUND: City of Saint John At the meeting of May 10, 2010 Common Council tabled the recommendation to set a public hearing date for a Municipal Plan Amendment and Rezoning Application at 47 -69 Ross Street and asked Planning and Development to provide further detail on the application. Specifically, Planning and Development staff were asked to provide information on whether any of the existing parking presently onsite is within the area currently zoned industrial. ANALYSIS: The applicant has submitted an application for a Municipal Plan Amendment and Rezoning to allow for the use of lands immediately adjacent to the east and west of the building for parking for the dental college. From a review of the site, approximately one -third of the existing parking area to the west of the existing building at 55 -57 Ross Street is currently zoned "I -1" Light Industrial. This area measures 12.6 in by 30 in (41.3 feet by 98 feet). The area is shown in Figure 1. 41 M &C- 2010 -169 -2- May 18, 2010. a 72 2.a 68 70 - 2 1 I� �:r 4q 71 z 43. 47 SUA Figure 1— Rezoning site and surrounding area The existing building at 55 -57 Ross Street, which currently houses the Dental Assistants College of Saint John, is also zoned "I -1" Light Industrial. These areas were rezoned to Light Industrial in 1988. At that time Planning Staff recommended against the rezoning, citing the lack of parking as one of the issues. However the rezoning was approved by Common Council. Based on the analysis presented in the 1988 Planning Advisory Committee staff report, the 1,450 sq.m. (15,600 sq.ft.) building would require 8 parking spaces if developed for a warehouse use, 25 spaces if developed for an office use and 30 spaces if developed for a manufacturing use. The analysis also noted that only 9 or 10 parking spaces could be developed on the site. Staff consider the current use to be an office use for the purpose of calculating the required parking. The property is therefore severely deficient in terms of parking, but Common Council approved the rezoning in 1988, in full knowledge that this could be the result. Staff note the ability to develop a large amount of parking on the site has not changed. The ability to provide a large amount of parking on the portion of the site that is zoned "I -1" Light Industrial is limited given the property width of 12 meters and the locations of the existing landscaped planter, the building entrance and fire escape. The current use of the property and the lack of parking clearly presents an undesirable situation both for the applicant, who does not have the parking necessary to support the use, and for the City because prohibiting parking in the 42 M &C- 2010 -169 -3- May 18, 2010. proposed location would result in a significant demand for on- street parking to accommodate the occupants of the building. Given this, the applicant is requesting a Municipal Plan Amendment and Rezoning to allow for parking on property adjacent to the existing dental college. The dental college is a permitted use as outlined in the 1988 rezoning agreement. Staff have not completed a full analysis of the subject application but we are of the view that the circumstances warrant full consideration of the application through the normal and full Municipal Plan Amendment and Rezoning process. We therefore recommend that the application be referred to Planning Advisory Committee and that a Public Hearing be held. RECOMMENDATION: Staff recommends that Common Council refer the application to the Planning Advisory Committee for Review and comment and set July 5, 2010 as the date for a Public Hearing. This will provide the area landowners and the Public with an opportunity to provide their comments on the proposal and for Staff to conduct a more detailed review of the proposal. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager WE Project No. ] 0 -078 43 May 10, 2010 His Worship Mayor Court And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street A Public Presentation was made on March 29, 2010 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800 and add the said property to the list of Approved Commercial Developments in sub - section 2.4.6.28, to permit a parking area. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, June 2151, 2010 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Elizabeth Gormley Common Clerk Attachment 0:4r SAINT JOHN P.O. Box 1971 Saintlohn, NB Canada E2L4L1 I wwwsaintjohn.ca CA 1971 Saintlohn, NA. Canada E2L4L1 44 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a 1'arrete sur le nonage Applicant Related Information I Renseignements sur le demandeur Name of Applicant / Nom du demandeur 'S--/ -1:5-- 7 AI S L-1d Mailing Address of applicant / Addresse postale du demandeur S,4 IAJ'7 2_0 h+,J , AIR Telephone Number / NumdTo de tdi6phone Home / Domicile 6gl. - (2.77 Fax Number / Numdro de tdldcopieur 6U - 2.2 ?6 ✓1 Crpll f 2A itl ) 2690 LoGN LomoAj9 k . Postal Code / Code postal F1 N /A Work / Travail 6 5 8 — 8 1 4 0 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse SAME AS A9aVF L/ I C r'o rZ '2,a t ICJ Postal Code / Code postal: Property Information / Renseignements sur la propriktk Location / Emplacement 947 — (. Q (< ST 72—i'•% ST. .-4M6 5 ST. Civic # / No de voirie Street / Rue PID /NIP Lot Area / SuperFcie du lot Existing Use of Property / Utilisation actuelle de la propridtd Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal Present Zoning / Zonage actuel 9M — I Amendments Requested /Modifications demandees .Street Frontage / Farade sur rue 10A VF_ D (64MV 0 N C, AR EA r4 I I) Ad �* r Try' AF S (,D E ,-J r /A L M Icipal Plan / Plan municipal ++ Change Land Use Designation to / Modifier la ddsignation de Putilisation des terres d mil! oV e d ( L",( and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -law/ Arr6td sur le Zonage Change Zoning to 1 Modification du zonage A PArz•AC r A-) 6- Foe Co H Etc 1,4 1- (?j,_p6, _ and/or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) 45 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition 74r- ( N 7-E. tiJ 'T /5 "T-6 14ifk V E E K 1 S 'TI N G PA-42- K I D Cr L O -r rS 2 o N !< 0 /-k-5 S U e; 4-} - i is Y' H A, d E B F r- .J US F P 145 P,42 K, ►j G Lo-r5 F'O2 N4A -s-IV 'CFA-2S LINES Aki D R0A4Z-.b E 2S NEE-b 7V -(IF-A," . Irp'a1C ►+-JG 4 Q '77�,t< DfN'r A t Coc t r:[ You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre proposition. Vous pouvez egalement fournir des photograph ies, des plans de bdtiment, des dessins de plan d'dlevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propridid, 1'emplacement de la totalitd des bdtiments, des alldes, des aires de stationnement, des amdnagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propridld et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les queiles les modifications devraient ctre approuvdes. -TH F S E /-07-S l4 AVE E X (C TE b Af PA n- V- 1 0-J6, Fo 2 Aj£ 1 G- ti-ag0 V A-I I'r (?- Pao PEa- -riES Fat NARY -(IF-A," . --*E 6L-,p Bvl &bINGS 4- IF-C -E 'T-o rL E -b o wov AFT-E -R Ft 2E e4e- • 4,lb C L E.40�1" UP TV Pea V 10 E 01 :51MOEr PAALX t-J0- Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait @tre utile. `]-t-IESE C H404r.JGE9 7b 2oSS ST• �}r.r� ST• S��ES f-r. FF,4,�E —IMPao vo Tit A-2EA 6 $0uT-- }+ 1E Wb XvpPQ (a--r Frt 0 M I'J -E i 8 0 V R-1 w} Cr L4q-� D 0 ww1 E 2 S / 2f S t D c e-4r. . SU PA 0 tzT Wit+ r S Signature of Applicant / Signature du demandeur o 2 T/24 ItO Z'tiL/ cKA V� Date f E 3 210 /20/0 ❑ S400 Application Fee Enclosed 1 Ci joint les frais de demande de 400 $ Ifyou are not the owner of the land in question Si vous n'etes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propridtaire dons la pantie the owner authorizing this application to proceed is ci- dessous. La signature du propridtaire autorisant le required for consideration by Common Council. traitement de la prdsente demande est requise pour que Signature of Owner (if applicable) cette ¢erniere soft ex minde par le Conseil communal. Signature du propridtaire (s'il y a lieu) X-_ Date 6-E6 - 2-& 2 e 1 0 46 City of Saint John ATTN: Mark Reade Planning and Development PO Box 1971 Saint John, NB E2L 4L 1 February 23, 2010 RE: Rezoning of Property Owned by 514574NB Ltd. (Victor Train) Hello Mark Reade, As discussed in our meeting two weeks ago, three key issues need to be addressed, a fence along the neighbouring west side of the property, the future landscaping along the sidewalk once the city completes road and sidewalk upgrades slated for 2012, and parking to include a strip of neighbouring property up against the building on the North side. ITEM A Fence along the neighbouring west side of the property. The proposed fence is a chain link fence with grey privacy slats installed. The attached photograph, Appendix A, shows the fence running from the corner of the car port up to the existing wooden fence. Neighbouring properties on the other side of the building (the East side) already have the same fencing installed and are very happy with this arrangement, see the attached photograph, Appendix A. ITEM B Future landscaping along the sidewalk once the city completes road and sidewalk upgrades slated for 2012. The proposed curbing along the sidewalk side of the property (the South side), 8 spaces in total. Will be considered temporary until the city completes road and sidewalk upgrades presently slated for 2012. These curbs, see attached photograph, Appendix B, will then be removed and a long planter will be constructed from the same Allan Block Wall System presently used on the property, see attached drawing and photograph, Appendix B. ITEM C Parking to include a strip of neighbdprio property up against the building on the North side. The proposed parking along the side o h neighbouring property to the North side of the parking lot, is supported by the property owner ( obert yan), seethe attached photograph and letter of support, Appendix C. .9d 47 +. ++.+. «+ate ++. « a rcKrYyirva MI'YV l.+CVCLUr t'RUt q/ i 1 1 PLANNING AND DEVELOPMENTIURBANISME ET DtVELDPPEMENT iLL +t *t *� r P • r * T�� � kt ■ + * } +r IMF ILI foe N lid 141 r } ' { I n g „r p rn St! q Is" ri It -IF ,f M u t 4 1 r , so C 0 ID * r C v e �tot,r+r,Y Subject Sltelslte en question: in r i!U 1■ t* 1 r r LP.RM -X , Location: 47 -69 Rose Street and 72 -74 St, Street Date: July 29, 2049 Scalelichelle- Not to scale /Pas A Mchelle 48 1 N r � ,M ,m 1 1�A ATE n r 01 8 r 1 At . 1 S ;7! ♦ iM r �t}4• 11 Ii�t■,r+"' PIDWINIP(s7. 170001828, 00001610, 00001594 and 00001800 St. James Street Nelghbouring Building Choi Link Fence 0*10hbouring Building wooden Fence ii i t%ant:i i Assletants Calk" of Chain Saint John Link Fenca ,b Spaces I' x ta' T 22' Planter a Spaces ®e•a 11' — 27' I 22' Nelghb0urhrg a Spaces a a' x is' Banding I r— 24' —� Planter Power Fu,urs Planter Pole Ross Street 49 Retaining Well Neighbouring Buliding 3 — 27' —� 7 Spaces aie' _ Chaln Neighbouring Link Fence Bugding r ....,., 25. V I I M' I Spaces a V x 10' Neighbotrbrg Bulking b Spaces ® g' a , a' pu5prr Future Planter Pole APPENDIX "A" 50 Modified photograph of proposed fence running from car port to existing wooden fence. 51 Existing fence and retaining wall on East side of property. 52 APPENDIX "B" 53 Modified photograph of proposed temporary curbs at head of proposed 8 parking spaces. 54 Allan Block Wall System proposed for future planter along sidewalk. 55 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: (506 ) 658 -2862 [Fax- (506 ) 674 -4214 Special Instructions (if any): Reference: 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ Cite Information Ad "SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, March 16, 2010 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact; Telephone: (506) 658 -2862 56 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 47 -51 AND 63 -69 ROSS STREET AND 72 -74 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, as illustrated below. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "x) parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St, James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800." [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 29, 2010 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit a parking area. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 28, 2010. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658 -2862 57 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 47 -51 ET 63-69, RUE ROSS ET 72 -74, RUE ST. JAMES Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a Pintention d'61udier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan des parcelles de terrain d'une superficie d'environ 1880 metres carr6s, situ6es an 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et partant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone residentielle de densite moyenne A zone d'amenagement commercial approuve, comme le montre la carte ci- dessous. 2. 1'ajout des parcelles de terrain suivantes a la liste des am6nagements commerciaux approuv6s a 1'alin6a 2.4.6.28 : (< x) des parcelles de terrain dune superficie d'environ 1880 metres carr6s, situ6es au 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800. » [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 29 mars 2009 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre une aire de stationnement. Veuillez faire part an conseil par 6crit de vos objections au projet de modification au plus tard le 28 avril 2010 a 1'attention du soussigne. Pour toute demande de renseignements, veuiliez communiquer avec le bureau du greffier communal ou le bureau de Purbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours f6ri6s. Elizabeth Gormley, Greffi6re communale 658 -2862 PUBLIC NOTICE AVIS PUBLIC Public Notice is hereby given that the Common Council of The Cite of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Conanercial Development, parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, as illustrated below. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "x) parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001 800." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, March 29, 2010 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit a parking area. Par les pr6sentes, un avis public est donn6 par lcquel le conseil communal de The City of Saint John a l'intention d'6tudier ]a modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a I'annexe 2 -A et 2 -C du plan des parcelles de terrain d'une superficie d'environ 1880 metres carr6s, situ6es au 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800; de zone risidentielle de densW moJyenne a zone d'amenagement commercial approuve, comme le montre la carte ci- dessous. 2. I'ajout des parcelles de terrain suivantes a ]a liste des am6nagements commerciaux approuves a l'alin6a 2.4.6.28 : u x) des parcelles de terrain d'une superficie d'environ 1880 metres carr6s, situ6es au 47- 51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800.)) Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by April 28, 2010. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Nall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658 -2862 58 Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 29 mars 2010 daps la salle du conseil, au niveau du hall d'entr6e, a I'h6tel de ville. RAISON DE LA MODIFICATION: Permettre une afire de stationnement. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 28 avril 2010 A 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de Purbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri&s. Elizabeth Gormley, Greffiere communaie 658 -2862 y r6ette A slt 59 Saint John Parking Commission p�. Commission sur 1 h le stationnement de Saint John M &C 2010 -184 May 20, 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: 11th Floor, City Hall, 11ibme Etage, Hbtel de Ville P.O. Box 1971 1 C.P. 1971 Saint John, N.B.IN. -B. E21L 4L1 Tel / Td1: (506) 656 -2897 Fax/ T616copieur: (506) 649 -7938 E-mail/ Courriel: parking @saintjohn.ca SUBJECT: SALTY JAM FESTIVAL 2010 — REQUEST TO USE WATER STREET (COAST GUARD) PARKING LOT BACKGROUND The Saint John Parking Commission received a request from the organizers of the 2010 Salty Jam Festival to use the Water Street Parking Lot as the festival site from Wednesday evening, July 7, 2010 until Sunday, July 11, 2010. ANALYSIS The festival organizers are seeking permission to begin festival set up on Wednesday evening to erect the tent which will occupy approximately one -half of the parking lot (as shown on the attached diagram). The event begins on Thursday, July 8, 2010 and continues through until Saturday, July 10, 2010, with cleanup scheduled for Sunday, July 11, 2010. Daily and monthly parking would be affected only on Thursday, July 8`h, and Friday, July 9t", as only half of the lot would be available for parking. Due to a limited budget, the festival organizers have requested to use the parking lot at no charge; but they have offered to recognize the Saint John Parking Commission as an in -kind sponsor of the event and include our logo on their promotional materials and website. The Saint John Parking Commission approved this request as the festival organizers have agreed to the terms and conditions of the Parking Lot Usage Policy and they have also agreed to repair any holes in the asphalt surface from the tents; however, this request also requires approval by the City of Saint John as the property is City - owned. www.saVjohn.ca M &C 2010 -184 May 20, 2010 Page 2 RECOMMENDATION It is recommended that Common Council approve the request of the Salty Jam Festival to allow the use of the Water Street Parking Lot from Wednesday, July 8, 2010 after 5:00 p.m. until Sunday, July 11, 2010, for the purpose as indicated above; and further, that the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, Christopher Titus Chairman Saint John Parking Commission J. Patrick Woods, C.G.A. City Manager X February 12, 2010 Christopher Titus Chairman Saint John Parking Commission Dear Mr. Titus: FESTIVAL OF MUSIC 1 As the Chair of Saltyjam, Saint John's Festival of Music, I have put in a request with Richard Smith to use the Coast Guard parking lot, once again, as this year's location for the main tent. Bringing the Festival back to the uptown area greatly benefited Saltyjam 2009, as well as the uptown area as a whole. Saltyjam is requesting use of the parking lot from the evening of Wednesday, July 7`h (for tent set up) through to Sunday, July 11th (for tearing down). Saltyjam will require full use of the parking lot for additional equipment such as a reefer truck and an RV (or small tent) for artist green rooms. (There will be performances in the tent on Thursday, Friday and Saturday evenings, July 8 -10, 2010.) I understand that this will affect those who park in the lot on both Thursday and Friday; however, the City, as well as Uptown business, will benefit From having an increased amount of people in the immediate area over the four day period. Saltyjam is a non - profit organization and we would be ever so grateful if the Parking Commission would consider allowing us use of the parking lot at no cost, again this year. In turn, we would advertise the Saint John Parking Commission as an in -kind sponsor for the event and we would include your logo on various print materials advertising the festival, as well as on our website. Myself and the Saltyjam Planning Committee cannot thank you enough for taking the time to consider our request. Should you have any questions or concerns, please do not hesitate to contact me. Sincerely, Renea Sleep Festival Chair Saltyjam Festival, Inc. Irs Saltyjam Festival, Inc. ( PO Box 7205 1 Saint John, NB I E2L 4S6 ( (506) 639.7754 1 62 III _ • ` �_ ►I_� lUl Date: February 19, 2010 TO: Members of the Saint John Parking Commission FROM: Richard Smith, General Manager — Saint John Parking Commission RE: Use of Barbers General Store (Coast Guard) Parking Lot by Salty Jam July 8, 2010 until July 10, 2010 On February 12, 2010, the SJPC received a letter addressed to Chairman Christopher Titus from Renea Sleep, the Festival Chairperson for Salty Jam 2010 requesting the use of our parking lot for their festival event from Wednesday Evening July 7, 2010 until Sunday July 10, 2010. The festival group has requested the following: • Be permitted to go on site after 6pm on July 7, 2010 and erect the tent that evening on approximately one half the parking area (Refer to attached diagram). On Thursday July 9, 2010 and Friday July 10, 2010, the festival will continue using approximately one half of the parking area during those days and the festival will take control of the entire parking lot area after 5pm on Friday July 10, 2010. • Events will take place the evening of July 8th and 9th, 2010 and during day and evening of July 10, 2010. • The day of July 11, 2010 will be used to clean up the parking area. It is my recommendation that we approve the use of the Barbour's General Store parking Lot (Coast Guard) during the periods outlined above at no cost to the festival provided the following conditions are met: ❖ Meet the conditions outlined in the Terms and Conditions of parking lot usage dated August 16, 2008; ❖ Any holes that are made in the asphalt when the tents are erected must be filled to the satisfaction of the SJPC after the event is completed. Yours truly, Richard Smith General Manager 63 THIS AGREEMENT MADE this 7 day of May 2010. BY AND BETWEEN: THE SAINT JOHN PARKING COMMISSION, a body corporate under S.N.B. 1956, Chapter 128, having its Head Office at the City of Saint John, in the Province of New Brunswick (hereinafter called the "Commission" OF THE ONE PART -and - Salty Jam Festival Inc, a company duly incorporated under the laws of the Province of New Brunswick and Salty Jam Festival Inc., doing business under the name and style Salty Jam Festival Inc., hereinafter the "Licensees" OF THE OTHER PART WHEREAS the Commission is the owner of certain lands in the said City known by PID number(s) 55011894; and WHEREAS the Licensees wish to use those portions of PID number(s) 55011894 as shown on Schedule "A" hereto attached; and WHEREAS the Commission by resolution adopted March 10, 2010 resolved to permit the Licensee to use those lands shown on Schedule "A" for a live entertainment event on July 8 -10, 2010 upon the terms and conditions as specified in a letter dated March 10, 2010 from the Chairman, Saint John Parking Commission and attached hereto as Schedule "B ". NOW THIS AGREEMENT WITNESSETH that in consideration of the sum of $500 now paid by the Licensee to the Commission, the receipt whereof is hereby acknowledged, the Commission gives permission to the Licensee to use those portions of PID number(s) 55011894 64 as shown on Schedule "A" for a live entertainment event on Jul 8 -10 2010 upon the terms and conditions as specified in Schedule "B" hereto attached. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed to be executed the day and year hereinbefore first written. SIGNED, SEALED & DELIVERED ) SAINT JOHN PARKING COMMISSION In the presence of: ) Per: Christopher Titus Chairman And: Shelley Courser, Secretary- Treasurer Common Council Resolution: COMPANY NAME Per 14'qu S l e 1 ..� ii vrLi CMG r And: 65 Terms and Conditions - 2010 Parking Lot Usage K4 l7 ,2010 The Saint John Parking Commission will review each request from local businesses or community events to use our parking lots based on the following criteria: 1. Alcohol • Copy of the Liquor License provided to the Saint John Parking Commission App U Go hjh% k" bey bid ; w i I I prO id e copy • Alcohol is only to be dispensed on the site indicated on the application that is ✓ provided to the applicant. ■ Alcohol may not be consumed outside designated areas during the specific event, and under conditions of the license, municipal and provincial by -laws and legislation. ■ Particular attention must be paid to security and safety. (Refer to Security ✓ Section) Se cu.ri4 on kard 24 kowvs 1 dai 2. Security ■ The organizer is responsible for security of the area where the event is taking ✓ place. ■ The organizer must retain the services of the Saint John Police Force to ✓ provide security and provide other security personnel as required by the police department. Min off' 2 ufY n f �C,rs will be on hand tai hi o hk . A-dAi f iw,o,( SP- WO� fb bt hiWd . ■ The organizer is responsible for providing signage in the parking lot area, as ✓ required, to allow notice to the general public of the event. 3. General Conditions ■ Any approval is always subject to any lease held by the Saint John Parking commission .. ■ No parking or storage of materials will be permitted in common alley ways, ✓ walkways or fire lanes. The event area must be fenced or barricaded to clearly define event area. ✓ Jkf}�,c.h�d . ■ Each request must clearly show the f ou ibf the event, the type of event, event times and estimated number of people attending. _r4,r4 open 3 7p M AReAdanc G : ¢c"- RX1 ni q ■ Consent of Common Council is required if any part of the event is held on U City -owned property. A damage deposit of $500- $1,000 will be required, payable to the Saint John ✓ Parking Co Pr i$sio , and must be received 48 hours prior to the event. ■ $2,000,000 Liability Insurance is required and must contain the following clauses: 1. Policy must show the Saint John Parking Commission and the City of Saint John (when City -owned land is used) as insured on the policy. 2. Policy must indemnify the Saint John Parking Commission and the City of Saint John (when City -owned land is used) against any claims or loss incurred as a result using our parking lot for a special event. 3. Proof of insurance with the appropriate clauses must be provided to the Saint John Parking Commission office seven (7) days prior to the event. ■ Use of the parking lot for special events other than community events such as the Saint John Jazz & Blues Festival and Festival by the Sea, will only be permitted on Friday or Saturday evenings. ■ Set up for any special event will be reviewed by the Saint John Parking Commission and arrangements made with the organizer. ■ Music will not be permitted before 8:00 p.m. on the evening of the event and ✓ must end by 1:00a.m. ■ All people must vacate the special event area by 1:30 a.m. on the evening of the event. ■ Any expenses incurred such as towing, signage, damage to the parking lot area, including but not limited to landscaping, will be the responsibility of the ✓ event organizers. V ■ We do not guarantee vacant possession. 67 3 ■ All sound levels, including artist and music equipment, must maintain volumes no more than 98 Db at 10 meters from the sound source with peak frequencies no louder than 101 Db. In addition, the organizer must comply ✓ with our request by the Saint John Police Force to lower music levels, if required. ■ Any request for use of our parking lots must be made at least 60 days prior to event to allow for approval by the Saint John Parking Commission, the Saint John Police Force and Common Council. ■ Any request will require the approval of the above parties before any 1/ agreement is finalized. ■ Any contract or agreement must be signed by individuals who have appropriate signing authority for a company or individual. ■ The Saint John Parking Commission reserves the right to charge a rental fee for the parking lot, depending upon the type of event and revenues v generated. ■ The Saint John Parking Commission reserves the right to waive any of the conditions herein. .: -3 c n o-dL (-t ! e. ry F a4:P- Y'S- 0 11 8 q M. -7. 2. -7 rvl ' :: yr s,. Admoi .�+ r a m own— or y.! -v Ur L, I� a 70 I �S- dJ I e' fl ��� ScJh e� LX f Terms and Conditions — 2010 Parking Lot Usage The Saint John Parking Commission will review each request from local businesses or community events to use our parking lots based on the following criteria: 1. Alcohol ■ Copy of the Liquor License provided to the Saint John Parking Commission ■ Alcohol is only to be dispensed on the site indicated on the application that is provided to the applicant. ■ Alcohol may not be consumed outside designated areas during the specific event, and under conditions of the license, municipal and provincial by -laws and legislation. ■ Particular attention must be paid to security and safety. (Refer to Security Section) 2. Security ■ The organizer is responsible for security of the area where the event is taking place. ■ The organizer must retain the services of the Saint John Police Force to provide security and provide other security personnel as required by the police department. ■ The organizer is responsible for providing signage in the parking lot area, as required, to allow notice to the general public of the event. 3. General Conditions ■ Any approval is always subject to any lease held by the Saint John Parking commission 71 2 ■ No parking or storage of materials will be permitted in common alley ways, walkways or fire lanes. ■ The event area must be fenced or barricaded to clearly define event area. ■ Each request must clearly show the layout of the event, the type of event, event times and estimated number of people attending. ■ Consent of Common Council is required if any part of the event is held on City -owned property. ■ A damage deposit of $500 - $1,000 will be required, payable to the Saint John Parking Commission, and must be received 48 hours prior to the event. ■ $2,000,000 Liability Insurance is required and must contain the following clauses: 1. Policy must show the Saint John Parking Commission and the City of Saint John (when City -owned land is used) as insured on the policy. 2. Policy must indemnify the Saint John Parking Commission and the City of Saint John (when City -owned land is used) against any claims or loss incurred as a result using our parking lot for a special event. 3. Proof of insurance with the appropriate clauses must be provided to the Saint John Parking Commission office seven (7) days prior to the event. ■ Use of the parking lot for special events other than community events such as the Saint John Jazz & Blues Festival and Festival by the Sea, will only be permitted on Friday or Saturday evenings. is Set up for any special event will be reviewed by the Saint John Parking Commission and arrangements made with the organizer. ■ Music will not be permitted before 8:00 p.m. on the evening of the event and must end by 1:00a.m. ■ All people must vacate the special event area by 1:30 a.m. on the evening of the event. ■ Any expenses incurred such as towing, signage, damage to the parking lot area, including but not limited to landscaping, will be the responsibility of the event organizers. ■ We do not guarantee vacant possession. 72 W ■ All sound levels, including artist and music equipment, must maintain volumes no more than 98 Db at 10 meters from the sound source with peak frequencies no louder than 101 Db. In addition, the organizer must comply with our request by the Saint John Police Force to lower music levels, if required. ■ Any request for use of our parking lots must be made at least 60 days prior to event to allow for approval by the Saint John Parking Commission, the Saint John Police Force and Common Council. ■ Any request will require the approval of the above parties before any agreement is finalized. ■ Any contract or agreement must be signed by individuals who have appropriate signing authority for a company or individual. ■ The Saint John Parking Commission reserves the right to charge a rental fee for the parking lot, depending upon the type of event and revenues generated. ■ The Saint John Parking Commission reserves the right to waive any of the conditions herein. 73 REPORT TO COMMON COUNCIL M &C- 2010 -181 May 20, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Licence for Zip Line Tour at 100 Fallsview Park BACKGROUND: City of Saim John Common Council at its April 12, 2010 meeting adopted a resolution that permitted Saint John Adventures Inc. to use and occupy the portion of Fallsview Park, as shown on Schedule "A" for the purpose of constructing a zip line tour infrastructure, subject to a number of terms and conditions. This permission by Common Council essentially granted early access to Saint John Adventures Inc. to allow the contractor/builder to start construction of the zip line in advance of a formal agreement between the City and the proponent as there was some concern the "window of opportunity" for the contractor would otherwise be lost for this construction season. ANALYSIS: Real Estate Services and the City's Legal Department have drafted a Licence (see attached), Saint John Adventures Inc. is in agreement. This agreement provides the proponent with a five season term with an option to renew for an additional five years. The fee for the first five years was structured to give the operator some financial relief on the front end of the agreement as there are significant costs involved in setting up and establishing the business. The second, five year term will transition to a fair market rent structure. There is some issue with respect to the location of one of the towers to be used for the zip line that may interfere with a hydro line. If this tower site is required to be shifted from that as shown on Schedule `B ", an amendment to the Licence would be required, subject to Council's approval. The proponent is aware of this situation. 74 M & C — 2010 -181 - 2 - May 20, 2010 If Council is in agreement, the following recommendation will secure a term for five seasons with an option to renew. RECOMMENDATION: That The City of Saint John grant a five (5) season Licence to Saint John Adventures Inc. under the terms and conditions, as contained in the document attached to M & C #2010 -181; and that the Mayor and Common Clerk be authorized to sign the Licence. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager Attachments "C 75 This Licence made in duplicate this day of May, 2010. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" OF THE FIRST PART -and- SAINT JOHN ADVENTURES INC. having its registered office at 1845 Manawagonish Road, Saint John, New Brunswick, E2M 3Y6, a company under the laws of the Province of New Brunswick hereinafter called the "Licensee" OF THE OTHER PART WHEREAS the Licensor is the owner of the lands outlined on Schedule "A" attached hereto and forming part hereof; and WHEREAS the Licensee, with the consent of the Licensor, made an application to the Planning Advisory Committee of the City of Saint John (PAC) for the re- zoning and conditional use of the lands outlined on Schedule "A "; and WHEREAS PAC, meeting on July 14, 2009 adopted the following resolution: 1. That Common Council rezone two parcels of land with an area of approximately 2,062 square metres and approximately 7,288 square metres, located at 100 Fallsview Avenue, also identified as PID Numbers 55053441 and 00378505, from "R -2" One and Two Family Residential to "P" Park. 2. That the Planning Advisory Committee impose the following terms and conditions upon the establishment and operation of a "zip line tour" as a commercial 76 Saint John Adventures Inc. Licence Agreement -2- recreation facility at 100 Fallsview Avenue (PID Numbers 55053441, 00378505, 00378166, and 00428664): a. That the site not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas and landscaped areas, in addition to the location and height of all zip -line towers. The approved site plan must be attached to the building permit application for the development; b. That details of the platforms, riggings and towers, along with certified Engineer's drawings of these structures, be submitted to Building and Technical Services prior to the issuance of a building permit; and c. That the operation of the zip -line be restricted to daylight hours; and WHEREAS Common Council of the City of Saint John meeting on August 4, 2009 enacted a by -law entitled "By -Law Number C.P. 110 -113, A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land located at 100 Fallsview Avenue, having an area of approximately 9,470 square metres, also identified at a portion of PID numbers 00378505 and 55053441 from "R -2" One and Two Family Residential to "P" Park; and WHEREAS the Licensee, with the consent of the Licensor made application to PAC for variances from the Zoning By -Law of the City of Saint John; and WHEREAS PAC, meeting on March 3, 2010 granted the following variances from the said Zoning By -Law: a. To increase the maximum height of structures on the property from 9 metres (29.5 feet) to 15.2 metres (50 feet); b. To decrease the front yard setback from 9 metres (29.5 feet) to 7.5 metres (24.6 feet) to allow for the establishment of a reception /office; c. To decrease the front yard setback from 9 metres (29.5 feet) to 7.2 metres (23.6 feet) to allow for the establishment of Tower # 2; and d. To decrease the front yard setback from 9 metres (29.5 feet) to 4.6 metres (15 feet) to allow for the establishment of Tower # 5; and 77 Saint John Adventures Inc. Licence Agreement -3- WHEREAS the Licensor has agreed to grant the within Licence upon terms and conditions hereinafter set out; NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the sum of One Dollar ($1.00) lawful money of Canada and other good and valuable consideration, the receipt whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, non - exclusive permission and license to the licensee, its servants, agents, employees, contractors and invitees to enter into and upon and exit from the lands shown outlined on Schedule "A" for the purposes of a) constructing, erecting, operating, maintaining and repairing/replacing a zip -line tour facility as well as undertaking any activities approved by the Licensor necessarily incidental there to and b) operating a food stand and retail facility to sell promotional items relating to the zip -line tour facility from the prescribed location on Fallsview Avenue (243 square metres /trailer -deck site on Schedule "B ") from and including May 1, 2010 to and including at 11:59 p.m. local time October 31, 2014. (the "term ") THE LICENSEE HEREBY COVENANTS AND AGREES WITH THE LICENSOR AS FOLLOWS: 1. a. That the Licensee shall construct the zip -line tour facility in accordance with the plans approved by the Development Officer of the City of Saint John on April 16, 2010 and the building permit issued by the Licensor on April 19, 2010 all as substantively illustrated on Drawing Number S09401B dated May 20, 2010 prepared by Hughes Surveys and Consultants Inc., a copy of said Drawing attached hereto as Schedule "B ". b. The Licensee shall not modify or expand the zip -line tour facility without the prior written consent of the Licensor (resolution of Common Council). 2. a. That the Licensee shall pay to the Licensor during the term fees (exclusive of HST) as follows: from and including May 1, 2010 to and including April 30, 2011 the sum of $2,000.00; payments of $500.00 each on June 1, 2010, July 1, 2010, August 1, 2010 and September 1, 2010; ii. from and including May 1, 2011 to and including April 30, 2012 the sum of $2,500.00; payments of $625.00 each on June 1, 2011, July 1, 2011, August 1, 2011 and September 1, 2011; 78 Saint John Adventures Inc. Licence Agreement -4- iii. from May 1, 2012 to and including April 30, 2013 the sum of $3,500.00; payments of $875.00 each on June 1, 2012, July 1, 2012, August 1, 2012 and September 1, 2012; iv. from May 1, 2013 to and including April 30, 2014 the sum of $4,500.00; payments of $1,125.00 each on June 1, 2013, July 1, 2013, August 1, 2013 and September 1, 2013; and V. from May 1, 2014 to and including October 31, 2014 the sum of $5,000.00; payments of $1,250.00 each on June 1, 2014, July 1, 2014, August 1, 2014 and September 1, 2014. b. The fees are subject to the payment by the licensee of Harmonized Sales Tax (HST) or any tax substituted in lieu thereof and such amounts are in addition to all licence fees. 3. That the Licensee shall not have any claim against the Licensor for loss or damage of any nature, kind or description whatsoever arising from the exercise or purported exercise of the Licence herein granted, unless such loss or damage is due to the negligence or willful misconduct of the Licensor or its employees, servants or agents. 4. a. That the Licensee shall, at its sole cost, obtain and keep in force during the term of the Licence, comprehensive general liability insurance for bodily injury and property damage, on "an occurrence" basis which coverage shall have an inclusive limit of not less than Two Million ($2,000,000.00) Dollars and shall include the following; L the Licensor, added as an "Additional Insured" ii, a cross liability clause; and iii. contractual liability with regard to this Licence b. That the Licensee shall provide a Certificate of insurance to the Licensor at the time of the execution of this Licence evidencing the insurance coverage described in (a) herein; and annually thereafter on May 1 of each and every year during the term. c. That the Licensee shall not alter or cancel or permit the insurance coverage to be altered or cancelled until the Licensee has given to the Licensor thirty (30) days notice in writing prior to any such intended alteration or cancellation. 79 Saint John Adventures Inc. Licence Agreement -5- d. That in the event the Licensor receives notice from the insurer that the insurer intends to cancel or alter the said insurance coverage, or in the event the Licensee fails to provide proof of insurance, the Licensor in its sole and absolute discretion may forthwith terminate this Licence upon giving the Licensee ten (10) days written notice of its intention to terminate this Licence unless the required insurance coverage is maintained. 5. That notwithstanding Clause 3 hereof, the Licensee does hereby indemnify and save harmless the Licensor from all damages, claims, demands, actions, suits or other proceedings by whomsoever made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with this Licence or anything done or purported to be done in any manner hereunder, unless such damages, claims, demands, actions, suits or other proceedings arise from the negligence or willful misconduct of the Licensor by its employee's, servants or agents. 6. The Licensee shall within ninety (90) days of the termination of this Licence, at its own expense, remove from the lands any and all property constructed, erected, made, brought or placed upon said lands by the Licensee and shall restore the lands to as good condition as prevailed immediately prior to the commencement of the term hereof and, in the event of the failure of the Licensee to do so, the Licensor shall become the sole owner of any property constructed, erected, made, brought or placed upon said lands by the Licensee and the Licensee shall not by reason of any action taken or things required under this paragraph be entitled to any recourse whatsoever. 7. The Licensee shall pay promptly all charges, taxes, rates and assessments of whatsoever description which during the term of this Licence shall be chargeable upon or become payable in respect to the operation of the Licensee or its occupation of the lands. 8. The Licensee shall at all times and at its own expense, keep the lands free from all garbage and debris related to the operation of the zip -line tour facility and food stand facility. 9. The Licensee shall at all times during the term hereof maintain the lands in a condition compatible with the natural state of Fallsview Park. 10. The Licensee shall in the interest of safety, maintain all buildings or storage containers on the lands at all times secure from unauthorized use and occupation. 11. The Licensee shall at all times not obstruct or permit the obstruction of walkways in any manner. :I Saint John Adventures Inc. Licence Agreement -6- 12. In the event any landscaping on adjacent Licensor -owned property is disturbed during the construction or erection of the zip -line tour facility, the Licensee shall at its own cost immediately restore the said landscaping to the condition in which it existed prior to such disturbance. 13. The Licensee shall conduct its business at all times in compliance with and in conformity to the requirements of every applicable federal and provincial statute, rule, regulation and ordinance, and every municipal by -law, rule, regulation, order and ordinance that at any time or from time to time may be in force or effect during the term; in particular but not limited to conditions imposed by PAC. 14, The Licensee shall not assign or sub - licence this License or any part thereof, without the prior written consent of the Licensor, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the Licensee may assign this Licence to a financial institution by way of security for credit facilities to be provided to the Licensee. The Licensor agrees to enter into a non - disturbance agreement with any such financial institution, in a form to be mutually agreed upon, providing for the recognition of the continued existence of this Licence in the event of a default by the Licensee and the right of the financial institution to cure any such default and to continue the operation contemplated by this Licence or to assign such right to a third party, provided such third party is approved by the Licensor, such approval not to be unreasonably withheld or delayed. THE LICENSOR FOR ITS PART COVENANTS AND AGREES WITH THE LICENSEE AS FOLLOWS: 15. The Licensor hereby grants to the Licensee, its servants, agents, employees and contractors exclusive permission and license to erect, use and maintain a zip line facility (consisting of poles, platforms, guys, anchors and lines) in and over the lands of the Licensor. 16. The Licensor hereby grants to the Licensee, its servants, agents, employees and contractors permission and licence to enter in to and upon the lands identified on the submitted plan for the purpose of gaining access to and egress from the lands and further it grants permission and licence to the Licensee, its servants, agents, employees, contractors and invitees in common with all other persons lawfully using the Fallsview Park Area to use the Parking Lot and access road in connection with the exercise of this Licence. 17. The Licensor may permit other uses within Fallsview Park save and except uses which offer zip -line tours, provided that such other uses do not interfere in a material way with the operation of Licensee permitted hereunder. Saint John Adventures Inc. Licence Agreement -7- 18. If the Licence fee hereby reserved or any part hereof or any other sums or charges payable hereunder or any part thereof shall be in arrears for thirty (30) days whether or not the same shall have been in any manner demanded or in the event of a breach or non- performance by the Licensee of any of the other terms or conditions in the Licence contained which on the part of the Licensee ought to be observed or performed, which breach or non- performance remains un- remedied following a period of thirty (30) days written notice of such breach or non - performance having been received by the Licensee from the Licensor, then and in every such case it shall be lawful for the Licensor by notice in writing to terminate this Licence and no acceptance of any Licence fees subsequent to any breach or non - performance or any condoning, excusing or overlooking by the Licensor on previous occasions of breaches or non- performance similar to that for which this Licence shall be terminated shall be taken as a waiver of these conditions or any way defeat or affect the rights of the Licensor hereunder. 19. The Licensor has the absolute right to construct and /or re- construct public street(s) including curb, sidewalks and landscaping in the area commonly called " Fallsview Park" lying between the West sideline of Fallsview Drive /Avenue and the Saint John River and to alter the area licensed without payment or compensation to the Licensee or reduction of any annual licence fee or portion thereof, provided that such construction and /or re- construction or alteration do not have any material effect on the operation of the Licensee permitted hereunder, save and except in the event of any emergency. 20. Provided that the Licensee is not in default the Licensee shall have an option to extend this Licence from and including November 1, 2014 to and including October 31, 2019 upon the same terms and conditions as herein contained save and except clause 2; fees for each year of the extension hereby contemplated shall be as mutually agreed provided such annual fee shall not be greater than ten (10) per cent of the Licensee's gross revenue in the year May 1, 2013 to April 30, 2014; the Licensee shall provide to the Licensor on or before August 1, 2014 audited statements of the Licensee's gross sales for the year May 1, 2013 to April 30, 2014. 21. Provided that the Licensee is not in default during the term of this Licence or any extension hereof the Licensee, subject to agreement as to terms and conditions, shall have a right of first refusal to construct, maintain, and operate a zip -line tour facility upon City owned lands not currently leased lying on the west side of the Saint John River within the limits of lands commonly calls "Reversing Falls Park ". 82 Saint John Adventures Inc. Licence Agreement -8- THE LICENSEE AND THE LICENSOR HEREBY COVENANT AND AGREE EACH WITH THE OTHER: 22. Should the permissions and licenses of the Licensee under this Licence be seized or taken in execution or attachment by any creditor of the Licensee, or the Licensee makes an assignment for the benefit of creditors, becomes bankrupt or insolvent, or takes the benefit of any statute that may be in force for bankrupt or insolvent debtors this Licence terminates. 23. All notices shall be in writing and shall be deemed validly given if personally served, sent by courier, registered mail or facsimile as follows or to any other address that may be provided in writing from time to time by one party to the other. The Licensor: The City of Saint John 15 Market Square PO Box 1971 Saint John, NB E2L 41-1 Attn: the Common Clerk The Licensee: Saint John Adventures Inc. 1845 Manawoganish Road Saint John, NB E2M 3Y6 Attn. President 24. The Licensor and the Licensee acknowledge and agree that the relationship between them is solely that of independent contractor, and nothing herein shall be construed to constitute the parties as employer /employee, partners, joint ventures, co- owners, or otherwise as participants in a joint or common undertaking. Neither party, nor its employees, agents or representatives shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other. 25. This Licence shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 26. Any provision of this Licence which is prohibited or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Licence without affecting the remaining provisions of this Licence. 83 Saint John Adventures Inc. Licence Agreement -9- IN WITNESS WHEREOF the parties hereby have set their corporate seals duly attested by the signature of their properly authorized officers respectively the day and years above written. SIGNED, SEALED & DELIVERED ) In the presence of: ) THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2010. SAINT JOHN ADVENTURES INC. Per: 84 .R Ai - 1 f ' 'l e. !1 Q,! 7 V V REPORT TO COMMON COUNCIL M &C- 2010 -179 May 20, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Brentwood Crescent Storm Sewer Easement Acquisition 432 Woodward Avenue - Amendment BACKGROUND: City of Saim John Common Council, at its April 12, 2010 meeting adopted a resolution contained in M & C #2010 -108 to accept an offer from the owner of 432 Woodward Avenue for the City to acquire an easement that is required for the construction of the Brentwood Crescent Storm Sewer project. The closing was scheduled for April 30, 2010. The closing did not take place as documentation required was not completed and the lawyer representing the vendor has requested an extension to the closing date to June 30, 2010. As both parties are still in agreement in respect of the proposed acquisition by the City, the following recommendation is appropriate. RECOMMENDATION: 1. That The City of Saint John acquire from Dawn Christine Evans, the easement interest in, and through the portion of PID No. 55005862 for the sum of $903.00 (plus HST if applicable) upon the terms and conditions (save and except as to closing) contained in the Agreement of Purchase and Sale attached to M & C #2010 -108; and 2. That the Mayor and Common Clerk sign any document(s) necessary to finalize this transaction. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachment CL /c 87 J. Patrick Woods, CGA City Manager Boars Head Rd. ch. Boars Head Rd. Description of Plan: Easement Acquisition for Brentwood Crescent Storm Sewer Project. N PID: 55005862 Address: 432 Woodward Avenue Pan: N/A Date: March 31, 2010 F.F. REPORT TO COMMON COUNCIL M &C- 2010 -175 May 19, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 233 Westmorland Road 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 application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Beltone Better 233 Westmorland "R -2" `B -1" To permit a Hearing Aid Road business office Centre RECOMMENDATION: City of Saint John That Common Council schedule the public hearing for the rezoning application of Beltone Better Hearing Aid Centre (233 Westmorland Road) for Monday, June 21, 2010 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 9 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2010 -183 `o May 20", 2010 ' His Worship Mayor Ivan Court And Members of Common Council Thp city of saint lain Your Worship and Members of Council, SUBJECT: SCHEDULING OF AN UPDATE ACTION PLAN FOR SAFE, CLEAN DRINKING WATER BACKGROUND A report is being prepared to present a 2010 update on the Action Plan for Safe, Clean Drinking Water. It will build on earlier reports and make recommendations on a direction to assure high quality potable water to consumers, purposeful governance and cost -effective utility services into the future. Funding alternatives will also be reviewed. Achieving the assurance of safe, clean drinking water will be a very demanding service, engineering and financial challenge for the municipality, its utility Saint John Water and the ratepayers of the utility. RECOMMENDATION It is recommended that Common Council set aside at least an hour at its meeting of June 75h, or alternatively June 2155, to consider an update on the Action Plan for Safe, Clean Drinking Water and recommendations related thereto. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations and Engineering J. Patrick Woods, CGA City Manager k Oil j SAFE, CLEAN DRINKING WATER a REPORT TO COMMON COUNCIL M &C2010 -172 n_ May 3, 2010 His Worship Mayor Ivan Court The City of Saint Fain And Members of Common Council Your Worship and Members of Council, SUBJECT: Municipal Operations Survey Equipment BACKGROUND M &C 2007 -180 recommended the acceptance of a proposal that was submitted by Leica GeoSystems for the purchase of a GPS Survey Package at a cost of $28,000 plus tax. Common Council adopted this recommendation and the Package was purchased. The equipment has been extensively utilized providing great benefit to the City by increasing efficiency and quality of infrastructure mapping activities. ANALYSIS Common Council 2010 to 2012 Priorities include Roads /Sidewalks /Active Transportation and Flooding. Given manpower resource challenges and the increased demand for surveys as a result of these Priorities, it becomes important to utilize advances in technology to increase surveying capacity with existing personnel resources. While the engagement of external resources is an option, this can be costly over the long term for this type of work. The most cost effective option to expand surveying capability for this type of work is new technology. As the City of Saint John currently successfully utilizes a Leica Geosystems surveying package, this positive and beneficial experience supports staff's recommendation to purchase the Leica Geosystems Viva GS 15 surveying package. This system will receive the same support and contacts as the existing system, there is minimal training required, there is compatibility of data between the current system and the Viva GS 15 system, the office software is the same and the GLONASS capability takes advantage of upgraded Saint John reference station capabilities. While other name brand suppliers of this technology have indicated that they can interface their systems with the Leica databases, it has been staff's experience that these interfaces are never seamless and can end up being inefficient and costly to maintain. It is SAINTJOHN ... LIFE ON YOUR TERMS m Municipal Operations Survey Equipment — May 3, 2010 Report to Common Council, M & C 2010 - 172 Page 2 for this reason that staff does not recommend purchasing a system other than Leica at this time. FINANCIAL IMPLICATIONS According to the proposal submitted by Leica Geosystems, the total cost of the recommended Leica Viva GS15 Survey Package is $30,225 plus tax. This is a very competitive offer with a buy -back, or investment recovery time, of 12 to 18 months. Savings in additional manpower requirements and built in efficiencies will more than cover the cost to purchase this equipment within the period identified. In addition to this cost, there is an annual reference station access fee of $2,440. The purchase of a different system would require the establishment of a City built and managed reference station, the cost of which could be in excess of $30,000. By comparison, the $30,000 amount will pay for reference station data management for over 12 years. If the base station technology changes in this time period, the City will not be required to pay for these changes utilizing a purchased service. Funds to cover the cost of the purchase of the Leica Viva GS15 Survey technology are available in the 2010 Roadway Maintenance Service and Stormwater Management Service operating budgets. INPUT FROM OTHER SOURCES This proposal and the recommendations of this report have been reviewed with the City's Purchasing Agent. RECOMMENDATION It is recommended that Common Council accept the proposal submitted by Leica GeoSystems for the purchase of its model Viva GS15 Survey Package at a cost of $30,225 plus tax. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering J. Patrick Woods, CGA City Manager SAINTJOHN ... A LIVEABLE WINTER CITY 92 REPORT TO COMMON COUNCIL M & C 2010 -170 May 18, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: City of Saint John SUBJECT: Municipal Services Easements through Portions of Former Tudor Lane and Woodhaven Drive BACKGROUND: Common Council, at its May 10, 2010 meeting adopted the recommendation contained in a report (M & C #2010 -156) that would convey portions of stopped -up and closed Tudor Lane and Woodhaven Drive to GLC Realty Limited and NJP Developments Ltd. Contained in the resolution adopted by Council was the reference that the City would retain easements for municipal services through the lands to be conveyed to the two above owners. However, the Council resolution did not specifically give assent to the plan with respect to the municipal services easements. The recommendation contained below will track the proper language required for Council to give assent to the easements required. RECOMMENDATION: That Common Council assent to the attached (photo reduced) Subdivision Plan prepared by Hughes Surveys & Consultants Inc., titled "City of Saint John Subdivision, Millidgeville, City of Saint John, Saint John County, New Brunswick ", with respect to the proposed municipal services easements. Respectfully submitted, ��_�� Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments 93 J trick Woods, C.G.A. City Manager w w `•. M A w • ®ti' _+ ' to =_ '•. to 13 To Ta Fr as d °t Ti �• a " 71 13 14 is IT V � >, •,• Yom. �'r,, u a ; a w, •. S, a is 37 w �t. aaaaiiat .• � w � �� w .` � t� '•I,, nj n taal•'i to to ai, ••tna w It a ,, .� of w u w im .10 tta A5 m ,,, • to , Description of Plan: Sale of former portions of Tudor Lane and Woodhaven Drive to NIP Developments Inc. and GLC Realty Limited. 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Y3 -35] -R G /06- TSB.SE(3) M 0 REPORT TO COMMON COUNCIL May 21, 2010 Common Council of The City of Saint John Your Worship and Councillors: Re: Loyalist Plaza Market — License to the Saint John Development Corporation ne cry of SAM John The Loyalist Plaza Market has operated in the circular shaped brick and cobblestone paved area located between North Market Wharf and the former site of Barbour's General Store for a number of cruise ship seasons. It has provided local crafts persons with an opportunity to market their products to cruise ship passengers and others. The organization and operation of this market has been managed by Enterprise Saint John in the past. However, Enterprise Saint John has indicated that it wished to redeploy the resources which would otherwise have been committed to the Loyalist Plaza Market Operation. The Loyalist Plaza site is City owned and the terms of its use for Market purposes have in the past been on a rather informal basis. As a result of Enterprise Saint John's advice, discussions between City Officials and representatives of Enterprise Saint John, the Hardman Group and the Saint John Development Corporation took place and have identified an arrangement supported by each that would have the City License the area to Saint John Development Corporation during the days that cruise ships are in port this season, with the Hardman Group providing Saint John Development Corporation with the day to day administration and monitoring of the Market Operation. The arrangement would continue with the application process adopted by Enterprise Saint John as well as the regulations governing the vendor's participating in the Market. Significantly, the arrangement would introduce a requirement of Commercial General Liability insurance coverage for each participating vendor. This has been facilitated through the efforts of the City's insurance coordinator, Mr. Emery LeBlanc, with the cooperation of Saint John Development Corporation. The cost to a vendor to participate in the Market for the full duration of the Cruise Season will be $250.00 (comprise of $150.00 insurance fee and a $100.00 participating fee) This will offset all expenses anticipated to be incurred in the operation and management of the Market. ., Page 2 A Licence Agreement has been prepared by the Legal Departement and circulated and accepted by the Saint John Development Corporation. It is attached. RECOMMENDATION That the Mayor and Common Clerk are hereby authorized to execute the Licence Agreement with Saint John Development Corporation respecting the Loyalist Plaza Market as submitted to Common Council by the City Manager in correspondence dated May 21, 2010. Respectfully submitted, J. `Patrick Woods, CGA City Manager 97 THIS LICENCE made in duplicate as of the , day of May, 2010. BY AND BETWEEN: THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "Licensor" - and — SAINT JOHN DEVELOPMENT CORPORATION, a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John in the County of Saint John and Province of New Brunswick, hereinafter called the "Licensee" RECITALS: WHEREAS the Licensor is the owner of the lands bearing PID numbers 18614, 55027809 and 55006886 and of the lands known as Market Square in the City of Saint John; AND WHEREAS situate upon the said lands is a an area commonly known as Loyalist Plaza outlined in red on Schedule "A" attached hereto (hereinafter the "Lands "); AND WHEREAS the Licensor has agreed to give the within License under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENSE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensee to the Licensor, the receipt and sufficiency whereof is hereby acknowledged, the Licensor does hereby grant, subject to the terms, conditions, covenants and provisions herein contained, permission and license to the Licensee to operate on the Lands a Market, during the times and according to the terms and conditions stipulated herein. IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall be for each calendar day on which a cruise ship is docked in the Saint John Harbour between June 8, 2010 and October 31, 2010 at midnight. .; License Agreement The City of Saint John and Saint John Development Corporation Page 2 of 4 2. Notwithstanding anything else herein contained, this License may be terminated forthwith without notice to the Licensee in the event that the Licensee shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this License 3. No transfer or assignment of this License or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensee. 4. The Licensee hereby covenants and agrees with the Licensor as follows: a) that it shall use the Lands or cause them to be used as a Market for local craftspeople and artists to sell their products on days that cruise ships are in dock; b) that it shall ensure that all wares, products and merchandise sold on the Lands are locally handcrafted; c) that it shall ensure that the Market on the Lands is managed in accordance with the terms and conditions set out in the "Loyalist Plaza Market Vendor Information and Application Form" attached hereto as Schedule "B"; d) that it shall obtain and keep in full force and effect, at its own cost, throughout the Term, and during such other time as Licensee uses the Lands, commercial general liability insurance. The coverage thereunder shall include the activities conducted by Licensee and any other person permitted by the Licensee to participate as a vendor in the Market on the Lands, or for whom the Licensee is in law responsible and any person performing work on behalf of Licensee in any part of the Lands. Such policy shall have inclusive limits of at least Two Million Dollars ($2,000,000.00) for each occurrence involving personal injury, bodily injury, death or property damage. The policy shall contain: (i) a provision stating that such policy shall be primary and shall not call into contribution any other insurance available to Licensor or Licensee; and (ii) an undertaking by the insurers that no material change, cancellation or termination of any policy will be made unless Licensor has received not less than thirty (30) days prior notice thereof. In the event that the insurers provide the notice to the Licensor under (ii), the Licensor may pay the premiums necessary to maintain the policy and recover the costs of those premiums from the Licensee. The Licensor shall be added as an additional insured on the commercial general liability insurance policy described herein. 9 License Agreement The City of Saint John and Saint John Development Corporation Page 3 of 4 e) that it shall, on or before June 8, 2010, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph d) hereof, 5. The Licensor hereby covenants and agrees with the Licensee that the Licensee may permit vendors to participate in the Market on the Lands in accordance with the terms and conditions set out in the "Loyalist Plaza Market Vendor Information and Application Form" attached hereto as Schedule `B ". IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 5. No change or modification of this License shall be valid unless it is in writing and signed by the Licensor and the Licensee. 6. This License supersedes and takes the place of all prior agreements entered into by the parties with respect to the Lands. 7. This License shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it. 8. Notwithstanding any clauses herein, the Licensee does hereby indemnify and save harmless the Licensor from all damages, cost, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the use of the Lands pursuant to the within License or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence 100 License Agreement The City of Saint John and Saint John Development Corporation Page 4 of 4 THIS LICENSE shall enure to the benefit of and be binding upon successors and assigns of the parties hereto respectively. SIGNED, SEALED & DELIVERED ) In the presence of: ) THE CITY OF SAINT JOHN per: Mayor Common Clerk Common Council Resolution: SAINT JOHN DEVELOPMENT CORPORATION per President 101 I et SCHEDULE (PAGE --J_o j�.4 :ro c CD M ED m tM � L z 1. Via. "T a TOO 102 APOFN dam. At - r SCHEDULE � 103 SCHEDULE Saint John (PAGE _..pf..(a_) n Waterfront - Development Loyalist Plaza Market Vendor Information and Application Form About the Market Thank you for your interest in the Loyalist Plaza Market. The market was established in 2004 by Enterprise Saint John to offer a place for craftspeople and artists to sell their products to locals and tourists on days that cruise ships are in port. The market was designed as a place where people can gain experience selling their products in an affordable and supportive environment. Loyalist Plaza Market has grown over the years, and in 2010 will find a permanent home with the Saint John Waterfront Development Partnership, the new owners of the market. The market will be managed on a day -to -day basis by the Hardman Group, out of their offices in Market Square. All products sold at the market must be locally- handcrafted Items. The market is weather dependent and a schedule of all cruise ship visits can be downloaded at www.cruisesaintiohn.com. Changes to Loyalist Market in 2010 Changes to the market in 2010 include new ownership and management. This new structure will ensure the long -term viability of the market and also institutionalize new procedures. These procedures include affordable liability insurance to help protect vendors while operating out of the market. They also include access to full -time staff who will manage the day -to -day operations of the market and any concerns that might arise. Costs to Participate Saint John Waterfront Development will purchase an insurance policy to cover all daily and seasonal vendors. The policy will provide vendors with $2 million in liability insurance to help protect them while operating out of the market. In 2010, insurance coverage will be a requirement of registration forthe market. The cost to purchase the insurance will be $150 /season per vendor (for both seasonal and daily vendors). In addition, the rates to participate in the markets on days that cruise ships are in port will be $100 /season, or $10 /day. The total cost to participate in the Loyalist Plaza Market for the full Cruise Ship Season will be $250. There are 29 ships alone between the 8t' of June and it of September making the cost to participate in the market for the summer season less than $10 /day. 104 SCHEDULE �. Slim.) John (PAGE of... ) _ L rfront �- Development: . Market Set -Up The Hardman Group will manage Loyalist Plaza Market on behalf of Saint John Waterfront Development and will be responsible for general set up and tear down of the market. Vendors will be responsible for their own market set up including any material required to display products. Each vendor is given approximately 7 linear feet of space to set up a display. Some people bring tables and others use the space in a variety of creative ways that best display their products. Creative set up arrangements are welcome as long as they will fit in the space allocated to each vendor and are deemed appropriate by market management. Vendors must specify their set up requirements during registration so they can be placed in the most appropriate location. For example, there are some spaces available for people who would like to bring in a canopy and need a larger surface area. Vendors will be limited to a maximum of two spots each. Vendors who pay for the season can apply for an assigned spot that will be available to them throughout the cruise ship season. Vendors with assigned spots will be expected to be set up by 8:45 a.m. Any vendor not set up by 8:45 a.m. will forfeit their right to the spot for the day and it will be open to daily vendors. Any seasonal vendor who misses three consecutive market days without permission will forfeit the right to their spot for the season. To apply for an assigned spot, please indicate your request on the application form. Past seasonal vendors, in good standing, will have first choice of an assigned spot. Please read the following Vendor Regulations carefully and fill in the application form once you have read and agreed to the regulations: 1. The mandate of the Loyalist Plaza Market is to offer an opportunity for local craftspeople and artists to promote and sell their products on a profitable basis to locals and tourists in a supportive and affordable environment. 2. No person may offer for sale, exhibitor display goods, wares, products or any other merchandise of any kind in or about the market area without obtaining the permission of the market coordinator, filling out an application form, applying for insurance, paying the appropriate fees and adhering to these Vendors Regulations. 3. When applying for a space in the market, all vendors must clearly specify the nature of the products to be sold and shall not significantly change the nature of the products without the approval of Market Management. Failing to follow this process may result in the vendor losing his or her permission to sell goods in the market even though a fee may have been paid in advance. All products must be hand - crafted locally in New Brunswick. 105 gCHEDULE Saint John -= (PAGE 3 of JWaterf ront Develop meat 4. Products commercially produced may not be sold at the Market unless they have a specific local aspect approved by the Hardman Group and Saint John Waterfront Development. 5. Articles of a "Flea Market" nature may not be sold at the Market under any circumstance. 6. No hot food products of any type will be sold at the market. 7. No baby clothes or toys may be sold at the market unless vendor can provide proof of their own insurance coverage. 8. Vendors must conduct themselves in a professional manner at all times. This includes a kind, courteous manner to all customers, other vendors, and market management. There will be no smoking in the Loyalist Plaza area, or any alcoholic beverages or illegal drugs on the premises. Rude behavior and /or inappropriate actions will be cause for termination of the vendor(s) permission to operate at the Loyalist Plaza Market. 9. All reasonable precautions have been taken by Saint John Waterfront Development, the Hardman Group, and the City of Saint John to ensure the vendors have a safe, clean and well- maintained area to operate in the Loyalist Plaza Market. Vendors assume all liability for theft or damage of their merchandise and will also assume all liability for Bodily Injury or Property Damage arising from vendor operations. Vendors will indemnify and save and hold harmless Saint John Waterfront Development, the Hardman Group, and the City of Saint John from all claims arising from such operations. The Saint John Waterfront Development, the Hardman Group, and the City of Saint John will not assume any liability for damage ortheft of Vendors property. 10. The Loyalist Plaza Market will open at 8:30 a.m. and close at 4:00 p.m. on days the cruise ships are in port unless a ship arrives at another scheduled time. 11. If a regular vendor fails to occupy an allotted space by 8:45 AM and has not given advance notice of an anticipated delay, the space will be offered to a daily vendor for that day. If a seasonal vendor misses three consecutive market days without permission, he or she will forfeit the right to their spot for the season. 12. Vendors must keep their stalls neat and tidy and remove all garbage or refuse at the conclusion of the day. 13. Stall spaces will be allocated as per the following priorities: a) Renewing seasonal vendors, in good standing, shall have the opportunity to choose the space they occupied at the end of the previous season, if available. b) Renewing seasonal vendors wishing to change to a new, unreserved space shall 106 SCHEDULE _E. S[ intJohn (PAG—.Y—of _i�_)) - �° Waterfront R = _ Develop submit their request to the market management for review. c) First -time seasonal vendors shall have the choice of the remaining spaces; d) Daily vendors will be assigned available space on a first -come, first - served basis. Such vendors should apply for a space by contacting the Market Management at 658 -3600 in advance of an upcoming market. No vendors will be allowed to set up on a cruise ship day without prior registration of at least two days before the ship's arrival. e) All vendors will be limited to a maximum of two spots each 14. All Vendors renting space at the Loyalist Plaza Market are required to fill out an application form clearly stating the products they intend to sell. Products must be hand- crafted in New Brunswick. 15. Vendors occupying a space of 7 linear feet along the perimeter of the plaza or an interior space with a canopy shall pay in advance; 1. A daily fee of $10 per day or a seasonal fee of $100 2. An insurance fee of $150 16. Failure to follow the rules and procedures outlined above will result in a vendor losing his or her ability to sell at the market without reimbursement of any fees paid. All applications should be submitted with payment to the Hardman Group Management Office In Market Square. For more information, contact Rebecca Keirstead, this year's Market Coordinator. Phone: 658 -3600 E -mail : rkeirstead@ hard mangrou p.ca 107 SCHEDULE Sault John (PAGE _.::Lot waterfront Development Loyalist Plaza Vendor Application Form Name of Vendor Last name: First name: Name of Business (if applicable) Mailing Address: Telephone #: E -mail: Items you plan to offer for sale. Please be specific. (items must be handcrafted in New Brunswick. Please include pictures of items, if you have them available.) (Note: Permission to sell products not listed above must be obtained from Market Coordinator) Set up requirements: o Space for Canopy ❑ Space for Umbrella ❑ Table only ❑ Other (Please specify) Vendor Status (Please Circle): Returning Seasonal / Returning Daily New Daily / New Seasonal 108 SCHEDULE ,amt John (PAGE —'—of �) Waterfront Development Y _.r Last year's space allocation (if returning seasonal vendor) # of years as a vendor Please list years F Type of Vendor Application (Please circle): Seasonal ($100) / Daily ($10) Method of Payment (Circle one): Cash / Cheque (Please make cheques payable to The Hardman Group) I acknowledge that I have read a copy of the Loyalist Plaza Market Vendors Regulations and I understand that these represent the terms and conditions by which I may sell as a vendor. Signature: Date: Additional comments or questions: ........................................................................................................... ............................... M... For Office Use Only Preliminary Approval (To be signed by Market Management) Final Approval (To be signed by Saint John Waterfront Development Representative) Date: 109 May 18, 2010 M &C - 2010 -171 Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Re: Detailed Engineering Design of the Green Thermal Utility (GTU) Piping along Union Street Backaround In September 2009, the City of Saint John engaged FVB Energy to develop a detailed conceptual design of a District Energy System (DES), to provide thermal energy to existing and new buildings in the uptown area. The study, now completed, has evaluated all energy sources available in the Saint John area. Sources included raw sewage, seawater (cooling), waste heat from buildings and industrial waste heat. In addition to identifying energy sources, FVB Energy identified buildings in the uptown area (within 2 km of Union Street) that could be suitable customers for a District Energy System (DES). The consultant (FVB Energy) has analyzed /evaluated these energy sources and buildings' connections to the DES, and has provided design recommendations and a preliminary financial analysis. The report by FVB Energy has made several recommendations, which include the connection of several buildings along Union Street to the proposed District Energy System. These buildings are considered to be good potential candidates to generate energy revenue for the District Energy System. lr SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 110 Report to Common Council Page -2- May 18, 2010 Below is a list of these buildings along Union Street: - Provincial Law Court Building - New Police Headquarters - Mercantile Building - Vito's Restaurant - Chipman Hill Suites - Bell Equipment Centre - New construction on Wellington Row - Latour Terrace Buildings (2). Concurrent with the work of FVB, Municipal Operations has been working on the design and reconstruction of municipal services on Union Street, Carleton Street and Wellington Row. The renewal of these services is integral and essential for the reconstruction of Union Street. Additionally, this renewal of services has been designed to accommodate additional loads which will be created by the development of Peel Plaza, as well as any additional development in the general area. The work will include the installation of underground electrical and other utilities, water mains, sanitary sewer, storm sewer, etc. The underground utility work is scheduled to begin in the Fall of 2010 beginning on Wellington Row. The reconstruction of Union Street and Carleton Street will not begin until 2011. This underground work also includes full street reconstruction. Analysis In order to avoid potential additional costs and redundancy, it is being recommended that the City include in the municipal tender package for Union Street the design and installation of district energy piping on Union Street. The additional design will ensure that any future installations for district energy infrastructure will be compatible with the new utilities infrastructure to be placed in Union Street. Although the construction and installation of the district energy heating and cooling pipes is proposed to be included in the municipal infrastructure tender package, it is staff's intent to indicate clearly that this portion of the work may be excluded from the tender award at the City's sole discretion. This will allow the City to proceed with the installation at the same time that the water and sewer infrastructure is being installed on Union Street or make the decision to defer this portion of the tender package to a later date when the DES costs and benefits have been more fully evaluated. Given the foregoing it is being recommended that the following engineering services be completed by FVB Energy. This will allow potential contractors to fully price the work. - Detailed engineering design for Union Street for the supply and installation of 330 meters of trench for the placement of two six inch heating distribution pipes along Union Street, and supply and installation of 280 meters of two ten inch cooling distribution pipes along Union Street. 111 Report to Common Council Page -3- May 18, 2010 - Prepare tender package, to include as part of the municipal infrastructure the necessary supply and installation of the District Energy piping. The tender will have a separate breakout cost for the GTU piping along Union Street. - Engineering support and technical advice regarding any issues or concerns which may arise from the general contractors (through the Engineering Department) in the preparation of bid submissions. Financial Analysis The total cost by FVB to complete the detailed engineering for the GTU piping along Union Street and prepare tender package is $93,450.00 +HST. Funds are available in the 2010 Facility Management Capital budget for this project. Recommendations Your City Manager recommends that: FVB Energy be engaged to provide detailed engineering design and technical advice at a cost not to exceed $93,450.00 + HST. 2. Authorize staff to include a section in the Municipal Infrastructure tender package for the installation of District Energy piping on Union Street. Respectfully submitted, 4Z'1110-1� Wm. Edwards, P.Eng. Commissioner Buildings & Inspection Services atrick Woods, CGA Manager WmE/jaf 112 Mayor Ivan Court Mayor's Office Bureau du maire SAINT JOHN 1A PROCLAMATION WHEREAS: the City of Saint John is committed to assisting citizens with disabilities to participate fully in the resources of our community; and WHEREAS: many persons living with disabilities face barriers in the areas of employment, access to information, transportation, housing, education, recreation and other disability - related supports; and WHEREAS: we believe that more citizens with disabilities should have the chance to access appropriate disability related supports to improve their opportunities in New Brunswick; and WHEREAS: we support the theme "Disability Awareness- Disability Supports Create Self - Sufficiency "; NOW THEREFORE: I, Mayor Ivan Curt, 0*",�'of Saint John do hereby request that citizens join in recognizing persons with disabilities and their potential role in our community by the observance of Disability Awareness Week, May 30th to June 5th, 2010 In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 4L1 ! www.saintjohn.ca 113 C.P. 1971 Saint John, N. -B. Canada E2L 4L1 Mayor Ivan Court Mayor's Office Bureau du maire lr SAINT JOHN WHEREAS: PROCLAMATION one in three Canadian families cannot afford to involve their children in sport or recreational activities; and WHEREAS: Jumpstart believes all kids should have the chance to run, skate, play, grow and participate in organized sports and recreation such as hockey, dance, swimming, and basketball so they can develop important life skills, self esteem and confidence; and WHEREAS: Canadian Tire Jumpstart helps kids in financial need participate in organized sport and recreation and has helped more than 216,000 kids participate in organized physical activities; and WHEREAS: Jumpstart Day is a day dedicated to raising awareness across Canada so all kids can play; NOW THEREFORE; I, Mayor Ivan Court, of Saint John do hereby proclaim May 291h, 2010 as JUMPSTART DAY to give kids a sporting chance. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. RO. Box 1971 Saint John, NB Canada E2L 4L1 114 www,saintjohn.ca I Cf? 1971 Saint john, N. -B. Canada E2L 4L1 The City of Saint john Mayor Ivan Court Mayor's Office Bureau du maire WHEREAS: PROCLAMATION the Canadian Charter of Rights and Freedoms, the Canadian Human Rights Act prohibit discrimination on the basis of sexual orientation; and WHEREAS: we are striving to make New Brunswick and the Greater Saint John Area a society open to everyone regardless of sexual orientation, gender identity or gender expression; and WHEREAS: Saint John is the Cultural Capital of Canada; and WHEREAS: the City of Saint John celebrates 225 years of diversity since becoming Canada's first Incorporated City; and WHEREAS: homophobia and transphobia remain present in society despite efforts to the contrary; and WHEREAS: there is a wide spread general agreement opposing discrimination and more specifically homophobia and transphobia; and WHEREAS: the seventeenth day of May is the International Day Against Homophobia and Transphobia; and WHEREAS: there is reason to endorse the efforts of Fondation Emergence, PFLAG Canada, PFLAG Canada's Saint John Chapter, The Unitarian Universalist Congregation of Saint John, Centenary Queen Square United Church, Port City Rainbow Pride Inc., AIDS Saint John, the respective Gay /Straight Alliance Student Organizations at Harbour View High School, Saint John High School, St. Malachy's High School and the UNBSJ Q- Collective in holding this day; NOW THEREFORE: 1, Mayor .Ivan Court, of Saint John do hereby proclaim May 17 '' past as International Day Against Homophobia and Transphobia. In witness whereof I have set my hand and affixed the official seal of of the City of Saint John. l'+ rl 'Zi F-1 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint Jd�, 1L1 115 A Focus on Crime Reduction The Saint John Police Force Intelligence -Led Policing business model P "You can't arrest your way out of a problem" Ratcliffe The BIG Ideas • Police can do Crime Reduction. • Evidence - based: making the most of police data 4 predictive &proactive. • A targeted approach to crime problems and crime reduction, where intelligence serves as the guide to operations, &not the other way around. • Law enforcement whenever necessary, but not necessarily law enforcement. • • ImW�0T.7!JT�7■nA0 Our Hybrid ILP: The Big TENT Standard Policing Model III Detect; investigate; arrest Community Policing II� Police legitimacy; Local Intel; Connections Problem Oriented Policing Sustainable problem reduction; Partnerships CPTED Defensible space; Target hardening ly Situational Crime Prevention ly Our ILP Business Model (Hybrid ILP) Reduce crime & other problems ly Evidence -based Crime Reduction O s accountability Y Sustainable problem reduction Directed policing; Opportunity reduction Performance Measures Outcome / output based; Program accountability Compstat Crime Reduction, Ops accountability II* C PTS D Address social problems; Capacity building Intelligence -Led Policing Partnerships Outcome / output based Program accountability Police legitimacy I* Local Intel; Connections Detect; investigate; arrest Defensible space; Target hardening Directed policing II* Opportunity reduction Address social problems Evidence - based; Reduce crime & other problems Capacity building The Crime Funnel Actual offenses Reported to Police Recorded by Police Investigated or cleared otherwise 75 Charged or summoned 37 Proceeded against at court 21 Found guilty 15 Custodial sentence 4 287 K 1000 1 SJPF Intelligence -Led Policing Intelligence -Led Policing =Crime Reduction Crime Control Meeting Evatlua ii ....................................... 19 1� 'radition Cost- 911["He Social dicato Ole[* )uality of ife (QoL) The Dilemma Playing the Cost - Benefit Game ■ (150 [fewer B &Es: SJPF Stats] $3663 [victim cost: UK study]) — (150 [fewer B &Es] * $500 [SJPF Time cost: BC study]) = $500,000 ,000 net - benefit aced victim and al cost: SJ 2009 Our Crime Reduction Economics The Straw Man Argument Victim / Community Benefit -cost anal Being faithful Intelligence -Led business model (social & quality -of -life benefits) ovation in N Saint Jahn Polio Ford takes an intelligence -led approach to crime fighting The Saint John Police Force implemented a visionary, intelligence -led pd icing model that is centered around crime mapping. 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R 04 wi t IAC s.�xmeww eater xaowsmae enan,mma cn w.mn< -sa.ra � 7- !�a�a.�M.rtl t�49i^ r ■ - _ , - _ Created 20091b9f11 by james.stewart @saintjohn -ca f 506 -648 -3295 Download documents: www. saintjohn .ca /crimereductioneconomics -o C w r_ r'1 Ln D T M 1%6 4h i Case Study Police organization uses crime mapping to achieve double digit reduction in crime U- q,,,OwhhL Saint John Police Force takes an intelligence -led approach to crime fighting The Saint John Police Force implemented a visionary, intelligence -led policing model that is centered around crime mapping. As a result, they have achieved a double digit reduction in break and enters and motor vehicle theft in the first year. Crime mapping turns data into visible stories so that the police force can proactively recognize problem areas and swiftly develop crime fighting strategies. 130 Challenge In 2007, the Saint John Police Force replaced their standard policing model with intelligence -led policing — a future - oriented and targeted approach to crime control that emphasizes crime reduction over crime reaction. It focuses on identifying, analyzing and managing persistent or developing problems or risks and provides officers with timely intelligence so that they can rapidly deploy personnel and resources in an effective manner wherever crimes are occurring. At the core of intelligence -led policing is crime mapping. Crime mapping equips crime fighters with geographic literacy by turning a wealth of police records into meaningful visuals. To effectively implement intelligence led policing, the Saint John Police Force needed to develop a crime mapping prototype that would integrate mapping into their daily operations. As a guide, they looked to New York's CompStat model that uses map based tools for sophisticated crime data analysis, reporting and location -based accountability. From here, the Saint John Police Force developed a hybrid Intelligence -Led Policing business model that integrates best practices in policing with an evidence -based focus on crime reduction. Once the model was developed, they searched for the right software tool to bring the plan into action. This map illustrates concentrations and patterns This map is an extension of research predicting of motor vehicle accidents with injury along a that the locations near a current break and major arterial roadway in Saint John including enter incident are more likely to be victims of day -of -week and time -of -day distribution. future break and enters. Solution The Saint John Police Force selected Omega Group's CrimeView software as their crime mapping tool. CrimeView leverages ESRI's latest server technology to pull Computer Aided Dispatch (CAD) and Records Management Systems data into a single map view, creating layers of data. It completely integrates with existing systems so that 911 calls and incident reports are automatically fed into the application. With a current focus on break and enters and motor vehicle theft, CrimeView is leveraged to create pinpoint maps, hot spot maps and density maps that make it easy to analyze the concentration of crimes in specific areas. Queries can be built for incidents within any boundary or near an address or landmark such as a school or a liquor store. For example, users can select data on break and enters that occurred within a certain radius between specific dates. This makes it easy to determine the likeliness of reoccurrence and to understand the relationship between incidents. When a break and enter occurs, the affected residence is four times more likely to be hit again within a 30 day period. Officers can now comb through data, identify high risk areas and take a proactive crime reduction approach to policing. 131 Benefits "By incorporating crime mapping into our policing model, we have achieved return on intelligence (ROI). We are now able to take a targeted approach to crime control where intelligence serves as the guide to operations, and not the other way around." Brian Malone Director, Knowledge Management Saint John Police Force Since implementing the intelligence -led policing model, theft of motor vehicles in the Saint John area have dropped by 18% while break and enters are down by 27 %. There have been similar declines in the incidence of select other crimes, and a significant reduction in overall crimes. The maps facilitate discussions at bi- weekly crime control meetings where dozens of officers meet to analyze data and develop informed crime reduction strategies. These strategies include contacting victims and neighbours at elevated risk, and identifying solutions that will prevent future crimes. The next step in the process is to deploy dedicated resources to problem areas, and continuously follow up and assess the crime situation. The crime reduction cycle then begins all over again at the next Crime Control meeting. In the near future, the police force plans to begin sharing crime mapping data with the wider community so that they can engage community partners in crime reduction. To better protect the community, they will also widen the scope of their crime mapping to include other serious and frequent incidents such as assaults. Founded in 1984, ESRI Canada provides enterprise geographic information systems (GIS) solutions that empower businesses, governments, and educational institutions to make timely, informed and mission - critical decisions by leveraging the power of maps. The company distributes the world's leading GIS software from ESRI, Telvent Miner and Miner, Azteca Systems and other technology partners. Headquartered in Toronto, the company serves over 10,000 customers from 16 regional offices across Canada. 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Application for a Zoning By -law Amendment Demande de modification a Parretti sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur L.r'RR Mailing Address of applicant / Addresse postale du demandeur v %'�FD J X11,5_, ;;7,,.�1 Postal Code / Code postal � nl_z - 3 Telephone Number / Num6ro de t6ldphone Home / Domicile G -,,e 1 Fax Number / Numdro de tdldcopieur Work / Travail 3_A Name of Property Owner (if different) / Nom du propri6taire (si diffdrent) Address / Adresse /eL� Postal Code /Code postal C-1 4v -� Property Information 1 Renseignements sur la proprikt6 CjoRMM _ > ?07-tolV Or' Location / Emplacement / 5 6 Q 5/ Civic # I No de voirie Str / Rue PID / NO Lot Area/ Superficie du lot "12-2 Spv7 Street Frontage / FFagade sur rue Existing Use of Property / Utilisation actueIle de ]a propridtd Municipal Plan Land Use Designation L Designation de utilization des terres sur le plan municipal �01c51 fzps' f 11 Of Amendment Requested 1 Modification demandie r j Present Zoning / Zonage actuel . oC9/l? 41a, 26':� (7 ) Change Zoning to / Modification du zonage & R -1A and/or / ou } "a Tent Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) 133 Development Proposal 1 Proposition d'aminagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, 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 61'dchelle illustrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de b6timent, des dessins de plan d'dldvation et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propridtd, 1'emplacement de la totalitd des biltiments, des alldes, des aires de stationnement, des amdnagementspaysagers et despanneaux de signalisation. II est important d`indiquer la distance entre les limites de la propridtd et les b6timents. Provide reasons why these amendments should be approved. l Foumir tout autre renseignement concernant votre proposition Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait dtre utile. Signature of Applicant / Signature du demandeur +� $400 Application Fee Enclosed 1 Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'dtes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du propridtaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du propridtaire autorisant le for consideration by Common Council. traitement de la prdsente demande pour que cette derniere soft examine par le conseil communal. Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) Date: 134 /t °r.a� IL �4QIReiytaa G ! �It7ar�u^++v! 1 F A !1 ! I i t ! P � i 5 + { !I 1! 1 4 A fD gE II I + t 7Y IM vJ ki +ly;,j+�b m + l HAM 97 Ndi GW COORONAlt VALUES 'LRat M4NAW 4 GONIS11 NORII m aF5'r w"m s 11 I ROAD &yqy >e ^ y l 1 �alY,kr Lor Lors� Y P °ta 7000 P ! fl 92 2007. i 3DIs '� =WI4741 r7~ Mry 97�J LLMM - PY. 9 ®0 7o- A7umim of L61Ln2 - PAl 200 ftl >®mar a L2171i - Ph. 7a0J0 A] A fD gE II I + t 7Y IM vJ ki +ly;,j+�b m + l HAM 97 Ndi GW COORONAlt VALUES 'LRat FA5 m NORII m aF5'r w"m s 712SIalama 775cewaQ7 S.S..a z w2lm 161111. it =WI4741 733MIlMb LLMM - PY. 9 ®0 7o- A7umim 7s32L= L61Ln2 - PAl 200 a >®mar 7392OLIC L2171i - Ph. 7a0J0 73 731:023Da 77 019MIL142 ZZALM - ti MOOR 24 >9awm00 77PLL7'la L2l110 - r 20000 100 Ili ,4717 737ma2.1la 7^°<w1754 ILa. Sad. F-W - I.0000M _ ISLAND COURr I Ea 91 Pto �, Y? 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Sebe dMek fwxb Ryrhy RkY. Irn�1 17. t7f1Q � Pls. 7afa97. d9. --A^LY Art. Poa� dr16 ' apslel r IJ na r a.M Y4 n -2A. Pur»Qaa of Plan R o..r n -a a rIO s� Ibr iAr...7 11. 100 Y o.r. 1.t 2 n -7A M arkiW }rts TENTATIVE AMENDING SUBDVISION PLAN BAYVIEW ESTATES SUBDIVISION, PHASE 1 LOT 97 -2A MARA%AOOMSi ROAD, Cf1Y OF SAINT JOHN. COUNTY SAINT JOHN, PRONNCE OF NEW BRUNSWICK a l l H a l0 2Q Ia a w SnM - i 5aa m6am mAe N i0 Rfamarlm mmu m NM WJW u - ;._, LTD 700 ma ZPW um Sr aw Ili 0401m tlr alas Wmi KaA OW ` 9ae M-1, l4 7010 bd Grp. It.a. P. fly for df.. r t.d7' .+IbY�I b 14 ]O,L 144t 717 rA00 27 Oal n>Q ran 9179. M d i�IR.Adf k1111.+Y. ~ +1IkwAa Dra Na. O5 — 333 -- C City of Saint John INTERNAL INSERTION ORDER For City of saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: 506 658 -2862 17F;7(506) 674 -4214 Special Instructions (if any): Reference: 1861 Manawagonish Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, April 27'h Tuesday, May 18t4 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 iF911 PROPOSED ZONING BY -LAW AMENDMENT RE: 1861 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 25, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as a portion of PID No. 55005151, from "TH" Townhouse to "R- IA" One Family Residential, as illustrated below. [INSERT MAP] REASON FOR CHANGE: To permit the land to be used in conjunction with the adjacent residential property located at 1853 Manawagonish Road (PID No. 55123210). The proposed amendment may be inspected by any interested person at the office of the Conunon 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 137 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1861, CHEMIN MANAWAGONISH Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 25 mai 2010A19h: Rezonage d'une parcelle de terrain dune superficie d'environ 122 metres carr6s, situ6e au 1861, chemin Manawagonish, et 6tant aussi une partie du NID 55005151, de zone de maisons en rang6e « TH o a zone r6sidentielle — habitations unifamiliales <<R -lA >>, comme le montre la carte ci- dessous. [INSERER LA CARTE] RAISON DE LA MODIFICATION: Permettre l'utilisation de la proprietd conjointement avec la proprietd r6sidentielle adjacente situ6e au 1853, chemin Manawagonish (NID 55123210). Toute personne int6ressee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a Ph6tel 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 I'attention du soussign6 a I'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 N �s O 1 N C �D O -t Ch. -; jw agony Sh R Mi.] PUBLIC NOTICE Public Notice is hcrcby given (hat the Common Council of The City of Saint Jahn intends to consider amending The City of Saint John Zoning By -lain at its r4gu tar mcenng to be held in the Council Chamber on Tucsda }, May 25, 2010 at 7:00 p.m., by: Retuning a parcel of land with an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as a portion of PIDNo 55005151, from "TH "Townhouse to "R-IA" One Family Residential, as illustrated below. REASON FOR CHANGF,: N To permit the land to be used in f conjunction with the adjacent I residential property located at 1,453 Manawagonish Road (P1D No 55121210). The proposed amendment min be inspected by any uttcrtsted Person at the orrice of the Common Clerk, or in the office of Planning and Dcnclopnwnt. City Hall. 15 Markel Square. Saint John, N.R between the hours of 8:30 a.m. and 4:30 p.m, Monday through Friday. inclusive, hohda5s excepted. Witten nbjccttons to the amendment ma} he sent to the widersigued at City Hall Elizabeth Gormley, Common Clerk We-] AVIS PUBLIC I'll l iL I pl wi ts-. un a5 h pi hlr, est driro! par reo,+li4 le consed communal de The Cay of Saint John indique son intention d'etudier la modification suivante a 1'arrele sur le zonage do The City of Saint John, lors de la reunion ordinaire qui se liendra dans la salle du conseil le mardi 25 mai 2010 a 19 h : Rezonage d'une parcellt de terrain dune superftcie d'environ 122 mWUc carrel, situee au 1861, chemin Manawagonish, el etant aussi une panic du NIA 55005151, de zone de maisom en rangee a TH » ii zone residentielle -- habitations unifamiliales i <11-1 Ai >, comme le monire la carte ci- dessous. —1 LJI adjacentc situceau 1353.chemin a" nfsh Rd. Planauagonish (NID 55123210). pe ute am ner l pros ssdc peat examiner le projel do modification an bureau du grefher communal ou au bureau de 1'urbanisme et du developpement i 1'h8tcl de Ale au 15, Market Square, Saint John, N.-B., entre 8 It 30 et 16 h 30 du lundi au vendredi, sauf les lours lerics. Vemllez faire parvenu ins objections an projet de modification par gent a ]'attention du soussrgne a I'hiitel de vide. Elizabeth Gormley, Gre[ficre communale RAISON DE LA MODIFICATION: r� P Permcttrc 1'utihsution de _ l la proprielc canlnmtcmcnt ' ( a aver la proprretc residenlielle pe ute am ner l pros ssdc peat examiner le projel do modification an bureau du grefher communal ou au bureau de 1'urbanisme et du developpement i 1'h8tcl de Ale au 15, Market Square, Saint John, N.-B., entre 8 It 30 et 16 h 30 du lundi au vendredi, sauf les lours lerics. Vemllez faire parvenu ins objections an projet de modification par gent a ]'attention du soussrgne a I'hiitel de vide. Elizabeth Gormley, Gre[ficre communale BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as being a portion of PID No. 55005151, from "TH" Townhouse to "R- IA" One Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor /Maire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, d6crete le dix -neuf (19) decembre 2005, est modif16 par: 1 La modification de ]'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 122 m6tres carres, situ6e au 1861, chemin Manawagonish, et 6tant aussi une partie du NID 55005151, de zone de maisons en rang6e « TH » a zone r6sidentielle — habitations unifamiliales «R- l A» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arr6t6. EN FOf DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le 2010, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 140 May 19, 2010 Your Worship and Councillors: SUBJECT: Proposed Rezoning 1861 Manawagonish Road On April 26, 2010 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 18, 2010 meeting. Albert Gogan, appearing on behalf of the applicant Larry Kingston, was in attendance at the meeting. Mr. Gogan spoke in favour of the application. No one appeared to speak in opposition to the application. After considering the report and comments made by the applicant, the Committee accepted the recommendations made by staff regarding the rezoning of the property from "TH" Townhouse to "R -IA" One Family Residential. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as a portion of PID No. 55005151, from "TH" Townhouse to "R -IA" One Family Residential. Respectfully submitted, Carl Killen Chairman X Project No. 10 -119 141 DATE: MAY 14, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING � PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 18, 2010 [3- 17_ \.] 107.3• 91k, ?AI; it, S /a11 -5- •ii Jody Kliffer Ken Forrest, MCIP, RPP Planner Commissioner SUBJECT: Name of Applicant: Larry Kingston Name of Owner: PMK Holdings Ltd. Location: 1861 Manawagonish Road PID: 55005151 (portion) Municipal Plan: Low Density Residential Zoning: Existing: "TH" Townhouse Proposed: "R -IA" One Family Residential Proposal: To rezone a small portion of an existing lot that will be transferred to an adjacent property owner. Type of Application: Rezoning 142 Larry Kingston Page 2 1861 Manawagonish Road May 14, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, May 25, 2010. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land with an area of approximately 122 square metres, located at 1861 Manawagonish Road, also identified as a portion of PID No. 55005151, from "TH" Townhouse to "R -IA" One Family Residential. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no concerns with this application. Buildings and Inspection Services has no concerns with this application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline has no concern with this application. BACKGROUND: In 1997, the subject -site was rezoned to "TH" Townhouse to permit a residential development consisting of a mix of single, two - family and townhouses. The development has not yet occurred. On March 14, 2000, the Planning Advisory Committee granted the property at 1853 Manawagonish Road a reduced rear yard setback to 7.16 metres (23.5 feet), whereas the Zoning By -law requires a setback of 7.5 metres (24.6 feet). ANALYSIS: The applicant is seeking to subdivide a 120 - square -metre (1,292- square -foot) portion of his property at the above -noted address (the PMK Holdings Ltd. property), for consolidation with and enlargement of the adjoining Gogan property at 1853 Manawagonish Road. The proposal is illustrated on the attached tentative subdivision plan. The portion of the property that is the subject of the current rezoning application is located on the south side of the road opposite Westgate Park and Island View Subdivisions. The lot at 1853 Manawagonish Road, to which the subject piece of land is proposed to adjoin, slopes downward from the street to the rear of the property. Currently a portion of the driveway area used for parking at 1853 Manawagonish Road encroaches on the larger property to the rear at 1861, which is owned by the applicant. The applicant has therefore agreed to transfer the proposed 122 square -metre parcel of land to the property at 1853 Manawagonish Road in order to remove this encroachment. 143 Larry Kingston 1861 Manawagonish Road Page 3 May 14, 2010 The parcel to be conveyed to the Gogans is currently zoned "TH" Townhouse. Mr. Kingston has requested that this parcel be rezoned to "R -IA" One Family Residential to match the zoning of the balance of the Gogan property. The proposed consolidation will increase the area of the Gogan property from the present 708 square metres (7,621 square feet) to 828 square metres (8,913 square feet). The current proposal would effectively correct the existing encroachment onto the property at 1861 Manawagonish Road, and enable the position of the existing dwelling to meet the 7.5 metre (24.6 feet) rear yard setback requirement. Based upon the above observations, approval of the rezoning is recommended. JK Project No. 10 -119 144 PLANNING AND DEVELOPMENTIURBANISME ET DtVELOPPEMENT 1171 I= 717! RF =r � 0 IM „ U x a Oil ,r 'O Is m • ' Cd 0 -a 4 r m low > 4 r • ,� #' #, Ch. " IK2 Im "9on;sh 1M1 ' 'ow Subject Site /site en question: Location: 1861, chemin Man awagonish Road Date: April 15 avril 2010 Scale /6chelle: Not to scale/Pas 4 1'6chelle 145 TH t9 0 l� /o r � � 4 � � 1 7M7 IM PID(s) /NIP(s): 55005151 (portion) w� 11 R1 o•s�edo•�� }�.�..���� I r R r Mmer 1 ! n ■. &son& , r � 4 1 _ � r � � � r O f R 1 f! SENEF—Hum am Y*— Q 3 • � Q[ fill!f min Re E r 1 r CC� tl rl � It 4 y R S¢ X�O �► R m 14 di Its I f Y � C�,�_A Application for a Zoning By -law Amendment Demande de modification a Varrete sur le zooage Applicant Related Information 1 Renseignements sur le demandeur Name of Applicant / Nom du demandeur �R 0 L , D01,46 VO IQ Mailing Address of applicant 1 A�d7dresse postale du demandeur SA 1 N T J0141,J N !'] Postal Code / Code postal Telephone Number/ Numdro de tBldphone // l r (p — Home / Domicile Fax Number / Numdro de tdldcopieur :- Work / Travail Name of Property Owner (if different) / Nom du propri6taire (si different) Address / Adresse Postal Code / Code postal Property Information / Renseignements sur la proprikk Location /Emplacement Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot [ -4 (p 1y 50 F— 1 Street Frontage / Fagade sur rue I t�>✓5'�I� f62Lptr.] C7 PXGg -� . Existing Use of Property / Utilisation actuelle de la propridtd Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested 1 Modification demand6e Present Zoning/ Zonage actuel L--OW D OQ j �l (9L _ -s, f-}E tj.�,;. io L Change Zoning to / Modification du zonage A e E ' I.DENT1 P L R-4 and/or/ ou ' Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) 147 Development Proposal / Proposition d'am6nagement Description of Proposal / Description de ]a proposition To GLQ PI J ApJq�r�uasM Ta THE ZUsTIE lJG T.c-n ( t)Nu-F R U I L-n, N 6. 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 1'dchelle illusrrant votre proposition. Vous pouvez elgalement fournir des photographies, des plans de b4timent, des dessins de plan d'dldvation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propridtd, Pemplacement de la totalitd des bdtiments, des alleles, des acres de stationnement, des amdnagements paysagers et des panneaux de signalisation. II est important d'indiquer la distance entre les limites de la propridtd et tes batiments. Provide reasons why these amendments should be approved. / Fournier tout autre renseignerment concernant votre proposition qui pourrait etre approuvdes. Provide any other information about your proposal that would be helpful.. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprieltaire dans la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprieltaire autorisant le for consideration by Common Council. traitement de la prdsente demande pour que cette derni&e soft examinee par le conseil communal. Signature of Owner (if applicable) Signature due propri6taire (s'il y a lieu) Date: / A!, / 0, 148 14773 �68 74272 68 16539366 1879166 114708 62 16651 0 'If 3 6 1844 Av. 6366 SO 52 008 48 354 44 051 42 40 1337 0 76 38 61 34 64 0 56 0 19 0 00321398 71 16 55062574 00316174 69 14 00316691 00415794 6 12 5 50635 6463 8 00319772 63 0 031568 7 3 3 6 0 5 5 013 916 59 61 11 ao3t6570 2 00319335 ; ;p91990 57 6 55042931 0 50519240 149 64 V♦ ea 9 L. 00 o O N m/� a SS S�- o> so LM S O� �S 3 ' °a 3 0 � Sy, I ss �s ?s 0� 0 064 \ 62 60 W LA e' a 7% ,, 150 -51W .Dry wall it bea ng �Z6 A-0 (At vide_ b%win en+- mi'4 from I -sr �kx�ruri ur yo "X ilOn �h City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 De artment: Common Clerk's Office LAccount #E 71206 Contact: Elizabeth Gormle Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: 4244 Westmorland Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, April 27, 2010 Tuesday, May 18, 2010 Date(s): Date(s): 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 Gonnle , Common Clerk/Greffiere communale Contact; Telephone: (506) 658 -2862 151 PROPOSED ZONING BY -LAW AMENDMENT RE: 4244 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, May 25, 2010 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 1700 square metres, located at 42 -44 Westmorland Road, also identified as PID No. 55165096, 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 152 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 4244, CHEMIN WESTMORLAND Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arr&6 sur le zonage de The City of Saint John, Tors de la r6union ordinaire qui se tiendra dans la salle du conseil le mardi 25 mal 2010 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 1 700 metres carr6s, situ6e au 42 -44, chemin Westmorland, et portant le NID 55165096, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» a zone risidentielle — habitations de quatre logements <<R -4». RAISON DE LA MODIFICATION: Permettre un 6difice a trois logements. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par dcrit a I'attention du soussign6 a 1'h6tel de viIle. Elizabeth Gormley, Greffi6re communale 658 -2862 PUBLIC NOTICE Public Notice is hereby given That the Common Council of The Cite of Saint John intends to consider amending The City of Saint John Zoning By -law at its i egul dr mceu m, lobe held m the Council Chamber on Tuesday. May 25, 2010 at 7:00 p.m . by: Rezoning a parcel of land with an area of approumately 1700 square metres, located at 42- 44 Westmorland Road, also identified as PID No 55165096, from "R -2" One and Two Family Residential to "R4" Four Famih 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 Ibe office of Planning and Development, City Hall. 15 Market Square, Saint John, N.B. bemccn 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 dnder�t,ncd at City Hall. Fliubeth Gormley. Common Clerk 658 -2862 153 AVIS PUBLIC Par les presentes, un avis public est donne par lequel le coned communal de The City of Saint John mdique son intention d'etudier la modtfication suivante a 1'arriti sur le nonage de The City of Saint John. fors de la reunion ordinaire qui se tiendra dans la Salle du conceil le mardi 25 mai 2010 a 19 h: Rezonage Time pdicelk de terrain dune superftcie d'environ 1 700 metres earns, situce an 42-44, chemm Westmorland, et portant le NID 55165096. de zone risideatielle — habitations unifamiliales et hifamiliales « R -tit a zone rkidenlielle — habitations de quatre logements «114». RAISON DE LA MODIFICATION: Permettre un edifice a trois logemems Toule pereonne intcressee peut examiner le projet de mndification au bureau du grelfrer communal ou au bureau de Furbanisme et du dcrcloppcmcnt a I'Wtel de ville au 15. Market Square, Saint John, N -B.. entre 8 h 30 et 16 h 30 du lundi an vendredi. sauf les jours fdrics Vcuillez. faire Parvenu vos objections du projet de modificdtton par cent a (attention du soussignc a IULel de %ille. Elizabeth Gormley. Grellicre communale 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A °, the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1700 square metres, located at 42-44 Westmorland Road, also identified as PID number 55165096, from "R -2" One and Two Family Residential to "R -4" Four Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor /M aire ARRETE No C.P. I10- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6crdte cc qui suit : L'arret6 sur le zonage de The City of Saint John, ddcr6t6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de 1'annexe <(A>>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie d'environ 1 700 metres carres, situ6e au 42- 44, chemin Westmorland, et portant le NID 55165096, de zone residentielle — habitations unifamiliales et bifamiliales «R -2» a zone residentielle — habitations de quatre logements «R -4» - routes les modifications sont indiqu6es sur le plan ci joint et font pantie du present arr6t6. EN FOI DE QUO1, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2010, avec les signatures suivantes : Common C1erk/Greffi6re communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 154 May 19, 2010 Your Worship and Councillors: SUBJECT: Rezoning 42 -44 Westmorland Road (PID 55165096) On April 26, 2010 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 18, 2010 meeting. Mr. Troy Donovan, the applicant, attended the meeting and advised that he was in agreement with the staff recommendation. The applicant will be preparing a drainage plan for the site. The Committee also received 16 letters expressing concerns about drainage in the area. Copies of these letters are attached. Following consideration of the report, letters and presentation, the Committee adopted the staff recommendation. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 1700 square meters, located at 42 -44 Westmorland Road, also identified as PID Number 55165096, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1700 square metres located at 42 -44 Westmorland Road, also identified as PID Number 55165096, be subject to the following conditions: a. That the number of dwelling units be limited to a maximum of three units; b. That the driveway closest to the existing building accessing Westmorland Road be removed and that the sidewalk, curb and roadway at the intersection of the driveway and Westmorland 155 IPM Road be reinstated by the developer to match the existing grades, width and alignment; c. That the Developer prepare a site drainage plan subject to the approval of the Chief City Engineer or his designate to accompany the necessary permit application for the construction of the new driveway onto Jardine Street; and d. That all works associated with conditions b) and c) be completed by the proponent within one year of approval of the required building permit for the third dwelling unit. Respectfully submitted, Carl Killen Chairman MR Project No. 10 -118 156 DATE: MAY 12, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING � PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 18, 2010 Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Ken Forrest, MCIP, RPP Commissioner Troy L. Donovan Troy L. Donovan 42 -44 Westmorland Road 55165096 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential Proposal: To add a third dwelling unit to a two -unit building. Type of Application: Rezoning 157 Troy Donovan Page 2 42 -44 Westmorland Rd. May 12, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, May 25, 2010. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 1700 square meters, located at 42 -44 Westmorland Road, also identified as PID Number 55165096, from "R- 2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1700 square metres located at 42 -44 Westmorland Road, also identified as PID Number 55165096, be subject to the following conditions: a. That the number of dwelling units be limited to a maximum of three units; b. That the driveway closest to the existing building accessing Westmorland Road be removed and that the sidewalk, curb and roadway at the intersection of the driveway and Westmorland Road be reinstated by the developer to match the existing grades, width and alignment; c. That the Developer prepare a site drainage plan subject to the approval of the Chief City Engineer or his designate to accompany the necessary permit application for the construction of the new driveway onto Jardine Street; and d. That all works associated with conditions b) and c) be completed by the proponent within one year of approval of the required building permit for the third dwelling unit. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning: Currently there are 2 driveways to this parcel from Westmorland Road and another proposed from Jardine Street. One of the driveway entrances from Westmorland Road must be removed and the sidewalk, curb, etc, reinstated by the owner to match existing. The owner must ensure that the proposed driveway from Jardine Street does not cause storm water runoff effects to adjacent or neighbouring properties. Any new construction, or driveway installations, cannot direct water onto adjacent properties. This property owner will have to apply for the required permits and provide a site drainage plan so as not to aggravate or cause any drainage issues. Buildings and Inspection Services will require that the renovation include meeting the full standards of the Building Code. 158 Troy Donovan 42 -44 Westmorland Rd. Page 3 May 12, 2010 Saint John Fire Department has no objection to this application provided that all street and building construction are conducted in accordance with the National Building Code and National Fire Code. Saint John Transit advises that a high level of service is provided by the #3 (RegionaFUNB via Causeway) and #4 (McAllister Place via Causeway) routes at this location. School District 8 has been informed of this application. Saint John Energy has no issue with the application. Aliant has no issue with the application. Rogers has been informed of this application. ANALYSIS: Subject Site and Proposed Development The subject site is located at the southwest corner of the Westmorland Road / Jardine Street intersection. The property has approximately 30.7 metres (100 feet) of frontage on Westmorland Road and approximately 25.9 metres (85 feet) of frontage on Jardine Street. The property is also bounded on the north side by a portion of the right -of -way for Woodlawn Avenue and backs onto Tisdale Lane. The subject site has an area of 0.17 hectares (0.42 acres) and slopes to the east, south and west. A two -unit dwelling is located to the south of the site at Civic 36 Westmorland Road. The applicant owns the subject property located at 42 -44 Westmorland Road, which currently contains a two -unit dwelling and is seeking approval to add a third dwelling unit, containing three bedrooms, in the basement of the existing two -unit building. The subject property is currently zoned "R -2" One and Two Family Residential, the applicant is requesting a rezoning to "R -4" Four Family Residential. Surrounding Area The immediate surrounding area along Tisdale Lane, Jardine Street and this portion of Westmorland Road is zoned "R -2" One and Two Family Residential and contains single and two - family dwellings. Further to the south along Westmorland Road, there is an area of land zoned `B -2" General Business with frontage on Loch Lomond Road which contains a mix of commercial and residential uses. The Woodlawn School is located on the west side of Westmorland Road and is zoned "IL -1" Neighbourhood Institutional. Municipal Plan Direction The subject site is located within the area along Westmorland Road designated as Low Density Residential by the Municipal Plan. The Municipal Plan directs that areas designated as Low Density areas shall be developed at overall neighbourhood densities not exceeding 38 dwelling units per net residential hectare (15 dwelling units per net residential acre). With the addition of the third unit, the site density will be 17.5 dwelling units per net residential hectare (43 dwelling units per net acre), which is below the maximum directed by the Plan. The Plan also directs that a variety of dwelling types be developed in areas designated as residential. 159 Troy Donovan Page 4 42 -44 Westmorland Rd. May 12, 2010 As the building is an existing building and the footprint and envelope of the building are not being enlarged, the building will still fit within the scale and context of the existing neighbourhood. It also provides for intensification of the neighbourhood through the addition of a dwelling unit. Staff are also of the opinion that the development will have adequate public services as the building is currently serviced by municipal water and sewer and on an existing roadway. Zoning By -law The applicant is proposing to rezone the site from "R -2" One and Two Family Residential to "R -4" Four Family Residential to permit the third dwelling unit the building. The proposed development was reviewed against the standards of the zoning by -law in the context that it was an existing building on an existing lot. The proposed development is in compliance with the applicable sections of the zoning by- law relating to parking standards and floor area of the proposed dwelling units. The applicant is proposing to construct a parking area measuring 9.2 metres wide by 12.2 metres long (34 feet by 40 feet) which is of sufficient size to accommodate the four parking spaces required by the Zoning By -law. The proposed floor plan of the dwelling unit provides approximately 106 square metres (1140 square feet) of floor area, exceeding the 69 square metres (742 square feet) required for a three bedroom unit in the Zoning By -law. Closure of the driveway onto Westmorland Road that is closest to the building is being proposed by the applicant with a new driveway to be constructed to access Jardine Street (from a site visit, it was noted the driveway onto Jardine Street has been constructed). Municipal Operations and Engineering is requiring that one of the driveway entrances from Westmorland Road be removed and the sidewalk and curb at the intersection of the driveway and Westmorland Road be reinstated by the owner to match the existing curb and sidewalk. In addition, permits will be required for the driveway construction and Municipal Operations and Engineering will require a drainage plan for this work. CONCLUSION: The proposed rezoning to allow for the construction of a third dwelling unit in the building located at 42 -44 Westmorland Road is appropriate given the character of the neighbourhood. To limit the impact on the neighbourhood, it is recommended that a condition be added to the rezoning limiting the number of dwelling units in the building to a maximum of three. Conditions are also recommended pertaining to the reconfiguration of the driveways on the site. MR Project No. 10 -118 160 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT Ov. WOOOMn AY. I - -2 6• aah�r�, Subject Site /site en question: - Location: 42-44 Westmorland Rd. 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T� /s r4rn c7 O COO %dciv2 a p a s toe- a s e .. � Xet ` C,(,Icc Mel 180 BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: I A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 212 immediately after Section 211 thereof, as follows: The City of Saint John does hereby stop up and close permanently the following portion of highway: SUSSEX DRIVE: All that portion of Sussex Drive, a public street in the City of Saint John, County of Saint John and Province of New Brunswick comprising 1,250 square metres shown on a Plan of Survey dated March 23, 2010 titled: "Plan of Survey Showing Portion of Sussex Drive To Be Closed by The City of Saint John, Situate Sussex Drive, City and County of Saint John, Province of New Brunswick" prepared by Kierstead Quigley and Roberts Ltd. Attached hereto. 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 ARRETE N° M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : 1 Par les presentes, 1'arrete de The City of Saint John intitule, « L'arrdte sur ]'interruption de la circulation et la fermeture des routes dans The City of Saint John >>, ddcrdtd le 19 decembre 2005, est modifie par I'ajout de I'article 212 immediatement apres I'article 211, comme suit : Par les presentes, The City of Saint John barre et ferme de fagon permanente ]a portion d'une route suivante : PROMENADE SUSSEX: Tout la partie se la promenade Sussex, une rue publique dans The City of Saint John, comte de Saint John et dans la province du Nouveau - Brunswick, d'une superficie de 1 250 metres canes et delimitee sur le plan d'arpentage ci joint du 23 mars 2010 intitule ((Plan d'arpentage montrant une partie de la promenade Sussex que fennera The City of Saint John, du comte de Saint John, dans la province du Nouveau - Brunswick» et prepare par Kierstead Quigley and Roberts Ltd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrdte le _ 2010, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - May 10 "', 2010 Premiere lecture - le 10 mai 2010 Second Reading - May 10", 2010 Deuxieme lecture - le 10 mai 2010 Third Reading - Troisieme lecture - 181 AIR Cord cob[A i tier j J rrf r r Im f I r.1. w •wla•r+ fw f �p •1 ru+)r�± •wlY�w fi j d .�. 'fiiilw '•Y •� ftt 4 / Y lWlYr W.r,r clef � I W wrW 'lr •a11W! M / Cp• A /fflryr.Y aY M iw N��• 'M R4wI �• Ilr.f r. .r Iru• +.. •11�IIfR w..w I� rs • nra•i. •rewM• ,a w• // APPROVALSr A w ~f a•Yf. t' f Pax D&e / Yy, Portl Sulaax . ... • �. .. JPIIY N i/W [.Ilpllr 1. ,•. � nr•ly ww+..arl•. ww•r•r 182 �! a ,.Coll C ro SWY�ai.r.v}.,..y .A7 ♦f�iµi....H plp. a! S.m/rp Irmp- lga Showing paA= of Suels� 6me Montront une pwGon de la Promenade Sussex at Sufi ,11&%Nk W SWO der - SPIN ;r; rm . C 16 da $dlfl MJ Laa..{q I J l�Iri.7r �y la~il . , I. +r• i■.w fv'•. rl .� 1 q' Mb. •.M I..IIrw.. V +. . a f .w. f.l.. I.al. r.. •.. r+ rr wTM�r 'fi rwn� r a.! .• r y JYb :• llI M • Y..•rN 1 •w w. 4 � 1�Q a• . h /� r...r a rte•, tee. JPIIY N i/W [.Ilpllr 1. ,•. � nr•ly ww+..arl•. ww•r•r 182 �! a ,.Coll C ro SWY�ai.r.v}.,..y .A7 ♦f�iµi....H plp. a! S.m/rp Irmp- lga Showing paA= of Suels� 6me Montront une pwGon de la Promenade Sussex at Sufi ,11&%Nk W SWO der - SPIN ;r; rm . C 16 da $dlfl MJ Laa..{q I J l�Iri.7r �y la~il . , I. +r• i■.w fv'•. rl .� 1 q' Mb. 102, BY -LAW NUMBER C.P. 110 -142 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: I Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1 hectare, located at 210 Lakewood Avenue, also identified as being a portion of PID number 55190599, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2010 and signed by: Mayor /Maire ARRETE No C.P. 110-142 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -ncuf (19) decembre 2005, est modiee par: I 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 1 hectare, situee au 210, avenue Lakewood, et etant aussi une partie du NID 55190599, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» a zone rdsidentielle — habitations unifamiliales et bifamiliales c<R -2» - toutes les modifications sont indiquees sur le plan ei joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2010, aver les signatures suivantes Common C1erk/Grefftere communale First Reading - May 10`h, 2010 Premiere lecture - le 10 mai 2010 Second Reading - May 10`", 2010 Deuxieme lecture - le 10 mai 2010 Third Reading - Troisieme lecture - 183 PLANNING AND DEVELOPMENT 1 URBANISME ET D�VELOPPEMENT REZONING 1 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 FROM 1 DE TO 1 A RS -1 R -2 One and Two Suburban Family One and Two Family Residential 1 Residential 1 Zone residentielle Zone residentielle- habitations de banlieue- habitations unifamiliales et bifamiliales unifamiliales et bifamiliales Applicant: Bev and Kathy Purinton Location: 210 avenue Lakewood Avenue PID(s)INIP(s) Portion of/de 55190599 07P22SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: May 20 mai, 2010 Considered by P.A.C.Iconsid &6 par le C.C.U.: May 4 mai, 2010 Enacted by Council /Approuvi§ par le Conseil: Filed in Registry Office /Enreglstro§ le: By -Law #IArr8td #: 184 May 13, 2010, Your Worship and Members of Council, Subject; Adoption of Name Rainbow Park Motion: That council officially adopt the name "Rainbow Park" for the South End playground commonly known as that. At a recent meeting attended by me and Councillor Snook, it was suggested that no official naming had ever taken place. This is simply a motion to confirm current practice. Respectfully submitted, (received via e-mail) Councillor Carl Killen l� SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 185 May 19,2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Childhood Obesity Dr. Susan Sanderson was recently appointed to the Leisure Service Advisory Board. She is an expert in the field of childhood obesity. This was one of the reasons the nominating committee endorsed the Leisure Services Advisory Board's recommendation to appoint her. Recently the Province of New Brunswick's children were identified as being the least active among Canadian youngsters and that one in five children fit the definition of obese. The children of our province are described as being "dangerously physically inactive. "* It is important that we respond as a municipality in a proactive manner. I recommend that Dr. Susan Sanderson help the City of Saint John Leisure Services Department form a comprehensive response to this issue. Perhaps she could lead a subcommittee of the Leisure Service Advisory Board and bring forward recommendations that could be implemented by our City's Leisure Services Department to help combat childhood obesity. For instance, our municipality could consider: • Eliminating video games in our community centers or limiting the amount of time a child should be able to be involved in such activities. Perhaps children could earn time on video games /computers by being involved in physical activity • Eliminating junk food and soft drinks in Community Centers and promote /provide "healthy snacks" • Implementing programs that promote good health and physical activity in our community • Creating a public awareness campaign promoting active and healthy lifestyles Motion: Refer to the Leisure Services Advisory Board. Respectively Submitted, Councillor Donnie Snook *Active Healthy Kids Canada Report, Telegraph Journal fr SMNT If- -)H a P.O. Box 1971 Saint John, NB Canada E21- 41-1 vwwv saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21- 4L1 186 �IL� May 25, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Economic Development in the Cities of Moncton and Fredericton Context: It appears the above two municipaIitles have or are in the process of 'refocusing' municipal resources to support the economic growth of their cities. Enclosed are descriptions of such municipal refocusing. It is especially interesting to note the role of Don Fitzgerald, who within the City of Fredericton, will oversee the City's strategic initiatives and contact various levels of government on behalf of the City. The City of Moncton has their own Economic Development Office. Motion: Receive and File. Res fully bmitt d, Peter McGuire Councillor — City of Saint John SAINT JOHN ----------- P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohmca I C.P. 1971 Saint John, N.-B, Canada 'i=2L 40 187 City of Fredericton Frederi to ]tonic Conlacl Usl Si(t" Map I aFrncais All City Services • e • d Police Force Fire Department s s Home / City Government i�ra!ar ! P;�q srrnn� t� r:eF t � rrs r -pus RELATED CONTENT Contact Corporate Communications I1 Search Economic Development Enters New Phase at Fredericton City Mall Page 1 of 1 Fredericton (March 24, 2009) - Fredericton City Council has approved a new approach to economic development initiatives at City Hall. The Team Fredericton model will be refocused to emphasize support for strategic initiatives and to further develop Fredericton's reputation as an intelligent community, while still providing ongoing marketing and promotional support for economic development. t e t, "This is a natural evolution and a logical extension of Team Fredericton's original mandate," said Mayor Brad Woodside. "While the phrase 'Team Fredericton' will disappear, the City's support for economic development will be enhanced. Now is the right time to refocus municipal resources to support the winning efforts of the local business community." Don Fitzgerald, Team Fredericton's executive director will become Executive Director of Strategic Initiatives for the City with responsibility for managing the city's strategic initiatives and projects. He has also been appointed the senior staff liaison to City Council's Planning & Priorities Committee, which will involve ongoing contact with various levels of goverttnent and community builders. His duties will also involve an element of research and a focus related to best municipal practices. Fitzgerald will also lead the municipality's "Intelligent Fredericton" effort - working with local business sectors to further promote and build Fredericton's reputation as a knowledge economy, The Team Fredericton Advisory Committee will become Ilse "Mayor's Intelligent Community Advisory Committee," Laurie Guthrie Hayes, the Team Fredericton Promotions Officer, will move to the City's Development Services Department where she will focus on activities associated with the Runway Business Park Network., the City's Business Ambassador Program, as well as City - focussed business promotional material, web content, the City's community profile, and related activities. The changes take effect immediately. The formation of Team Fredericton was announced on November 9, 2001 as the outcome of a two -day Mayor's Economic Think Tank hosted by then -Mayor Les Hull and attended by 30 Fredericton business leaders, senior municipal stafrand local federal and provincial politicians. The goal was to develop strategies aimed at fuelling the Capital City's growth. Today, the Fredericton is recognized as one of the most intelligent communities in the world, a leader in green technologies, and a proud supporter of heritage and culture in the corm unity. The city offers a balanced and enviable lifestyle to its residents. -30- Media Contact: Don Fitzgerald, Executive Director, Strategic Initiatives, City of Fredericton, 506 -460 -2595 Isp 0 City of Fredericton. All rights reserved, Websiie Disclaimer I Site Man F Tj c;ompnarr Powerod by CCt?$tt' 1 �W TnrsreKllx;r:mtr€ce http:// www, fredericton. ca/ en/ citygovemment /2009Mar24Tea8mFtonNew .asp 19/05/2010 Economic Development Office _L/ M -.0N r i O Page 1 of 1 Home I Contact Us I fraripis I Search: Printer - friendly I A A A > Horne > Government - Departments - Lconomic Development Office Departments Economic Development Office Contact Us Building Inspection Staff in the Economic Development Office are accountable for the planning, Economic Development City Clerk organization, coordination, and execution of City of Moncton initiatives in its office efforts to identify economic development opportunities for the municipality and City Hall (2nd floor) City Manager to create an environment that emphasizes Moncton's "open for business" 655 Main Street Communications attitude. Moncton, N.B. E1C 1E8 Corporate Planning k Poticy Staff in the Economic Development Office also: Tel: 506- 853 -3333 Devetopment Fax: 506 - 859-2610 Economic Development Lead the development and implementation of a comprehensive Economic Ben Champoux Office Development Strategy for the City of Moncton; Business Development Engineering, & Environmental Maximize public and private relationships with other individuats and groups Specialist services pursuing economic development initiatives; Tel: 506.853 -3518 Finance fi Administration Manage relationships with all stakeholders at the local, provincial, and E -mail Human Resources national levels to coordinate and maximize efforts around economic Kevin Silliker development for Moncton: Business Development Information Systems Officer Guide development requests and projects through the municipal approvals Legal TeL• 506-653-3532 process; E-mail Moncton Fire Department Ensure the necessary economic development information on Moncton is Recreation, Parks fz Culture available to all parties interested in doing business in the City of Moncton: Annie L. r Office Coordinator Public Works The Economic Development Office is located on the second floor of City Hall. TeL• 506- 389 -5980 Mayor's Office E -mail Committees City Council Careers Media Room Policies and Publications " intelligmt F a�efar Capital Works Projects � ��,lr9 City's Side Moncton named to ICFs Top 7 Intelligent Moncton- Kaladougou Partnership Communities. More... Bilingual Services Budget 2010 Moncton 1!`C Weather Forecast * City of Moncton, New Brunswick, Canada 2010 «Ville de Moncton, Nouveau- Brunswick, Canada 2010 Careers I Links I Terms of Use t Site Map http:// www. moncton. ca/ Government /Departments /Economic8beve] opment_Office.htm 19/05/2010 Y 1' May 25, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Community Engagement In Lorneville Context: At the recent General Meeting of the Lorneville Recreational Association, residents raised a number of issues which I feel City of Saint John staff could provide valuable direction and support. Issues raised included: gaining an understanding of unsightly premises and derelict building legislation, becoming engaged in the PlanSJ process and an expressed desire to erect a sign indentifying their neighbourhood. The expertise of our Communications, Planning and Development and Building inspection Services may be the most appropriate entities to support this neighbourhood. The President of the Lorneville Recreational Association is Mr. Joe Williams. He can be reached at 333 -5621. It should be noted that Mr. Tim O'Reilly, who has been fully engaged with this neighbourhood for an extended period of time, presented at this meeting regarding vehicle speed safety. This presentation was very well received. Motion: That the City Manager direct the appropriate City of Saint John staff to connect with Mr. Joe Williams, President of the Lorneville Recreational Association, to collaborate on action steps to rectify a number of neighbourhood issues. (spec llvt%bmitted, r Peter McGuire Councillor — City of Saint John 44)-" SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.R. 1971 Saint John, N.-B. Canada E21L 4L1 190 ::�z�I�F•I�i: ^d `1 r �w May 25, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Crescent Valley Neighbourhood Safe Passage Context: For the past several weeks a tire / car wash / vehicle sales establishment has positioned itself on the corner of Samuel Davis Drive and Somerset Street. Children and young mothers frequently use this area to gain safe passage to a variety of Community services. This neighbourhood needs the full support of The City of Saint John. Motion: That the City Manager report back to Council in two weeks' time with respect to the municipal appropriateness of a newly established business positioned on the corner of Somerset Street and Samuel Davis Drive. w / Councillor — City of Saint John SAINT JOHN RO. Box 1971 Saint John, NB Canada E21- 4L1 I www- saingohn.ca I CP. 1971 Saint John, N. -B. Canada E2L 41-1 191 fit, L 1 May 25, 2010 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Fairville Boulevard Business Corridor Context: This corridor has many possibilities for continued economic growth. The 2010 Budget identified a corridor planning exercise for this area this year which would identify further municipal enhancements. Motion: That the City Manager report back to Council in two weeks' time with respect to the status of the Fairville Boulevard planning exercise. 4die t lly submitted, r � Pkte rir 4eG u ire Councillor — City of Saint John 4 04i SAINT JOHN `---ter P.U. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 192 REPORT TO COMMON COUNCIL 7 May 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Award of Proposal for Consulting Services Organizational Alignment BACKGROUND: �o City of Saint John A new organizational structure that is designed to achieve Council's stated priorities and support cost effective service delivery is a key step in the City Manager's plan to renew the City operation. All aspects of the current organizational structure will be scrutinized including number of departments, span of control, service mix etc. It is anticipated that this review will be completed by the end of August. Implementation of the revised organizational structure will follow immediately afterwards. Using outside expertise to facilitate the review will provide an objective and independent perspective and also allow us to benefit from external research on best practices. A facilitated approach that seeks internal input will better ensure support for the selected outcomes. Using staff support to undertake some of the background work under the direction of the consultant will also help to minimize the cost and serve to transfer knowledge of the processes and techniques employed during the project. ANALYSIS Proposals were requested from qualified consultants to review the current organizational structure and make recommendations for improvement that will create a service- based, results oriented, high performance public service organization. Four firms chose to respond by submitting offers; • Performance Concepts Consulting Ltd • KPMG • Royer Thompson • Knightsbridge Robertson Surrette 193 In keeping with the City's policy and procedures related to proposal calls for the Engagement of Professional Services, immediately following the public opening the bids received were referred to an evaluation committee consisting of staff representatives from the Fire Department, Materials and Fleet Management, Corporate Planning and the City Manager's Office. The evaluation committee reviewed each bid on its technical aspects as they related to the standard criteria, including experience of the vendor with related projects and the methodology to be employed. This review resulted in the proposal from Knightsbridge Robertson Surrette being unanimously ranked first by all evaluation team members. The firm was then invited to participate in an oral presentation to address any questions posed by the evaluation team. At the end of this process the evaluation committee unanimously selected the proposal submitted by Knightsbridge Robertson Surrette as the one that best met all the expectations of the project. The consultant will lead the project and work with City staff to complete a review of the current structure and make specific recommendations for improvement. Designated staff will work with the consultant providing logistical support for the review of the organizational structure and key operational processes, as well as background for the formulation and evaluation of improvement options and the creation of recommendations for the consideration of the City Manager. The consultant will manage the review process, identify methods to engage and obtain feedback from the stakeholders, facilitate communication with employees and other stakeholders, identify best practices in comparable organizations (service - based), and provide independent expert advice and recommendations to the City Manager. FINANCIAL, CONSIDERATIONS: The upset price for consulting services to lead the review of the current organizational structure and make recommendations for re- alignment if awarded as recommended will be $50,000.00 plus HST. The actual cost will be based on the number of days of consulting services provided. Staff involvement in the research phase will limit the total outlay. Funds are available in the operating budget to cover all related costs. 194 RECOMMENDATION: It is recommended that Common Council accept the proposal submitted by Knightsbridge RobertsonSurrette for consulting services (Proposal 2010- 092202P) to undertake a review of the current organizational structure, at a cost not to exceed $50,000.00 plus HST and that the Mayor and Common Clerk be authorized to sign all related documents. atrick Woods CGA City Manager 195 OUR CIIYo OUR FUTURE NOTRE VILLE* NOTRE AVENIR UFM SrRMGIES INC SAJW FOHN Wil." riolu A Where We Are June 121hPublic Workshop Invitation to Get Involved Stay Tuned! 197 I. Timeline and Consuftation Activities / Calendrier et activit6s de consultation Winter/Rwer SpnngfPnntempe Summer/&d FaiVAutoum &Winler/}{aw 2009 2010 2010 2010 2010/2011 2011 Prgect Pubk Dofininglsouaa satcngtno ConllrmodPlan Draft Flrmd S-wng Isanxh &Qpperlundm Deedt= for l3raMbMw Munsapal Mun Chengo PWn Plan rAncsraW,. as erysua Dcb mturtwn Cordamebm du gbeuohe du Pla o VNMR ddf now PLOW IK des perapactnes de rommobon pion de crussume derrr{ea/rlmerrt dt+Plen mumorpN at da drarrrrnent Sta7c*4der koffl wrs, QpPartprrigaa a CgrMnurdnrapm Hours, Foonorouir'sasSW46 Po tcHOMS PODOPr9l aLLOWMh OMrsrAan Wortsrhow YAMErroatrlant CanutrunrbrapanHM* offteo aes Yquttk Eto} mwit Entrevuasevecles Aww2r 1opmwe" /at "OPMnol""M sea I" itt+ leilk Aoftroaptb*Ades snl*nvenaats.lancemerrt pMtrya040M 404dwK )w We OPO MlM pubhodupmjet parbppiMla>•dasJruruts 1rM'fltlPa40adl#jarlNla Pet swig Upowla oftallliifr Ongang pubic engagement activnles indude the Plan SJ storefront, nemlettern, Facaboox, Fttimer, video and Cmzen Advisory Commmee Spring 2010 — Opportunities &Directions Workshop w'F'' Saturday June 12t ", 10am to 4pm Harbour View High School Gym K--A 305 Douglas Avenue 102 What will Saint John to be? Roll up your sleeves for a hands -on PlanSJ workshop that will inform the new Municipal Plan! Please register by June What pla nsi @sa intioh n.ca; 635 -2000 or at the PlanSJ Storefront in Brunswick Square. a.Z 10-12:30pm Setting the stage Saint John Today Strengths & Opportunities 1 -p Establishing the Direction Saint John Tomorrow Working Groups Children's Activities 001 • • • New Storefront Panels —June 1 Fact Sheets Public Engagement Summary Workbook A4-ns I4i°I Mom bM rth.h qg Chi M Ns Rnn,r k 5.lrr frrr3y I»pul.nnn add. in the d to't :SN r `x.hsrcC N mrune ­1- d..... —" a an4 r,r,. n. M.M m- ar.e rghm f3.gr h s'7N5 C newlly garalan9. pWtil yOrlh .n �rV4 an Lih Yrs.�dllLul[tl lu low" h. uly.'•,.I- b— m Rr o.4" Ly77- Uke m.r+y �I a nW rn Of CoyMry, $.Int lane 11U rw riCrl Rilyd Qbr9 MOI��I L�r- yen.l. 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Rw .RR_K...r ►wmreynNal I y/ +r. *7 a Invitations to the Opportunities & Directions Workshop: Radio On -line a . �mun� cations Launch May 25tH � � 1U 203 lip Next Steps Public Engagement Summary Directions &Options for Growth Fall 2010 Public Open House Stay Tuned! 204 OUR CITY-* OUR, FUTURE NOTRE VILLE* NOTRE AVENIR Stay in touch with the PlanSJ team: Web: www.saintjohn.ca /PlanSJ Email: PlanSJ@saintjohn.ca Facebook Phone: 506 635 2000 uRHAN STRATEGIES ,. INC SAINT JOHN 205 Iqu REPORT TO COMMON COUNCIL M &C2010 -130 April 23 ", 2010 � n _ His Worship Mayor Ivan Court And Members of Common Council The City of Sint loin Your Worship and Members of Council, SUBJECT: MARSH CREEK DRAINAGE BASIN PIPED STORMWATER DIVERSION SYSTEM BACKGROUND High water in the Marsh Creek floodplain has been a risk to people, their properties and their businesses, since human intervention and land reclamation began there over 200 years ago. Despite man's best efforts, flooding remains a reality today for much of this low -lying, flat tidal basin. Although gates at the Courtenay Bay causeway hold back sea water at high tide, heavy natural runoff can overwhelm the capacity of Marsh Creek to carry it away. Hydrologic (rate /volume of runoff) and hydraulic (flow in channels, pipes and conduits) analysis of the watershed shows that much of the floodplain is below sea level during high tide. Moreover, outflow is restricted by manmade barriers and a narrow, very flat channel - causing waters to drain very slowly from the watershed basin. At high tide, with the tidal gates closed, no water escapes. Earlier reports to Common Council deal, in whole or in part, with this topic: ■ Flooding June 4-5 Glen Falls, M & C 2006 -170, June 13", 2006 ■ Storm Water Management Strategy, M & C 2006 -241, August 22', 2006 ■ Storm Water Management Strategy, M & C 2007 -53, March 81", 2007 ■ Stormwater Management Strategy, M & C 2008 -345, November 19`", 2008 ■ Engineering Design Services: Marsh Creek Drainage Basin - Piped Stormwater Diversion System, M & C 2009 -159, May 28", 2009 ■ Marsh Creek Drainage Basin: Piped Stormwater Diversion System, M & C 2009 -219, July 27`", 2009 ■ Stormwater Management - Marsh Creek Drainage Basin, M & C 2009 -361, November 5", 2009 STORMWATER MANAGEMENT -MARSH CREEK DRAINAGE BASIN 206 Marsh Creek Drainage Basin - Piped Stormwater Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 2 Purpose of Report This report will review the costs, benefits and feasibility of a piped stormwater diversion system for the Marsh Creek drainage basin and make recommendations on such an infrastructure initiative. ANALYSIS Three technical reports, prepared by consultants on the City's behalf, guide our analysis: • Stormwater Management Strategy, City of Saint John, Terrain Group Inc., September 91", 2008 ■ Environmental Impact Assessment Marsh Creek Stormwater Diversion System (Registration Document), City of Saint John, AMEC Earth & Environmental, September 2009 ■ Preliminary Design and Cost vs. Benefit Analysis for Marsh Creek Drainage Basin - Piped Stormwater Diversion System, City of Saint John, Terrain Group Inc., December 17`h, 2009 The history of efforts to mitigate Marsh Creek flooding has been long. An extensive watershed study was undertaken in the mid 70s, on behalf of Environment New Brunswick and the City of Saint John, after major flooding events in February 1970, December 1974, November 1975 and January 1976. The resulting flood reduction program led to construction of the Upper Glen Falls Reservoir -a substantial dam and flow control structure, located in a natural valley north of Glen Road. Following serious flooding in early 1981, the NB Department of Transportation replaced a culvert structure at Marsh Creek with the Marco Polo Bridge in 1982. Within the last decade, expanded box culverts have been installed under both Simpson Drive and Rothesay Avenue. A floodway (excavated retention basin) in an area between Golden Grove Road and Brown Street was also constructed. Despite infrastructure "improvements ", flooding still occurs after heavy or even moderate rainfall events, including in recent years: ■ June 3 -4, 2006 ■ September 7, 2008 ■ August 29 30, 2009 ■ October 2536, 2009 116 mm over two days 145 mm in 12+ hours (Hurricane Hanna) 107 mm (Tropical Storm Danny) 117 mm The June 2006 experience led to development of a Stormwater Management Strategy. One focus of this study was to assess the Glen Falls flood risk area. Following a public call for proposals, the Terrain Group was engaged in March 2007 to carry out the work. STORMWATER MANAGEMENT STRATEGY 207 Marsh Creek Drainage Basin - Piped Stormwater Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 3 Stormwater Management Strategy The report on the Stormwater Management Strategy, presented to Council on December 8`", 2008, documented a comprehensive management plan for storm drainage, with three main components: 1. Storm Drainage Design Criteria Manual Standards for analysis, design, review and assessment of storm drainage systems -as policy of the City. 2. Marsh Creek Watershed Assessment Detailed review of the Marsh Creek basin, with recommendations to reduce the frequency and impact of flooding. Primary among these was a piped storm water diversion system. 3. Delineation and Analysis of Other Drainage Basins Delineation of more than 600 drainage watersheds in Saint John - prioritized for detailed analysis. Storm Surge Risk Terrain's Marsh Creek analysis commented on a different type of potential flooding scenario: caused by a Bay of Fundy storm surge. Although rare, a large storm surge at high tide could have catastrophic consequences in the floodplain. Storm surge risk needs to be factored into flood mitigation plans; the power of Fundy could abruptly overwhelm any infrastructure constructed to mitigate the effects of stormwater runoff. Terrain's Recommendations In its Stormwater Management Strategy report (September 9", 2008), Terrain put forward five (5) recommendations related to the Marsh Creek drainage basin - three* ** designed to reduce the impact of heavy runoff: 1. ***Construct a closed pipe diversion system to divert water from the upper areas of the watershed to Drury Cove (Kennebecasis River); to redirect about 50% of the basin's total drainage, greatly reducing potential for flooding. 2. 'Install a high flow low head pumping station at the Courtney Bay Causeway to reduce forebay water levels during high tide or install operable sluice gates at the Causeway to allow the forebay to completely drain in one tide cycle. 3. ***Replace the triple culverts at the CN Rail crossing of Marsh Creek, at the entrance to the forebay, with a bridge. 4. Consider future construction of a levee at the Causeway capable of holding back high tide plus a 2.0 metre storm surge and wave action. S. Provide controls over future development in the Marsh Creek watershed; set safe elevations for structures and restrict any further impingement or encroachment on the Marsh Creek channel itself. Flood Reduction Program "°" The first three of the above measures, together, could significantly reduce the frequency and impact of heavy stormwater runoff on Glen Falls and the overall risk flooding in the Marsh Creek drainage basin. STORMWATER MANAGEMENT STRATEGY 208 Marsh Creek Drainage Basin - Piped Stormwater Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 4 Piped Stormwater Diversion System - Construction One of the staff recommendations on the Stormwater Management Strategy, adopted by Council, related to a possible Marsh Creek stormwater diversion system: "Consider the Possible Implementation Plan for a Marsh Creek Stormwater Diversion System, as outlined ..., and be prepared to approve an allocation of $500,000 in the 2009 Capital Program (Storm) for a preliminary design and full cost - benefit analysis of such a diversion system. Full funding commitment would depend on cost - benefit feasibility and Council approval." On June 155, 2009, Council authorized the engagement of the Terrain Group to undertake a preliminary design and cost -benefit analysis for Marsh Creek stormwater diversion. On August 45h, 2009, Council was updated on project status and a Public Information Session being held for area residents and businesses on August 125h. In its report, staff advised that Council: consider a recommendation on the actual project, subject to technical and financial feasibility, affordability in the context of overall municipal priorities, and required cost-sharing with the other two levels of government". The well attended public meeting provided an overview of the diversion concept and information on the environmental impact assessment process to be undertaken. While lots of people support the project, many others have cost and environmental concerns. A piped stormwater diversion (relief) system would require construction of a network of large diameter storm sewer piping, with up to 12 inlet structures to capture excess runoff from the upper parts of the Marsh Creek watershed, including Mystery Lake water from Cold Brook, the outflow from the Glen Falls Reservoir and other smaller streams tributary to Marsh Creek. Depending on the extent of a system ultimately designed, the preliminary locations of possible inlet structures are shown on the attached map: MC -01 Rockwood Park MC -02 Ashburn Lake Stream MC -03 Lawlor Lake (at Brookville Quarry) MC -04 Marsh Creek (Branch, above Connaught Avenue) MC -05 Marsh Creek (Branch, above Glen Road) MC -06 Marsh Creek (Main, outflow from Glen Falls Reservoir) MC -07 Marsh Creek (Branch, behind Glen Road Mobile Home Park) MC -08 Cold Brook (Golden Grove Road) MC -09 Majors Brook (between Mountain Road Court and Glengarry) MC 10 Majors Brook (off Mountain Road) MC-1 1 Majors Brook (McAllister Drive) MC 12 Majors Brook (McAllister Drive) STORMWATER MANAGEMENT STRATEGY 209 Marsh Creek Drainage Basin - Piped Stormwa ter Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 5 Water from the system would flow into the Kennebecasis River through an outlet constructed at Drury Cove. A schematic drawing showing typical inlet and outlet structures is attached. Base flows in tributaries would continue, maintaining normal flow levels in Marsh Creek itself. During heavy rains, excess runoff that could otherwise cause flooding, would be captured by the diversion system and redirected to Drury Cove. This would only occur in rainfall events that pose a flooding threat; typically not more than two or three times a year. The total volume of water directed through the diversion system would represent about 5% of the annual drainage basin runoff. At times of low or normal flow, flow to and in Marsh Creek would be unaffected. The closed pipe arrangement, with water entering at higher elevation, would pressurize the water in the pipe; pushing it down through the Marsh Creek area and into Drury Cove. The pressurized system avoids the hydraulic inefficiencies in the long flat section of Marsh Creek preceding discharge to Courtenay Bay. Individual inlets would redirect varying volumes of water and, as such, would contribute to different extents to overall flood reduction potential. The stormwater diversion system can be looked at as four (4) subsystems, outlined in Table 1 below. The estimated cost to construct each sub -system is provided, along with anticipated flood reduction benefit in centimetres of flood reduction. TABLE 1: FLOOD REDUCTION IMPACT AND COSTS BY DIVERSION SUBSYSTEMS Flood Flood Unit Cost Sub-System Cost Reduction Estimate Marsh Creek and Cold Brook Inlets A 51 cm $21,645,000 $424,400/cm (MC -04, MC -05, MC -06, MC -07, MC -08) Rockwood and Ashburn Lake Inlets B 6 cm $6,855,000 $1,142,000 /cm (MC -01, MC -02) C Lawlor Lake Inlet (MC -06) 1 cm $2,312,000 $2,312,000/cm Majors Brook Inlets D 3 cm $10,419,000 $3,473,000/cm (MC -09, MC 10, MC 11, MC 12) Total All Sub -Systems 61 cm $41,231,000 $676,000/cm STORMWATER MANAGEMENT STRATEGY 210 Marsh Creek Drainage Basin - Piped Stormwa ter Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 6 Environmental Impact Assessment Construction of a diversion system to reduce the risk of flooding in the Marsh Creek area would require an environmental impact assessment (EIA) in accordance with the New Brunswick Clean Environment Act. An extensive registration document was submitted to the New Brunswick Department of Environment on September 18", 2009. Land Requirements Construction of a piped stormwater diversion system will require easements through some 78 properties, a number of which are already owned by the City of Saint John. TABLE Z: LAND ACCESS REQUIREMENTS — STORMWATER DIVERSION SYSTEM Sub-System # Properties Area (m2) Marsh Creek and Cold Brook Inlets A 51 22,930 m z (MC -04, MC -05, MC -06, MC -07, MC -08) Rockwood and Ashburn Lake Inlets B 13,233 m z (MC -01, MC -02) C Lawlor Lake Inlet (MC -06) 5 5,452 mZ Majors Brook Inlets LD 16 10,181 m Z (MC -09, MC 10, MC 11, MC 12) Total All Sub-Systems 78 51,796 mZ Climate Change Climate change could increase the probability of an extremely severe weather event occurring in a given year. Cons tructa bility Constructability issues could factor into implementation of a project of this nature and magnitude, including: ■ Environmental considerations, EIA approval and wetland delineation ■ Groundwater conditions ■ Rock and other soil conditions ■ Work in vicinity of NB Highway #1 (Throughway) and need for an approved Highway Usage Permit (HUP) ■ Rail line crossing requirements ■ Work around the infrastructure of various utilities (Bell Aliant, Enbridge Gas, SJ Water, SJ Energy, Maritimes and Northeast Pipelines, Rogers, NB Power) ■ Traffic management STORMWATER MANAGEMENT STRATEGY 211 Marsh Creek Drainage Basin - Piped Stormwa ter Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 7 Related Flood Reduction Measures - Lower Marsh Creek As summarized in Table 3, two other projects, complementary to a stormwater diversion system, could provide meaningful flood reduction in the lower portions of Marsh Creek (but would give little, if any, relief to the Glen Falls area): ■ Upgrade of the CN culverts (below the Marco Polo Bridge) ■ Forebay pumping facility or sluice gates above the Courtenay Bay Causeway TABLE 3: FLOOD REDUCTION IMPACT AND COSTS OF COMPLEMENTARY MEASURES LOWER MARSH CREEK Flood Flood Estimated Unit Sub-System Cost Reduction Cost E Upgrade CNR Culvert to Bridge 5 cm $1,000,000 $200,000 /cm Pumping or Sluice Gates in Courtenay F 14 cm $8,000,000 $571,400/cm Bay Forebay / Causeway Total Complementary Measures 19 cm $9,000,000 $473,700/cm Costs Versus Benefits Analysis A cost benefits analysis is a decision - making tool that seeks to compare the costs and benefits of a project in terms of equivalent dollar values; making assumptions to predict future conditions. A cost versus benefit comparison is one factor among many that need to be considered in deciding on a major infrastructure undertaking of this nature; weighed in the context of the City's jurisdictional mandate, its service and infrastructure obligations, and obvious fiscal realities. The analysis prepared for the Marsh Creek Stormwater Diversion Project considered the costs of construction, infrastructure maintenance, land acquisition and debt financing. These were compared with two quantifiable benefits: potential reduction in flood damage and potential increased property tax revenues for the City and the Province. Other possible environmental, safety and health benefits are difficult, if not impossible, to properly quantify in economic terms. The cost -benefit report puts forward two diversion scenarios: (1) full project; and (2) partial project. The costs associated with each of the options are summarized in Table 4. The partial project would consist of Sub System "A" (Table 2), incorporating the Marsh Creek and Cold Brook inlets (MC -04, MC -05, MC -06, MC -07 and MC -08). STORMWATER MANAGEMENT STRATEGY 212 Marsh Creek Drainage Basin - Piped Stormwa ter Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 8 TABLE 4: ESTIMATED PROJECT COST SUMMARY — STORMWATER DIVERSION SYSTEM Cost Factor Full Diversion Partial Diversion 1 Construction and Land (3% inflation) $47,037,000 $24,643,000 2 Maintenance (3% inflation) $23,612,000 $12,371,000 3 Debt Servicing (5.5% inflation) $20,696,000 $10,843,000 Total Costs (50 -'ear Lifespan) $91,345,000 $47,857,000 Initially, the consultants had provided an order of magnitude estimate of $18 million for construction of the diversion project. After preliminary design and a thorough analysis, project cost estimates have increased substantially. The total estimated cost of a full diversion project (all inlets) is approximately $91,345,000 over the 50 -rear lifespan of the infrastructure, while calculated benefits (damage reduction and increased tax revenue) are estimated at about $201,892,000. Construction of a partial project would cost about half as much, $24,643,000 (with 3% inflation). Ongoing maintenance and debt service costs directly attributed to the infrastructure would also be comparably less. In terms of benefits, a partial project would offer estimated benefits of about 80 %($161,513,000) the full project. The costs (construction, land, maintenance and debt servicing) and future benefits were discounted to present value for comparison purposes. Table 5 summarizes cost -benefit ratios for the two scenarios. TABLE 5: COST -BENEFIT RATIOS BASED ON DISCOUNTED VALUES STORMWATER DIVERSION SCENARIOS Low Most Probable High Discount Rate 4% 5% 6% Full Diversion Project 1.14 0.99 0.91 Benefit /Cost Ratio Partial Diversion Project 1.75 1.52 1.34 Benefit /Cost Ratio The detailed analysis and estimates can be provided should Council desire those. STORMWATER MANAGEMENT STRATEGY 213 Marsh Creek Drainage Basin - Piped Stormwater Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 9 The cost -benefit ratio for the full diversion project, at the most probable discount rate, indicates that costs would be roughly equivalent to benefits. At the most probable discount rate for the partial diversion option, benefits would be 52% greater than costs. The cost -benefit analysis indicates that both the full and partial Stormwater diversion projects could be viable. The numbers, however, do not make a clearly compelling case for proceeding with either diversion option, although a partial Stormwater diversion project would be the better option. A chart attached compares the cost of diversion components and other projects against anticipated flood reduction in centimeters. Summary of Terrain's Mamor Findings and Recommendations The major findings and recommendations of the Preliminary Design and Cost vs. Benefit Analysis, undertaken by Terrain, are as follows: ■ The majority of flood reduction benefit associated with a piped stormwater diversion system is derived from Marsh Creek and Cold Brook inlets (MC -04, MC -05, MC -06, MC -07, MC -08); the most cost -effective inlets to construct at $21,650,000, including engineering, contingency, and HST (2009 dollars), but not land acquisition. ■ Other system inlets would be relatively more expensive from a cost and flood reduction perspective; aggregate estimate for construction at $19,590,000. • The City should coordinate with Brookville Quarry on the quarry's plans to construct a dam and outlet from Lawlor Lake; an opportunity for detention storage and additional flood reduction benefit for the floodplain. ■ Consider utilizing Ashburn Lake as a stormwater detention facility. ■ Consider construction of a detention facility to the south of McAllister Place, incorporating a significant existing wetland. ■ Modify dam and control facilities at Mystery Lake to permanently reduce peak flow during significant rainfall events, thereby providing an opportunity to reduce diversion pipe sizes and associated construction costs. ■ After implementation of the Stormwater Diversion Project, upgrade the CN culverts (below Marco Polo Bridge) to provide additional flood reduction, particularly in the lower parts of Marsh Creek. ■ After implementing Stormwater Diversion, consider construction of a forebay pumping facility or sluice gates above the Courtenay Bay Causeway for additional flood reduction, particularly in the lower parts of Marsh Creek. STORMWATER MANAGEMENT STRATEGY 214 Marsh Creek Drainage Basin - Piped Stormwa ter Diversion System April 23 ", 2010 Report to Common Council, M &C 2010 -130 Page 10 COMMUNITY AND LAND USE PLANNING The storm drainage challenges facing this and many other communities are substantial. Dealing effectively with these, in a manner that is both financially prudent and sustainable, calls for a good understanding of the "problem ". Constructing new infrastructure is not necessarily the most viable response to the underlying issue; such systems are expensive to construct and require an ongoing funding for maintenance. The City of Saint John has begun a fundamentally important initiative to develop a new Municipal Plan. This Plan will set out the long -term development vision for Saint John; it will describe the physical pattern of future land uses and establish the policies that will guide growth and change in the community. The long -term strategy for stormwater management needs to integrate into the Municipal Plan. In the Mayor's meeting with the Minister of Environment on the City's drainage issues, the Minister emphasized the importance of planning -based solutions. Such an approach would assure a broad understanding of needs and priorities, and contribute to ensuring wise investment. This was highlighted again when DOE and City staff met in Saint John last fall and visited most of our problem drainage basins. A suggestion put forward for the Glen Falls neighbourhood was to possibly assist families who wish to move out of lower lying areas of the floodplain and restore those areas to their natural wetland condition. This is an option that could be explored with citizens and other levels of government. Investing tens of millions of dollars to divert flows away from a natural drainage basin needs to be supported by a compelling case for the benefits to be realized. Also, Council will need to determine the level of investment appropriate to balance interests across the community in a way that will have the greatest net impact. RECOMMENDATION It is recommended that Common Council consider a piped stormwater diversion system for the Marsh Creek drainage basin only in the context of the new Municipal Plan for Saint John, subject to its financial and environmental feasibility, and clear delineation as an infrastructure investment priority of the City of Saint John. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations and Engineering J. Patrick Woods, CGA City Manager STORMWATER MANAGEMENT STRATEGY 215 014 q E ol 0 471.1, L 2 ;'a l • a CW We 00, rA ia ti /4k J00- INLET= 1? AfC-08 r 216 ly MC49 a FIGURE 1 ro tL MUNICIPAL OPERATIONS & ENGINEERING -E MARSU CREEK DRAINAGE BASIN prp ED SrORMWArER DIVERSION SYSTEM , ���h�'�". w it I terra , Mln A 4- 1P, 014 q E ol 0 471.1, L 2 ;'a l • a CW We 00, rA ia ti /4k J00- INLET= 1? AfC-08 r 216 ly MC49 a FIGURE 1 ro tL MUNICIPAL OPERATIONS & ENGINEERING -E MARSU CREEK DRAINAGE BASIN prp ED SrORMWArER DIVERSION SYSTEM , ���h�'�". w it I terra , Mln H c- 4, P, C- c- �j $ W. 014 q E ol 0 471.1, L 2 ;'a l • a CW We 00, rA ia ti /4k J00- INLET= 1? AfC-08 r 216 ly MC49 a FIGURE 1 ro tL MUNICIPAL OPERATIONS & ENGINEERING -E MARSU CREEK DRAINAGE BASIN prp ED SrORMWArER DIVERSION SYSTEM , ���h�'�". w it I terra , Mln �`o���`` / J`�s1 P TYPICAL INLET STRUCTURE , o 6 /-"� A "o->Xr , 10m M1 r SECTION VIEW B mom 0 PROFILE VIEW A _�- OUTLET STRUCTURE �U -� SECTION VIEW B 1L /1I 1 PROFILE VIE PROFILE VIEW A • ••• 5 0+010 0+020 0+030 " 1 MARSH CREEK & COLD BROOK INLETS (MC -04, MC -05, MC -06, MC -07, MC -08) ROCKWOOD & ASHBURN LAKE INLETS (MC -01, MC -02) MAJORS BROOK INLETS (MC -09, MC -10, MC -11, MC -12) CNR CULVERT UPGRADE PUMPING OR SLUICE GATES IN COURTNEY BAY /FOREBAY TOTAL =80cm terra,in THE SCIENCE OF PRACTICAL SOLUTIONS Suite B13o, Hilyard Place tel. 5o6.634.8719 580 Main Street, fax. 5o6.693.8os6 Saint John, N.B., E2K1)5 www.terraingroup.com $21,645,000 ($424,400/cm) / $6,855,000 / ($1,142, 000 /cm) $2,312,000 ($2,312,000/cm) i / 1 cm $10,419,000 ($3,473,000/cm) \ $1,000,000 ($200,000 /cm) $8,000,000 ($571,430/cm) TOTAL = $50,231,000 CLIENT I SHEET DESCRIPTION / FLOOD BENEFIT VS. ESTIMATED PROBABLE COST ESTIMATES SAINT JOHN SIMPSON DRIVE EXT. PROJECT MARSH CREEK DRAINAGE BASIN PIPED STORMWATER DATE25 —NOV -2009 DRAWN DFB DIVERSION SYSTEM HORIZ. SCALE N/A CHECKED SLW SAI OHN , NEW BRUNSWICK VERT. SCALE N/A Y 0 0 0 6 z w z a k REPORT TO COMMON COUNCIL M &C2010 -180 May 18, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Millidgeville Storm Water Management — Brentwood Basin BACKGROUND . Th? City of Saint Tohn Over the past several years, heavy rains have resulted in flooding in the Brentwood Crescent area of Millidgeville. Back -ups have also occurred along Woodward Avenue and Boars Head Road. A report prepared by the engineering firm CBCL Limited for the City in 2007 provided an explanation of the causes of the flooding in the Brentwood drainage basin. The 1500mm dia. storm sewer on Woodward Avenue is undersized and is not able to adequately convey stormflows from Caledonia Brook, and the Brentwood Crescent and Woodward Avenue storm sewers. The report suggested a new 2400mm diameter storm sewer along Woodward Avenue between Brentwood Crescent and Den Boom Cove would be needed to parallel the existing 1500mm sewer. The findings of the CBCL study were reported to Council on July 30, 2007 (M &C 2007 -242) One of the recommendations adopted by Council was that "CBCL Limited be engaged to evaluate design alternatives and prepare a detailed plan for necessary improvements to downstream storm drainage capacity (surface and sub - surface) for the Den Boom Cove Drainage Area, a plan that optimizes flow capacity with the investment in infrastructure required." The 2008 General Fund Capital Program provided funding for preliminary design of the improvements to the storm water system. On August 5, 2008 (M &C 2008 -221) Council approved the recommendation to engage CBCL Limited to carry out the preliminary design of improvements to the Millidgeville Stormwater System. The project included funding necessary to carry out: • surveys and data collection; • infrastructure assessments; • hydraulic modeling; 219 M &C2010 -180 May 18, 2010 Page 2 • presentation of storm water management options, and • preliminary design, drawings, cost estimates and design report. PURPOSE The purpose of this report is to provide a summary of the results of the Preliminary Design Report and to make a recommendation for a course of action for managing storm water in the Brentwood drainage basin. ANALYSIS The intent of the CBCL study was to survey the existing infrastructure including all piped sewer systems, ditches and streams, construct and calibrate a computerized, hydraulic model of the drainage basin and use that model to establish a series of options that, if implemented, would help prevent flooding in the Brentwood drainage basin. In the early stages of the study the Consultant located and inspected all existing storm water infrastructure including pipes, manholes and catch basins. Pipe sizes and configurations were verified so that the computer model would accurately reflect the way the actual sewer system performs during rain events. Smoke testing was carried out to identify other unknown sources of flow that, during heavy rains, may be contributing to surcharging in the storm sewers. Using the computer model and weather data the Consultant was able to simulate various rain events and, from this, determine what modifications were required within the drainage basin or within the piped storm sewer system to prevent flooding from occurring. During the course of the study, CBCL evaluated various methods for storm water management including: 1. Upsizing all the existing infrastructure to the sizes necessary to adequately convey flows from the 1:100 year rain event, 2. Constructing diversion storm sewers that would redirect storm water away from the existing sewer systems experiencing capacity problems, and 3. Providing more storm water storage in the tributary areas by constructing detention ponds which would slow the rates of flow to that which the existing storm sewers could accommodate. In order to properly compare alternatives the three methods of storm water management were developed to the extent that each method would provide the same level of flood protection. This "equality" was essential for evaluating the costs for implementing the storm water management options. 220 M &C2010 -180 May 18, 2010 Page 3 1. Upsizing Existing Infrastructure Early in the analysis it was determined that upsizing the existing infrastructure would not be practical for the following reasons • The existing infrastructure is relatively new and in sound structural condition and replacing it would mean the loss of its value. • The largest storm sewers cross the sportsfields of Millidgeville North and Samuel de Champlain Schools. • Upsizing the sewers would result in a doubling of the storm water flows to the outfall and to Den Boom Cove, increasing the erosion and flooding potential downstream of the outfall. 2. Diversion Storm Sewers The role of the Diversion storm sewers is to take water away from the existing under capacity storm sewers. This "sharing" of storm water is achieved by a combination of new sewers and upsized existing sewers. The Diversion storm sewers are identified in green on Drawing 4.2 and consist of- a. New 1800mm dia. Storm sewer on Boars Head Road from Caledonia Brook to Woodward Avenue. b. New 1800mm dia. Storm sewer on Woodward Avenue from Boars Head to the outfall at the Millidgeville WWTP. c. New 1200mm dia. Storm sewer on Conifer Crescent to convey 1:100 year flows to the new 1800mm storm sewer on Woodward Avenue. The Diversion option has both advantages and disadvantages. Diversion Advantages The primary advantage to the diversion option is that flows are taken away from much of the existing infrastructure negating the need for its replacement for capacity reasons. In the case of the Brentwood drainage basin the existing storm sewers are structurally sound and not in need of replacement. Diversion Disadvantages Disadvantages to the Diversion option include: • High installation costs due to excessively deep rock cuts and the hardness of the local rock formations. 221 M &C2010 -180 May 18, 2010 Page 4 • Some existing sewers, in good condition, would need to be upsized to accommodate new flows from the diversion sewers. • The Diversion option requires full implementation. There are no flood protection benefits from completing a portion of the work, and • More efficient storm sewers have the potential to increase the peak flows and contribute to downstream flooding and erosion. This is a concern where storm sewers do not outfall directly to the river. 3. Detention Pond Storage Detention ponds could be created within the tributaries of a watershed by installing small dams, or berms, to temporarily withhold excess flows of storm water. Water is permitted to flow through these berms under normal weather conditions through a predetermined outlet. The quantity of water each berm can detain is a function of the height of the berm and the area it encompasses. In order to achieve the same level of 1:100 year flood protection as the Diversion Storm Sewer option, six detention ponds are required. Four would be located on or adjacent to Caladonia Brook. The fifth site is situated on a flat parcel of City property adjacent to Millidge Avenue, behind the Charles Gorman Arena, and the sixth detention pond location is adjacent to Conifer Crescent. The sizing and locations of the detention ponds are illustrated by the hatched areas on attached Drawing 4.3 Detention Pond Advantages Advantages to using detention ponds for storm water management include: • No upsizing of existing infrastructure is required due to the excess storm water being detained in the tributaries and released at a rate that does not overwhelm the existing storm sewers. • Much of the construction is off -road resulting in little disruption to residents and motorists. • Construction of ponds and the necessary reinstatement is less expensive than installing new pipe under the road surfaces. • While all six detention ponds are required for full flood protection, construction of a single pond provides an incremental increase in flood protection. • Ponds use the existing topography and there is little need for excavation of large amounts of materials. Also, ponds can be constructed on existing wetland areas that do not represent developable land. 222 M &C2010 -180 May 18, 2010 Page 5 Detention Pond Disadvantages There are disadvantages to using detention ponds as a storm water management tool and, in this case, they are: • All six detention ponds are required to provide the same level of flood protection provided by the Diversion option. If the Provincial Department of the Environment deems one or more of the proposed detention pond sites as unacceptable, the full level of flood protection will not be available. • If the Detention option is pursued, an Environmental Impact Assessment will be required as the cumulative affected area is greater than 2 Hectares. The costs associated with carrying out the assessment can be substantial. An estimated value for the EIA has been carried in the estimate of probable cost. • Much of the areas selected for detention ponds are on private property. The City would need to purchase this land from private landowners. 4. Associated Works In addition to the components of the Diversion and Detention Pond options presented, a number of other storm sewer improvements were recommended. These improvements should be included with both the Diversion and Detention options. They provide a measure of increased flood protection and can be implemented independently from each other and from the Diversion or Detention options. The additional storm sewer improvements include: 1. Brentwood Crescent Rider Storm Sewer - designed and tendered; to be constructed in 2010. 2. Relocating the outfall of the Boars Head Road storm sewer so that it discharges downstream of the Caledonia Brook culverts. 3. Disconnect the storm sewers from the Air Canada parking area and discharge them directly to Caledonia Brook (will provide needed capacity in the Boars Head Road storm sewer). 4. Modify the storm sewer at the entrance to Cambridge Estates to discharge directly to Caledonia Brook during periods of heavy rainfall when the storm sewer is in a surcharged condition. 5. Construct swales around the homes of Conifer Crescent to intercept surface runoff from the sloping terrain surrounding the development. The swales will relieve the burden on the existing storm sewer during periods of heavy rain. 6. Re- profile the ditch along Woodward Avenue at Cedar Point and redirect the catch basins from the storm sewer into the ditch. Install a cross culvert at the intersection of Boars Head Road and Ragged Point Road (subject to feasibility in the field). 7. Disconnect (12) catch basins from the sanitary sewers and connect them to the storm sewer system. These are in various locations and, while not directly affecting the storm sewer system, they do have a negative impact on the sanitary sewers. 223 M &C2010 -180 May 18, 2010 Page 6 FINANCIAL IMPLICATIONS The following tables provide the estimates of probable construction cost, in 2009 dollars, for the storm water management options, and the Associated Works. All estimates include costs for engineering and 13% HST. Please note that the Brentwood Crescent Rider Sewer is not included in the cost estimates as it is being constructed in 2010. Table 1.0 Diversion Storm Sewer Option Component Probable Cost of Construction New 1800mm Sewer on Boars Head Rd $5,423,400 Caledonia Bk to Woodward Ave New 1800mm Sewer on Woodward Ave $6,299,700 Boars Head Rd to WWTP New 1200mm Sewer at Conifer Cres. $434,700 Total for Diversion Storm Sewers $12,157,800 Source: Millidgeville Stormwater System Preliminary Design Report, CBCL Limited, April 2010 Table 2.0 Detention Pond Option Component Probable Cost of Construction Caledonia Bk — Low Pond $894,240 Caledonia Bk — High Pond "A" $1,130,220 Caledonia Bk — High Pond "B" $1,253,040 Caledonia Bk — East of Millidge Ave Pond $992,220 Millidge Ave - Behind Gorman Arena Pond $1,142,640 Conifer Crescent Pond $903,900 Allowance for EIA costs $230,000 Total for Detention Ponds $6,546,260 Source: Millidgeville Stormwater System Preliminary Design Report, CBCL Limited, April 2010 224 M &C2010 -180 May 18, 2010 Page 7 Table 3.0 Associated Works Component Probable Cost of Construction Relocate Boars Head outfall at Caledonia Bk $34,500 Disconnect and re -route Air Canada storm $249,780 Sewers(2) directly to Caledonia Bk Modify storm sewer at entrance to Cambridge $34,500 Estates Diversion swales around Conifer Cres $387,780 Re- profile ditch along Woodward Ave, install $247,020 cross culvert and redirect catch basins at Cedar Point Disconnect (12) catch basins from Sanitary sewers $489,900 Total for Associated Works $1,443,480 Source: Millidgeville Stormwater System Preliminary Design Report, CBCL Limited, April 2010 The 2010 General Fund Capital Program contains funding in the amount of $1,000,000 under the Category of Stormwater Management — Brentwood Drainage Basin. The overall cost of the works, including engineering and 13% HST, to provide 1:100 year flood protection for the Brentwood drainage basin if the Diversion Storm Sewer option is selected will be $13,601,280. If the Detention Pond option is selected the overall cost will be $7,989,740. The cost of the Associated Works is included in the totals for each of the options. RECOMMENDATIONS It is recommended that: 1. Council authorize staff to proceed with the design and construction of the following Associated Works items: a. Relocate Boars Head outfall at Caledonia Bk, b. Disconnect and re -route (2) Air Canada storm sewers directly to Caledonia Bk, c. Re- profile ditch along Woodward Ave, install cross culvert and redirect catch basins at Cedar Point, and d. Disconnect six(6) of the twelve(12) catch basins from the sanitary sewers. 225 M &C2010 -180 May 18, 2010 Page 8 2. Initiate the Environmental Impact Assessment process for the full six detention ponds. This work must be carried out during the summer months when vegetation is in bloom. 3. Authorize staff to negotiate with CBCL Limited for engineering design and construction management services for the above work. 4. Staff report back to Council with the results of the Environmental Impact Assessment and a plan for phased implementation of the detention ponds and remaining Associated Works. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 226 LEGEND , r\\�/ /� EXISTING STORM SEWER SYSTEM PROPOSED DIVERSION STORM SEWER OPTION _ 1 j 1 +�,2\ - � omPROPOSED STORM SEWER OPTION _DA- - BRE1 1 N, TW01 0 � T ` E l`- \�b\ . ^R DER T - E E = {To l- yy — __7 ED\ \DIVED � ' \ S WE� T( N A 1 WAR , �A WIG oll 00 i a' T LANE — j/ \� E 1-L. 1 — 1200 CALEDONI� Ei T00 � —__1 j f I BOA'S HEAD ROAD STO DIVERSIOP�I S -0-� �__ -�� I SWER MODIFICATIONS' �� I SEWER N BOARSI � WAD loom 45p� p�D RELIEF STORM HEAD OAD. SEE I �SEW'ERS 1 & 2. SEE D 1 DWG 4.2- 2.(G- � —��- -- L "� I 1.2(b) & 4.1 .2(c) 1 STORM SEWER UPGRADE ON CONIFER CRESCENT. SEE DWG 4.2.2(b) MBRIDGE ESTATES � ADES. SEE DWG sn/ .3.1(a) CONIFER CRE�CENTT:�-- DIVERSION CH INNELS. ' SEE DWG 4. 1.1(e) 0 T 1111 CBCL LIMITED gent Nroject uescription Revision or Issue ' CITY OF SAINT JOHN, PRELIMINARY DESIGN OF CALEDONIA BROOK PRELIMINARY DESIGN DRAFT REPORT (12/14/2009) Ergkwws SAINT JOHN, NB DIVERSION STORM SEWER AND STORM Drawn DLH Designed DLH Checked EMD Approved EMD I' SEWERS UPGRADES ON CONIFER CRESCENT Scale Contract No Date Drawing No 1:5000 082842 DEC 2009 4.2 LEGEND EXISTING STORM SEWER SYSTEM ! PROPOSED STORM SEWER OPTION ALTERNATIVE STORM SEWER OPTION \ 1 og\ WOODWARD AVE b ALTERNATE: STORM & EXCAVETED CK ON RAGGED PgfN D. \ SEE D1iVG%4 Li �0 D V E 1� IEF STORM L� -RN TE.6R bf f�R $c 1— EWER ON 1 EX Dr AVE. jam' NVELIJ� EE DWG 4.3.2(a) �-�-�00 A �SE �i s� BRENTI OOD RIDER S1�0RMIEW f _— (1 1T)-0 HEAD V .� 600 —— "ZZLEDON A LOW BASI ICAMORIDGE ESTAT UPGRI DES. SEE . 14.3.1(a)�' CONIFER CRESCENT BASIN i & DIVERSION CHANNELS. 4SEEDWG 4.3.1(9 __ — — DAma I �� I AVD" --- Ofts, 120 0 WDDwARD �, II BOAT ^^CIIS''' HEAD ROAD STO M S15ER MODIFICATIONS j AND RELIEF STORM j — 1 6; ERS 1 & 2. SEE DWG �,1�2(b) & 4.1.2(c) 7 DETEN -1 BETWEEN W DRIVE & MILLI VE.�./ SEE DWG 4. 1�) uMVERMr EDONIA BROOK BASIN MILLIDGE AVE. SEE \DWG 4.3.1(c) CALEDONIA "HIGH A" & r"I4iGH B" BASINS. SEE I i DWG 4-3.1(b) CBCL LINNTED Client s Project Description Revision or Issue CITY OF SAINT JOHN, PRELIMINARY DESIGN OF DETENTION PRELIMINARY DESIGN DRAFT REPORT (12/14/2009) s Desig SAINT JOHN, NB BASINS IN THE DEN BOOM COVE AND Drawn DLH ned DLH Checked Approved EMD EMD CEDAR POINT DRAINAGE BASINS scale Contract No Date Drawing Na 1 :5000 082842 DEC 2009 4.3 REPORT TO COMMON COUNCIL M &C2010- 177 May 20, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Gas Tax Funding (GTF) Agreement — Program Adjustments BACKGROUND M. The City of Saint John At the April 17, 2007 meeting of Common Council, Council adopted the proposal for the 5 -Year Capital Investment Plan — Gas Tax Funding Agreement in the total amount of $14,194,908 for projects within the time period of 2005 to 2009. The program was also accepted by the Province of New Brunswick. Adjustments to the program were approved by Council in April 2008 (M &C 2008 -120), September 2008 (M &C 2008 -273) and August 2009 (M &C 2009 -256). Work completed to date under the original GTF Program includes the construction of Retail Drive, the first phases of the watermain cleaning and lining, Ashburn Lake Road and the Pipeline Road East project at Latimer Lake. Phase IV of the 2008 project for watermain cleaning and lining is complete with some minor reinstatement work required (approximately $18,750) to complete Phase V over the next few weeks. There have been some funding revisions within the completed projects, however, the total for all work to be completed under the program remains the same and within the original approved program amount of $14,194,908. ANALYSIS The proposed program adjustments are as shown on the attached Gas Tax Funding program. The revisions at this time consist of a reduction in the "Other Share" (Federal) funding allocation for the Watermain Cleaning and Lining (Phase IV and Phase V) project to reflect the amounts actually paid to the contractor based on final quantities and a funding allocation shift from 2009 to 2010 for a portion of the project funding. The "City Share" expenditures have been updated for the Retail Drive, Pipeline Road East and Ashburn Lake Road projects to reflect actual expenditures. In the August 2009 GTF Agreement update to Council (M &C 2009 -256) it was identified that the Harbourview Subdivision Water System and Latimer Lake Intakes /Screen House projects were not proceeding as originally identified under the GTF Agreement and that staff would be proposing alternative projects in conjunction with the 2010 Capital Program submission. 229 M &C2010- 177 May 20, 2010 Page 2 With the 2010 General Fund Capital Program submission Council approved utilizing Gas Tax Funding for Lorneville Road culvert at Mill Creek ($600,000), Storm Water Management — Brentwood ($1,000,000), Bayside Drive Roadway realignment at Grandview Intersection ($1,000,000), and Westfield Road Reconstruction between Acamac Backland Road and Civic #2300 ($2,190,000). The Westfield Road project budget also included $1,737,500 "City Share" approved under the 2009 General Fund Capital Program. Phase A of Westfield Road reconstruction was recently awarded by Council (M &C 2010 -158; May 10, 2010) in the amount of $3,426,112.77 to Galbraith Construction Ltd. The limits for the project were decreased from the originally planned limits, which had been approved by Council (M &C2009 -262; August 31, 2009). Phase A includes reconstruction of Westfield Road from By Road #7 to Ketepec Road. Sufficient funding is available within the current GTF program to design and reconstruct the (bad turn) section of Westfield Road from Acamac Backland Road to By Road #7. Staff propose increasing the "Other Share" (Federal) funding for the project from $2,190,000 to $3,156,314 to allow for the additional reconstruction of Westfield Road. The section of Westfield Road between Acamac Backland Road and By Road #7 would be designed and tendered as Phase Al - to be constructed in 2011. This work would be completed within the original approved GTF program amount of $14,194.908. Upon approval of the revised Gas Tax Fund program, staff will submit it to the Provincial Department of Local Government for approval. Staff has discussed the program adjustments with staff at the Province and they concur with the proposed revisions. FINANCIAL IMPLICATIONS The total expenditure within the Gas Tax Fund Agreement will remain the same as originally approved in April 2007 at $14,194.908. RECOMMENDATION It is recommended that Common Council approve the revised 5 -year Capital Investment Plan for the GTF Agreement as attached and further that staff be directed to submit the revised plan to the Province of New Brunswick for approval under the Gas Tax Fund Agreement. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 230 J. Patrick Woods, CGA City Manager THE CITY OF SAINT JOHN 20- May -10 �— MUNICIPAL OPERATIONS & ENGINEERING 5 -YEAR CAPITAL INVESTMENT PLAN SAINT JOHN GTF AGREEMENT Federal Gas Tax Revenue Funding 2006- $2,757,648 2007- $2,644,306 2008- $1,064,231 2009- $1,697,918 2010- $6,030,805 Total: $14,194,908 Year Project Category Location Description Other City Share Share 2006 Retail Drive *Transportation Rothesay Avenue to City contribution toward construction of Retail Drive (Project 2,456,392.09 0.00 Westmorland Road - Part 1 made possible by Federal Gas Tax Revenue) Watermain Cleaning and Infrastructure Renewal - Phase I - Church Avenue area - Cleaning and lining of approx. 2 km of existing unlined C.I. 301,256.27 28,593.94 Lining Water Part 1 watermains to improve pressure, water quality, and fire flows in the area (Project made possible by Federal Gas Tax Revenue) 2007 Ashburn Lake Road Transportation Rothesay Avenue to Route #1 Road reconstruction (drainage control, curb, sidewalk, railway 710,271.99 4,304.32 (Saint John Throughway) Part 1 crossing, landscaping, paving, land acquisition), including design and construction management services (Project made possible by Federal Gas Tax Revenue) Pipeline Road East Water Service Needs Latimer Lake screen house to Installation of approx. 270m of new 1050mm transmission main, 3 825,377.47 7,619.86 old Dry Lake Chamber location chlorine injection chambers and 3 chlorine sampling chambers, Part 1 including design and construction management services (Project made possible by Federal Gas Tax Revenue) Retail Drive *Transportation Rothesay Avenue to City contribution toward construction of Retail Drive (Project 984,042.13 0.00 Westmorland Road - Part 2 made possible by Federal Gas Tax Revenue) Watermain Cleaning and Infrastructure Renewal - Phase I - Church Avenue area - Cleaning and lining of approx. 2 km of existing unlined C.I. 124,614.08 3,356.11 Lining Water Part 2 watermains to improve pressure, water quality, and fire flows in the area (Project made possible by Federal Gas Tax Revenue) 2008 Ashburn Lake Road Transportation Rothesay Avenue to Route #1 Road reconstruction (drainage control, curb, sidewalk, railway 241,389.44 49,486.71 (Saint John Throughway) Part 2 crossing, landscaping, paving, land acquisition), including design and construction management services (Project made possible by Federal Gas Tax Revenue) Pipeline Road East Water Service Needs Latimer Lake screen house to Installation of approx. 270m of new 1050mm transmission main, 3 34,622.53 888,873.50 old Dry Lake Chamber location chlorine injection chambers and 3 chlorine sampling chambers, Part 2 including design and construction management services (Project made possible by Federal Gas Tax Revenue) 231 Page 1 of 3 2010 Bayside Drive (Old Transportation At Grandview Avenue Intersection realignment (approx. 155m of new 300mm storm 1,000,000.00 0.00 Black River Road) intersection sewer, road widening, curb and gutter, cold milling, landscaping, paving), including design and construction management services (Project made possible by Federal Gas Tax Revenue) 232 Page 2 of 3 THE CITY OF SAINT JOHN 20- May -10 �— MUNICIPAL OPERATIONS & ENGINEERING 5 -YEAR CAPITAL INVESTMENT PLAN SAINT JOHN GTF AGREEMENT Federal Gas Tax Revenue Funding 2006- $2,757,648 2007- $2,644,306 2008- $1,064,231 2009- $1,697,918 2010- $6,030,805 Total: $14,194,908 Year Project Category Location Description Other City Share Share 2008 Retail Drive *Transportation Rothesay Avenue to City contribution toward construction of Retail Drive (Project 0.00 203,476.79 Westmorland Road - Part 2 made possible by Federal Gas Tax Revenue) Watermain Cleaning and Infrastructure Renewal - Old East Saint John; Saint John Cleaning and lining of approx. 13,047m of existing unlined C.I. 788,218.79 29,632.70 Lining Water West (Phase IV and Phase V) watermains to improve pressure, water quality, and fire flows in the area (4,484m in Old East Saint John, and 8,563m in Saint John West) (Project made possible by Federal Gas Tax Revenue) 2009 Ashburn Lake Road Transportation Rothesay Avenue to Route #1 Road reconstruction (drainage control, curb, sidewalk, railway 0.00 81,213.53 (Saint John Throughway) Part 2 crossing, landscaping, paving, land acquisition), including design and construction management services (Project made possible by Federal Gas Tax Revenue) Pipeline Road East Water Service Needs Latimer Lake screen house to Installation of approx. 270m of new 1050mm transmission main, 3 0.00 1,372.76 old Dry Lake Chamber location chlorine injection chambers and 3 chlorine sampling chambers, Part 2 including design and construction management services (Project made possible by Federal Gas Tax Revenue) Retail Drive *Transportation Rothesay Avenue to City contribution toward construction of Retail Drive (Project 0.00 6,202.04 Westmorland Road - Part 2 made possible by Federal Gas Tax Revenue) Watermain Cleaning and Infrastructure Renewal - Old East Saint John; Saint John Cleaning and lining of approx. 13,047m of existing unlined C.I. 1,697,917.58 35,798.97 Lining Water West (Phase IV and Phase V) watermains to improve pressure, water quality, and fire flows in the area (4,484m in Old East Saint John, and 8,563m in Saint John West) (Project made possible by Federal Gas Tax Revenue) 2010 Bayside Drive (Old Transportation At Grandview Avenue Intersection realignment (approx. 155m of new 300mm storm 1,000,000.00 0.00 Black River Road) intersection sewer, road widening, curb and gutter, cold milling, landscaping, paving), including design and construction management services (Project made possible by Federal Gas Tax Revenue) 232 Page 2 of 3 THE CITY OF SAINT JOHN 20- May -10 �— MUNICIPAL OPERATIONS & ENGINEERING 5 -YEAR CAPITAL INVESTMENT PLAN SAINT f OHN GTF AGREEMENT Federal Gas Tax Revenue Funding 2006- $2,757,648 2007- $2,644,306 2008- $1,064,231 2009- $1,697,918 2010- $6,030,805 Total: $14,194,908 Year Project Category Location Description Other Share City Share 2010 Lorneville Road Storm Mill Creek Reconstruction of existing storm drainage crossing including 600,000.00 0.00 concrete culvert installation to channel storm water flows and prevent road erosion due to heavy storm water runnoff, including design and construction management services (Project made possible by Federal Gas Tax Revenue) Storm Water Storm Brentwood Drainage basin Construction of community retention facilities and drainage 1,000,000.00 0.00 Management - improvements as per 2009 drainage basin study (Project made Brentwood possible by Federal Gas Tax Revenue) Watermain Cleaning and Infrastructure Renewal - Old East Saint John; Saint John Cleaning and lining of approx. 13,047m of existing unlined C.I. 274,490.90 0.00 Lining Water West (Phase IV and Phase V) watermains to improve pressure, water quality, and fire flows in the area (4,484m in Old East Saint John, and 8,563m in Saint John West) (Project made possible by Federal Gas Tax Revenue) Westfield Road Transportation Acamac Backland Road to Drainage control, curb and sidewalk, landscaping, street 3,156,314.73 1,737,500.00 Ketepec Road reconstruction, including design and construction management services (Project made possible by Federal Gas Tax Revenue) TOTAL. $14,194,908.00 $3,077,431.23 233 Page 3 of 3 REPORT TO COMMON COUNCIL M & C 2010 -129 May 19, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Traffic - Harbour Bridge and Roadway Construction Projects 2010 BACKGROUND M. The City of Saint John Staff members of local road authorities - Harbour Bridge Authority, Town of Rothesay, New Brunswick Department of Transportation, and the City of Saint John — plus the Saint John Police Force, met on March 30, 2010. The purpose was to exchange information on planned construction projects and consider effects on the transportation network and traffic in the region. The meeting was productive in that it revealed extensive programs and a number of major projects and initiatives that will impact traffic flows in and through the City of Saint John during this construction season. This undertaking highlighted a need for a coordinated approach and comprehensive public communications program to advise network users and other stakeholders of what to anticipate and plan for in 2010. The process continued via a second meeting on April 20 and involved communications staff of both the City of Saint John and Harbour Bridge Authority, in addition to representatives of the Harbour Bridge Authority, the City and the Province. The Harbour Bridge project impacts not just vehicle traffic but also, in a very significant way, pedestrians and cyclists as the central portion of Harbour Passage under the bridge structure is closed during the construction project for safety reasons. Staff of various City departments, boards, and commissions, including Municipal Operations Pedestrian and Traffic Management, Saint John Police, the Parking Commission, Saint John Transit, Public Communications, and Leisure Services, have all worked with the Harbour Bridge Authority to mitigate effects on transportation network users. This report seeks update to Council on current and planned construction projects and the steps that being taken to help mitigate impacts on users of the transportation network. 234 M &C2010- 129 May 19, 2010 Page 2 ANALYSIS As Council is aware, the One Mile House Interchange project is well underway and repairs to the Saint John Harbour Bridge were recently tendered and awarded. Harbour Bridge traffic has now been reduced to two lanes, one in each direction, and this arrangement will continue into October. Traffic flows into, through and out of the City will be affected by the Harbour Bridge and One Mile Interchange construction projects. The City of Saint John has relatively few transportation projects in the 2010 capital construction program, but most of these affect primary traffic arteries. The City also has an aggressive construction program ongoing for Harbour Clean -Up, Safe Clean Drinking Water, and Storm Water Management, and many of these projects will also impact primary traffic arteries. Saint John Harbour Bridge A coordinated communication campaign has been initiated to keep the public informed about progress of construction projects as they occur through the construction season and the impacts they have on the transportation network and various forms of traffic. This is in addition to normal communications activities such as the weekly "Construction Report". The Harbour Bridge Authority also hosted a public meeting at the Carleton Community Center on May 11 to provide information to the public on the project and on the work to help with traffic. A number of actions have been taken to help mitigate traffic impacts of work on the Harbour Bridge. Traffic barriers have been placed on the viaduct to promote continuous morning traffic flow from the Red Rose off ramp and discourage left turns onto Union Street. Vehicles stopping at the intersection of the off- ramp and viaduct attempting to cross three lanes of traffic to turn left onto Union can often tie up traffic and cause back -ups on the ramp. Provisions have been made to allow SJ Transit "West Express" buses to skirt morning traffic back -ups west of the Toll Plaza on the Throughway and Market Place and more convenient access to the Harbour Bridge. People are being encouraged to utilize public transit and alternate forms of transit or to ride -share to help reduce traffic congestion. Arrangements have been made with the Bowlarama on Lancaster Avenue to allow vehicle parking for those motorists who wish to park and take transit buses for the morning commute. Closure of a key section of Harbour Passage is another unfortunate consequence of this construction project. Because of the refurbishment process — sequential hydro excavation and repair of the concrete bridge deck under the two westbound lanes in a series of four parallel strips, doing the center median strip first and then moving across to the next strip — the center section of Harbour Passage must remain closed for safety purposes for the duration of the project. An alternate route across the Viaduct and Main Street to Chesley Drive has been designated as the pedestrian connection between Uptown and the North End and West Side of the City. Appropriate signage has been installed on Harbour Passage and the alternate route is being marked; cyclists are being encouraged to use Douglas Avenue. 235 M &C2010- 129 May 19, 2010 Page 3 One Mile Interchange Steady progress is being made on construction of the One Mile Interchange. The project is currently scheduled for completion in the fall of 2012. Construction activity this year will see a number of impacts on Throughway traffic near the current Crown Street eastbound off -ramp by the Allison Grounds. Closure of the current Crown Street off -ramp is imminent and will be replaced with a new ramp (almost complete) associated with the One Mile Interchange. One consequence of the new arrangement is that traffic from the Rockwood Court area via Wright /Gilbert Streets must enter a westbound on -ramp to Route 1 and can no longer turn left toward Crown Street /Mount Pleasant. Route 1 at this location will also be reduced to two lanes of traffic for the month of June, one east and one west similar to the Harbour Bridge. This is necessary to facilitate the installation of a major culvert pipe (1800 mm) under the highway to handle storm water flow. City Projects Route 1 and Route 100 are the two main "highways" running east -west through Saint John and they carry most vehicular traffic in, through and out of the municipality. Along with Harbour Bridge repairs and the One Mile Interchange work affecting Route , there are planned projects along Highway 100 as follows: Rothesay Road: • April to October — The Town of Rothesay has work planned - more traffic is diverted to Route 1 • April to July - The City of Saint John is continuing the reconstruction of Rothesay Road — similar traffic arrangements as last years work Rothesay Avenue • Installation of traffic lights near TD Bank City Road and Station Street • July 1 — November 15 - Installation of force main piping associated with Harbour Ocean Westway • Underway — installation of new water line from Spruce Lake to Gault Road In addition to projects affecting the main highways through Saint John there are a number of projects that will affect other major traffic arteries and local streets in the City. These are listed below. West • Market Place • Westfield Road • King William Road • Bleury Street water, sewer, storm, street street, sidewalk and drainage resurfacing sewer, street 236 M &C2010- 129 May 19, 2010 Page 4 • Dever Road- Church Avenue -Main Street West — stimulus project — water main renewal • Clover Court curb and paving Central • Union Street • Visart Street • Beaverbrook Avenue • Mount Pleasant Avenue • Woodward Avenue • Kennebecasis Drive • Burpee Avenue • Meadow/Forest /Gilbert • Dufferin Avenue East in conjunction with Peel Plaza project water, sewer, street water, sewer, street in conjunction with Lily Lake Entrance rider storm sewer installation culvert installation, Brothers Cove retaining wall force main — Harbour Clean Up program water main • Bayside Drive force main — Harbour Clean Up program • Bayside Drive /Grandview Avenue Intersection • Mountain View Drive traffic signals and paving • Westmorland Road sidewalk, curb and paving In addition to the above construction projects, asphalt resurfacing is planned for a number of City streets and normal maintenance activities will be carried out by Saint John Water crews and Municipal Operations crews. These jobs are smaller in scope and usually only affect a street or street section for a relatively short period. Staff is also meeting with local utilities — Enbridge Gas, Bell Aliant, and Saint John Energy - to exchange information about their planned projects and activities in order to coordinate respective programs and plans. CONCLUSION There are many construction projects and activities ongoing and planned for this construction season. Agencies are coordinating their public communication effort for the construction season and more will be done as projects progress. Despite these measures, there will be disruption to traffic flows. Patience and understanding on the part of all transportation network users is requested to cope with expected inconvenience and delay. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. J. Patrick Woods, C.G.A. Commissioner City Manager Municipal Operations & Engineering 237 M &C2010- 129 May 19, 2010 Page 5 238 SAINT JOHN The city of Saint John News Release Patience, Cooperation and Flexibility Requested Alternatives for commuters during Harbour Bridge Construction May 14, 2010 Motorists, pedestrians and cyclists are being provided a number of commuting alternatives designed to reduce traffic congestion due to construction on the Saint John Harbour Bridge. Bridge traffic will be reduced to two lanes and the section of Harbour Passage that borders Long Wharf, Hilyard Street and the HMCS Brunswicker will be closed beginning May 15 and throughout the summer and fall. "The work on the bridge is significant and vital to the transportation network in the City," said Ivan Court, Mayor of Saint John. "Crews will use hydro - demolition, high pressure water to remove layers of concrete from the bridge, lane by lane. Public safety is of the utmost importance. The area will be dangerous during construction." "Inconveniences are unavoidable, I ask residents for their patience, cooperation and flexibility during this construction period. It has taken some time to ensure what we are suggesting is safe and viable and that emergency officials are onboard," said Court. Officials with the Saint John Harbour Bridge Authority, NB Southern Railway, Saint John EMO, Saint John police Force, Public Safety Communications Centre, the Saint John Fire Department, Saint John Transit, the Saint John Parking Commission and members of the City's traffic division have been collaborating on the measures. The affected area around Harbour Passage will be fenced during the construction and pedestrians are warned to heed the signage and fences. pedestrians are warned not to use the railways tracks. Alternate route designated for pedestrians City officials are recommending that pedestrians use the North side of Main Street and to continue across the North side of the Viaduct, where there is a side walk. The route is accessible and the City will be repainting lines and adding additional traffic signage. The route will also be marked with a dashed red line and signage indicating the alternate route will be posted. Pedestrians are reminded to watch for approaching vehicles when using crosswalks. The City is not able to make alternate arrangements for cyclists. Cyclists are encouraged to use Douglas Avenue and Main Street during the construction period. Cyclists and motorists are asked to practice safe driving and to keep an eye out for each other. #15 Harbour Express bus will have priority access to the Bridge Motorists exiting Highway 1 at the Red Rose Tea building will not be able to turn left onto Union Street. That left turn has been identified by Bridge officials as the main cause of traffic tie -ups. Temporary barriers will be up on Monday as a trial, separating the left lane from regular traffic prior to the exit. -15 239 1��ct Or Alternate routes ...2 �r - SAINT JOHN City staff would be installing concrete Jersey barriers at a later date should the trial be successful. Motorists are instead asked to choose one of a number of alternate routes and provide additional time for travel. Owners of the Bowlarama on Lancaster Avenue have agreed to make parking in their back lot free for those who would like to take Saint John Transit from the west side. Two transit stops are within easy walking distance of the lot: Simms Corner, Uptown via the reversing Falls Bridge; and Dunn Avenue where commuters can catch the Harbour Express route (15). This route will have priority access to the bridge on its morning runs. "Parcobus" the in -city park and ride program, has a lot at 10 Stinson Drive — Lorneville Industrial Park. Motorists can take transit into the city or use the iot as a drop off point for ride sharing. Commuters from all areas are encouraged to rideshare to alleviate congestion. The Saint John parking Commission has a ride sharing website where commuters can sign up to find ride sharing partners in their area. Visit www.sha reyou rrid e. ca Employers are asked to consider offering employees a "flex Schedule" around peak bridge access times (7:45am- 8:45am and 4- 5:30pm). Fort LaTour will be available from the Long Wharf side only for the Reunion 2010, an outdoor summer concert series part of the City's 225 celebrations, to be held on August 6 and 7. Harbour Passage will open at the end of the construction season but close again in the 2011 season when the bridge refurbishment project resumes. Other construction projects that will affect traffic In addition to the refurbishment work scheduled for Saint John Harbour Bridge, there are many other ongoing and planned construction projects in and around the City that will impact the transportation network and traffic flows this construction season. Construction of the One Mile House overpass continues and will affect Route 1 and there are major projects on Rothesay Road, Bayside Dive, City Road, Station Street, Ocean Westway, and Market Place among others. Representatives of local road authorities - NB Department of Highways, the City of Saint John Police Force and Municipal Operations and Engineering, Harbour Bridge Authority and Town of Rothesay continue to meet to coordinate plans for the summer. Ongoing dialogue continues and a coordinated public information program will be maintained throughout the construction season as projects are carried out. Message from the Department of Transportation The Department of Transportation advises that Exit 125 for Crown Street in Saint John will be closed permanently on Tuesday May 18`h. Motorists will be re- directed to a new ramp leading to Allison Road. This change in traffic pattern is part of province's One Mile House Interchange project. Please note that Route 1 westbound will be reduced to one lane in the construction area until approximately the end of June. Motorists should expect traffic delays, adjust their travel times and reduce their speed in the construction zone. -15- 240 For more media inquiries contact: Leah Fitzgerald Communications Officer City of Saint John 648-3714 rte_ SAINT JOHN Nancy Moar Communications Manager City of Saint John 648 -3715 241 REPORT TO COMMON COUNCIL May 20, 2010 M &C2010 -176 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Alternate Active Transportation Route — Harbour Bridge Work BACKGROUND M. The City of Saint John At its May 10, 2010 meeting Common Council resolved that "the City Manager report back to Council regarding alternate arrangements for an active transportation route from the North End / Chesley Drive area to uptown during the construction on the Harbour Bridge." ANALYSIS City staff along with representatives of the Harbour Bridge Authority, Saint John Transit Commission and Saint John Parking Commission worked together to develop and communicate an alternative route for active forms of transportation with the closure of portions of Harbour Passage that is required with the work on the Harbour Bridge. The alternate route, being Chesley Drive to Main Street North to Union Street is being enhanced with crosswalk signage and markings, wayfinding red dashed lines on the sidewalks, and informational signs at entrance points to Harbour Passage that identify the alternate route. Saint John Communications are also advising the public of the alternate route in other ways. This team has also worked with the Saint John Police Force to mitigate impact on motorists as communicated to the public. Inconvenience to all forms of transportation is an expectation with work to this important infrastructure. RECOMMENDATION Staff recommends this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 242 J. Patrick Woods, CGA City Manager `bl Harbour Passage agmecla � Passage du port fOrmer.Veuillez Please usealtemate route. � ufiliserl"rtinerairederedhange. 41t, 400000, I !N 1 ki Via, � ,�. f • �, �. r REPORT TO COMMON COUNCIL M &C2010- 174 May 20, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Anglin Drive Pedestrian Network BACKGROUND M. The City of Saint John At its May 10, 2010 meeting Common Council resolved that "the City Manager report back to Council in two weeks with a plan to address the safety concerns for pedestrians along Anglin Drive. Further that Council request that Saint John Transit consider moving the bus stops on Anglin Drive closer to Pigeon Terrace." ANALYSIS Using both site visits and communication with residents of the Anglin Drive neighbourhood, staff assessed the movement patterns of pedestrians on this street. A continuous asphalt sidewalk that is deteriorated in many places on the north side of Anglin Drive extends to a sidewalk on Thornbrough Street to the west and one on Sandy Point Road to the east. Many young children walk to and from the Thornbrough Street sidewalk and a marked crosswalk crossing Thornbrough to access Princess Elizabeth School. Other children walk to Sandy Point Road to catch a school bus. A second asphalt sidewalk on the south side of Anglin Drive extends from Sandy Point Road but abruptly ends to the west of Anglin Court on a sharp curve of Anglin Drive. Unfortunately, many children walking toward Thornbrough Street on this south -side sidewalk were observed crossing the street on this sharp curve to access the continuous north- side sidewalk. A Saint John Transit Bus Shelter is located on the south side of Anglin Drive - and a matching bus stop on the opposite side — just to the east of this sharp curve, which also generated pedestrian crossings in proximity to this location with reduced site lines for motorists. During one of staff's site visits in the afternoon, students from Princess Elizabeth School were sent home early and many children were observed playing in the street. Although no specific observations were made during the site visit, staff is also aware that a new community library and a playground that is planned to be improved exist near Pigeon Terrace on the north side of Anglin Drive, which would attract children from both sides of the street. A sports field also on the north side of Anglin Drive toward Thornbrough Street would also generate pedestrian traffic. 244 M &C2010- 174 Page 2 Staff also made other observations during the site visits that would contribute to pedestrian safety on Anglin Drive. The street was measured at 10 metres wide or more in several locations, which is too wide for this neighbourhood street. Traffic industry studies demonstrate wider streets contribute to higher vehicle speed and obviously pedestrians take longer to cross wider streets, both of which increase the risk of pedestrian/vehicle collisions. Many wide parking areas adjacent to the street and deteriorating portions of curbs and sidewalks were also noted as diminishing the visible cues that separate right -of -way space dedicated to pedestrians versus vehicles. Pedestrian Crossing Staff agrees with the community's suggestion that the best location for pedestrians to cross Anglin Drive is at Pigeon Terrace for two main reasons. As provided for in the Provincial Motor Vehicle Act, an "unmarked crosswalk" extends beyond the sidewalk on Pigeon Terrace across Anglin Drive. It is a motorist's responsibility to yield the right -of -way to pedestrians crossing at this point on Anglin Drive. There is adequate site distance for motorists approaching this "unmarked crosswalk" from either approach and to stop if a pedestrian is crossing the street. The neighbourhood has requested that this crosswalk be signed and marked. Staff has investigated this request fully. The Transportation Association of Canada (TAC) Pedestrian Crossing Control Manual guides the selection of the most appropriate pedestrian control device for a particular crossing. The Manual sets out national "best practice" standards for the most appropriate device to be used in particular circumstances — whether it be signs and markings, a Special Crosswalk (overhead amber flashing lights), a Pedestrian Signal (green, amber and red traffic signals), or whether no devices are required (unmarked crosswalk). Applying these best practices across the street and pedestrian network ensures that higher risk crossings receive the attention of motorists and pedestrians. Staff completed 6 one -hour field surveys to better understand pedestrian conditions on Anglin Drive. These surveys were conducted at peak pedestrian movement times as communicated by people from this neighbourhood: • S1 —May 11, 2010, 07:45 -08:45 • S2 — May 11, 2010, 14:15 -15:15 • S3 — May 11, 2010, 15:15 -16:15 • S4 — May 12, 2010, 07:45 -08:45 • S5 — May 12, 2010, 14:20 -15:20 • S6 — May 12, 2010, 15:20 -16:20 The number of pedestrians crossing the street and the number of vehicles traveling the street account for the level of risk to a pedestrian and establish the level of signage required at a crossing. This data was measured during the six surveys. The results of the six surveys in relation to the pedestrian control device warranted using TAC's best practice is depicted in the following diagram. An unmarked crosswalk is clearly the standard called for at this location; no additional signage or markings should be installed at this time. 245 M &C2010- 174 Page 3 95 PEDESTRIAN 75 SIGNAL PEDS PER 55 HOUR 35 15 SPECIAL CROSSWALK SIGNED AND MARKED CROSSWALK UNMARKED CROSSWALK S2 S4 S1 S3 S6 S5 30 60 90 120 150 180 210 240 270 300 CROSSING OPPORTUNITIES PER HOUR Educating pedestrians, particularly children, to cross Anglin Drive at Pigeon Terrace would also be recommended. As indicated previously, children were observed crossing Anglin Drive at other locations during the field surveys. Staff has had several opportunities to have discussions with members of the Anglin Drive neighbourhood and note they have a well - established leadership team. Staff would be pleased to assist the neighbourhood in determining ways of educating children of this preferred crossing location. Pedestrian Infrastructure Improvements The sidewalks on Anglin Drive, as well as the street surface, require full reconstruction. The current estimated cost for reconstruction, including some drainage improvements, is $1,230,000. Scheduling of this needed work is dependent on prioritization and a sustainable level of funding to maintain the City's street system. Other City streets need similar attention. With the reconstruction project, specific factors would be considered to improve pedestrian movement along and across Anglin Drive. In addition to (concrete) curb and sidewalk improvements, grass medians would separate pedestrians on the sidewalks from vehicles. It is also contemplated that the width of Anglin Drive would be reduced and other physical traffic calming features introduced to the neighbourhood to discourage through traffic and restrict vehicle speed (although no issues with vehicle speed were observed during the field surveys). Trees would also be proposed for the grass medians. 246 M &C2010- 174 Page 4 Transit Bus Shelter Location Staff also notes that Council's resolution includes a request to Saint John Transit to consider moving the existing bus shelter closer to Pigeon Terrace. Locating the shelter closer to Pigeon Terrace would encourage more pedestrian crossings at the existing unmarked crosswalk. However this action may present additional issues. Bus stops and crosswalks in close proximity can cause motorists to be unclear whether a pedestrian is waiting to cross the street or board a bus. A stopped bus can also block the view between a crossing pedestrian and a motorist that chooses to pass the stopped bus. Staff has had an initial discussion with Saint John Transit and will assist them in considering Council's request — including improving pedestrian access between the shelter and the crosswalk with the future reconstruction project should Saint John Transit decide to keep the shelter in its existing location. RECOMMENDATION It is recommended that Common Council: 1. Consider the full reconstruction of Anglin Drive in a future Capital budget; 2. Support staff's ongoing liaison with the neighbourhood, including assisting in educating children about playing on the street and the preferred crossing location; and 3. Receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 247 REPORT TO COMMON COUNCIL M &C2010 -173 May 19, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2010 -4: Dever Road Water Transmission Main BACKGROUND M. The City of Saint John The Dever Road Water Transmission Main project is work under the Action Plan for Safe, Clean Drinking Water with funding through the Canada -New Brunswick Infrastructure Stimulus Fund. The purpose of this report is to recommend award of the contract for the construction of the Dever Road Water Transmission Main project that is approved in the 2009 and 2010 Water & Sewerage Utility Fund Capital programs. The work consists generally of the supply of all necessary labour, material, and equipment for the installation of 2060m of 600mm, 468m of 250mm and 1364m of 200mm diameter water main, along Dever Road, Church Avenue, a portion of Main Street West, and adjacent to a section of Greenhead Road. TENDER RESULTS Tenders closed on May 12, 2010 with the following results: 1. Galbraith Construction Ltd., Saint John, NB $ 5,206,783.49 2. ACL Construction Limited, Halifax, NS $ 5,332,072.24 The Engineer's estimate for the work was $ 4,966,559.05. 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. Staff members are working in conjunction with the contractor, consultant and the police to create a suitable traffic plan for the project. 248 M &C 2010 - 173 May 19, 2010 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2009 and 2010 Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $3,900,000 was provided in the budgets and that the projected completion cost of the project included in the contract is estimated to be approximately $5,267,143.36, including the City's eligible H.S.T. rebate, a $1,367,143.36 negative difference. Staff has been in contact on a regular basis with the Regional Development Corporation (RDC) who is the delivery agent for the Stimulus Fund Agreement on behalf of the Government of Canada and Province of New Brunswick. It is understood that under the terms of the Agreement the scope of the approved projects cannot be altered to reduce overall project costs and surplus funding from other Stimulus Fund projects cannot be utilized to offset the funding shortfall on this project. However, the RDC has advised that additional projects can be submitted for consideration under the Stimulus Fund program to take advantage of any surplus funding from the Stimulus projects. Staff has recently followed -up with the RDC in this regard. There are seven projects approved in the 2010 Water & Sewerage Utility Fund Capital Program that identified design work only proceeding in 2010 with construction in 2011. These projects included full funding for design, construction and construction management so that once designed the projects could be tendered in 2010 for construction in 2011. The amount budgeted in 2010 for 2011 construction management and construction for the following projects totals approximately $1,375,000: Adelaide Street sanitary, Adelaide Street water, Hillcrest Avenue sanitary, Hillcrest Avenue water, Creighton Avenue sanitary, Rothesay Avenue wastewater pumping station forcemain and Cottage Hill zone watermain. It is proposed to relist the construction and construction management budgets for the above projects to the 2011 Water & Sewerage Utility Fund Capital Program and utilize the available funding to cover the funding required for the Dever Road Water Transmission Main project. 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 construction contracts, the City's General Specifications and the specific project specifications. 249 M &C 2010 - 173 May 19, 2010 Page 3 RECOMMENDATION It is recommended that: Contract No. 2010 -4: Dever Road Water Transmission Main, be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $5,206,783.49 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 2. The $1,367,143.36 added funding for the Dever Road Transmission Main project be covered by deferring the construction and construction management of seven 2010 projects to the 2011 Water & Sewerage Utility Fund Capital Program as outlined in this report. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 250 REPORT TO COMMON COUNCIL M &C2010 -178 May 20, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2010 -09: Asphalt Concrete Resurfacing - 2010 BACKGROUND M. The City of Saint John The 2010 General Fund Operating Budget for Municipal Operations & Engineering and the General Fund Transportation Capital Program include a provision for the resurfacing of a number of streets in the City. This is an annual program to upgrade and maintain deteriorating street surfaces under the maintenance and capital resurfacing programs. This contract includes all work associated with the resurfacing of a total of 14 streets or segments of streets. The work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 13,725 tonnes of mix type "D" asphalt concrete along with the full depth reclamation and stabilization of 14,800 m2 of existing asphalt pavement and granular sub -base. Also included in the contract is the installation of approximately 1,685 lineal meters of concrete curb and 185 lineal meters of 1.5 meter sidewalk. TENDER RESULTS Tenders closed on May 19, 2010, with the following results: Classic Construction Ltd., Saint John, N.B. $ 3,556,913.43 2. Debly Enterprises Ltd., Saint John, N.B. $ 3,744,107.25 The Engineer's estimate for the work was $3,216,910.56 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. 251 M &C2010- 178 May 20, 2010 Page 2 FINANCIAL IMPLICATIONS This contract involves work that is to be charged to various operating and capital budgets. Assuming award of this contract to the low tenderer, an analysis has been completed which concludes that a total of $3,199,069.00 was provided in the various budgets and the projected completion cost of the projects included in this contract is estimated at $3,278,522.19, including the City's eligible H.S.T. rebate — a $4,705 positive difference in the General Fund Transportation Capital Program, a $12,420.84 negative difference in the General Fund Operating Budget and a $71,737.47 negative difference in the Saint John Water & Sewerage Utility Fund. The higher General Fund Operating Budget amounts can be attributed to the unit price for Asphalt Concrete caused by a recent spike in the cost of asphalt binder. The cost of asphalt binder fluctuates over the construction season; it will be monitored closely and adjustments made to the contract unit price for asphalt as the work is carried out. On March 1, 2007, the City of Saint John entered into an Agreement with NB Power Coleson Cove regarding the vesting of King William Road to the City as a municipal street. The Agreement included a provision for NB Power to contribute $491,550.00 for the upgrade and/or improvement of the road whenever the City deemed the work necessary. Staff has determined the resurfacing of King William Road is needed. The funding provided by NB Power covers only a portion of the work on King William Road. The additional cost approximately $434,500 would be covered under the General Fund Operating Budget for asphalt resurfacing. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2010 -09: Asphalt Concrete Resurfacing - 2010, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $3,556,913.43 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 252 \- --,, Planning Advisory Committee May 19, 2010 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Land for Public Purposes Berryman Estates Subdivision 210 Cottage Road City of Saint John The Planning Advisory Committee considered the attached report at its May 18, 2010 meeting. Terry Lockhart appeared on behalf of the developer in favour of the staff recommendation. No one else appeared before the Committee concerning this application, but two letters were received from area property owners (see attachments). After considering the report and presentation, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. RECOMMENDATION: With respect to the submitted Berryman Estates Subdivision, Phase 4 and Amendment to Phase 2 tentative plan: (a) That Common Council assent to the additional Land for Public Purposes dedication of approximately 2,380 square metres (25,619 square feet); and (b) Under the authority of Section 57 of the Community Planning Act, authorize the release of an approximate 210 square metre (2,260 square foot) portion of the existing L.P.P., which would become a portion of proposed Part Lot 15 -B as illustrated on the plan. Respectfully submitted, Carl Killen Chairman MO Project No. 10 -131 253 11 i I DATE: MAY 14, 2010 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 18, 2010 PREPARED BY: REVIEWED BY: fN� 11 Mark O'Hearn Ken Forrest, MCIP, RPP Planning Officer Commissioner SUBJECT: Name of Applicant: Hughes Surveys and Consultants Inc. Name of Owner: Berryman Investments Inc. and City of Saint John Location: 210 Cottage Road (Project File) PID: 55112510 & 55198717 Municipal Plan: Low Density Residential Zoning: "R -2" One and Two Family Residential Proposal: To vest additional Land for Public Purposes for a developing residential subdivision and to release a portion of an existing L.P.P. dedication. Type of Application: lr SAINT JOHN Subdivision P.O. Box 1971 Saint John, NB Canada EX 40 I vwvw.saingohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 40 254 Berryman Estates Subdivision, Phase 4 and Amendment to Phase 2 Page 2 210 Cottage Road (Project File) May 14, 2010 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on subdivision applications involving the acceptance and release of Land for Public Purposes dedications. STAFF RECOMMENDATION TO COMMITTEE: With respect to the submitted Berryman Estates Subdivision, Phase 4 and Amendment to Phase 2 tentative plan: (a) That Common Council assent to the additional Land for Public Purposes dedication of approximately 2,380 square metres (25,619 square feet); and (b) Under the authority of Section 57 of the Community Planning Act, authorize the release of an approximate 210 square metre (2,260 square foot) portion of the existing L.P.P., which would become a portion of proposed Part Lot 15 -B as illustrated on the plan. BACKGROUND: On June 27, 1995 the Planning Advisory Committee approved the creation of five unserviced residential lots along Cottage Road from the original property. Common Council later accepted a cash -in -lieu Land for Public Purposes dedication for that subdivision. On June 11, 1996 the Committee approved the creation of another unserviced residential lot (290 Cottage Road) with a private access. The proposed gravel roadway was later developed and a new dwelling constructed. On May 21, 2003 the PAC recommended the rezoning of the subject property from "RS -2M" One and Two Family and Mobile Home Suburban Residential and "RF" Rural to "RSS" One Family Serviced Suburban Residential. This request was to permit the development of a new serviced residential subdivision with one family dwellings on public streets with ditching and overhead utilities (but no curbing or sidewalks). The development did not occur. On October 17, 2006 the Planning Advisory Committee considered a further rezoning and subdivision application by Hughes Surveys and Consultants Inc., on behalf of Berryman Investments Inc., seeking permission to rezone the area from "RSS" One Family Serviced Suburban Residential to "R -2" One and Two Family Residential. The purpose of this rezoning application was to obtain permission to undertake a fully serviced residential subdivision with one and two family dwellings. The Committee recommended the requested rezoning and subdivision development, including the vesting of a 2,136 square metre (22,992 square foot) portion of a central Land for Public Purposes dedication. 255 Berryman Estates Subdivision, Phase 4 and Amendment to Phase 2 Page 3 210 Cottage Road (Project File) May 14, 2010 On November 6, 2006 Common Council gave third reading to the rezoning and assented to the subdivision development (including the recommended L.P.P. dedication). The L.P.P. dedication was vested upon the filing of the final subdivision plan for the Berryman Estates Subdivision, Phase 2 on June 23, 2009. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed Land for Public Purposes. Buildings and Inspection Services has been advised of this application. Leisure Services has been advised of this matter. Saint John Energy, Bell Aliant and Rogers have been advised of this proposal. Saint John Energy has advised that existing underground facilities are available to service the lots along Bernice Court. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have no concern with regards to this application. ANALYSIS: In 2006 the City approved the initial phasing of the Berryman Estates Subdivision (see Background section of this report and the attached Overall Concept plan). Since that time the developer has subdivided the majority of this area in phases, including a 2,136 square metre (22,992 square foot) portion of the anticipated overall Land for Public Purposes area, Pertinent to this present application, Bernice Court was vested as a public street with Lots 8 -11 on April 26, 2010 (not shown on the location map). The applicant is now proposing to vest a further 2,380 square metre (25,619 square foot) L.P.P. dedication immediately adjacent to the existing L.P.P. parcel. The proponent is also requesting the release of a 210 square metre (2,260 square foot) portion of the existing Land for Public Purposes, which would become a portion of Part Lot 15 -B (see Berryman Estates Subdivision, Phase 4 and Amendment to Phase 2). If approved, the new L.P.P. dedication would total 4,306 square metres (46,351 square feet), and provide a 2,495 square metre (26,857 square foot) credit towards future subdivision development. The consultant has indicated that the proposed new location of the L.P.P. abutting Bernice Court would facilitate the looping of the watermain to the future extension of Berryman Street. The applicant has also suggested that it would provide for better pedestrian access to the L.P.P. area. The additional Land for Public Purposes dedication is consistent with the concept plan supported by staff. The applicant is proposing another pedestrian access for Bernice Court in exchange for the release of the portion of the existing dedication. Approval of the application is recommended. MO Project Ho. 10 -131 256 257 y1 / / , y Mw �4, N J ........... �J J� �JJf RoQd � I II � � 1 rLUUR� DgVELbPMF F. ' G4 o , r r x � + v I , r I 258 'I I avEjum I Q>WCEPT Tentative Plan Berryman Estates Subdivision, Cily of Saint John, Soint John County, ProMCC of New Brunswick. 259 APPROVALS Reaislra Uon Dula o.n« name L.rrynen m.enar.na u.e. PLO .55112510 or-i rs oat « AREA, OF hsu,ArwnL . Iraral« / e0bW0 va 1773 f} 391 pep. 7005- DII -]L SURVEY B«rfnnn Nvalrn,nls Yr. -ppp 6; e°a r 3 . .. Key Plan ...... Scd. 1;100[10 Land For NOTES b.. rm�ieoae:i 1.3 p "I Pubk Purposes Berryman Investments Inc. 2300 .2 1. OLrs m M. B. Grid rr;matn5 rLrAw lrem ehmrraliar an KB. pC0P1^'il G-0 Cq -n6-W 11tlr1. $Lim . {N Dw 6119 IPM %'Am) 2. AL d61— - In .U- . is —i 1¢ kw.im 4 +Li dFrdr ��r q 0.3040. r.w r LjA 2 -A t 0.00 3. Ana N ft , WMWd U- a —s. rwiph«W :da,mgL�r peed lrem .veer sewn. 5 An flpPr 451 P`sn rslsllnxlrr W. 1e U,s R.9'slly Oft. r,r t11 3.r°+ t. 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YS -303 -w M/a} -01,04 259 Lockhart, Lynda From: stephen.burke @nb.sympatico-ca Sent: Thursday, May 06, 2010 12:36 AM To: External - Planning Cc: skephen,burke @nb.sympatico.ca Subject: Cottage Rd Development To whom it may concern, as a new resident of 294 Cottage Rd, I do not support this idea because what it seems to me you are going to tear down all these trees to build these houses that nobody will buy .There is no work going on here in Saint John which means nobody is not going to be able to afford these places.You are going to end up with slot of empty houses.So you intend on to destroy a nice country view along with the homes of animals.No wonder we have problems with the deer & coyotes.You go and destroy their habitant leaving them nowhere to go.Scott Darling according to some sources he'll start projects but does not finish them.I urge you to please reconsider.]ust to give you a heads up, I do have any intension of selling any of my land.If I was to do that .It would be triple the amount what we paid for it, if anyone gets any ideas of me selling.IT IS NOT GOING TO HAPPEN.We just moved here & I am not going to loose it.2 ask you again please reconsider.I do not want to put up with a bunch of young yahoos racing on the road next to my place for we have a 7 year old autistic boy.I am against it.Yours truly Stephen Burke i 260 P`Q n. n,; n v% so 1 Co m m 0,4 � r .�a.Y1 �J��h1/,)a 14 e_n 4- n n MAY 13 2010 mq,.' K .,J °A4INT a� 3f� / �6 � Q n S � Yl 'cJ�!'i'yr/Yi.c�7r 3� / �4� Lam: V�`� rU n� _? -4.a kA f y 6 tLV1�2Iz '` �h �Q s5 '� T�Q t, I^S o a.`k & (jq "Inokln dates c-, Y'4(nj k -e- h)q n s � r c c► �. `7 8 v r o vie v, r- A,! au- Po 14 d AA � �Qre- " —1 . t� -f /I -4.iv& s -A 8 t— f1OyYzph 4, �/acc� 44Cnn-!`ry e �-0,r ce, n 4 a 6 Q? i� l 261 / J, y rL PSI - ,p ' C' 6v cL 4--s--krm 262 May 5, 2010 Your Worship and Councillors: SUBJECT: Proposed Subdivision - 210 Lakewood Avenue The Committee considered the attached report at its May 4, 2010 meeting. It should be noted that the Committee's recommendation with respect to the rezoning of the property was the subject of a separate letter from the Committee to Council. Mr. Bev Purinton, the applicant, was present at the meeting and indicated he was in agreement with staff's recommendation. He indicated that he has worked with staff on preparing this proposal. He also responded to issues raised in the letters received from neighbours. Mr. Purinton noted his engineering consultant has reviewed the sewer capacity with representatives of Municipal Operations and Engineering and will be preparing a drainage plan and report in accordance with City criteria. He also noted traffic generation from the development will be negligible. During the installation of services for the development, it is his intent not to do any blasting and to work within the confines of the existing Noise By- Law. Mr. Peter Waller of 199 Lakewood Avenue and Mr. Terry Evans of 191 Lakewood Avenue appeared before the Committee and raised concerns including traffic on local roads, drainage, noise, and additional flow into the area's sewer system. Six letters were received expressing concerns with and opposition to the proposed development (copies attached). After considering the matter, the Committee adopted the staff recommendation with respect to the subdivision of the site. RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed street, as generally indicated on the photo- reduced tentative subdivision plan entitled `Lakewood 263 IPM Valley Subdivision Plan', as well as any necessary municipal services easements and public utility easements. 2. That Common Council assent to the proposed Land for Public Purposes dedication of approximately 560 square metres (6,027.8 acres) in the vicinity of Lakewood Avenue, as generally indicated on the photo- reduced tentative subdivision plan entitled `Lakewood Valley Subdivision Plan'. 3. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Respectfully submitted, Terry Cornfield Vice - Chairman MR Project No. 10-117 264 DATE: TO: FROM: FOR: PREPARED BY: APRIL 30, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING ® PLANNING AND DEVELOPMENT MEETING OF MAY 4, 2010 :JWFA1XVINa17:�•ii Nayan Gandhi, MCIP, RPP Ken Forrest, MCIP, RPP Planner Commissioner SUBJECT: Name of Applicant: Bev and Kathy Purinton Name of Owner: Bev and Kathy Purinton Location: 210 Lakewood Avenue PID: 55190599 Municipal Plan: Low Density Residential Zoning: Existing: "RS -1" One and Two Family Suburban Residential Proposed: "R -2" One and Two Family Residential Proposal: To rezone the property to enable a residential subdivision of 10 lots (plus a separate lot for the applicant's house and remaining property). Type of Application: Rezoning and Tentative Subdivision Approval 265 Bev and Kathy Purinton Page 2 210 Lakewood Avenue May 4, 2010 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, May 10, 2010. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City/Developer Subdivision Agreements. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 1 hectare, located at 210 Lakewood Avenue, also identified as being a portion of PID No. 55190599, from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, as generally illustrated on the enclosed Rezoning Plan. 2. That Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed street, as generally indicated on the photo- reduced tentative subdivision plan entitled `Lakewood Valley Subdivision Plan', as well as any necessary municipal services easements and public utility easements. 3. That Common Council assent to the proposed Land for Public Purposes dedication of approximately 560 square metres (6,027.8 acres) in the vicinity of Lakewood Avenue, as generally indicated on the photo- reduced tentative subdivision plan entitled `Lakewood Valley Subdivision Plan'. 4. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. BACKGROUND: The applicant originally approached Planning staff in early Summer 2009 to discuss potential residential subdivision of the subject land. Previous Application The applicant submitted an application to Council to rezone the applicant's entire property from "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, "R -4" Four Family Residential and "TH" Townhouse with the long -term intention of developing the property over a number of years. The applicant submitted plans showing how the development will take place over a number of phases, likely spanning many years given the absorption rates in the City for single, two and multi - family residential, and this was enclosed with the application. The Planning Advisory Committee recommended approval of that application at its meeting on January 26, 2010. At the Council meeting on February 1, 2010, a number of residents appeared before Council during the Public Hearing and raised concerns regarding some of the higher density residential uses within the 266 Bev and Kathy Purinton 210 Lakewood Avenue Page 3 May 4, 2010 proposed development, traffic generation, access to the wider street network, the lack of pedestrian infrastructure nearby, the condition of Lakeview Drive, water /drainage matters, and other issues. Some of the residents indicated that if the proposal was only for 10 lower- density dwellings then they may be supportive of the proposal; some did not support any residential development in the area. Common Council denied the application. The applicant considered the comments received by Councillors and the residents and submitted a revised rezoning application, seeking only to rezone an area for up to 10 lots (plus one lot for their existing house), which is now the subject of this application. Common Council scheduled a public hearing at its meeting on March 29, 2010 on the basis that there is new evidence and/or a change in circumstances which warrants consideration of the new application. This decision was made pursuant to Section 910(3)(d) of the Zoning By -law. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning application: • Detailed engineering drawings from an engineering consultant must be submitted to the City for review and approval. • There is an existing watercourse on adjacent PID # 00310672 • Water capacity, pressures and fire flow requirements will have to be verified by the developer's engineering consultant. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from this proposed development and recommendation of the adequacy of this proposal. • There is no municipal storm sewer on Lakewood Avenue. • The developer must provide a detailed site drainage plan and report indicating how storm water collection and disposal will be handled. • An engineering water and sewer analysis must be completed in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. • If any upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must be submitted prior to determining this. • Currently there are other significant developments proposed in this area and all are adding to the existing water and sewer system utilising existing remaining capacity of the systems. • All grades for water and sewer systems must be verified by the developer's engineering consultant. In addition, the Department indicates that Lakeview Drive between Lensdale Crescent and Loch Lomond Road is scheduled to be resurfaced this year. Buildings and Inspection Services has no concerns. Real Estate Services would like to take cash instead of Land for Public Purposes at this stage. 267 Bev and Kathy Purinton Page 4 210 Lakewood Avenue May 4, 2010 Saint John Fire Department has no objection to this application, provided that pertinent sections of the National Building and Fire Codes are strictly adhered to; specifically Sections: 3.2.5.4 `Access Routes', 3.2.5.5 `Location of Access Routes', 3.2.5.6 `Access Route Design' and 3.2.5.7 `Water Supply'. Saint John Transit indicates that there is transit service in the Lakewood Heights area. Saint John Energy has indicated there are overhead facilities in the area to service the proposed subdivision. Any cost and easements required to extend facilities will be dealt with at a later date. Leisure Services has been advised of this application. Geographic Information Systems (Planning and Development) has been advised of this application. N.B. Department of Environment has been advised of this application. School District 8 has been advised of this application. Aliant has no concerns with the application. Rogers has been advised of this application. Maritimes & Northeast and Brunswick Pipelines have indicated the proposal is clear of their facilities. Enbridge Gas has been advised of this application. ANALYSIS: Site The subject site is located at the end of Lakewood Avenue in the Lakewood Heights area in East Saint John (see location plans). The site currently contains the applicant's residence, setback some distance from the edge of Lakewood Avenue and accessed by a private drive. The area subject to the rezoning and tentative subdivision area is approximately 1.0 hectare (2.4 acres) (the subject site), with the applicant's total ownership being approximately 20 hectares (65.6 acres). The remainder of the property outside of the subject site is vacant and largely covered by mature vegetation and trees. The topography of the property is illustrated on the enclosed topography map, and indicates a number of grade changes. Surroundings The Lakewood Heights residential area is located to the west of the subject site, which is comprised of single family dwellings with long, narrow lots (the rear of which is primarily forested). The Willie Avenue Water Tank borders onto the applicant's property north of Willie Avenue. ' The plan differs from the one circulated to neighbours in that it now shows the Land for Public Purposes dedication. 268 Bev and Kathy Purinton Page 5 210 Lakewood Avenue May 4, 2010 In the wider surroundings, Lakewood Heights Elementary School is located on Lakeview Drive close to the subject property. The nearest commercial centre is located at the corner of Loch Lomond Road and Hickey Road. Access from the subject site to the wider area is obtained from Lakewood Avenue (or Willie Avenue), Lakeview Drive and then Loch Lomond Road. A new subdivision is being built nearby, off Summit Drive (as noted above). Proposal The applicant is seeking to subdivide his property into 10 residential lots (plus an additional lot for their existing house) over in the short-term (approximately two - years), and has provided a tentative subdivision plan illustrating the layout of the development (see enclosed plans). The applicant is aware that at present the property is zoned suburban residential development ( "RS -1" One and Two Family Suburban Residential). However, to provide for development of an more urban nature, in keeping with the surrounding community, the applicant is currently seeking to rezone the subject site from its current designation to "R -2" One and Two Family Residential, as shown on the enclosed plan. The remainder of the site will remain zoned "RS -1" One and Two Family Suburban Residential at this time. Council approved similar applications in this area in the recent past (Summit Drive). An application for tentative subdivision approval has also been submitted with this application and is being considered at this time. Municipal Plan Direction The subject site and immediate surrounding area to the east, south and west are designated Low Density Residential by the Municipal Plan. This property is in Staging Area 1 within the City's serviced area in the Municipal Plan, which means any development in this area is required to be fully serviced by municipal water, sewer and storm water services. The nearest District Centre is located at Hickey Road, which contains a number of retail outlets, including a food store. A number of major employment areas, including the Regional Centre at Westmorland Road and industrial development along Bayside Drive and Grandview Avenue are nearby. A convenience store is located at the corner of Lakeview Drive and Loch Lomond Road. 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 subject land, but it will still be substantially lower than the maximum density contemplated in this designation. Transit services are provided in the Lakewood Heights subdivision. The proposed rezoning is therefore consistent with the Municipal Plan. Request for Rezoning The principal consideration of the request is whether the property should be developed in a more suburban, single and two - family residential development as allowed by the current zoning, or whether it should be developed as a more urban, one and two - family residential development. 269 Bev and Kathy Purinton Page 6 210 Lakewood Avenue May 4, 2010 Implications of Zone Requirements The applicant is seeking the "R -2" One and Two Family Residential for the subject site, with the remainder of his property remaining in the "RS -1" One and Two Family Suburban Residential zone. A schedule comparing the spatial requirements of existing zone and the proposed zone is enclosed to this report. Essentially, the primary difference between the "R -2" One and Two Family Residential zone and the "RS -1" One and Two Family Suburban Residential zone is that the former zone requires a substantially small lot size. This is facilitated by a reduction in the minimum lot width from 54 metres (177.2 feet) to 18 metres (59 feet) (a difference of 36 metres (118.1 feet). In addition, the lot depth requirements in the "R -2" One and Two Family Residential zone are 30 metres (98.4 feet) instead of 38 metres (124.7 feet) required in the "RS -2" One and Two Family Suburban Residential zone. Other differences include the front and side yard setbacks, and the minimum ground floor of any dwelling on the property. Character of Lakewood Avenue Staff examined the character of the existing residential development along Lakewood Avenue from Huxtable Street to the subject property, and found that the average lot width along the northern side of the street was 24.1 metres (79.1 feet), with the average on the south side being 28.7 metres (94.2 feet). The average lot width along Lakewood Avenue from Lakeview Drive to the subject property is 27.2 metres (89.2 feet). As such, the zone standards for the "R -2" One and Two Family Residential more closely match the existing character of neighbourhood then the "RS -2" One and Two Family Suburban Residential requirements. Achieving Sustainable Development The City of Saint John has previously rezoned land in this immediate area (at 436 Summit Drive) from a similar suburban residential zone to "R -2" One and Two Family Residential to permit urban residential development. Furthermore, similar rezoning applications to change the zone from "R -2" One and Two Family Residential have been approved elsewhere within the City. Staff encourages new residential developments to take advantage of the reduced lot sizes allowed in the "R -2" One and Two Family Residential zone to enable the creation of more affordable residential building lots which utilize new municipal infrastructure much more efficiently. The pattern of development in the "R -2" One and Two Family Residential zoned significantly reduces the City's long -term operating capital costs to support this form of development. Staff considers that the requirements set out in the "RS -1" One and Two Family Suburban Residential zone are too suburban for the location. It requires unnecessarily large lots for the degree of development achieved. By rezoning the property to a more urban single /two - family residential zone, this would assist in achieving the City's goals of delivering sustainable development. The long -term economic and environmental sustainability of the City of Saint John will depend, in part, on the community's ability to facilitate more urban -style development that is more sustainable. Access and Traffic Access to the subject site is currently via Lakewood Avenue, Lakeview Drive and then Loch Lomond Road. The typical traffic generation from 10 single family residential dwellings is: • AM Peak (1 hour between 7 -9AM) 8 trips (2 in/6 out) 270 Bev and Kathy Purinton Page 7 210 Lakewood Avenue May 4, 2010 • PM Peak (1 hour between 4 -6PM) 10 trips (6 in/4 out) In other words, the AM peak generation for 10 lots would be one car movement occurring approximately every 7.5 minutes, and in the PM, it would be one car movement every 6 minutes. As such, traffic generation of the proposed subdivision is effectively negligible, and the existing street system is more than adequate to accommodate the minor net increase in traffic. Separate to this, concerns were previously raised regarding the condition of Lakeview Drive. According to the Department of Municipal Operations and Engineering, Lakeview Drive between Lensdale Crescent and Loch Lomond Road is due to be repaired this year (as approved in the 2010 budget). Concern was also raised regarding the lack of provision for sidewalks in the area. This is a common situation in subdivisions which pre -date the by -law. Indeed, the Lakewood Heights subdivision was originally developed as an un- serviced subdivision, and its design does not lend to financially cost - efficient delivery of municipal infrastructure. As such, it is unlikely that sidewalks will be installed in the area. That said, as demonstrated above, the likely traffic generation of the proposed dwellings will be negligible and will not adversely affect the existing conditions. Existing pedestrian movements can be facilitated on road without being adversely affected by this development. Drainage With the introduction of the City of Saint John Storm Drainage Criteria Manual in December 2008, developers must demonstrate appropriate engineered drainage systems to handle any proposed storm water run -off. This applicant has engaged an engineering consultant to prepare drainage proposals, and prior to any final engineering approvals, the developer will need to demonstrate that the system will handle all drainage within the proposed system. This is therefore not considered to be an issue. Request for Tentative Subdivision Approval General Layout The applicant has submitted a tentative plan for subdivision approval. The proposal includes 7 lots along the south side of an extended public street (Lakewood Avenue), along with three lots located on the north side of the extended street (and a remainder lot for the applicant's existing house). Two lots located on the north side of the property immediately adjacent to the property 204 Lakewood Avenue are larger -sized lots, which reflect the size of adjacent lots. The applicant does not propose larger sized lots on the south -side of the proposed development due to topography. The layout includes a northward turn towards the end of the street leading towards a temporary turn- around. The northward turn in the street is considered appropriate as it reflects the existing topography of the land. Staff has examined the plan, and considers the layout to be in accordance with the requirements of the Zoning and Subdivision By -laws, should the property be rezoned. The general layout respects the existing contours of the land, as well as its wider surroundings, and generally facilitates development in a reasonable, sustainable and financially responsible manner. Provisions of Work and Facilities The Subdivision By -law requires the developer to construct the proposed new public streets to standards and as required by the Commissioner (Chief City Engineer or his designate). This will include at least a 271 Bev and Kathy Purinton Page 8 210 Lakewood Avenue May 4, 2010 9 metre (30 foot) wide asphalt driving surface, concrete curbing along both sides, and the installation of a 1.52 metre (5 foot) wide concrete sidewalk along one side of the street. Underground public utilities, street lighting, and full municipal services (i.e., sewer, water, and storm) will also have to be provided by the developer. The staff recommendation includes all the necessary assents and approvals for this proposed subdivision. Also required will be detailed site drainage plans and a design brief respecting storm water collection. These plans will be subject to the approval of the Chief City Engineer or his designate in order to ensure proper drainage. There will also be other requirements expected of the developer (see the comments from Municipal Operations and Engineering earlier in this report). Land for Public Purposes Dedication The Subdivision By -law requires a dedication of six (6) percent of the land area be dedicated as Land for Public Purposes (LPP). The requirement for the proposed subdivision is 544 square metres (5,855.6 square feet). The applicant proposes a dedication of 560 square metres (6,027.8 square feet) located at the end of the proposed subdivision, which is a little greater than that required. Staff considers this dedication to be appropriate as it would provide the public with opportunities to enjoy long- distance views as provided by the location and height of the land to be dedicated. The LPP dedication can be supported and the appropriate recommendation is included above. CONCLUSION: The proposal seeks to maximise the use of land. This request is consistent with the policies of the Municipal Plan and is an example of more sustainable urban residential development, which should be strongly encouraged from all residential developers in staff's view. The standards of the proposed zone match more closely to that of the existing neighbourhood, and similar rezoning applications in close vicinity of the subject site have been approved for similar reasons. The likely impacts of the development would be minimal. Traffic generation on 10 lots is generally negligible, with an increase in traffic in the neighbourhood of approximately 10 cars per hour at peak times (one car every six minutes). The developer will be required to ensure drainage is contained on site and enters existing drainage channels. The location of the road, and general design of the proposed subdivision complies with the proposed zone's requirements, should it be rezoned. The land proposed to be dedicated for public purposes meet's the requirements of the Subdivision By -law. As such, the appropriate approvals are included with the recommendation on the rezoning of the property. The rezoning and tentative approval applications are strongly supported. NG Project No. 2010 -117 272 PLANNING AND DEVELOPMENVURBANISME ET MVELOPPEMENT RS -1 RS -1 Arum �� r 3 cn. Iy� epq . o�w a +• Y Subject Site /site en question: Location: 210 Lakewood Avenue Date: March 24, 2010 Scale /6chelle: 1 :5,000 (@ US Letter size) 273 S- WO P I D (s)/N I P(s): 55190599 awmmig . AL T-0328-PHV Zt- Oil T fir COL -0 z CD Pi is 14, .1 Li / � o to IN mn IF ` / � o to IN mn IF 277 rh R 2 � 7 72 W � A � � o § n ■ g ■ # o b q f § / M ■ J 2 = Q N � 0 A © ? k J// f 2 2�§ g C q n � � K 2 % �7�f « o � � » � . � o / k � ■ O � ) m `k ■ � / U �5 k k 277 Lockhart, Lynda From: Coleman, Lori (ED08) [Lori.Coleman@N BED. NB. CA] Sent: Monday, May 03, 2010 3:49 PM To: External - Planning Subject: FW: Apposed to Rezoning 210 Lakewood Ave From: Lori Coleman Sent: Monday, May 03, 2010 9:05 AM To: External - Planning Cc: Coleman, Lori (ED08) Subject: Apposed to Rezoning 210 Lakewood Ave Dear Planning Advisory Committee: Please be advised that I wish to express by opposition to the rezoning of 210 Lakewood Ave for the following reasons. 1. Adding a new subdivision would basically turn Lakewood Ave into a through fare and persons traveling to and from this new subdivision will treat it (Lakewood Ave) as such just as we all treat Lakeview Dr. Most of us probably wouldn't admit it but while traveling to our destination (home) we pay little attention to what's between us and our destination in this case children walking home from school and our seniors walking their dogs etc. I strongly believe by turning Lakewood Ave into a through fare everyone in this neighborhood will be in danger just as Loch Lomond has become such a dangerous route re - these routes were not made for such heavy traffic. My children who are older now enjoyed being able to ride their bikes and play ball hockey without worrying about trucks etc. This is why we move from Pauline St (a high traffic through fare) almost 8 years ago. Solution to traffic issues - any new developement would require it's own access road from the Loch Lomond Rd which will hopefully-be built up at some point. 2: Another issue is just about everyone (us included in fact our home has decrepitated in value due to same) get water in their basements despite installing new drain systems. I strongly believe and it has been suggested to me by one Civil Engineer that this area (Lakewood Heights) has significant ground water which keeps the ground saturated. Consequently when it rains it does not take long before the ground becomes over saturated and water due hydrostatic pressures is pushed into our basements. I grew -up in Glen Falls and my parents are there to this day... are we (Lakewood Heights) the next flood zone! One wouldn't think given our altitude that water would be such a problem! Solution - I strongly believe an environmental study would confirm that Lakewood heights has a very high water table therefore proper drain systems must be installed in our neighborhoods before any plans to develop a new neighborhood are considered. Once again I strongly appose this development and if it goes through will look at moving out of Saint John even though I have been a resident for 45 of my 47 yearsl PS I never received notification of this development yet I live 6 Houses from same! 278 Lori Coleman 132 Lakewood Ave 566 - 696 -9282 279 Lockhart, Lynda From: Art Ross [aross @nbnet.nb.ca] Sent: Monday, May 03, 2010 10:31 AM To: External - Planning Subject: Rezoning 210 Lakewood Ave Fix our streets in Lakewood Hts before approving any new homes in this area.l have lived on Lakeview Dr for over 23 years and have never seen the streets in such poor condition. At least make a attempt to repair the ruts,holes and heaves.This street is a major route for School buses ,Transit buses,trucks and other traffic.The school was expanded a few years ago with no planning regarding traffic. I am totally against any rezoning in this Subdivision until road repairs are made and proper infrastructure is in place. Arthur Ross 247 Lakeview Dr E2j3m8 696 -7025 280 OJ,�D �O Lockhart, Lynda From: Debbie Evans [tevansn609 @rogers.com] Sent: Saturday, May 01, 2010 9:46 PM To: External - Planning Cc: Chase, Stephen; Titus, Christopher; Farren, Bill; McGuire, Peter; Sullivan, Gary; Higgins, Patty; Killen, Carl; Snook, Donnie; Court, Bruce; Mott, Joseph; Court, Ivan Subject: REZONING AND TENTATIVE SUBDIVISION APPLICATION FOR 210 LAKEWOOD AVE. In regards to the letter that we received - REZONING AND TENTATIVE SUBDIVISION APPLICATION - 210 LAKEWOOD AVENUE My name is Debbie Evans and I have lived at 191 Lakewood Ave. for the last 11 years. I have many concerns about the tentative subdivision at 210 Lakewood Ave. last summer, for the first time in 50 years, my basement flooded twice. Not just with water, but with sewage backup. Imagine how nice it is to come home and find that half of your belongings are floating in sewage. Since then, I have found out that many people on our street have had similar issues. Why did this happen for the first time in 50 years? Could it be the extension to our sub- division that is being constructed on Dolly Street, where they have clear cut a whole hill? Could adding this many houses to an existing 60 year old sewage system have anything to do with it? I am sure that the planning dept. checked all this out before they allowed these houses to be built. My insurance company has since informed me that they are discontinuing my sewage back -up clause on my policy unless we put in a back up valve that costs $1500.00. Since I can't afford this I am sure that the city wouldn't mind paying for my basement to be redone everytime that this happens. If this new sub - division is allowed to be built, I expect it to happen weekly. My second concern is the road itself. If anyone from the planning dept has taken a drive out here,) am sure that they see, (like everyone else that comes to visit us), that we live on one of the worst streets in the city. If you don't go slowly over some of the bumps, your car can become airborne. The main reason for most of the bumps is that every year, the water dept. has to dig up the road at least once,to fix the water pipes that are so old that they spring a leak. These are the same pipes that you want to attach Lakewood Valley Subdivision Phase One to. This road is not even on a list to be repaired, which makes sense because there are still some houses that have not had there pipes leak yet, so they would just have to dig it back up again. Also this road is not very wide, has no sidewalks and deep ditches, which brings me to my third concern. My third concern is the traffic. Does the planning dept. realize that there is an elementary school at the corner of Lakewood Ave and Lakeview Drive. This school has approximately 300 students. More than half of these students are walking students. This school has two entrances. The crosswalk for the main entrance on Lakeview Ave. is on a blind knoll. Even though they have a crossing guard there, many people speed on this road . The other entrance is on Lakewood Ave. which has no sidewalks, deep ditches, ect. It is hard enough for these children to get to school safely but since Lakeview Drive and Lakewood Ave. are the route to be used for this sub- division, not only would there be a lot of traffic from cars, there would also be a lot of traffic from trucks and machinery doing the construction. This will be a nightmare. My fourth concern is the blasting that would have to be done. Since the property that they want to sub - divide has a lot of rock, most of the houses built would have to blast if they want a basement. Since most people do want a basement I have a great concern about my basement cracking, noise, machinery, etc. My final concern is the change in our quality of life. When we bought our home 11 years ago, we did so because it was a quiet street in a quiet subdivision. We wanted our children to go to a small neighbourhood school and be able to ride their bikes on the street on their way to school. Many of the people in this sub - division are either seniors who have been here for 40 or 50 years, or young familys with small children. I hope that the planning dept have taken this into account. I know that the city is looking for new subdivisions to be built to raise the tax base. That is NEW subdivisions. Not extensions to 60 year old sub - divisions. It is this kind of thinking , that makes people want to leave Saint John for the outlying areas. I don't care if they are building 10 houses or 130, 1 still have the same concerns. I hope that you will take these concerns into consideration. Thank you Debbie Evans 281 MAY 0 3 2010 Lockhart, Lynda AISA-7 From: Haley Evans [h.evanss@gmail.com] Sent: Sunday, May 02, 2010 1:53 AM To: External - Planning Subject: REZONING AND TENTATIVE SUBDIVISION APPLICATION 21MA*4$1 &B AVI'_'j To whom it may concern; � .cll��) �' I am writing to you this evening in regards to the letter I have received entitled "REZONING TENTATIVE SUBDIVISION APPLICATION FOR 210 LAKEWOOD AVE ". My family and myself, like many of my neighbors, are very concerned about the plan to expand the Lakewood Heights subdivision by adding more houses to the end of Lakewood Ave. In this letter I will address my concerns in hopes that you reconsider expanding my neighborhood. Fist of all, I would like to state that I am fully aware that the city of Saint John is looking to build new residential subdivisions to raise the tax base. I certainly support that idea. However, I do not agree that expanding existing subdivisions is how it should be done. Especially not subdivisions, such as my own, which were built 60 years ago. This will cause nothing but problems. I have been living on Lakewood Ave for most of my life. It was the best possible area for me to grow up. Every morning I was able to walk to school with my neighbors as the small school was just down the street. Living on a dead end road aloud me and my sister the freedom to ride our bikes, jump rope and play with sidewalk chalk without the fear of busy traffic. Living in Lakewood Heights really aloud me to have a safe and complete childhood. Unfortunately, by expanding our neighborhood, Lakewood Height will no longer be the quiet, friendly subdivision it once was. If the new houses are built, the only was for them to exit their properties will be through Lakewood Ave, which is the same road that has one of Lakewood Heights Elementary School's main entrances.Considering half of the school's population consist of walking students that do not take a bus, I do not feel as if children will be safe walking home during construction, or even afterwards as there will be 130+ more cars on the street. Apart from the safety of our children, I have other concerns. My house is situated a mere two houses away from where the construction will be held. The property in which the subdivision will be build, is based mainly on rock. Although I am no construction worker, I am assuming in order to build modern houses on rock a lot of blasting will have to be done. As previously mentioned, my family and I have been living here for years, and have put a lot of money into remodeling our old house. During the construction and the blasting, I will have to worry about damages to my house, garage, cabin and pool. Please keep in mind that it is not only I who may suffer from damages, but the entire neighborhood itself. While on the topic of damages I would like to mention that during August of 2009, my basement flooded with sewage backup. My bedroom is located in the basement of my home, as well as a bathroom, living space and a large storage area. This whole basement was just refinished and furnished. During the flood, almost all of my personal possessions were ruined. Many of which were keepsakes that I will never be able to replace. Not only we're the soaked, but in sewage. Thankfully, our insurance covered most of the damage. However, my insurance company has recently informed me that in order to be covered for flooding in the future, I will need to purchase a special valve costing well over a thousand dollars which I can not afford. When the basement first flooded, I figure it was just bad luck. However after speaking to many of my neighbors and friends, I have found out that nearly my entire neighborhood experienced flooding for the first time ever this summer. What is different now then it was before? After much thought I have concluded that the recent construction in Lakewood Heights, on Dolly street, has caused the rest of the area to flood. Why? Although I am no plumber, I 282 have a feeling it may have to due with the added pressure of 20 -some odd houses to a 60 year old sewage system. I am now hoping that the City of Saint John will be able to pay for all of the damages caused by their construction in the future, as I am presuming floods will be recurring. Finally, I am very concerned about the quality of our roads in Lakewood Heights. It is well known that our subdivision has by far the worst roads in the city. I drive a small vehicle and spend most of my time avoiding potholes and bumps, often driving on the left side of the road, because if I hit some of the dents going a speed above 20 km/hour my car will become airborne. As bad as the roads are now, they are still usable. Considering Lakewood Ave is the only road that would lead to Lakewood Valley Subdivision, all of the heavy construction vehicles would have to pass by here, inevitability worsening the conditions of the road. Furthermore, the reason the roads are as bad as they are is due to the constant repairs that are needed to be done to our water pipes because of their age. These are the same pipes Lakewood Valley would be attaching too. This would only result in more pipe leaks and more damage to the subdivision. I do understand that you are looking to make the best decision for the city as well as for the civilians. It is quite possible that the extension of Lakewood Heights will benefit the economical needs of the city. However if you take into consideration the long term damages to the entire community of Lakewood Heights and surrounding areas, it is easy to see that creation of Lakewood Valley subdivision will not give you the result you are seeking. In fact it will.more than likely do the complete opposite, as well as make the many M of Lakewood Heights wary to trust the decisions of the city. Thank you for your time and I appreciate your consideration, Haley Evans. 283 Lockhart, _Lynda From: Peter W [wallers @nbnet.nb.ca] Sent: Sunday, May 02, 2010 8:57 PM To: External - Planning Subject: Rezoning and Tentative Subdivision Application - 210 Attachments: Lakewood For May 4.doc May 2, 2010 Dear Sir 1 Madam: ING 4 Ltt� Lakewoo "venA�k 41 0 � y A 0 Re: Rezoning and Tentative Subdivision Application — 210 Lakewood Drive Though my initial thoughts and comments to Mr. Purinton re the reduced scope of his most recent application were that of acceptance, I've since invested time toward substantial research and analysis. As a property owner immediately adjacent the proposed development, I have the following concerns. Water Damage — Sewerage Very recently homes at 196 and 197 Lakewood Avenue — immediately adjacent on the downhill side of my home — sustained water damage via sewerage backup into their basement. (On further canvassing of the neighborhood, this was found to be a wide - spread problem on Lakewood Avenue. My concern is that this community -wide issue remains non - addressed, and by adding load on this infrastructure through the proposed development, it will be just enough to extend the sewerage backup one more home, into my finished basement. Water Damage — Runoff Though Mr. Purinton has indicated his intentions to facilitate water runoff toward the southeast side of his property (away from existing homes), water has a consistent habit of making its own path. (Example — first home on lower end of Lakewood avenue, protected now by the "great Lakewood wall ".) FACT: Elevation of the proposed development is generally higher than my property. FACT: Water generally runs downhill (except for our local sewerage infrastructure, when overwhelmed). FACT: A high percentage of moisture - absorbing foliage will be removed from between the development and my property. FACT: Residents adjacent development on the northwest side of Lakewood Heights likely received commitments from the City and developer re minimal or no runoff damage. It is my understanding that these commitments have not been honored. It does not require a level of genius to add all of these facts together to see the risk. Elevation + gravity & fluid dynamics + lack of barrier + potential lack of due- diligence = runoff damage. Traffic — Safety One of the key quality of life features associated to my property is that of low traffic volume. Though my children are older now, I have a one year -old grandchild who spends many hours at my home. Though he is well- supervised, i should not have to bear the risks and limitations that increased traffic would pose. The family across the street has two young children. One house down from that, the family has a three year -old. Two houses down on my side, the family has a newborn. All of these families would be impacted. My wife and I also enjoy walking in the neighborhood — another activity 284 that would bear increased risk from increased traffic volumes (especially as no sidewalks exist on Lakewood Avenue, and the road width is ill- positioned to handle any increased throughput). The increased traffic will also add to the congestion and risk around the school zone at the corner of Lakeview and Lakewood. Traffic — Impact on Roads The stretch of road down Lakeview Drive and up Lakewood Avenue contains no fewer than 40 patches, an uncountable number of widening cracks, holes, heaves, and gullies. Increased traffic will further degrade the condition of these roads, especially with the flow of trucks and and heavy equipment associated to the new housing development build. Structural Damage The land within the vicinity of the proposed development is inundated with veins of slate. One needs look no further than the current development in northwest Lakewood Heights, under my garage, or even in the applicant's driveway. It is everywhere. And though the applicant has indicated that "it is soft rock, and blasting won't be required ", I do not agree with his conclusion. When I had attempted to have a backhoe dig a hole for a basketball assembly beside my driveway, he dug for 15 -30 minutes to succeed in reaching a depth of only 4 or 5 inches. His vehicle lurched in the air with each thrust of the shovel. The developer in northwest Lakewood Heights could not get through it without blasting, and Mr. Purinton has no basement in his home on the parcel of land proposed to be developed. He has though indicated his desire to provide basements with his development. Thus, blasting would be a likely necessity. Blasting in the northwest development cracked the neighboring 30 -50 year old foundations, thus my concerns are obvious re my own foundation. I have also had to replace leaking sections of my water intake line on two separate occasions, and the city had to do same just past my shutoff, on the city line. According to those asked, the leaks had been caused by ground vibration — rocks constantly wearing on a section of pipe. Increased traffic, especially though the housing build period will increase the regularity and level of vibration, adding risk to this piece of my structure. Noise Pollution My live -at -home daughter is a shift - working nurse. So too is the woman diagonally across the street. So too likely are other people along the Lakeview 1 Lakewood route to the development zone. With daily blasting or drilling, cutting, hammering, and truck traffic associated to the build, these people are not likely to gain much rest. In addition, seniors and babies requiring daytime rest will almost certainly bear some burden from noise associated to the build. Another hit to quality of life. Increased Taxes New development equals increased taxes on my home - this is a pretty consistent pattern. So I will pay more money to acquire more risk, decreased quality of life, and lower probability of being able to sell my home. This does not sound like a good deal for the majority of impacted homeowners. The Long Term_1_? Even the concerns stated above, associated to the ten -house build, are dwarfed by the impacts of the potential development preferred by the City (stated on public record), and likely the developers. A 285 person can be forgiven for looking at the public- knowledge evidence and drawing the conclusion that this area will likely become a huge new subdivision. So I and my family are very concerned about this application for the build of "just ten houses ". Will we have incurred on us a degree of risk, danger, discomfort, worry, inconvenience, and impact to quality of life? Absolutely YESM Are we going to accept it? Absolutely NOM And all this so that one man can turn a profit. Shame on you... I request that my concerns will be considered seriously, and that the zoning application will ultimately be denied. Peter and Lori Waller, 199 Lakewood Avenue 286 Lockhart, Lynda From: Coleman, Ray Sent: Monday, May 03, 2010 9:06 AM To: External - Planning Cc: lori.coleman@nbed.nb.ca Subject: Apposed to Rezoning 210 Lakewood Ave Dear Planning Advisory Committee: Please be advised that I wish to express by opposition to the rezoning of 210 Lakewood Ave for the following reasons. 1. Adding a new subdivision would basically turn Lakewood Ave into a through fare and persons traveling to and from this new subdivision will treat it (Lakewood Ave) as such just as we all treat Lakeview Dr. Most of us probably wouldn't admit it but while traveling to our destination (home) we pay little attention to what's between us and our destination in this case children walking home from school and our seniors walking their dogs etc. I strongly believe by turning Lakewood Ave into a through fare everyone in this neighborhood will be in danger just as Loch Lomond has become such a dangerous route re - these routes were not made for such heavy traffic. My children who are older now enjoyed being able to ride their bikes and play ball hockey without worrying about trucks etc. This is why we move from Pauline St (a high traffic through fare) almost 8 years ago. Solution to traffic issues - any new developement would require its own access road from the Loch Lomond Rd which will hopefully be built up at some point. 2. Another issue is just about everyone (us included in fact our home has decrepitated in value due to same) get water in their basements despite installing new drain systems. I strongly believe and it has been suggested to me by one Civil Engineer that this area (Lakewood Heights) has significant ground water which keeps the ground saturated. Consequently when it rains it does not take long before the ground becomes over saturated and water due hydrostatic pressures is pushed into our basements. I grew -up in Glen Falls and my parents are there to this day... are we (Lakewood Heights) the next flood zone! One wouldn't think given our altitude that water would be such a problem! Solution - I strongly believe an environmental study would confirm that Lakewood heights has a very high water table therefore proper drain systems must be installed in our neighborhoods before any plans to develop a new neighborhood are considered. Once again I strongly appose this development and if it goes through will look at moving out of Saint John even though I have been a resident for 45 of my 47 years! PS I never received notification of this development yet I live 6 Houses from same! Ray Coleman 132 Lakewood Ave 506 -648 -3237 287 44ro Sata-ntrjohn225 May 21, 2010 Dear Mayor Court and Members of Common Council 15 Market Square, PQ Box 1971 Saint John, NB EX 4L1 T. 506.647.3792 F. 505.632.6118 info @saintjohn225.com www.saintjohn225.com Twitter: saintjohn225 Re: Artist Contracts for Saint john 225's Reunion 2010 Music Fes rival Are'e" Attached, please find Lwo Artist Contracts. It is our recommendation that these Artists Contracts be approved by Common Council. We wish to make a few specific observations regarding these Artist Contracts. First, you will see that the names of the Artists are blacked out. We recognize that this is unusual; however, it is a step that we have taken in order to preserve the marketing of Reunion 2010. We trust that you will appreciate that it would take the wind out of our sales from a marketing perspective if the appearance of the names of the Artists in the Common Council Agenda were to serve as the first notice to the public regarding the entertainment that we have secured for this exciting event. Moreover, you will notice that some handwritten notations and changes have been made in the margins of the Artist Contracts. This is to advise that it is common in the entertainment industry for parties to agree to changes to Artist Contracts by handwritten notations accompanied by the signatures of both parties and, despite our best efforts, we have been unable to have the other party incorporate these changes through typed text. We recognize that this is a departure from what Common Council is accustomed to seeing in the contracts presented to it for approval and felt it appropriate to point out the reasons for same. On a final note, you will notice that the Artist Contracts have not been signed by the other parties. Consequently, we would ask that Common Council's approval of these Artist Contracts be conditional on them first being signed and initialed, where required, by the other parties before the Mayor and Common Clerk are called upon to execute same. Respectfully Submitted, Peter Buckland Chair Saint John 225 288 TERMS: $20,000.00 Plus MST �.•� Artlat to be paid In full regardless of Inclement weather (rain or shine). 'STrVCLL; 4L v c X n PLUS Ptvdumer egress to provide and Peel for S&L, badtlns and nroriftro to meet with ArssCs spedlicatkrna and approval. ADDMONAL purdumw ahan pnwk% and pay for, as per Artist's epacftutiom and approval, at no cost to Artist any and all rider requiromente. PROWSIOeNS. Any and all exhibits, riders, and addenda attached hereto, Including without limitation, Exhibit A and Artist's Ritter, are hereby Incorporated into this Agreement by this reference. Purchaser to sign contract and ruder and fax to the offices of The Agency Group. Purchaser to pay Artist an additiwral 5.09E GIST on total grass monies paid to Artist, GST # BOB 732 112 RT0001 R►W Qut wr }, Artist to approve any and all artwork to be used to advertise this event. t� -- Purchaser to pay for AYW approved! support ad. TOOL Purchaser to pay for and provide accommodation at ArtW approved hotel— QUAl" 7 %I 6i1>7N- !.e ILL 1Z(,3 S Purdwssr to provide ground transportation as per Artist specifications and schedule .rte �r . OrHERACTM. Rich Awch ~��6 1C t PAYMENTS: $10,1x10.00 Deposit to The Agwwy Group by oard6ed died* a bank wire to be held In treat on behsd of the Artist due `1+�G5ip= t The balance of the guarantee Shell be laid to Artial or Artist's rsprpaMativs Immediately prior to are par(rnTwm via Cash, cerllbedlosstve s �\ check or money order. ArWs as 11111edldashiers dhecka should be roads to The Tom Komar Comparl Limited SBC USS Transit 9: 10002 Bah* 9 0116 U AoownW 321343-070 70 York Sheet, Toronto. ON M5J 139 Cud Traces (P 10002 Bank 0 016 Can! Account M 321343 -Otis It Is expmasly understood by Me PUtrhaser(e) aid the Artist of are party to Mfs *reefed that naftw The Agency Group Canada Lid norft o !lore nor Ifs employees err PdrWS to fMs dordratY In any Capacity and that ne#her The Agency Grotm Canada Ltd nor lla Mlosn nor Ns nrployees are �V #able for the pedbrmanee broach of any provisions contained hrretn. This eonbed shaft not be bkK tg carless 69ned by all parties hereto.. Should any Rldar. Addendum and/or Expense shat be annexed m Mls Agreement Iuthey shall also mrs#bde a part of rife apraartrnL and aha# be afpned by aft parties to ML contract.. IN WITNESS WHEREOF, the parties haw axecuted MIs Agreement on Nn daft fist above ancttarc, Mike Bigelow City of Saint John /t%bQ ysZ_ �yq C�AjK Y Paul Murphy Tim D'Eon X Loel Campbell 15 Markel Squeer, PO BOx 1971 Saint John, NB. e2L4L1 X Fax: ("21 Repuassnfodw) CONTACT: Stave McAuly steva.rncaUy@nb.sympagm.ca 506832 -3883 289 2 Berkeley St., Suits 202 lk Phone: (416) 36&6599 Toronto ON MSA 4.15 Fax: (416) 368 -655 RESPONSIBLEAGENT: Colin Lewis CONTRACTp: 541246 Agreement made this data, Wednesday, Apd1 t I, 2010 by end between The Tom Koller Company Lknaed (herrnalmr mfWW to ss Arft) and C#y d Salnl Jahn (hatInsArr referred to as Purdmaer). It is r rrderatcad and mi tuatly "ad that Me Puchaser engages the Ardor to perrbrm On foNcwing erpapement Upon ed Me tarns amt oonditlons heremeRer set forth: AR77ST(S): l00% EQUAL FESTIVAL BILLING VENUE: Fop LaTour , Saint John NB Phone: Fair: Pho 506. 632.3663 DATE(S): Fri. August 6, 2010 TICKETS: Ouanw Gra Price C4RYl0a Deducl Not Pries DhKmtn No. Daysrshws: 11 1 --6 890. $15,00 $1127 Shale 125.00 $22.12 2 for - Load In: to be ado Snd CAdk to he adv 50.00 30.00 Doors Open: the W00 Sfrotvtimr(a): we ��� -�� GP: Cabs � Alerchandlsing Onsfape: 9:30pm approx Tar: 13.00 % Par Show.' .000 Artist sail: 100 % Ages, An Apes Net. X66 Totet tkts'Iy,000 Ovid ae#: 95I5 % CuAaw: 11:00pm i��2r 2�• e.o � yrsoo TERMS: $20,000.00 Plus MST �.•� Artlat to be paid In full regardless of Inclement weather (rain or shine). 'STrVCLL; 4L v c X n PLUS Ptvdumer egress to provide and Peel for S&L, badtlns and nroriftro to meet with ArssCs spedlicatkrna and approval. ADDMONAL purdumw ahan pnwk% and pay for, as per Artist's epacftutiom and approval, at no cost to Artist any and all rider requiromente. PROWSIOeNS. Any and all exhibits, riders, and addenda attached hereto, Including without limitation, Exhibit A and Artist's Ritter, are hereby Incorporated into this Agreement by this reference. Purchaser to sign contract and ruder and fax to the offices of The Agency Group. Purchaser to pay Artist an additiwral 5.09E GIST on total grass monies paid to Artist, GST # BOB 732 112 RT0001 R►W Qut wr }, Artist to approve any and all artwork to be used to advertise this event. t� -- Purchaser to pay for AYW approved! support ad. TOOL Purchaser to pay for and provide accommodation at ArtW approved hotel— QUAl" 7 %I 6i1>7N- !.e ILL 1Z(,3 S Purdwssr to provide ground transportation as per Artist specifications and schedule .rte �r . OrHERACTM. Rich Awch ~��6 1C t PAYMENTS: $10,1x10.00 Deposit to The Agwwy Group by oard6ed died* a bank wire to be held In treat on behsd of the Artist due `1+�G5ip= t The balance of the guarantee Shell be laid to Artial or Artist's rsprpaMativs Immediately prior to are par(rnTwm via Cash, cerllbedlosstve s �\ check or money order. ArWs as 11111edldashiers dhecka should be roads to The Tom Komar Comparl Limited SBC USS Transit 9: 10002 Bah* 9 0116 U AoownW 321343-070 70 York Sheet, Toronto. ON M5J 139 Cud Traces (P 10002 Bank 0 016 Can! Account M 321343 -Otis It Is expmasly understood by Me PUtrhaser(e) aid the Artist of are party to Mfs *reefed that naftw The Agency Group Canada Lid norft o !lore nor Ifs employees err PdrWS to fMs dordratY In any Capacity and that ne#her The Agency Grotm Canada Ltd nor lla Mlosn nor Ns nrployees are �V #able for the pedbrmanee broach of any provisions contained hrretn. This eonbed shaft not be bkK tg carless 69ned by all parties hereto.. Should any Rldar. 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TM Prawn 11I05:1iIMPT114 AGIMMMOK IMCHAO 11 OMJ1AVWAf1WRt WIOKn ALmO R"VTo otism Alm KEW PERSON JUREM pFJW'WLY ASJXbM UAoM IY om TSrEvmmofr twum PILAM M nu TM Ys 7lRICHASlII•r'ARTgT'r d hem .r Ir'kdr M47k r r..p,s., 01h•'r r. d pia 290 SECTION 2 — TICKETING & REPORTING (p i of 1) Sonic Entertainment Group 1674 Hollis Street - Halifax, N5 B31 1V7 902.491.1991 office 902.491.1839 fax htta a /www_sonicputerWinmentgroup.com The parties hereby acknowledge that the following additional terms and conditions are incorporated in and make a part of the Agreement. 2.1 Tickets for the Engagement shall be supplied by Ticket Master or a reliable bonded printing house, complete with a signed and certified manifest reflectlflq the exact number of tickets printed at each price. 2,2 Tickets with more than one price on them will not be allowed. In the event that tickets with more than one price printed on them are sold In violation of the provisions of this paragraph, all such tickets will be deemed sold at the highest price printed thereon. 2.3 All tickets printed shall have (in large type) clearly printed on the ticket faces. 2.4 Ticket prices must clearly and legibly show the breakdown of all costs which go Into the final cost charged to the person purchasing the ticket, including but not limited to any and all taxes, fees, restoration, mail order, facility fees, etc. NIA 2.5 Tickets for seats with obstructed views or similar Impediments to an audience member's complete enjoyment of the Performance must be marked and manifested as such, and such tickets shall only be released for sate after mutual agreement between ARTIST's Representative and PURCHASER. 2.6 All gross ticket prices, must be accurately and completely represented by PURCHASER in writing to both SEG and The Agency Group Canada at time of contract execution. 2.7 Each admission shall be by the use of a ticket only - there will be no guest list for free admissions without written approval by ARTIST's Management. Ticket takers shall rip each ticket In half, returning half to the patron and placing the other half in a locked box 2.8 PURCHASER shall not discount, nor offer as premium, promotion, nor trade for services any tickets for the Engagement without prior written approval of the ARTIST's management. PURCHASER agrees the ARTIST will have access to a-FA4U u wi-of 20 complimentary tickets. In headline situation ARTIST requires 5% of the sellable capacity be allocated to an ARTIST hold as potential complimentary tickets /,We monitor our requirements and will release all unneeded tickets in a timely fashion. y 2.10 PURCHASER agrees to submit all box office reports to POLLSTAR In a timely fashion. This may be done by filling out the online form at; httQJL www .nollstargnline.com/reaort.asn or by emaliing the summary to boxofficelbloollstar.com . 291 SECTION 3 - PAYMENT /SETTLEMENT (p i of 1) Sonic Entertalnment Group 1674 Hollis Street - Halifax, NS B33 1V7 902.491.1991 office 902.491.1839 fax htto:// wwW.sontcentertainmentor2u2.com The parties hereby acknowledge that the following additional terms and conditions are incorporated in and make a part of the Agreement. 3.1 PURCHASER hereby acknowledges that ARTIST has foregone securing personal appearance engagements at other venue(s) on the date(s) of the Engagement in material reliance on timely payment in full of all such monies as set forth on the face page of this Agreement and this rider. 3.3 PURCHASER shall pay to ARTISTS Representative the remaining guarantee balance, production fee(s), any other agreed monies and /or relmbL emaror, and all applicable taxes, In full, by cash or certified cheque made payable to %one (1} hour prior to the scheduled starf of the Engagement or as otherwise designated by ART& s Aepresentative. L► Stic36L �f�t ccat+� �,.�1�/46 �ti'"tiC( ��nn 3.3 PURCHASER shall pail percentage monies due ARTIST per the terms set forth o contract !''► face page of this Agreement and this rider In cash or certified cheque made payable to " immediately after the Engagement. 3.4 In calculating percentage and all other settlement monies, there shall be no deductions from the A JA gross ticket revenue unless otherwise set forth on the face and expense page(s) of this Agreement, and also confirmed by ARTISTs Representative at settlement. 3.5 Under no circumstances shall any expense(s) be lnduded In settlement that are not directly relevant solely to this Engagement or properly outlined on the contract face and expense pages of this agreement without written confirmation by ARTISTS Representative. NO commissions or other charges will be Included In settlement that were not actually paid out by PURCHASER nor will ARTIST recognize any Item that ARTIST determines In good faith is customarily considered the promoter's cost of doing business. 3.6 PURCHASER shall provide a complete, accurate and detailed settlement on the night of Engagement. At time of settlement, PURCHASER shall supply ARTIST's representative with the following In an orderly, business -like presentation: N a) original invoices for each expense Item, net of any commissions or additions b) verified and signed box office statements & ticket manifest c) executed facility, box office and labor contracts directly related to this event d) final advertising invoices (net of "commissions" or any other additional charges) for all advertising (including tear sheets for all print advertising) e} original copies of all insurance policies and required permits f) all unused and /or unsold tickets, where possible 3.7 ARTIST shall have the Irrevocable right to conduct an independent verification of all items Included In the settlement. PURCHASER shall assist ARTISTS representative(s) with any request to facilltate this verification (� Aft u Na F"r' (fi 292 SECTION 4 ^- HOSPITALITY (p 1 of 1) Sonic Ilnterteinment Group 1674 Hollis Street - Halifax, NS B33 1V7 902.491.1991 office 902.491.1639 fax htto : /1www.son1 centertainmwnrgroup,r m The parties hereby acknowledge that the following additional terms and conditions are incorporated in and make a part of the Agreement. 4.1 LOAD IN HOSPITALITY: ARTIST requests the following items be made available upon load -in: 6 Cans of Coca Cola 12 Bottles of Evian Water - 500 mL 1 Bag of Nacho Chips 1 Jar of Medium Salsa 1 Assortment of Herbal Tea with Kettle, Hot Cups, Honey, fiiik, Sugar & Stir Sticks 1 Container of Hummods 1 Bag of Pita Bread 1 Assorted Whole Fruits 2 Procell 9 volt Batteries (or Duracell or Energizer) If any of the above is left after Load In it should be stored and put with the Dressing Room Rider. 4.2 DINNER: s uy -out of $20 per person, To be advanced with Tour Manager] (1 Vegetarian) 4.3 DRESSING ROOM: PURCHASER will provide one (1) clean, comfortable, air conditioned /heated r:vaw dressin room suitable for Ten (10) people. This room should be secure with access limited to ersonnel only and should have private access to the stage (without public Interaction). 4.4 DRESSING ROOM HOSPITALITY: 60 minutes prior to performance: 4.5 AFTER SHOW: INTENTIALLY OMITTED 293 1 Assorted Juices (PLEASE_ INCLUDE Pineapple Juice) 12 Bottles EVIAN of Spring Water - 500 mL 2 Packs of Sugar/Aspartame Free Gum 1 Fruit Tray for 6 or assorted whole fruits 1 Sandwich Tray with Brown Bread, Havarti, Old Cheddar Cheese & Assorted Cold Cut Meats 1 Small bottle of Mayonnaise and / or Dijon Mustard 1 Container Mixed Nuts 4 750 mL bottles of San Pellegrino Carbonated Mineral Water 24 Plastic Beer Cups 2 Advil Caplets 5 Sets of earplugs 6 Bath sized towels 4.5 AFTER SHOW: INTENTIALLY OMITTED 293 SECTION 5 - TECHNICAL REQUIREMENTS (p2 of 2) Sonic Entertainment Group 1674 Hollis Street - Halifax, NS 833 1V7 902.491.1991 office 902.491.1839 fax 5.10 LIGHTING, Lighting supply and operation will be the responsibility of the house. The system should be able to adequately and creatively light all stage positions with the addition of cue fights for ' r+ VIA a< highlighting musical solos. Adequate front lighting is very important. There should be a competent house lighting tech to focus and operate the house system to equirements �- 5.11 BACKLINB FtE UIREMENTS. Should the Contract Face Indicate the PURCHASER Is providing backline ill require the following., (Guitars) 1 VOX AC 30 TB Guitars) 1 Fender 59 Bassman Combo 4x10 Bass) 1 Ampeg 4 x 10 Cabinet 1 Galllen- Kruger 800RB Head Keys) Roland KC 500 Amp Keyboard Bench or Drum Throne Drums) 1 24 0x14" 10 ply Maple Kick Drum Remo Emperor Coated (no skins with built in muffling) coated 2ply required 1 13 "x10 "a ply Maple Rack Tom (Mounted in Snare Stand) Remo Emperor Coated or Evans G2 Coated Clear Ambassador bottom 1 16 "x16" 8 ply Maple Floor Tom (with Legs no rack) Remo Emperor Coated or Evans G2 Coated Clear Ambassador bottom 1 14" x 6 Va Steel Snare Drum Remo Emperor Coated or Evans G2 Coated Skin Clear Ambassador bottom 1 Pearl Eliminator Dual Chain Pedai (Black Speed Cam) Cymbals - SABIAN ONLY (endorsed) HAND HAMMERED - 21" Raw Bell Dry Ride, 14" AAX Excelerator Hats, 18" AA Medium Crash & 20" Paragon or AA Medium Crash Hardware - 2 x Straight, 1 x Boom, 1 x Hi Hat Stands, 2 x Snare Stands, and Drum Throne (NO BACK) MISCELLANEOUS 1st Choice Vintage Gretch 2nd Choice Vintage Ludwig 3rd Choice Yamaha Maple Custom/Absolut Guitar Stands If any gear Is not available please contact for a list of acceptable substitutions. TOUR MANAGER 294 2 Berkeley St, Suits 202 W Phone: (416) 386 -5599 Toronto ON M5A 4J5 Fox: (416) 388,4855 RESPONSIBLEAGENT:' Colin LeM s CONTR4CTS. 541607 Agreement made this date, Monday, A4ey 3.2010 by and between Universe! Music (harfiWar raf need to as Artist) and City of Stint John (herinatw marred to as Pu r hosn). It Is understood and mutually agreed that the Pudwwr engages the Arm to perform the foitawing engagamenr upon all the temrs and conctilmn hsre6nRsr aet firth: 1 Si AR77ST(S): IM no% r:wAL FESilvu BILLING VENUE. Fort LeTour , Saint John, NO Phone: Fax, Pho 606-632 -3663 DATE(S): Fri. August 6, 2010 TICKETS., GWenthy Orr Prior Cmpykls Dh►&W Net Price Disapin ft. Dayc/Shws: Ill 1 4,000 $1500 $1327 Shale Load M: to be adv ® $25.00 $16.00 $22.12 2 for - $15.03 Dow Snd Chick. to be sdv $O.DO Doors Open: ft $O.DO Show&yw(s): the GP. $60,000.00 Capacities A4archerAWng Onstage. 6:00pm approx Tax: 11DD % Par Show.' 4,0W Artier sea: 100 % Ages: All Agee W. S53,D9735 Total tkts: 4,000 Budd sad. OSIS % Cudew. 1 i:DDpm TERMS: $15,000.00plus HST i!°er'r Artier to be paid In full regardless of Inclement weather (rain or sttlne). At4 .5 85TAfuTro.25 (.20L4— �E _ 14 PLUS Purchaser agreas to proAde and pay tot SBL, bas *6ne end mordtors to maof with /rusts spad6rartiona and approval. 1�.,y L J (i H! y 7p ADDl N-4L Pum haaer shall and for, as Arfisra Pcz� - PR01RSfDNS: provide pay per � end approval, el ro opal to ArOat any and cep rider requirernents. Any and atl exhlblta, sides, and addenda attached hereto, including without 9mltadon, Exh btt A and Ardar's Rider, an hereby Incorporated Into tics Agreement by &ft releronca. Purchww to pay Artist an additional 13 %HST on total gnaws monies paid to Artist. CST# 123158207RT000i. Ernpioyer to sign conbW and rider and fax to the dificas o! The Agency Group, Purchaser kr�r1pay4m-aod�p u aoepenrnadafipp a1 W ILL iZ,arh I! AG OMMoDATrar S Al A HIGH ►�u -4"T HQT161_ &rn sTg4> L>-4L�� PAYMENTS: $7,51)0.00 Deposit to The Agency Group by osrdeed check or bank wim to be hold In trust on behalf of the Artist due =77,-MM The balance of he guarantee shell be paid to Mat or Ardere rapresente6ve inansddeto efts she perlorrnanca via trash. owl$ iewcas wa� check or money order. Arbors oarlMedlceshlars checks should be mode payable to Untvetaal Music nk Wire Into: HS$C US$ ransll : 1 Bank b 016 US Account#: 321343-070 70 York Street, Toronto. ON MW 150 God Transit W. 10002 Bank 1n, 016 Can$ Account 0: 321343 -001 It b exprassiy kndandood by are Purchasorp) and the Artist who are Party to this contract Mot nolher The Agency Group Canods Lid nor cis ofturs nor its emptoyses are pertlas to Mis contract to any capadly and that nelA4er The Agency Group farads Ltd tsar Hs officers nor #s nnpfoyoos are petite for the parrormarsee broach of any pmvlsbns wnhkhed herdn. This contract droll not be bkWft rmteaa dgnad by off partios hereto.. Show any Rider, Addauhdun andror Expense Meet be arvhexod to this Agnomeal A&W shag also constitute a part of this agrownent. and shall be dgrled by ad parties to this wnbed.. IN MTNESS WHEREOF, doe perbles ham executed this Agreement on Moe data fast above wrMan. Pat Kordybadk Daniel Johnson Robb Chalifoux Miles Holmwood (Artist Reprra on1oVv6) City of Saint John Mayor Ivan Couri So" John 225 Orgenlzhhg Comlltee 15 MarNoi Squash, PO BOx 1071 Saint John, NO. e2L4L1 Fox: CONTACT: Stave "kilt' steva.mcauly&b.sympatico. Cc., f `�` A&kLLC ? L ._/..11� 295 2 Berke" St., Suite 202 phone: (416) 386 -5599 Toronto ON PASA 4J5 Aqe�* Fax: (416) 366-4655 `p / � W Add UMA Tam and ,_ C41dIdaoR ~ ^"'Ra�✓t �71<p- 6w"Mvbr*�+a.le*&d d'c hllo.rt'&M la .JadYbr b-Parr W-d fir. Pndfe M� b . 6e prds rnn s PAP sHv.i... 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Niger Pwl,Stri Liiw.a warrwdwl4faiw�s Lpr.►Sy ldwik w+ hjin mL4sds u-N* r..a r pPd r 1L a pr W. e�4. wllw ady PSNICrbC:rR b ARr6Tt•Wblmd .NPURC WA dAICM tx.spbarNrWrevi14d ^ lawrrltt ■apr.YRdxas . sak wa.da bwwr.dat�Jwrr ARrtm Arsrrsi.r r "prnl 1. Caep - ' One a}&rl rit r•a! r wki .KWA U U4pr/b Mr6r ear .d r-wm trwa4-mm iiny 6yst.ft r NRCHAMA- 9-d.it rry Ifryrr•pmws. # d. r r sylwwat rmewlu Mdnl kr YK r ell b lw�nr. epwsn►M --"61 rr.wr PU 14AM 4Ntbdr. J`•� `11��J r.r..irc ww.roaye s Irrwires cbm h Y sus r AR7rT[r Ra[11NOt tl tlp J w>dae rw 1.1�rr w.w.s Jaw a r.wPleyw Tr west dY se, r ry.ry kray.rrd r a raaaa k.trdi�r rytl.l dji+r+r1++Rw.err..e repr rrs,aek. ARTITT Ndr'aWok wLrat kr ry PWIPM d aty Y n:'rsed y KXrKA, Wa MtnuaTa �dy � ar d r Irw++� r.w r wkwwxe Ir Awry L b.ee lr.er "wow, I* 6ee+rdR jWr pepw.rdry Jiepw d nAw.,rrei.p.rT�w wry alb asdovrm Ae pne xww+~rpntwkr od r.wi4r ARTLrT 4N wewd I I. nomad mime im PM(T1AM r+y rlwwsd.r LIr ART1Sr, r al r AiRSrr. ee. 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Is Ttwd.. rra+Yv T1i rk,e w aeslr � �.d w sirrr .klwr Me wow waw d rIRCTUIQ 01 w.srr 6e.kr �r wtr•adtdll.lr. r.r.r kl rr e k r>rw.aprlsrd+restarerpt wwpr% M ewes 1. a VW rpd y ri ptia TM M® R7Sy UFM THIS AOaMler ON HROIAMIi Ep]Wr'ARRAffM NUAM AW"ORrrYTO I10 50. AM S" PERSON HERB MORALLY 4tpjb=SJAI RM MR TIMpAYrg/r OP RAID PRRE IN FL LL Tit rs'HRILThmrad•ARTRr ar.d karew d.l rcra r aeh rYe srpw. r rd J M 4 pia 296 Llvs Cur�cart ider This dg&Wached hereto and made part of the contract dated _ by and between iereinafter referred to as 'Producer') furnishing the services of hereinafter referred to as 1 (hereinafter referred to as 'Purchase *9. BILLING a iAIZ7,5? S Artist shall receive % Headline Billing In any and all publicity releases and paid advertisements, including, but not limited lo, programs, fliers, signs, lobby boards and marquees. If Artist is in support of another performer, Artist shell receive 75% Guest Star Billing. Sf. 2. CONTROL OF PRODUCTION Contracted show times, length and content of any and all supporting attractions, relating to engagement hereunder, shell be subject to Producer's sole discretion. 43. APPROVAL OF OTHER PERFORMERS Purchaser agrees that the appearance of any other act(s) on the same bill as the Artist will be subject to Producer's approval. 4. REPRODUCTION OF PERFORMANCE Purchaser wilt not permit the recording or broadcast, audio and/or visual, of any padonnanoa without the express prior written oonserd of Artist. 5. PURCHASER ASSUMES LIABILITY Purchaser hereby assumes full liability and responsibility for the payment of any and all cast, expenses, changes, claims, losses, liabilities, and damages related to or based upon the presentation or production of the show or shows In which Artist Is to appear hereunder unless provided otherwise. 4.6. SPONSORSHIP All forms of sponsorship, whether part of an ongoing series or specifically for Artlsrs show, must be authorized by Producer. 7. COMPLIME=NTARY TICKETS Artist shall receive fifteen (15) complimentary tickets for ell shows. if Artist's compensation Is measured in part by a percentage of the gross box office receipts, then Artist shell have the right to limit the number or complimentary tickets distributed by the Purchaser. Artists duly authorized representative shall have the right to be present In the box office at all times[ Purchaser must be able to document all tickets sold and expenses Incurred at the request of Artist's representative. .r 297 8. TAXES Purchaser shall pay and hold Producer harmless of and from any and all taxes, fees, dues and the like relating to the engagement hereunder and the sums payable to Producer shall be free of such taxes, fees, dues and the like. INTERNATIONAL TRAVEL - (H Applicable) In the event the place of performance Is outside the continental limb of Canada, Purchaser agrees to procure, at his sole expense, for Artist and party, the necessary visas, work permits and other documents of any nature whatsoever necessary or usually obtained to enable Artist to render its services hereunder. Also, Purchaser shell be responsible for, and indemnify and hold Producer /Ar let harmless from and against, all local, municipal and country or government taxes, fees or levies on all Income earned by Producer, or Producer's employees while In the country or countries covered by this contract. 10. INSURANCE Purchaser agrees to provide comprehen ve' general liability in_suran a (induding, witihou�ticn{ta5on, coverage to protect against any and all injury t rsons or property _ es- Ironsequence of the i ation and/or opera' the equipment and Insinanpntir provided by Pro"r�and /or its employees rectors and agen , urchaser further agrees to pnode Q all -risks insurarlce—coverage for all equi mil and instrument vided by Producer and/or its emplQyees, contractors andnls against fire, nand Wr g, theft, riot, or a her type of ad or causing h$rm or damage to, of, the instruments a uipment so provi The Purchaser Wra s (that he hps-d plate and adequate public Ilabliity insurance— eerffx2de m be produced to the user upon request. M 7W, ?Laf-yroa AfaV-E65 1%> I-WE �� (- EL.T' Oki I I- A( -OF' Pt.�t(,� ,6, A 11 c MEftCHANO�I�G I v c C�C�RtyC- Ll A6it r"f' L1 u LIC Ll Jc- �lttJ -' I Fy ft,3(, -�j' Fj 6 Rkf K,*6z IRS r"6 PoL 1(- 1 HC)Lr�� Producer reserves the right to sell Artist's merchandise at the sow and retain all proceeds. Purchaser shall provide a proper place and tables to Producer for the sale of Artist's merchandise. 12. SECURITY Purchaser agrees to supply sufficient backstage security and safety to the Artist white Artist is at the venue. ����3. PARKING Purchaser agrees to reserve two (2) parting spaces for Artist's vehicles as dose as possible to the load -In area of the venue, 14. PRODUCTION REQUIREMENTS Purchaser agrees to ensure sufficient time for Artist to have a proper sound check. Length and nature of the sound check are flexible depending on billing, etc. �1'r Jrk - Purchaser agrees to provide and pay for a firet-0iw¢c sounCand lighting system for Artist's use for this engagement. 298 15. CATERING -49 Purchaser shall provide a $15 per person meal buyout 1 large Vegpte gray 1 large Fruit tray 1 meat & dreees tray 1 Bag of Apples 1 Bunch of Bananas 8-10 En un HP/meal replacement shakes 1 Container of Hur mus (red pepper or garlic) and Pita bread 24 x SW ml balsa of water. (2 cases) one at roan femperrture, dre odd celled 1 bag of multraln tortilla drips 2 jars of medium salsa 11b of assorted deli most (chicken, turkey) 1 loaf d 12 grain bread 1 bay of whole -wheat buns 1 battle d Franks Red Hot Sauce 1 250rnWxM9 of play sauce 1 beg of Trull MtK 1 jar of green olives 2 2-11tre bottlee of ooke zero 1 2-On bottle d ginger We 1 24 ft bottle d sprite 10 assorted W 30 cat Gatorade 1 pads of Ricola Lozenges b packs of Dentyne toe Intense (arctic chill), vanilla, peppermint 1 box d black sharpie markers 1 box of WNW sharpie markers 12 dlspos" bowls 12 dispos" plates 1 box d disposable cutlery 30 disposable cups 16. PARAGRAPH HEADINGS Paragraph headings are Inserted in the Rider for convenience only and are not to be used In Interpreting this Agreement. The Agency Group Colin Lewis — Agent P: 416 360 6599 x 3230 F: 416 356 4655 col lnlawls®theegencygroup.CDM Tow YatagerlRoed Coated Bobby Frazer P: 519 -841 -0705 cflm Content Jain Labadie — Assistant P: 416 368 SM x 3246 F: 416 286 4655 jaimelelmOo®tl+eagencygroup.co n 299 2 Bsrkslsy St., Sully 202 Phoile: (416) 3554M nt Toroo OW M5A 4J5 wqfw*�r* Feu: (416) 3664M RESPONSIBLE AGENT: Jack ROSS CONrMCT2: 541387 AQnamera made Goa dare, Sundry. Acrd 25, 2010 by and belwwn Rich Aucom Martnafler rofured to as Artist) and City of Saint John (herinatter referred to as PunAnsar). h Is undemsood and rrnauaAy agreed that the Pudresar engages the Artist to perform Hie following engage,nero ugron a1I the Awns and oonarAdorts herafreeGar aer krrth: AR716r(S): 4eft EQUAL FESTIVAL BILLNG VENUE, Fort La Tour Magazine Straei, Saint John, NB DATE(S): TEAMS: Fri. August 6, 2410 Artist to Pwlorm one (1) show approxtmatey 30 minuses in length. Ouuaky Ora Prue Cm;Mh Dedud 4.000 @ $16.00 ® $10.00 GP: $60,000.00 CRPaCW- Tax: 19.00% Paf show. 4.000 Net: $59,097.35 Tofal Gds: 4.000 Net Prize Die rpm $19.27 Adv W.85 Door $0.00 $0.00 $0.00 A*dwndtrinp Artist sett: I Do % Build Csls No. DAywShwa: i 1 1 Load m: to be adv. Snd Chck: to be adv. Doors Opsn: to be adv. ShOW&tWO.' to be edv. Onsrapa: to be adv. Apes: AA Curfew: 11 9opm $760.00 ArHat to be paid In tug regerdleso of inclement weather (rain or Wm). pare haler to prmAds aocomodadom al no cost to Artlsi. Fes7nkiL , • u "rte PLUS Purchaser T ' sprees to provide and par o` S&L and rnwdbra to meet with Artiata specilfcatbn s and approval. ADMCINAL Purchaser shall provide and pay lor, as per Artiste epedlltations wW approval, at no coal b Artist any and all rider requirements. PROVISO: Rider attached becomes parr of Oft centred. The Compensallon noted above 6ha0 be kept MoideMW by Purchaser end Purchaser's anocmies to perpetuity, except as raqulred by law or court order. The immadletey preadkrg confidentiality requirement chef s;wv vq berminalbn of thh agmomem. Disclosure of the terme hereol by Purchaser or cancellation of this deal by Pum haaar (other than (a *Form Vaoure' or ahkslly W W S delauft) shalt be deemed a material breach hereal. In 8ds evert of such breech Purdmff *W be dells for IN Will compenaalpn amourd to Artist, and ArtW shall turf her have the right to eras heel at any and all rgmedfae agalnit purfhaYr avallaela b Anal at law And/or swity. 07WER ACTH. Wlnta skwp PA MElViS: $375.00 Deposg to The Agency Group by co tHied check ar bank wire to be $bid In bhai on behaM of the FdW due July 5, 2010 The balance of the guarantee shall be paid b Artist or ArtleCA repreeerdays hrirbdlate Vfar to the Wa �h, CKJAKIAMIllers check or nwney order. F7si_f. 7h.y�iL� ANstA oenflledicasttiers checks should be made savable to Rich Aucoin ON MW 1 S9 Can$ TWO 9: 10002 Bank it 016 Cant Account tf: 321343�Do 1 tt h expfetfy uncilenwovd by the Purdtaser(s) and she Artist who are party to Has contract OW ROMW The Agency Group Canada Lhd nor ke offtem nor As aPataiayees are parries so this contraa in any cap&* Ord hoist rnekller The Agency GroW Canada Lid nor Its officers nor ks empbywes are liable Ior she purr nymnw breach of stWpmWabrn cdntakw herein. This confraa a6alt not be bbxkW unless signed by all partles hereto., Stmid any Rider, Addendtnn and/or Expense &hest be annexed to M Aprewrretd krthay shall also consWute a part of GW agr"ff*N. and shall be signed by all parties to Gil con7ad. IN WITNESS WHEREOF, the pandas have exaculad Gas Agreement on the day Nw Above w*9n. Jason Bums C4 of Sams John Vs/o RkhAuaoin Hnyce T -vAU Cou2r" (CS 15 Alartel Sghhaer, POW. 1971 Saint John, NB, s2L4L1 (Artist Raprasanlatlw) CONTACT. ateve.meauley @nbAyrnpatfoo.ca 300 2 Befkdy/ 81., Suhm 202 Phone: (416) 36&5589 Toronto ON USA QS Fea: (416) 366 -4655 Pi-QL qSGL Addieoad Tow- Rad CoWhionf Tbr 7rrr. b.9r66dOy6dr Wp to or f.fe.ia.rr�dw WwWom rSrrF++.rrr a.b. Sn Of i AW44rw rf. Ae Mee Reis A9':7Q <Ir.airef .lpwIwe.. pm w_ �\►I1Y�a W MiW wAWi Frd.r mmL rmira. W b. 0 I wrrwW pp MIkw Wrl%, Wo pwW . 4.r• r.q rn rmr ARTRT.a6 4wi werA.r riSY wrdl.w.wb p�� d�r�, read r ay W .f ypa d.adaEf.D rldby brr Yaa. r,.rJ. d.r.by.lt TrMw. ra P 7 pOL rld� a - p" drl /rAnd p.Wl * I.Y prr}dm1. 0. srwo.aM.r�Y..W.jaf IS'T� 3 L4ftW it—rw.i" Q,. �}�� -'T AaTQPf�.ft...�..rw.lwa wi�r.r.Yp.iww.w.in srr�s.rR ®Wrry.ak.. ARTISTS pa ..i.rra� �TC.71."'`f�� �. Twr.rrlrO.re bi...J ►Uff.7TASR.drirr.Jka bpwld r7di.�waplm^Y.Ia.MPrr Mr. aal calls bir rf4fgde. pym.apwYi r+. 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