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2018-04-09_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting AGENDA Monday, April 9, 2018 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser I'entree Chipman Hill Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Pages 1. Call to Order 2. Approval of Minutes 2.1 Minutes of March 26, 2018 1 - 10 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Letter from Saint John Lancaster Business Association re Santa Claus Parade (Recommendation: Receive for Information) 5.2 Sculpture Saint John 2018 - Community Partner Agreement (Recommendation: 12-22 Authorize Mayor and Clerk to Execute Agreement) 5.3 BeaverTails Mobile -Unit Licence Agreement (Recommendation in Report) 23-31 5.4 Fog Cutter Inc. Mobile -Unit Licence Agreement (Recommendation in Report) 32-39 5.5 Tender for Traffic Materials (Recommendation in Report) .81 5.6 Public Information Session: Visart Street (Adelaide Street to Natalie Street) & 47-51 Rockland Road (Somerset Street to Parks Street) (Recommendation: Receive for Information) 5.7 2018 Engineering Inspection Services (Recommendation in Report) 52-54 1 Poeta By: (L 5.8 Implementation of the Plumbing Permit Fee Rebate Program for Water Softener 55-57 Installation (Recommendation in Report) 5.9 Tender for Asphaltic Concrete Mixes (Recommendation in Report) 58-60 5.10 Contract No. 2018-01 Asphalt Resurfacing 2018 (Recommendation in Report) 61-63 5.11 2018 Unidirectional Water System Flushing (Recommendation in Report) 64-66 5.12 Tender 2018-681001T - Phosphate for Corrosion Control (Recommendation in 67-70 Report) 5.13 Contract No. 2017-20: Leinster Street (Sydney Street to Carmarthen Street) — 71 -73 Water, Sanitary and Storm Sewer Renewal and Street Reconstruction (Recommendation in Report) 5.14 55 and 65 Boars Head Road - PAC Recommendation Letter and Report 74-86 (Recommendation in Report) 5.15 Interim Financing Canada Games Aquatic Centre (Recommendation in Report) 87-88 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Staff Presentation with Planning Advisory Committee Recommendation for 89-119 Approval - Section 59 Amendment 155 St. John Street 9.1.1 Proposed Section 59 Amendment - 155 St. John Street 120-128 9.2 Staff Presentation with Planning Advisory Committee Recommendation for 129-160 Approval - Section 59 Amendment 74 Loch Lomond Road 9.2.1 Proposed Section 59 Amendment - 74 Loch Lomond Road 161 - 174 9.3 Section 59 Amendment 55 Lansdowne Avenue with Planning Advisory 175-209 Committee Report 9.3.1 Proposed Section 59 Amendment - 55 Lansdowne Avenue 210-218 9.4 Staff Presentation and Planning Advisory Committee Report - Zoning By -Law 219-272 Amendment - Cannabis Retail 9.4.1 Proposed Zoning By -Law Amendment - Cannabis Retail (1 st and 2nd 273-286 Reading) 9.5 Staff Presentation and Planning Advisory Committee Report - Zoning By -Law 287-329 Amendment - 10,20,40 High Ridge Road K K3 9.5.1 Proposed Zoning By -Law Amendment - 10,20,40 High Ridge Road 330-342 (1 stand 2nd Reading) 10. Consideration of By-laws 10.1 Water & Sewer Bylaw Amendment (Third Reading) 343-346 10.2 Plumbing By-law Amendment Water Softeners (Third Reading) 347-347 11. Submissions by Council Members 11.1 The Renaming of Freedom Court to Vic Fitzgerald Court (Mayor Darling and 348-349 Councillor Lowe) 11.2 Lomeville Marsh Brook Crossing Reconstruction (Councillor Norton) 350-351 12. Business Matters - Municipal Officers 12.1 Demolition of vacant, dilapidated and dangerous buildings at 126 Main Street 352-430 (PID# 374173 & 55033658) 12.2 2018 Asphalt Pavements Work 431 -437 12.3 2018 Roadway Construction Projects 438-447 12.4 Harding Street West Truck Traffic 448-463 12.5 Response to Chevy Brook Zoo Request for Assistance 464-466 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 17.1 Billy's Seafood Lease Amendment 467-469 17.2 Last Chance Agreement 470-470 18. Adjournment K3 City of Saint John Common Council Meeting Monday, April 9, 2018 Committee of the Whole 1. Call to Order Si vous avez besoin des services en fran�ais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658-2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 68(1) 1.2 Legal Advice 68(1)(f) 1.3 Financial Matter 68(1)(c) 1.4 Financial Matter 68(1)(c) 1.5 Financial Matter 68(1)(c) 1.6 Financial Matter 68(1)(c) 1.7 Employment Matter 68(1)(b,j) C! Ville de Saint John Seance du conseil communal Le fundi 9 avril 2018 18 h, salle du conseil Comit6 pl6nier 1. Ouverture de la s6ance Si vous souhaitez obtenir des services en fran�ais pour une seance du conseil communal, veuillez communiquer avec le bureau de la greffiere communale au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire 1'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 — Salle de conf6rence, 8e 6tage, hotel de ville 1.1 Approbation duproces-verbal 68(1) 1.2 Conseil juridique — alinea 68(1) j) 1.3 Question financiere — alinea 68(1)c) 1.4 Question financiere — alinea 68(1)c) 1.5 Question financiere — alinea 68(1)c) 1.6 Question financiere — alinea 68(1)c) 1.7 Question relative a 1' emploi — alineas 68(1)b)et j) S6ance ordinaire 1. Ouverture de la s6ance 2. Approbation du proces-verbal 2.1 Proces-verbal du 26 mars 2018 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 Lettre de Saint John Lancaster Business Association au sujet du defile annuel du pere Noel (recommandation : accepter a titre informatif) 5.2 Sculpture Saint John 2018 — Entente entre les partenaires communautaires (recommandation : autoriser le maire et le greffier a executer 1' entente) 5 5.3 Contrat de licence avec l'unit& mobile de BeaverTails (recommandation figurant au rapport) 5.4 Contrat de licence avec l'unit& mobile de Fog Cutter Inc. (recommandation figurant au rapport) 5.5 Soumission relative au materiel de circulation (recommandation figurant au rapport) 5.6 Seance d'information publique : rue Visart (de la rue Adelaide a la rue Natalie) et rue Harrington (de la rue Somerset a la rue Parks) (recommandation : accept& a titre informatif) 5.7 Services d'inspection d'ing&nierie 2018 (recommandation figurant au rapport) 5.8 Mise en oeuvre du programme de remboursement des frais de permis de plomberie pour Finstallation d'adoucisseurs d'eau (recommandation figurant au rapport) 5.9 Soumission relative aux m&langes de Mon asphaltique (recommandation figurant au rapport) 5.10 Contrat ri 2018-01 : Resurfa�age d' asphalte pour 2018 5.11 Rin�age unidirectionnel du syst&me d' eau de 2018 (recommandation figurant au rapport) 5.12 Soumission 2018-681001 T — Phosphate a des fins de contr6le de la corrosion (recommandation figurant au rapport) 5.13 Contrat ri 2017-20 : Renouvellement de la conduite d' eau et des &gouts sanitaires et pluviaux et travaux de r&fection de la rue Leinster, entre la rue Sydney et la rue Carmarthen (recommandation figurant au rapport) 5.14 55 et 65, chemin Boars Head — Lettre de recommandation et rapport du Comit& consultatif d'urbanisme (CCU) 5.15 Pr&financement du Centre aquatique des Jeux du Canada (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 9. Audiences publiques —18 h 30 C.1 9.1 Presentation du personnel avec recommandation du Comite consultatif d'urbanisme a des fins d'approbation — Modification aux conditions imposees par Particle 59 visant le 155, rue St. John 9.1.1 Modification proposee aux conditions imposees par Particle 59 — 155, rue St. John 9.2 Presentation du personnel avec recommandation du Comite consultatif d'urbanisme a des fins d'approbation — Modification aux conditions imposees par Particle 59 visant le 74, chemin Loch Lomond 9.2.1 Modification proposee aux conditions imposees par Particle 59 — 74, chemin Loch Lomond 9.3 Modification aux conditions imposees par Particle 59 visant le 55, avenue Lansdowne avec rapport du Comite consultatif d'urbanisme 9.3.1 Modification proposee aux conditions imposees par Particle 59 — 55, avenue Lansdowne 9.4 Presentation du personnel avec rapport du Comite consultatif d'urbanisme — Modification de 1'Arrete de zonage — Vente au detail du cannabis 9.4.1 Projet de modification de 1'Arrete de zonage — Vente au detail du cannabis (premiere et deuxieme lectures) 9.5 Presentation du personnel avec rapport du Comite consultatif d'urbanisme — Modification de 1'Arrete de zonage — 10, 20 et 40, chemin High Ridge 9.5.1 Projet de modification de 1'Arrete de zonage — 10, 20 et 40, chemin High Ridge (premiere et deuxieme lectures) 10. Etude des arretes municipaux 10.1 Modification de 1'Arrete concernant les reseaux d'eau et d'egouts (troisieme lecture) 10.2 Modification de 1'Arrete relatif a la plomberie concernant les adoucisseurs d'eau (troisieme lecture) 11. Interventions des membres du conseil 11.1 Changement de nom de la cour Freedom pour cour Vic Fitzgerald (maire Darling et conseiller Lowe) 11.2 Refection du passage de Marsh Brook (anciennement Lorneville Creek) (conseiller Norton) 12. Affaires municipales evoquees par les fonctionnaires municipaux 0 12.1 Demolition des batiments vacants, delabres et dangereux situes au 126, rue Main (NID 374173 et 55033658) 12.2 Travaux relatifs au revetement asphaltique en 2018 12.3 Projets de construction d'une route pour 2018 12.4 Circulation de camions sur la rue Harding Ouest 12.5 Reponse a la demande d' aide de la part du Zoo Cherry Brook 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 16. Ordre du jour suppl6mentaire 17. Comit6 pl6nier 18. Lev6e de la s6ance E:3 MINUTES—REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN MARCH 26, 2018 AT 6:00 PM IN THE COUNCIL CHAMBER Present: Mayor D. Darling Deputy Mayor S. McAlary Councillor -at -Large Gary Sullivan Councillor Ward 1 Greg Norton Councillor Ward 1 Blake Armstrong Councillor Ward 2 John MacKenzie Councillor Ward 2 Sean Casey Councillor Ward 3 Gerry Lowe Councillor Ward 3 Donna Reardon Councillor Ward 4 David Merrithew Councillor Ward 4 Ray Strowbridge Also Present: City Manager J. Trail Deputy City Manager N. Jacobsen City Solicitor J. Nugent Commissioner of Finance and Treasurer K. Fudge Commissioner of Growth and Community Development J. Hamilton Commissioner Transportation and Environment M. Hugenholtz Commissioner Saint John Water B. McGovern Deputy Chief J. Armstrong Common Clerk J. Taylor Deputy Common Clerk P. Anglin 1. Call to Order Mayor Darling called the meeting to order. 1.1 Cheaue Presentation for Communitv Grants Recipients The Mayor presented the 2018 Community Grants to the successful recipients. 2. Approval of Minutes 2.1 Minutes of March 12, 2018 Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the minutes of the meeting of Common Council, held on March 12, 2018, be approved. Moved by Deputy McAlary, seconded by Councillor Sullivan: RESOLVED that the agenda of this meeting be approved with the addition of the following items: 16.1 Saint John Fire Department Access and Use Agreement 17.1 Arbitration Board Proceeding and Application to the Court of Queen's Bench of New Brunswick - Local 771— Pension Eligibility 1► IQ111000114Y1all all I; 19a 4. Disclosures of Conflict of Interest • The City Solicitor, John Nugent, declared a conflict with items 5.11, 10.2, and 12.4 matters relating to the West Side Water litigation; • Councillor Lowe declared a conflict with item 15.3 relating to taxicabs. S. Consent Agenda 5.1 That the Letter from Stewart McKelvey — Release of Covenant 815 — 819 Millidge Avenue be referred to the City Manager. 5.2 That the Letter from Jeux de I'Acadie — Launch of the Selection Process for the Host Municipality of the 42nd "Finale des Jeau de I'Acadie" in 2021 be referred to the City Manager. 5.3 That the Letter from D. James — Prohibit Rail Traffic within City Boundaries be taken under advisement. 5.4 Moved to 14.1- Letter from M.E. Carpenter — Transit Passenger Advisory Committee. 5.5 That as recommended by the City Manager in the submitted report M&C2018- 72 entitled Spring 2018 Debenture Refinancing Application, and pursuant to the provisions of An Act to Unite the City of Portland with the City of Saint John, in the City and County of Saint John, and to amend the Charter of the City of Saint John, and the Law relating to Civic Government, 1889, New Brunswick Acts of Assembly 52, Victoria, Chapter 27, Section 29, Common Council determines that it is in the public interest and authorizes the following public civic works and needed civic improvements: REFINANCE DEBENTURES Debenture No. AY 7-2008 $ 2,830,000 (General Fund — 5 years) Debenture No. AY 8-2008 $ 1,250,000 (Water & Sewerage —10 years) $ 4,080,000 TOTAL $ 4,080,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of four million and eighty thousand dollars ($4,080,000); 2. And that the Commissioner of Finance be authorized to issue and to sell to the And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation; 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 4.50% and a term not to exceed 5 years for the General Fund and term not to exceed 10 years for the Water and Sewerage Utility; And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. 5.6 That as recommended by the City Manager in the submitted report M&C2018- 78: Proposed Public Hearing Date - 630 Grandview Ave., 42 Leinster St., 237 Foster Thurston Dr., 110 Emerald Lake Rd. /783 Hillcrest Rd., 449 & 453 Boars Head Rr./573 Woodward Ave., and 36 St. James. St., 1. Common Council schedule the public hearings for the rezoning applications of Natasha Tobias (42 Leinster Street), Tim Jones (237 Foster Thurston Drive), and Kevin Steele (110 Emerald Lake Road / 783 Hillcrest Road) for Monday May 7, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 2. Common Council schedule the public hearings for the rezoning and Section 59 amendment applications of Irving Oil Limited (630 Grandview Avenue), NJP Developments Inc. (449 & 453 Boars Head Road and 573 Woodward Avenue) and Mike Cavanaugh Homes (36 St. James Street) for Tuesday May 22, 2018 at 6:30 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.7 That as recommended by the City Manager in the submitted report M&C2018- 73: City Market Tower Interior/Exterior Renovations —Additional Design Consulting Services Award, the proposal submitted by Murdock and Boyd Architects for the Additional Design Consulting Services of the City Market Tower Interior/Exterior Renovations, in the amount of $133,680 plus HST be accepted. 5.8 That as recommended by the City Manager in the submitted report M&C2018- 83: 2018 Regional Digital Orthophotography Acquisition, Option 2 (5cm) of the proposal submitted by First Base Solutions, for the acquisition of 2018 digital orthophotography, in the amount of $84,253.77 plus HST be accepted. 5.9 That as recommended by the City Manager in the submitted report M&C2018- 79: Long Distance and Teleconferencing Contract — Landlines, the Mayor and Common Clerk be authorized to execute the Long Distance and Teleconference Service Schedule April 12018 to March 312020 agreement with Bell Aliant for long distance and tele- conferencing fees as listed in the agreement attached to the report. 5.10 That as recommended by the City Manager in the submitted report M&C2018- 81: Council referral — Rezoning and Section 59 Amendment at 241 Bayside Drive and 34 Mount Pleasant Avenue East, Common Council re-initiate the required public notice for 5.11 That as recommended by the City Manager in the submitted report M&C2018- 88: West Water — Orthophosphate Treatment Update, Common Council receive the report for information. 5.12 That as recommended by the City Manager in the submitted report 2018 Mandate Letters for Develop SJ and Enterprise Saint John, Common Council adopt the 2018 mandate letters for Develop Saint John and Enterprise Saint John and submit them to the two agencies. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the recommendation set out for each consent agenda item, with the exception of item 5.4 that is pulled for discussion, be adopted. MOTION CARRIED UNANIMOUSLY. Councillor Norton entered the meeting. 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 Child Abuse and Neglect Prevention Month —April 2018 The Mayor declared April 2018 as Child Abuse and Neglect Prevention Month in the City of Saint John. 7.2 Purple Dav — March 26. 2018 The Mayor declared March 26, 2018 as Purple Day (Epilepsy Awareness Day) in the City of Saint John. 8. Delegations/Presentations 9. Public Hearings 6:30 PM 10. Consideration of By-laws 10.1 Proposed Water and Sewer By-law Amendment Moved by Deputy Mayor McAlary, seconded by Councillor Merrithew: RESOLVED that a by-law entitled, "By -Law No. M-16 A Law to Amend a By -Law Respecting Water and Sewerage", with amendments related to housekeeping items, the repeal of a provision considered inequitable and outside the city's authority, the creation of a new provision to improve the allocation of water costs among ratepayers, and improved by-law enforcement provisions, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A Law to Amend a By -Law Respecting Water and Sewerage". the repeal of a provision considered inequitable and outside the city's authority, the creation of a new provision to improve the allocation of water costs among ratepayers, and improved by-law enforcement provisions, be read a second time. 1► [0000114L1:k]k1119a Read a second time by title, the by-law entitled, "A Law to Amend a By -Law Respecting Water and Sewerage". MOTION CARRIED The City Solicitor J. Nugent withdrew from the meeting. Solicitor M. Tompkins entered the meeting and assumed the role of Acting City Solicitor. 10.2 Plumbing Permit Fee Rebate Program for Installation of Water Softeners Deputy Commissioner A. Poffenroth outlined the provisions for the customers who have installed water softeners and details of the rebate program available for the entire City. The City Manager commented on the real costs associated with the program and the appropriateness for the stipulated timeline. Responding to question, the Deputy Commissioner commented on the business requirement for permits to ensure construction meets safety codes and standards. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "By -Law Number PI -1 A By -Law Respecting Plumbing in The City of Saint John", a Plumbing by-law amendment that removes the permit fees for future plumbing permits for water softeners up to December 31, 2019, be read a first time. MOTION CARRIED. Read a first time by title, the by-law entitled, "A By -Law Respecting Plumbing in The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that a by-law entitled, "By -Law Number PI -1 A By -Law Respecting Plumbing in The City of Saint John", a Plumbing by-law amendment that removes the permit fees for future plumbing permits for water softeners up to December 31, 2019, be read a second time. MOTION CARRIED. Read a second time by title, the by-law entitled, "A By -Law Respecting Plumbing in The City of Saint John." Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-85: Plumbing Permit Fee Rebate Program for Installation of Water Softeners, Common Council direct staff to proceed with the Plumbing Permit Fee Rebate program for the installation of water softeners (and backflow devices as applicable) from September 14, 2017 to December 31, 2019. 11.1 Saint John Airport's application to the National Trade Corridors Funds (NTCF) (Mayor Darling) Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council authorize the Mayor to send a Letter of Support on behalf of the Saint John Airport to the National Trade Corridors Fund. MOTION CARRIED. 12. Business Matters - Municipal Officers 12.1 Continuous Improvement - Update to Common Council S. Rackley -Roach updated Council on the Continuous Improvement (CI) program, which is projected to meet the $2 Million savings milestone commitment made in 2016. Savings generated from the following projects were highlighted: • Fleet Utilization Project • Winter Sidewalk Maintenance • Disposal of Biosolids • Parking Summons Process • Public Notice Project • Street Sweeping Project • Fire Differential Response • Line Painting • Data Centre Project • Data Analytics Enhancement The Cl program targets on $3 million cumulative savings by the end of 2019. Future projects include: • Eliminate redundancy by consolidating several Police and City services. Staff was acknowledged for obtaining Cl black and green belts. Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that the Continuous Improvement — Update to Council be received for information. MOTION CARRIED. City Solicitor J. Nugent withdrew from the meeting, Solicitor M. Tompkins entered the meeting. 12.2 Project Performance Update - Safe, Clean Drinking Water Project Referring to the submitted report entitled Project Performance Update - Safe, Clean Drinking Water Project, D. Price updated Council on the project reporting for the period November 2017 -February 2018. The Loch Lomond Drinking Water Treatment Facility (LLDWTF) has progressed. The Rothesay Avenue pipework has restarted, repairs to the Robertson Lake Dam have resumed. Street repairs will be less interruptive than last year. The project map and schedule for LLDWTF mini -milestones were outlined. Project construction is 74% complete. Responding to question, the Project Manager commented that the Red Head area will remain on well water and not participate in the S,CDW project. 1► IQI[Q0KGYTIaa111•a City Solicitor J. Nugent re-entered the meeting, Solicitor M.Tompkins withdrew. 12.3 2018 Revised General Operating Budget The Chair of the Finance Committee addressed the budget revision resulting from the financial assistance received from the Province. Responding to questions, the City Manager advised that the City is aware of the need to address the structural deficit; and that the City was able to eliminate 11 positions from the City's establishment and 1 from the police establishment to reduce the overall establishment by 12 positions. Moved by Councillor Merrithew, seconded by Deputy Mayor McAlary: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-74:2018 Revised General Operating Budget, Common Council adopt the following resolution: RESOLVED that as recommended by the Finance Committee at its March 13th meeting: 1. That the sum of $156,090,792 be the total Operating Budget of the City of Saint John for 2018; 2. That Common Council approves the 2018 Establishment of Permanent Positions at 630; 3. That Common Council approves $350,000 to the Growth Reserve Fund to support the City's growth initiatives. MOTION CARRIED. City Solicitor J. Nugent withdrew from the meeting, Solicitor M. Tompkins entered the meeting. 12.4 Safe Clean Drinking Water - East Side Potable Water System pH Adjustment and Orthophosphate Treatment Referring to the submitted report entitled, Safe Clean Drinking Water - East Side Potable Water System pH Adjustment and Orthophosphate Treatment, Commissioner McGovern advised Council of the upcoming water quality transition interim measures for the East Side scheduled in April. CBCL's Water Treatment Consulting Team predicts impacts in the water. A change is required to move to the improved water quality. Mr. Chaulk, Consultant CBCL, stated the Loch Lomond facility will provide quality water meeting the Canadian standards for potable water. Change impacts during the transition to the fully treated future water include pH, chlorine residual, organic matter content and mineral balance. During the change the unintended consequences and risks, such as tuberculation and corrosion, are being mitigated by the following temporary treatment measures: Interim step A— Early pH adjustment Inject sodium hydroxide to increase the pH from the current 5.7-6.9 reading to 7pH Interim Step B — When the water pH raises above 7 inject orthophosphate as a corrosion inhibitor. Implementing the changes early, and with a slow and steady progression will acclimate the system and reduce risk. The Department of Health has Given their approval for the - 1 -O requiring flushing. Commissioner McGovern commented on the pipe inventory stating that over the past 12 years, 1/3 of the inventory (50 km) has been cleaned and lined. The remaining 2/3 (100 km) still has to be cleaned and lined and raising the pH could destabilize the tuberculation as raising the pH has the ability to soften the tuberculation. The Commissioner advised that customers need to be cognizant and aware. The City has created a new East Water webpage, www.saintiohn.ca/eastsidewater, with general project information, questions and answers, and project updates. Saint John Water can also be contacted through a customer service phone line 658-4455 staffed 24/7 and email waterandsewerage@saintiohn.ca The City has the support of the Department of Health and will require written consent from the Minister of the Environment and Local Government in advance of commissioning the systems. Responding to question on water softness and hardness, now from the lake and later when the treatment plant is opened, Mr. Chaulk commented that the consumer will not detect a difference in pH drinking or using the water. Unless there is a specialized industrial or commercial process that would register a change in pH. Once the new Loch Lomond Treatment plant is operational, the two-step interim process at Latimer Lake will be discontinued. Responding to question on water temperature and taste, Mr. Chaulk stated that it will be the same as it is now and fluctuate through the seasons, warmer in summer and colder in winter. Responding to question of communication — the Commissioner commented that communication will be ongoing and includes: • Mail out to commercial customers • Communication on social media to customers • No mass mail out is currently planned. Responding to question regarding the trihalomethane, THM is based on a rolling average less than 100. Moved by Deputy Mayor McAlary, seconded by Councillor Armstrong: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-86: Safe Clean Drinking Water - East Side Potable Water System pH Adjustment and Orthophosphate Treatment, Common Council adopt the following resolution: RESOLVED that in an effort to minimize any undesired impacts associated with the upcoming transition to fully treated drinking water, Council direct staff to undertake the following actions: • In mid to late April 2018 commence operation of a sodium hydroxide treatment system at the Latimer Lake Treatment Facility to slowly, over the course of approximately 10 to 15 weeks, increase the pH of the water upwards toward that of the future finished water quality that will come from the Loch Lomond Drinking Water Treatment Facility. • Once the water reaches a point where orthophosphate corrosion inhibitor becomes effective, commence operation of a temporary orthophosphate treatment system 13. Committee Reports 13.1 SCUIDture Saint John Site Selection Committee Resort Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report M&C 2018-75: Sculpture Saint John Site Selection Committee Report, Council adopt the recommendation of the Site Selection Committee to approve the placement of the two granite sculptures from the 2018 Sculpture Saint John Symposium at the two most popular locations, Rainbow Park and Market Place (West). 1► [QIM0114L1all all II19a 14. Consideration of Issues Separated from Consent Agenda 14.1— (5.4) Letter from M.E. Carpenter — Transit Passenger Advisory Committee. Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that Common Council refer the letter from M.E. Carpenter re Transit Passenger Advisory Committee to the Saint John Transit Commission for their review. MOTION CARRIED. 15. General Correspondence 15.1 Worker Appeal Services — May Day Dinner Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council refer the request Worker Appeal Services — May Day Dinner to the Common Clerk to arrange the purchase of tickets for members of Council wanting to attend. MOTION CARRIED. 15.2 Saint John YMCA 2018 Red Triangle Award Gala Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that Common Council refer the request from the Saint John YMCA 2018 Red Triangle Award Gala to the Common Clerk to arrange the purchase of tickets for members of Council wanting to attend. MOTION CARRIED. Councillor Lowe withdrew from the meeting. 15.3 C. McGill — Lack of Taxicabs/ Ride Sharing Option Moved by Councillor Norton, seconded by Councillor Strowbridge: RESOLVED that Common Council refer the letter from C. McGill to the Taxi Advisory Committee for consideration. MOTION CARRIED with Deputy Mayor McAlary voting nay. 16.1 Saint John Fire Department Access and Use Agreement at 45 Leinster Street Moved by Deputy Mayor McAlary, seconded by Councillor Sullivan: RESOLVED that as recommended by the City Manager in the submitted report entitled M&C 2018-84 Saint John Fire Department Access and Use Agreement at 45 Leinster Street, Common Clerk adopt the following: That the City enter into agreement with 685502 NB Ltd. at 45 Leinster Street upon the terms and conditions contained in the agreement attached to M&C 2018-84 and that the Mayor and Common Clerk execute the said agreement. MOTION CARRIED. 17. Committee of the Whole 17.1 M&C 2018-90 Arbitration Board Proceeding and Application to the Court of Queen's Bench of New Brunswick - Local 771— Pension Eligibility - An Act Respecting the Saint John Fire Fighters' Association Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that as recommended by the Committee of the Whole having met on March 26th, 2018 Common Council adopt the following: That the City approve the Agreement between the City and the Saint John Fire Fighters' Association, International Association of Fire Fighters, Local 771 attached to the Committee of the Whole's March 26th, 2018 report to Common Council in that regard, and that the Mayor and Common Clerk be authorized to execute the said Agreement and, further, that the City Solicitor or his designate be authorized to execute the Consent Order also as attached to the aforesaid March 26th, 2018 report. MOTION CARRIED. 18. Adjournment Moved by Deputy Mayor McAlary, seconded by Councillor MacKenzie: RESOLVED that the meeting of Common Council held on March 26, 2018, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 8:28 p.m. Mayor/ maire Common Clerk / greffier communal .���°� ���"V /e Inc. 2014 * March 2O,2018 His Worship Mayor Don Darling And members ofCommon Council City ofSaint John PO Box 1971 Saint John, NB Re: Saint John Santa Claus Parade Your Worship and Members of Council: I take great pleasure in writing today, to you our Common Council. The Saint John Lancaster Business Association, has decided toaccept the challenge offacilitating the Annual Saint John Santa Claus Parade, starting with this years parade. We will be meeting with Uptown Saint John in May to gather all the details from them and access their records from the former parades they have facilitated over their 15 year tenure. This is a very exciting venture for us and vvelook forward tothe challenge. Once all the details are finalized we will request a meeting with the Police, Fire, Outside workers, and other stakeholders to move forward with a detailed plan of operation. The Association looks forward to working with the City and making the Saint John Santa Claus Parade a successful start tothe uptown and Saint John Christmas Season. 2� K�aio �tr�e1 VVe�� �8/nt Jnhn' WEL �ZK� �hA� O March 21, 2018 City of Saint John PO Box 1971 aunt Jhrn, NB 2L 4LI Aftention: Jeff Trail 1 t 1 to M mr.-MI ANN] LO-11DIR 1 [010 1 rV-**rz'I IN rpi adorns reatio n oL cu Lure We agree to cause the Sculptures to be created at the Symposium by the artists chosen in accordance with our policies and procedures. Should the Scullptures not be created for any reason not attributaUe to your, fau t or negHgence, we agree to refund the Contribution. We will provide advice to you regarding app matters r6ated to the irnstaHatiorn of the Sculptures, including site s0ectiorn, fighting, and other matters tending to enhance the artistic merit of the Sculptures for your benefit and for the benefit of the public. 12 Sculptures and the artist who created You agree to cooperate with us and the organization of the Symposium, including, but not limited to, the following - (a) obeying our policies and procedures related to artist selection and the Symposium site; (b) facilitating visits by the artists participating in the Symposium to your local community; and (c) using reasonable efforts to promote the Symposium in your local community. CreationInstallation and Maintenance of Sculpture (a) all matters related to the concept and artistic design of the Sculptures are in the absolute discretion of the artist; (b) the cost of transporting the Sculptures from the Symposium site to the location where the Sculpture will be installed is your responsibility and at your risk; (c) you will safely and securely install the Sculptures at a site and in a manner within your local community approved by us prior to installation; (d) you will securely install the plaque provided by us in respect of the Sculptures in a location and in a manner approved by us prior to installation; (e) you will use reasonable efforts to keep the Sculptures in good repair and to maintain it and the area immediately surrounding it in a clean and aesthetically pleasing state; and you will only install lighting for the Sculptures of a type, and in a location or �ocations, approved by us prior to installation. Indemnification and Insurance 3. You assume all liability e of the Sculptures as and from the time the Sculptures is removed from the Symposium site to be transported to your local community for installation (the "Effective Time of Transfee'). You agree to hold us and our directors, officers, employees and agents harmless and to indemnify us and them in respect of any losses, claims, damages, charges or expenses arising out of or in connection with this Agreement or the Sculpture following the 13 If an Event of Default occurs, you agree to do all things and to execute and deliver all deeds, transfers and conveyances necessary to convey ownership of the Sculptures to us. If you refuse or otherwise fail to execute or deliver any documents mentioned in the previous sentence within ten (10) days of us requesting that you do so, you hereby appoint us your attorney to execute such documents on your behalf. The price payable by us to you for the Sculptures in the event of an occurrence of an Event of Default is Ten Dollars ($10.00). ............... '*xcept as herein provided. Choice of Law and Jurisdiction - This Agreement is to be construed, interpreted and enforced in accordance with, and -the respective rights and obligations of the parties are governed by, the laws of the Province of New Brunswick and the federal laws of Canada applicable therein without reference to conflict of laws principles. Successors and Assigns - This Agreement enures to the benefit of and is binding on and enforceable by us and you and our respective successors and permitted assigns. Neither we nor you may assign any of the rights or obligations hereunder without prior written consent. so New Brunswick International Sculpture Symposium NEMEEMMEMMMEM,k, reed to this . day of 2018. 15 ml RM um City of Saint John s ?, ' � cul o1q U t771127W =-M M, PO Box 1971 Saint John, NB E2L 4LI "11111111 1111;11 1 111111p 11111110! The City of Saint John ("you" or "your") has agreed to make a financial contribution in the amount of $32,000 Canadian dollars (the "Contribution") to us in a timeline specified below (at article 4), in consideration of becoming a community partner in the Symposium. As a community partner, you will receive 2 sculptures created at the Symposium (the "Sculpture") for installation on a permanent basis at a publicly accessible location within your local community. We are entering into this letter agreement (the "Agreement") with you for the purpose of setting forth rights and obligations between us and you respecting the Sculptures, including their installation and maintenance. Our Ot!!ggjjM ka- M-1 Pollutes anu Proccarmb. on#uu me OcwIpftuiub f1w be created for any reason not attributable to your fault or negligence, we agree to refund the Contribution. 17 o ­v T- F-Ccuff TrIl 01 Sculptures and the artist who created OR -31 M, You agree to cooperate with us and the organization of the Symposium, includin but not limited to, the foliowing� i (a) obeying our policies and procedures related to artist selection and the Symposium site; (b) facilitating visits by the artists participating in the Symposium to your local community; and (c) using reasonable efforts to promote the Symposium in your local community. (a) all matters related to the concept and artistic design of the Sculptures are in the absolute discretion of the artist; the cost of transporting the Sculptures from the Symposium site to the location where the Sculpture will be installed is your responsibility and at your risk; (c) you will safely and securely install the Sculptures at a site and in a manner within your local community approved by us prior to installation-, (d) you will securely install the plaque provided by us in respect of the Sculptures in a location and in a manner approved by us prior to installation, - (e) you will use reasonable efforts to keep the Sculptures in good repair and to maintain it and the area immediately surrounding it in a clean and aesthetically pleasing state; and you will only install lighting for the Sculptures of a type, and in a location or locations, approved by us prior to installation, Indemnification and Insurance 3. You assume all liability in respect of the Sculptures as and from the time the Sculptures is removed from the Symposium site to be transported to your local community for installation (the "Effective Time of Transfer"). You agree to hold us and our directors, officers, employees and agents harmless and to indemnify us and them in respect of any losses, claims, damages, charges or expenses arising out of or in connection with this Agreement or the Sculpture following the i F-11 Effective -Time of Transfer. You agree to obtain and maintain suitable insurance coverage in respect of the Sculptures, including insurance against any future loss or damage to the Sculpture or liability arising in respect of the Sculptures or its lAcation. 4. The Community Partner agrees to pay us the Contribution of $32,000 on the following schedulle: (a) $15,000 payable on January 1, 2017 or the date of this Agreement, whichever is later; (PAID) (c), $2,000 payable at the Effective Time of Transfer (being in considerati for the Sculpture's instaHation, plaque, and base), I Title to res Jj�tu� Title to the Sculptures passes from us to you at the Effective Time of Transfer, and (subject to an Event of Default) -this Agreement operates as an actual conveyance, transfer, assignment and setting over of all of our right, title and interest in and to the Sculpture to you as of the Effective Time of Transfer. Term and Termination The term of this Agreement begins on the date of this correspondence and continues indefinitely until and unless terminated as provided for in this paragraph (the "Term"). 'This Agreement terminates on the occurrence of the earliest of the following dates: MHMB��� (b) the date of the removal of the Sculptures from your local community following the occurrence of an Event of Default (as discussed below); or Default We have the right to retake possession and ownership of the Sculptures upon the occurrence of any of the following events (each an "Event of Default"): (b) you become bankrupt or insolvent; (d) you transfer or attempt to transfer ownership of the Sculptures to another person or entity, or you move the Sculptures to another location without our prior written approvall,- or (e) you fail to provide adequate proof of the insurance coverage required by this Agreement following a request by us for such proof. 11111061 us,if you refuse or otherwise fail to execute or deliver any documents mentioned in the previous sentence within ten (10) days of us requesting that you do so, you hereby appoint us your attorney to execute such documents on your behalf. The price payable by us to you for the Sculptures in the event of an occurrence of an Event of Default is Ten Dollars ($10.00). Entire Agreement - 1'his Agreement constitutes the entire agreement between us and you with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether written or oral. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, relating to the subject matter hereof except as herein provided. Choice of Law and jurisdiction - This Agreement is to be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the pates are governed by, the laws of the Province of New Brunswick and the federal laws of Canada applicable therein without reference to conflict of laws principles. Successors and Assigns - This Agreement enures to the benefit of and is binding on and enforceable by us and you and our respective successors and permitted assigns. Neither we nor you may assign any of the rights or obligations hereunder without prior written consent. A.mendment and Waiver - No amendment or waiver of any provision of this Agreement is binding unless consented to in writing, No waiver of any provision of this Agreement constitutes a waiver of any other provision, nor does any waiver constitute a continuing waiver unless otherwise expressly provided. New Brunswick International Sculpture aymposium rNcknowledged and agreed to this _ day of —12019- K91 MI Name: "M MMMr r;(k� Acknowledged and agreed to this __ day of 2018, 21 Hello Jeff, Enclosed please find two copies of the agreement with Sculpture Saint John, If you could please sign them then I can pick them up, sign them and leave one with you, If you have any questions please let me know. Thanks Diana Alexander 506-647-8773 WA COUNCIL REPORT M&C No. 2018-92 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: BeaverTails Mobile -Unit Licence Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Ian Fogan/KevinFudge Jeff Trail RECOMMENDATION 1. That the City enter into the Licence agreement with BeaverTails Commercial Inc. and Parent and Sons Investment Ltd. as attached to M&C 2018 - 92, and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. EXECUTIVE SUMMARY BeaverTails is a food vendor franchise that is seeking approval from the City to operate one of its mobile units in 2018 on City owned Loyalist Plaza. Real Estate Services has negotiated a 10 per cent increase in the rent for this season and has changed the minimum timeline for notice to terminate the Licence from 30 days to 15 days with notification to be via email. The remaining terms and conditions are unchanged, which are set out in the attached Licence document that has been prepared by the City's Legal Department. PREVIOUS RESOLUTION Common Council at its meeting of April 18, 2017 approved the operation for a six month period of the BeaverTails mobile unit on City owned property, near the Little Red Schoolhouse. W -2 - STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT BeaverTails wishes to locate one of its mobile units on City owned property within the Loyalist Plaza area (see attached map) for a sixth consecutive year. The attached terms and conditions of the Licence Agreement are essentially the same as per the previous year; except for a 10 per cent rent increase and a reduction in time to terminate this Licence from 30 to 15 days. This shorter timeline to terminate is a result of the pending development on the adjoining City property. If Council is in agreement, the following recommendation will facilitate BeaverTails mobile unit to once again be in operation for the season of 2018 on City owned property. SERVICE AND FINANCIAL OUTCOMES The BeaverTails Mobile Unit situated in the Loyalist Plaza area will add to the vitality and commercial offerings in the City's Uptown area. This license will generate a revenue of $3,308.00 in rent. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department has prepared the Licence Agreement and input has been received from Transportation and Environment Services in the preparation of this report. ATTACHMENT Licence Agreement with BeaverTails Commercial Inc. 0&1 THIS LICENCE made in duplicate as of the _J9_ day of Utor-ck 201& THE CITY OF SAINT JOHN having its City 1-10 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"', BEAVERTAILS COMMERCIAL INC., a body corporate duly incorporated under the laws of Canada, having its head office in the City of Montreal in the Province of Quebec, and PARENT AND SONS INVESTMENTS LTD., a body corporate duty 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 collectively called the "Licensees", WHEREAS the Licensor is the owner of the lands bearing PID number 55011894 shown on Schedule A attached hereto and forming part hereof (hereinafter the "Lands"); AND WHEREAS the Licensees wish to operate a Beavei-Tails mobile unit in the northeast corner of the Lands highlighted in red' on Schedule "A" (hereinafter the "Licensed Areal, AND WHEREAS the Licensor has agreed to give the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration of the sum of Two Dollars of lawful money of Canada now paid by the Licensees 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 Licence to the Licensees to enter into and upon and exit from the Lands for the sole purpose of using the Licensed Area to set up and operate a BeaverTails mobile unit for the term of this Licence, on the following terms and conditions, OR Ucence Agreement The City of Saint Jahr and Beavertails Cornimercial Inc. psqn,C3 9 of 6 IT IS AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Licence shall begin April 7, 2018 and end October 21, 2018 (the "Term" 2. The Licensees shalt pay to the Licensor for the permission and license herein given the sum of Three Thousand, Three Hundred and Eight DoIllars and Thirty Cents ($3,308,30) (Canadian dollars) exclusive of HST payable in six (6) equal' installments of Five Hundred and Eight Dollars and Twenty Cents ($508.20) (Canadian dollars) each payable on the 15th day of each and every month from and including April 2018 to and including September 2018 together with a payment of Two Hundred and Fifty -Nine Dollars and Ten Cents ($250.10) on October 15, 2018. 3. The Licence may be terminated at any time by the Licensor giving to the Licensees fifteen (15) days written notice to terminate this Licence or by one (1) or both of the Licensees giving to the Licensor a like notice, 4Notice to the parties shall be by email; in the case of the Licensor, to commonclerksaintiohn.ca,- in the case of the Licensees, BeaverTails Commercial Inc., to nathalieabeavertails.coirr, and Parent and Sons Investment Ltd., to pai-entandsons@gmaii.com. 5. The Licensees agree and acknowledge that there is a pending Development on the Lands. 6. Notwithstanding anything else herein contained, this Licence may be terminated forthwith wJhout notice to the Licensees in the event that either one or both of the Licensees shall, in the opinion of the Licensor, be in default of any of the terms and conditions of this Licence, 7. No transfer or assignment of this Licence or of any of the rights or privileges herein granted shall be made, or caused or permitted to be made by the Licensees. 8. The Licensees hereby covenant and agree with the Licensor as follows: a) that they shall only use the Licensed Area for the location and operation of the BeaverTails Mobile Unit for the sale of food products. I b) that they shall pay for aIl connection and operational costs associated with electrical power, water and drainage for the BeaverTails Mobile Unit and for the disconnection of same upon completion of the Term; c) that the hours of operation will conform to daily retail hours, weather permitting and will not exceed 1:00 a.m. daily; ,d) that only the BeaverTails Mobile Unit is permitted in the, Licensed Area (no passenger/cargo vehicles); 26 Licence Agreement The City of Saint John and Beavertails Commercial Inc, Page 3 of 6 e) that they shall comply with all applicable Canadian Food Inspection Agency and other applicable regulations and legislation; f) that they shall not use the Licensed Area for any other purpose than that which is stated at paragraph a) hereof; g) that they shall keep the area around the B�eaverTails Mobile Unit clean and tidy at all' times and clean up daily in the immediate area surrounding the B,eaverTails Mobile Unit. Clean up shad include the disposal of any/all debris associated with fast food delivery (pop cans, bottles, coffee, cups, napkins, plates, utensil's and related articles) within a 40 foot diameter of the B,eaverTails Mobile Unit; h) that they shall, at no expense to the Licensor, obtain and maintain in full force and effect during the entire term of this Licence, a Commercial General Liability Insurance policy with Policy limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury and property damage; which policy shall name the City as an additional insured and shall contain a cross -liability clause; i) that they shall, on or before April 7, 2018, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof, IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS� 9. No change or modification of this Licence shall be valid unless it is in writing and signed' by the Licensor and the Licensees, 10. This Licence supersedes and takes the place of all prior agreements entered into by the parties with respect to the Licensed Area. 111, This Licence shall not be enforced or bind any of the parties thereto, until executed by all the parties named in it, 1Z Notwithstanding any clauses herein, the Licensees do 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 Licensed Area, and BeaverTails Mobile Unit pursuant to the within Licence or anything done or purported to be done in any manner hereunder, except for damages caused by the City's negligence. WA Licence Agreement The City of Saint John and Beavertails Commercial Inc, Page 4 of 6 THIS LICENCE shall enure to the benefit of and be bin—di-n-g--u-p-on —Successors and assigns of the parties hereto respectively, SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN I'n the presence of: Mayor Common Clerk Common Council Resolution: 2018 BEAVERTAILS COMMERCIAL INC, Ise President PARENT AND SONS INVESTMENTS LTD. Per*--'- .......... . President 1, Joseph Pino Di Ioia, of the City of Montreal, in the Province of Quebec, MAKE OATH AND SAY as follows: 1. THAT lam the President of BeaverTails Commercial Inc,, a body corporate duly incorporated' under the laws of Canada, having its head office in the City of Montreal aforesaid, one of the parties named in the foregoing instrument and am duly authorized to make this affidavit, 2. THAT BeaverTails Commercial Inc, does not have a corporate seal. 3. THAT the signature "Joseph Pino Di loia" subscribed to the said instrument is my signature, and as President of BeaverTails Commercial Inc., I am duly authorized to execute the said instrument. 4,. THAT the said document was executed as aforesaid at the City of Montreal, in the Province of Quebec, on the day of "�YO.rr(— —, 2018. SWORN TO before me at the City of Montreal, in the Province of Quebec, the day of 2018 Com ssioner of Oaths Province of Quebec P. Jose,pkfto Di loin Wel M, COUNTY OF SAINT JOHN �, Brian Parent, of the City of Saint John, in the County oM I. THAT 11 am the President of Parent and' Sons Investments Ltd., a body corporate duly incorporated under the laws of the Province of New Brunswick, having its head office in the City of Saint John aforesaid, one of the parties named in the foregoing instrument and am duly authorized to make this affidavit, 2. THAT Parent and Sons Investments Ltd. does not have a corporate seal. 3. THAT the signature "Brian Parent" subscribed to the said instrument is my signature, and as President of Parent and Sons Investments Ltd., 'P am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John, in / 4, the Province of New Brunswick, on the Z--? day of 2018. SWORN TO before me at the City of Saint John, in the Province of New Brunswick, the 7 day of A a -r -e4 013 Commissioner of aths Being a Solicitor A L; c Brian Parent i 31 COUNCIL REPORT M&C No. 2018-94 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Fog Cutter Inc. Mobile -Unit Licence Agreement OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Ian Fogan/KevinFudge Jeff Trail RECOMMENDATION 1. That the City enter into the Licence agreement with Fog Cutter Inc. as attached to M&C 2018 - 94, and further 2. That the Mayor and Common Clerk be authorized to execute the said Licence Agreement. EXECUTIVE SUMMARY Fog Cutter Inc. is seeking approval from the City to operate its mobile unit in 2018 on City owned Loyalist Plaza. Real Estate Services has negotiated a 10 per cent increase in the rent for this season and has changed the minimum timeline for notice to terminate the Licence from 30 days to 15 days with notification to be via email. The remaining terms and conditions are unchanged, which are set out in the attached Licence document that has been prepared by the City's Legal Department. PREVIOUS RESOLUTION Common Council at its meeting of June 26, 2017 approved the operation for a four (4) month period of the Fog Cutter mobile unit on City owned property, near the Little Red Schoolhouse. WA -2 - STRATEGIC ALIGNMENT Providing for entrepreneur opportunities in the City's Uptown Core aid in creating a livable community that is vibrant and diverse, while providing an integrated approach to economic development. REPORT Fog Cutter Inc. wishes to locate its mobile unit on City owned property within the Loyalist Plaza area (see attached map) for a second consecutive year. The attached terms and conditions of the Licence Agreement are essentially the same as per the previous year; except for a 10 per cent rent increase, a slightly longer duration compared to its 2017 term and a reduction in time to terminate this Licence from 30 to 15 days. This shorter timeline to terminate is a result of the pending development on the adjoining City property. If Council is in agreement, the following recommendation will facilitate Fog Cutter Inc. mobile unit to once again be in operation for the season of 2018 on City owned property. SERVICE AND FINANCIAL OUTCOMES The Fog Cutter Mobile Unit situated in the Loyalist Plaza area will add to the vitality and commercial offerings in the City's Uptown area. This licence will generate $2,540.00 in rent. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City's Legal Department has prepared the Licence Agreement and input has been received from Transportation and Environment Services in the preparation of this report. ATTACHMENT Licence Agreement with Fog Cutter Inc. 091 THIS LICENCE made in duplicate as of the day of I 201! mf --11,010101 zn�gwsfi • W RUN LeSISIR:WTO KSEUMMy on e Province of New Brunswick, hereinafter called the "Licensor", O` www. CUTTER INC., 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 number 5501189i4 shown on Schedule A attached heretic and forming part hereof (hereinafter the "Lands"); AND WHEREAS the Licensee wishes to operate a mobile unit for the sale of food products in the! Lancts outlined in red on Schedule "A" (hereinaifter the "Licensed Area")" AND WHEREAS the Licensor has agreed to g!ive the within Licence under the terms and conditions hereinafter set forth; NOW THEREFORE THIS LICENCE 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 recei%t and sufficiencri whereof is hereby grant, subject to the terms, conditions, covenants and provisions, herein contained. permission and Licence to the Licensee to enter into and upon and exit from the La!nds for the sole purpose of using the Licensed Area to set up and operate a mobile unit for the sale of food products as depicted on Schedule "B", hereinafter the "Fog Cutter Mobile Unitfor the term of this Licence, on the foltowing terms and conditions. 011 1 Licence Agreement The City of Saint John end' Fog Cutter Nnc, MI [Jcence Agreement c) that the hours of operation will conform to daily ratalil hours, -weather permitting and will not exceed 2:30 a.m. daily; d) that only the Fog Cutter Mobile Unit is permitted' in the Licensed Area (no, passenger/cargo vehicles); a) that they shall comply with all applicable Canadian Food Inspection Agency and other applicable regulations and legislation: f) that they shall not use the Licensed Area for any other purpose than that which is stated at paragraph a) hereofl; g) that they shall keep the area, around the Fog Cutter Mobile Unit clean and' tidy at all times and clean up daily in the immediate area surrounding the Fog Cutter Mobile Unit. Clean up shall include the disposal of ail debris associated with fast food delivery (pop cans, bottles, coffee, cups, napkins, plates, utensils and related articles) within a 40 foot diameter of the Flog Cutter Mobile Unlit; h) that they shall, at no expense to the Licensor, obtain and maintain, in full force and effect during the entire term of this, Licence, a Commercial General Liability Insurance policy with policy limits of not less than five million dollars ($5,000l,000.00) inclusive per occurrence for bodily injury and property damage,- which policy shall name the City as an additional Insured and shall contain a! cross -liability clause; i) that they shall, on or before May, 2018, submit to the City a Certificate of Insurance or other satisfactory evidence of having obtained and maintained the insurance coverage required at paragraph h) hereof; IT IS FURTHER MUTUALLY AGREED BY AND BETWEEN THE PARTIES AS FOLLOW& l No change or modification of this Licence shall be valid unless it is in writing and signed by the Licensor and the, Licensee, 10, This Licence supersedes and takes the place of all prior agreements, entered into by the parties with respect to the Licensed Area. 11. This Licence shall not be enforced' or bind any of the parties, thereto, until executed by all the parties named in it. 12. 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 Licence Agreement The City of Saint John and Fog Cutter Inc, Pa �e 4 of 4 tb)y 0 © ffased upon ong out of or in connection with the use of the Licensed Area and Fog Cutter Mobile Uniit pursuant to the wiithin Licence or anything doine or purported to be done in any mainner hereunder, except for damages caused by the City's negligence, THIS LICENCE »«° r:» to ».b® °t of and bending upon successors a assigns of the parties hereto respectivOy. I SIGNED, SEALED & DELIVERED THE CITY OF SAINT JOHN In the presence of: 2M FOG CUTTER INC. MA 9.11 11 F el SCHEDULE— , COUNCIL REPORT M&C No. 2018-101 Report Date April 3, 2018 Meeting Date April 9, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tender for Traffic Materials OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Steve Bishop Micheal Hugenholtz m I Jeff Trail RECOMMENDATION It is recommended that the tender for the supply of Traffic Materials for a one year period along with the additional one year extension, pending mutual agreement of both applicable parties, be awarded to the lowest compliant bidder in each case as indicated on the enclosed summary of bids. EXECUTIVE SUMMARY The purpose of this report is to seek Council's approval for the award of the supply of Traffic Materials needed for reactive and preventative maintenance to the City's over 100 existing traffic signal systems as well as installation of new systems. Over the years the City has had supply agreements with various providers of traffic signal materials. Having these agreements in place guarantees pricing for improved budget planning and enhances the efficiency of the procurement process when materials need to be purchased. PREVIOUS RESOLUTION -2 - STRATEGIC ALIGNMENT This report demonstrates the City's commitment to effective and efficient service delivery. REPORT The day to day maintenance of the City of Saint John's Traffic Signal infrastructure requires an inventory of traffic materials to ensure the departments access to parts when required. The present inventory levels reflect quantities that will mainly be required for reactive and preventative maintenance. The former refers to accidents and/or incidents that require a quick response by our Technicians to restore public safety, as it relates to the City of Saint John's Traffic Signal infrastructure. The remaining materials to be procured are slated for new and/or re -engineered infrastructure. The Traffic Materials tender in question is a result of careful examination of todays stock and the forecasted stock required over the next 2 years, based on previous years trends, to fulfill the aforementioned requirements for traffic materials. The stock levels and quantites on hand take into consideration turn around time from suppliers. These times could range from 2 weeks to 4 months or longer, depending on the complexity and/or availability of the materials required. A public tender call was issued on February 27th, 2018 and closed on March 20th, 2018 . Four companies responded to the tender call by submitting bids. The results are included in the summary of bids attached. Staff of Materials Management and Transportation & Environment Services have diligently reviewed the bids and examined any proposed alternatives to assess their suitability. Staff are recommending awarding to the low -bidder on each item (denoted by "*" in the attached summary). For the items where no bids were received, they will be handled on a case-by-case basis in the future as needs arise. SERVICE AND FINANCIAL OUTCOMES The total estimated cost of these supply agreements, for a one year period using estimated quantities and if awarded as recommended, will be approximately $92,415.07 plus HST for year one and $96,845.20 for the additional one year extension pending mutual agreement of both applicable parties. The estimated two-year total amount would be $189,260.27 plus HST. It is understood that this is not a firm, fixed total cost, as quantities are impacted by such factors as reactive maintenance, which cannot be planned. This is a planned expenditure and as such, funds to cover the cost are included in the 2018 General Fund Operating Budget of the Pedestrian & Traffic HI -3 - Management Service and individual General Fund Capital project budgets if necessary. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS Tender Summary - 2018-631001T - Traffic Materials :1 t' 4° co w' 0 0 01 � ZZoo H W L z � 0 U w Q H ,a w W W U O 7 al L �n N ~ W O 01In N M 7 Lrl O H V1 In Ll 1-0 l� Cy w w z o s N O 1-0 4° co t, ui H w U H al O O O i O O O O O O V1 V1 In l� a :0 O U] W �I L 0� V O 4-1 '- O U W Q E1 � W O Cl O O O O O O a n M C1 N M W W W �] O a. 00 0 c w In N Q O 0 3 0 0 0 0 o O E -i' w E -i' m m m m N o N 00 O N v N N m N v N v N o N N Q al t, 0 H w U 0 0 o O o . H V W O U] Q W U Z U W Q � W Q U W a W �] W aa� W 3 U N i -i U U 0. W cca 0 o o 12 W o 0 C0 � p o ti m E � E � A O O O O PL N cC U cd V W O �i P Pa - F F Pa - F F I -i ,�' � -i N N m m m m m m m m m Q LO § e � \ \� 4 \� 4 � o � \ � \ * \ - Q w© \44_ » .� \� ) � y . (a 71 \ \ \ \ c . G z / _ 9 COUNCIL REPORT M&C No. 2018-97 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Public Information Session: Visart Street (Adelaide Street to Natalie Street) & Rockland Road (Somerset Street to Parks Street) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien/Joel Landers Michael Hugenholtz / Brian Keenan Jeff Trail RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Visart Street (Adelaide Street to Natalie Street) & Rockland Road (Somerset Street to Parks Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction projects, and to update Council on the status of the projects. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments Approved. October 2, 2017; 2018 Water & Sewerage Utility Fund Capital Program Approved. October 2, 2017; 2018 General Fund Capital Program Approved -2 - REPORT The approved Water & Sewerage Utility Fund and General Fund Capital Programs include projects for the design and reconstruction of Visart Street from Adelaide Street to Natalie Street and Rockland Road from Somerset Street to Parks Street. Staff looks forward to the tender closing for Visart Street on April 17, 2018. Construction is expected to begin in May, 2018 and continue until August, 2018. This is a major project that will impact the local area during construction. Staff anticipates issuing a tender for Rockland Road late this spring, with construction expected to begin in early summer 2018 and continue for approximately eight weeks. This is a major project that will impact the local area during construction. It is for these reasons that staff have decided to hold a Public Information Session to allow local residents and business owners an opportunity to view each of the project design drawings, ask questions and give their feedback. The Public Information Session will be held at the Nick Nicolle Community Center at 85 Durham Street on Wednesday, April 18, 2018, from 2-4 p.m. and 6-8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councillors who may wish to attend the Public Information Session. The Public Information Session will be advertised on the City's website and copies of the attached notices will be delivered door to door in each of the respective project areas. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on these streets is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on both streets. These projects will also provide the opportunity to improve the streetscape with the addition of a grass median on one side of the street. !E:3 -3 - INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS Visart Street Public Information Session Notice Rockland Road Public Information Session Notice The City of Saint John PUBLIC INFORMATION SESSION VISART STREET (ADELAIDE STREET TO NATALIE STREET) - WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Visart Street from Adelaide Street to Natalie Street. There will be new water main, sanitary sewer, and storm sewer installed, including renewal of existing services to each residence up to the property line. New curb and sidewalk will be installed and full road reconstruction will be undertaken including the addition of a grass median on the odd civic number side of the street. Construction is planned to begin in May and is expected to continue into August 2018. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2018 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, April 18, 2018 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Nick Nicolle Community Center 85 Durham Street For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. 6119] The City of Saint John PUBLIC INFORMATION SESSION ROCKLAND ROAD (SOMERSET STREET TO PARKS STREET) - WATER, SANITARY AND STORM SEWER RENEWAL AND STREET RECONSTRUCTION The City of Saint John will be installing new infrastructure on Rockland Road from Somerset Street to Parks Street. There will be new water main, sanitary sewer, and storm sewer installed, including renewal of existing services to each residence up to the property line. New curb and sidewalk will be installed and full road reconstruction will be undertaken including the addition of a grass median on one side of the street. Construction is planned to begin in early Summer and is expected to continue into October 2018. Prior to construction, another notice will be distributed to inform residents and business owners of the actual construction schedule. Although there will be water interruptions and delays in traffic, it is our intent to keep these inconveniences to a minimum. This project is part of the City's ongoing commitment to continually improve its infrastructure. This project is part of the 2018 City of Saint John Water & Sewerage Utility Fund Capital Program and the General Fund Capital Program. Representatives from the City of Saint John will be available to answer questions related to the project. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, April 18, 2018 Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm Location: Nick Nicolle Community Center 85 Durham Street For further information about this project contact the City of Saint John Transportation and Environment Services at (506) 658-4455. 51 COUNCIL REPORT M&C No. 2018-89 Report Date March 26, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018 Engineering Inspection Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Joel Landers Michael Hugenholtz/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Common Council authorize staff to establish supply agreements with the eight consulting firms noted below, at the hourly rates provided in this report totaling $460,000 plus HST for the provision of engineering inspection services for 2018 Capital Program projects. EXECUTIVE SUMMARY The purpose of this report is to have Common Council authorize staff to establish supply agreements totaling $460,000 plus HST for the provision of engineering inspection services. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Program approved. October 2, 2017; 2018 General Fund Capital Program approved. REPORT Common Council has approved the 2018 Water & Sewerage Utility Fund Capital Program consisting of 21 projects totaling $6,499,000 and the 2018 General Fund (Storm & Transportation) Capital Program consisting of 11 projects totaling $6,570,000. 61 -2- A portion of the projects in the 2018 Capital Programs are being designed "in- house" and will require engineering inspection services during construction. There will be a requirement to provide engineering inspection for approximately 12 "in-house" designed projects during the 2018 construction season. In order to ensure that adequate engineering inspection resources are available to the City for the approved Capital Program projects, staff have issued a Request for Proposal (RFP) for engineering inspection services. The RFP was issued to eight local consulting firms that have the appropriate resources on staff capable of providing engineering inspection services on municipal type projects. Eight firms have submitted proposals in response to the RFP, providing resumes for inspection resources including hourly rates. The eight firms that replied were: • Crandall Engineering Ltd. • CBCL Limited • Dillon Consulting Limited • GEMTEC Limited • WSP Canada Inc. • Stantec Consulting Ltd. • Brunswick Engineering & Consulting Inc. • EXP Services Inc. No single firm has the resources in place to provide all the required engineering inspection services. The hourly rates submitted by the consultants with their proposals were similar so staff averaged the rates and established one hourly rate for each of the three levels of inspectors — Junior, Intermediate and Senior — as follows: Junior Inspector - $74 Intermediate Inspector - $85 Senior Inspector - $94 The hourly rates include all miscellaneous expenses (car, cellular telephone, digital camera, etc.) and do not include H.S.T. All eight engineering firms have confirmed they are in agreement with the above rates. The City will determine the appropriate level of inspector required for a given project and then request the engineering inspection services from the eight consulting firms on a rotational basis. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. 6V -3 - SERVICE AND FINANCIAL OUTCOMES The total overall cost for engineering inspection services for 2018 is difficult to predict as there are a number of variables; most significant of which is how many contractors and the number of construction crews that will be working at a given time period. Staff has estimated the overall value of the engineering inspection services for 2018 to be approximately $460,000 plus 15% H.S.T. Funds to cover the cost of the engineering inspection service are included in the approved 2018 Capital Program project budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Request for Proposal document and this report have been reviewed with the City's Materials Management Department and they support the recommendation being put forth. ATTACHMENTS None 6'i! COUNCIL REPORT M&C No. 2018-100 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Update on Implementation of the Plumbing Permit Fee Rebate Program for Water Softener Installation OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Amy Poffenroth Jacqueline Hamilton m I Jeff Trail RECOMMENDATION Your City Manager recommends that this report be received and filed. EXECUTIVE SUMMARY Implementation of the Plumbing Permit Fee Rebate Program for the installation of water softeners is underway. Upon third reading of the Plumbing By-law amendment, customers will experience an immediate change at the One Stop Development Shop counter - the rebate will be applied at the same time as the permit application, essentially meaning no fees will be charged. For property owners who had plumbing permits issued for the installation of water softeners since September 14, 2017, they will be mailed rebate cheques in the next six to eight weeks. A communications strategy will shortly be put in place to advise affected property owners, plumbing contractors, and the general public about the Rebate Program through various means, including targeted mail -outs, web -based information and social media. PREVIOUS RESOLUTION On March 26, 2018, Common Council gave first and second reading to the amended Saint John Plumbing by-law and directed staff to proceed with the 6191 -2 - Plumbing Permit Fee Rebate program for the installation of water softeners (and backflow devices as applicable) from September 14, 2017 to December 31, 2019. STRATEGIC ALIGNMENT This report aligns with the Growth and Prosperity and Valued Service Delivery priorities. REPORT On March 26, 2018 Council approved the Plumbing Permit fee Rebate program for the installation of water softeners (and backflow devices as applicable) from September 14, 2017 to December 31, 2019. This two-pronged approach includes an amendment to the Plumbing by-law that removes the permit fee for the installation of water softeners up to December 31, 2019, and a rebate program for those who have already paid the permit fee since September 14, 2017. Since first and second reading of the Plumbing By-law amendment was passed on March 26, 2018, staff has been working on the following details of the implementation plan for the Rebate program: Implementation of the Plumbing By-law Amendment Once third reading of the amendment is passed by Common Council, it will be sent to the Province for Ministerial approval. Customers will experience a change at the permit counter immediately after third reading. When a plumbing permit for a water softener is applied for, the rebate will be applied at the same time, meaning essentially that the applicant will not have to pay the permit fee. For commercial customers, the permit fee will also essentially be removed for the required backflow device. It is important for property owners to know that a plumbing permit is still required to install a water softener and that the City's plumbing inspector will inspect for correct, code -compliant installation. Implementation of the Rebate Program For those property owners who had a plumbing permit issued for the installation of a water softener (and backflow device, if applicable) since September 14, 2017, they will be mailed a rebate cheque in the amount of the permit fees already paid. There is no action required on the part of the property owner — the City will be mailing the cheques automatically; it is anticipated that the cheques will be sent out six to eight weeks. Communications Strategy 67� -3 - The City will be informing property owners, contractors and citizens about the Rebate Program through various means, including: • A mail -out to all plumbing contractors advising of the by-law amendment and fee changes; • A letter included with the Rebate cheques explaining the program to affected property owners; • A public advisory to be included on the City's website and social media; • An information sheet for front-line staff and Mayor and Council about the Rebate Program; • A mention on the ad space in the September Saint John Water bills with a link to the City's website for further information; and • Inclusion on the City's Saint John Water webpage and in any future West Water Newsletters. SERVICE AND FINANCIAL OUTCOMES As Ilpei, MC2018...81! INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS This report was a collaborative effort with the City's Communications team, Saint John Water and Growth & Community Development Services. ATTACHMENTS None 6'tl COUNCIL REPORT M&C No. 2018-104 Report Date April 04, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tender for Asphaltic Concrete Mixes OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Daniel LeBlanc Michael Hugenholtz m I Jeff Trail RECOMMENDATION It is recommended that the seasonal tender for the supply of asphaltic concrete mixes be awarded to NRB Construction Company Ltd. for the pre -construction season (start of plant to April 23, 2018), construction season (May 1 to November 10, 2017) and post construction season (November 11, 2017 to plant close). EXECUTIVE SUMMARY Every year the City of Saint John issues a tender for the supply of asphaltic concete mixes to secure a source of asphalt for its various roadway maintenance initiatives. The tender closed on April 3rd, with two bids being received. Both bids met City requirement. The NRB bid was low for all seasons and Material Management recommends the acceptance of the low bid. PREVIOUS RESOLUTION This is an annual program. REPORT Each year the City of Saint John tenders for the establishment of a supply agreement for the provision of asphaltic concrete mixes to guarantee a supply of asphalt. This product is used by Transportation and Environment Services for a variety of tasks, including asphalt restoration of water cuts, roadway and sidewalk repairs, roadway overlays, and miscellaneous maintenance projects. 6'1:3 -2 - There are traditionally three seasons for asphalt: the normal construction season when production is high and product is readily available; and the pre and post construction seasons, when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the pre -season, another price for the construction season, and a third price for the post season. In this instance the recommended bidder is low bid in all three "seasons". MTO Performance Graded Asphalt Cement Price Index In 2009 the City of Saint John adopted the use of the Ontario Ministry of Transportation performance grade asphalt cement price index in all its asphalt related tenders. In summary, an end of season adjustment is made for each monthly change in the MTO Price Index and applied to the asphalt at time of purchase, with the Tendering Opening date being the base month. Adjustments are only made if month over month price fluctuation is greater than 5%. The formula is: PA = Payment adjustment for asphaltic cement in dollars T = Posted MTO Price Index for the month of tender opening P = Posted MTO Price Index for the month the asphalt was purchases Q= Quantity of asphaltic cement in tonnes When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P — 1.05T) x Q. When P < 0.95 T, the City receives a credit as follows: PA = (0.95T — P) x Q. STRATEGIC ALIGNMENT The asphaltic contrete mixes procured through this award are used in various roadway surface maintenance programs such as: the Saint John Water cut reinstatement program, patch work, and the overlay program; all which align with Council's goal of investing in strategic road improvements. SERVICE AND FINANCIAL OUTCOMES The total estimated value of the 2018 supply contract is approximately $1 million for all of Transportation and Environment Services' roadway maintenance programs (being $675,000 +/- for the patch work, roadway and sidewalk maintenance, and overlay programs; and $325,000 +/- for the Saint John Water cut reinstatement program). The purchase of asphaltic concrete mixes is a planned expenditure and funds to cover the programs are included in the 2018 Operating Budget (over multiple service budget lines). 6'1%] INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Apublic tender call was issued onMarch 13,2018and closed onTuesday, April 3,2018with 2companies responded tothe tender call. The results ofthe tender (excluding HST) are: Staff of Materials Management and Transportation and Environment Services have reviewed the tenders and have found them to be complete and formal in every regard. Staff believe that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and ATTACHMENTSMaterials Management support the recommendation being put forth. No attachments NRH CONSTRUCTION CONIPANY LTD. DERLY UNTERPRISES LTD. Before Season Construction After Season Before Season Construction After Season Start clate tfl Season Nov 11 tij Close Start clate tfl Season Nov. 11 tfl Close April 30 May 1 — Nov 10 April 30 Mkv 1 - Nov 10 1 SUPERPAVE 19.5mm JONNE 80 00 67.00 72.00 95 00 75.00 85.00 2 SUPERPAVE 9.5mm/-FONNE 86 00 71.00 76.00 100.00 80.50 90.00 3 SUPERPAVE 4.75mmfTONNE 89 00 75.00 86.00 110.00 86.00 D5.00 (.3 to <3 million ESALS) OPENING DATE April 23, 2018 May 01. 2018 CLOSING DATE November 30, 2018 November 30 2018 Staff of Materials Management and Transportation and Environment Services have reviewed the tenders and have found them to be complete and formal in every regard. Staff believe that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and ATTACHMENTSMaterials Management support the recommendation being put forth. No attachments COUNCIL REPORT M&C No. 2018-95 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2018-01 Asphalt Resurfacing 2018 OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz/Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2018-01: Asphalt Resurfacing 2018 be awarded to the low Tenderer, Classic Construction (2012) Ltd., at the tendered price of $5,033,550.00 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2018- 01: Asphalt Resurfacing 2018 to the low Tenderer. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Operating Program Approved. October 2, 2017; 2018 General Fund Capital Program Approved. March 26, 2018; 2018 General Fund Operating Program Approved. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. AI -2 - REPORT BACKGROUND The 2018 General Fund Operating Budget for Transportation and Environment Services and the 2018 General Fund Transportation Capital Program include provisions 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 28 streets or segments of streets. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 22,540 tonnes of Superpave hot -mix asphalt. Also included in this contract is the installation of approximately 5,730 lineal meters of concrete curb and 2,126 lineal meters of 1.5 meter sidewalk. TENDER RESULTS Tenders closed on April 3, 2018 with the following results, including HST: 1. Classic Construction (2012) Ltd., Saint John, NB $5,033,550.00 2. NRB Construction Company Ltd., Saint John, NB $5,113,245.00 3. Gailbraith Construction Ltd., Saint John, NB $5,126,509.39 4. Debly Enterprises Ltd., Saint John, NB $5,548,271.60 The Engineer's estimate for the work was $6,220,800 including HST. ANALYSIS The tenders were reviewed by staff and 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. The asphalt production and placement processes will be closely monitored to ensure conformance with project specifications. Work is expected to begin the last week of April and continue until October 15, 2018. I' -3 - FINANCIAL IMPLICATIONS The Contract includes work that is charged against various Operating and Capital Budgets. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. The analysis is as follows: Budget $ 5,674,000 Project net cost $ 4,865,000 Variance (Surplus) $ 809,000 It is the intention of City staff to make full use of this budget surplus by adding additional streets to the 2018 asphalt resurfacing contract with the payment to be made at the approved contract unit prices. Staff will report back to Council with a proposed list of additional streets for asphalt resurfacing and for approval to increase the amount of contract 2018-01 accordingly. Igo] 114V=II1►19711 ilk] 1010to] 9ito] ►1.i1: e141 M 0114to] ►1111ATTO W 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. SERVICE AND FINANCIAL OUTCOMES Asphalt pavements, and concrete curb and sidewalks are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. This project will be completed within the original approved financial budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/a ATTACHMENTS N/a W COUNCIL REPORT M&C No. 2018-99 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018 Unidirectional Water System Flushing OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Pierre LeBlanc Brent McGovern m I Jeff Trail RECOMMENDATION Notwithstanding the City's Procurement Policy for Engagement of Professional Services, it is recommended that Common Council authorize staff to extend the agreement with Aqua Data Atlantic for an additional year (2018) at the same cost as 2017. EXECUTIVE SUMMARY The purpose of this report is to request that Common Council authorize staff to extend the Unidirectional Flushing agreement with Aqua Data Atlantic for an additional year (2018) at the same cost as 2017 ($203,500.00 + $21,600.00 (traffic control) for a total of $225,100.00) . PREVIOUS RESOLUTION June 25, 2013; M&C 2013-141 Unidirectional Flushing 2018 Saint John Water Operational Budget STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. AElI -2 - REPORT BACKGROUND Unidirectional flushing is a systematic method of flushing drinking water piping by strategically closing valves and opening hydrants to direct water at high velocities through targeted segments of pipe. The purpose of unidirectional flushing is to improve water quality by removing sediment. The key benefit of the unidirectional method is an efficient and effective use of water in comparison with the traditional flushing method. Since 2005 Saint John Water has contracted Aqua Data Atlantic to design and execute a unidirectional flushing program for portions of the City's water distribution system. The 2012 unidirectional flushing program was the first year the entire water distribution system was flushed utilizing the unidirectional method. Since 2012, Aqua data Atlantic has designed and executed a yearly unidirectional flushing program of the City's water distribution system, similar to how other utilities in Atlantic Canada (Ex. Moncton, Fredericton, Dieppe, Miramichi, Bathurst, Rothesay, etc.) perform their water system flushing. The City of Saint John is required to flush water mains annually as per the Approval to Operate issued to the City by the New Brunswick Department of Environment and Local Government. Unidirectional flushing is the maintenance method of choice for the regular cleaning of water pipes and is fully endorsed by the New Brunswick Department of Environment and Local Government. The unidirectional flushing program supports the goal of providing customers safe, clean drinking water. Unidirectional flushing utilizes specialized proprietary software to optimize flow velocities for cleaning distribution piping; yielding quantifiable results. Data is collected by Aqua Data Atlantic throughout the program and a detailed report is submitted to the City upon the completion of the program. The data collected helps to reveal the condition of the water distribution infrastructure and supports decisions made on other programs such as pipe cleaning and lining. ANALYSIS Typically, the Request for Proposal method to engage Professional Services requires a period of 7 to 8 weeks for each substantial project. Direct Engagement provides the City the opportunity to identify the contractor best equipped to complete the work in a timely manner and significantly reduces the administrative time which is inherent with a traditional Call for Proposals. The City of Saint John's Continuous Improvement team is currently reviewing various agreements with outside contractors and intends to evaluate the Unidirectional Flushing Program with Saint John Water during the 2018 calendar year to assess areas for potential savings. ARI -3 - For many years Aqua Data Atlantic has been the only provider of this specialty service in the Maritime Provinces. Staff has considered work previously completed by Aqua data Atlantic and is confident in their ability to successfully carry out the work on this critical project at a cost effective rate (2017 prices). SERVICE AND FINANCIAL OUTCOMES The 2018 Saint John Water Operating Budget includes funding for the engagement of a contractor to execute the 2018 Unidirectional Flushing Program. Aqua data Atlantic has proposed to extend the Unidirectional Flushing Program for an additional year (2018) at the same cost as the previous year (2017). The price proposed by Aqua Data Atlantic is summarized below: 2018 UDF program $203,500.00 2018 Traffic Control $21,600.00 Total cost excluding HST $225,100.00 This total cost can be broken down by area which will give Saint John Water the flexibility to cancel an area if it is deemed necessary to issue water conservation measures or to accommodate the Safe, Clean Drinking Water schedule. Please find below breakdown per area: 1. New West - $38,913.71 2. Sand Cove - $14,709.01 3. Carleton - $20,853.28 4. Lakewood - $9,123.31 5. Cottage Hill - $23,087.56 6. Central Low - $10,426.64 7. East Gravity - $23,273.75 8. City Center - $33,141.82 9. North End - $21,222.24 10. Rockwood - $4,096.18 11. Millidgeville - $26,252.50 Total cost (excluding HST) $225,100.00 INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Staff with Materials Management have reviewed this report and support the recommendations being put forth. ATTACHMENTS N/A C�� COUNCIL REPORT M&C No. 2018-105 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Saint John Water His Worship Mayor Don Darling and Members of Common Council SUBJECT: Tender 2018-681001T -Phosphate for Corrosion Control OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager James Margaris Kendall Mason Brent McGovern Jeff Trail RECOMMENDATION That Common Council adopt the following resolution: RESOLVED that Council approve the withdrawal of the tender submitted by Alpha Chemical Ltd. RESOLVED that the tender for the establishment of a supply agreement for Phosphate for Corrosion Control for the new Loch Lomond Drinking Water Treatment Facility be awarded to the lowest compliant bidder; Canada Colors and Chemicals (Eastern) Ltd, for a one year term. EXECUTIVE SUMMARY With the onset of Port City Water Partners commissioning the City's new Loch Lomond Drinking Water Treatment Facility, Saint John Water is preparing for the chemical demands of the new Facility. The thirty (30) year operations period contract with Port City Water Partners is scheduled to start in 2018 and the City is responsible for the procurement of a corrosion inhibitor chemical throughout the duration of operating period as defined in the agreement. A public tender call for the supply of Phosphates for Corrosion Control was issued on March 2, 2018, and closed on March 20, 2018. Canada Colors and Chemicals (Eastern) Limited had the lowest compliant bid and Materials Management support the recommendation in the report. ArA -2 - PREVIOUS RESOLUTION M& C 2018 - 86 Common Council RESOLVED that in an effort to minimize any undesired impacts associated with the upcoming change in transition to fully treated drinking water, your City Manager is recommending that Council direct staff to undertake the following actions: • In mid to late April 2018 commence operation of a sodium hydroxide treatment system at the Latimer Lake Treatment Facility to slowly, over the course of approximately 10 to 15 weeks, increase the pH of the water upwards toward that of the future finished water quality that will come from the Loch Lomond Drinking Water Treatment Facility. • Once the water reaches a point where orthophosphate corrosion inhibitor becomes effective, commence operation of a temporary orthophosphate treatment system at the Latimer Lake Treatment Facility. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery by investing in sustainable City services and municipal infrastructure while supporting the City's commitment to providing safe, clean drinking water. REPORT The purpose of this report is to inform Council of the results of the tender issued for the procurement of a corrosion inhibitor to be used at the new Loch Lomond Drinking Water Treatment Facility that will serve customers east of the Reversing Falls Bridge (with the exception of the Harbourview Subdivision). With the commencement of our new Loch Lomond Drinking Water Treatment Facility later this year, the City has under taken the tendering process to procure an orthophosphate chemical for corrosion control. Under the Safe, Clean Drinking Water project and the thirty (30) year Operation and Maintenance contract with Port City Water Partners (PCWP), the City, at its sole discretion, may direct Project Co (PCWP) to make the following chemical feed changes that impact the distribution system water quality and operation: 1. Secondary chlorine residual, 2. Finished water pH, 3. Corrosion inhibitor type, and 4. Corrosion inhibitor and dose. From condition 3 above, the City is responsible for the selection and procurement of a corrosion inhibitor to be used at the water treatment facility. C�:3 -3 - The addition of a corrosion control chemical has been part of the design of the new water treatment plant since conception. As noted in M&C No. 2018-50 orthophosphates are commonly used in water treatment for copper corrosion or scale stabilization control. The use of them is well established in literature and in practice. Orthophosphates purpose is to act as a inhibitor to minimize corrosion and slow the breakdown of scale and stabilize existing pipe materials by forming protective coating of insoluble mineral scale on the inside walls of piping. SERVICE AND FINANCIAL OUTCOMES Based on engineering consumption estimates and the unit price bid, the City will spend between $305,100 and $495,800 annually to purchase bulk orthophosphate. This is a planned expenditure and as such funds are provided in the annual Utility Operating Budget to cover this expense. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS DEPARTMENT OF ENVIRONMENT AND LOCAL GOVERNMENT: Both the Department of Environment and Local Government (Regulator) and the Department of Health have reviewed and approved the City's plan for the addition of a Corrosion Inhibitor, in the form of an Orthophosphate chemical, in the potable water supply as a means to control corrosion rates within the City's distribution system. MATERIALS MANAGEMENT: A public tender call was issued on March 2nd and closed on March 20th, 2018. Three companies responded to the tender call by submitting bids. The results are as follows: Shannon Chemical Corp. $8.23/Kg Canada Colors and Chemicals (Eastern) Limited $7.672/Kg Alpha Chemical Ltd. $4.18/Kg Alpha Chemical Ltd. requested permission to withdraw their bid submission, as they made a mathematical error on their bid price which was verified by staff from Saint John Water; as such we recommend Council allow this bid to be withdrawn. Canada Colors and Chemicals (Eastern) Limited has submitted the lowest compliant bid and Staff of Materials Management have reviewed the remaining tenders and have found them to be complete and formal in every regard. Staff recommend that the lowest compliant tenderer "Canada Colors and Chemicals C:1'] -4 - (Eastern) Ltd" meets all requirements, and recommend acceptance of their tender. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. ATTACHMENTS N/A COUNCIL REPORT M&C No. 2018-91 Report Date March 28, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT. Contract No. 2017-20: Leinster Street (Sydney Street to Carmarthen Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Kevin O'Brien Michael Hugenholtz / Brian Keenan Jeff Trail RECOMMENDATION It is recommended that Contract No. 2017-20: Leinster Street (Sydney Street to Carmarthen Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $438,937.75 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The purpose of this report is to recommend that Council award Contract 2017- 20: Leinster Street (Sydney Street to Carmarthen Street) — Water, Sanitary and Storm Sewer Renewal and Street Reconstruction to the low Tenderer. PREVIOUS RESOLUTION November 14, 2016; 2017 Water & Sewerage Utility Fund Capital Program Approved. March 6, 2017; 2017 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments Approved. 71 -2 - October 2, 2017; 2018 Water & Sewerage Utility Fund Capital Program Approved. October 2, 2017; 2018 General Fund Capital Program Approved REPORT BACKGROUND The approved 2017 and 2018 Water and Sewerage Utility Fund Capital Programs and 2018 General Fund Capital Program include funding for the reconstruction of Leinster Street from Sydney Street to Carmarthen Street. The work involves the replacement of the existing watermain and sanitary sewer, installation of a new storm sewer for separation and full street reconstruction including new concrete curb and sidewalk, roadway granulars, asphalt and landscaping. TENDER RESULTS Tenders closed on March 27, 2018 with the following results, including HST: 1. Galbraith Construction Ltd., Saint John, NB $ 438,937.75 2. Dexter Construction Company Limited, $ 545,528.95 Saint John, NB 3. Fairville Construction Ltd., Saint John, NB $ 557,373.15 4. Debly Enterprises Ltd., Saint John, NB $ 574,947.68 5. Classic Construction (2012) Ltd., Saint John, NB $ 593,028.84 6. Maguire Excavating Ltd., Saint John, NB $ 611,733.45 The Engineer's estimate for the work was $623,306.90, including HST. ANALYSIS The tenders were reviewed by staff and 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. Id10VA010VANILTA I»14YAI[Q0F-1 The Contract includes work that is charged against the 2017 and 2018 Water and Sewerage Utility Fund Capital Programs and 2018 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. -3 - The analysis is as follows: Budget $ 670,000.00 Project net cost $ 473,000.00 Variance (Surplus) $ 197,000.00 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. STRATEGIC ALIGNMENT This report aligns with Council's Priority for Valued Service Delivery, specifically as it relates to investing in sustainable City services and municipal infrastructure. SERVICE AND FINANCIAL OUTCOMES The municipal infrastructure on this street is in poor condition and requires replacement. The renewal of the infrastructure will reduce the likelihood of future service disruptions to the local residents due to infrastructure failures. The storm water and sanitary sewer flows will also be separated on this section of Leinster Street. This project also provides the opportunity to improve the streetscape with the addition of a grass median on one side of the street. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A rig] March 21, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Release of Land for Public Purposes 55 and 65 Boars Head Road The City of Saint John. On January 15, 2018 Common Council referred the above matter to the Planning Advisory Committee for their concurrence. The Committee considered the attached report at its March 20, 2018 meeting. Staff outlined the rationale for releasing the Land for Public Purposes with respect to subdividing a portion that is currently being encroached on by the adjacent property and making the remnant lot available for residential infill. Jennifer Peacock of Hughes Surveys, representing the applicant, appeared before the Committee and indicated she was in favour of the Staff Recommendation. No other persons appeared before the Committee and no letters were received regarding the application The Committee questioned the presence of a watercourse at the rear of the LPP parcel. Staff responded that the watercourse was not mapped on the provincial database, but that the City's Real Estate Service Area will undertake further investigations into the presence and impacts of any watercourse before the remnant lot will be developed. The Committee concurred with the release of the land and adopted the Staff recommendation. RECOMMENDATION: That Common Council approve the release of a 688 square metre parcel of Land for Public Purposes at 55 Boars Head Road, also known as PID number 55147383. Page 1 of 2 74 Hughes Surveys & Consultants 55 & 65 Boars Head Rd March 21, 2018 2. That Common Council assent to the necessary Municipal Services Easements. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 75 The City of Saint. John Date: To: From: For: SUBJECT Applicant: March 16, 2018 Planning Advisory Committee Growth & Community Planning Growth & Community Development Services Meeting of Tuesday, March 20, 2018 Hughes Surveys & Consultants Inc. on behalf of Carl and Brenda McDermott Owners: City of Saint John and Carl and Brenda McDermott Location: 55 and 65 Boars Head Road .w Plan Designation: Existing Zoning: Application Type: Jurisdiction: 55147383 and 55165286 Stable Residential Two -Unit Residential (R2) Release of LPP The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning release of land for public purposes. SUMMARY The application proposes the release of a 688 square metre parcel of land for public purposes (LPP) at 55 Boars Head Road. This application is in response to a purchase and sale agreement that is in place between the City and Carl and Brenda McDermott, the adjacent Page 1 of 5 76 Hughes Surveys & Consultants Inc. 55 and 65 Boars Head Road March 16, 2018 property owners. The McDermott's' driveway currently encroaches on a portion of the LPP parcel. With the LPP released, a 100 square metre sliver would be sold to the McDermotts so they may retain their driveway and also enlarge an existing baby barn with a garage. The remaining lot presents an opportunity for future divestment and residential infill. RECOMMENDATION That the Planning Advisory Committee concur with Common Council with regard to the sale of a City owned parcel, previously vested to the City as Land for Public Purposes, at 55 Boars Head Road, also known as PID number 55147383. 2. That Common Council assent to the necessary Municipal Services Easements. DECISION HISTORY On January 15, 2018, Common Council approved the following recommendation: 1. Common Council seek the concurrence of the Planning Advisory Committee to sell a 688 square metre +/- parcel of Land for Public Purposes being designated PID # 55147383; 2. Provided that the Planning Advisory Committee concur, The City of Saint John; a. Sell to Carl Edwin McDermott and Brenda Mary McDermott a 100 square metre +/- portion of the said City land, reserving to the City an easement for municipal services in the said lands measuring 8 square metres +/-, and b. Acquire from Carl Edwin McDermott and Brenda Mary McDermott a 14 square metre +/- easement for municipal services in the land designated PID #55165286, upon the terms and conditions set out in the Agreement of Purchase & Sale as submitted; and 3. That the Mayor and Common Clerk be authorized to execute all required documentation. ANALYSIS Proposal The application is to release LPP in response to a purchase and sale agreement between the City and Carl and Brenda McDermott, to enable the sale of a 100 square metre parcel. To facilitate the purchase and sale of the parcel and to make the remnant lot available for divestment, staff are recommending release of the property as land for public purposes. Page 2 of 5 77 Hughes Surveys & Consultants Inc. 55 and 65 Boars Head Road March 16, 2018 Furthermore, a municipal service easement is required to be registered with the final plan of subdivision to allow servicing of a nearby sewer line. Site and Neighbourhood The subject property is located at 55 Boars Head Road and was vested as LPP in August of 1999. The property is forested and sits at the edge of the low density residences on the south side of Boars Head Road. The McDermott's driveway and baby barn to the west currently encroaches onto part of the subject property and onto the right-of-way. Encroachment onto the right-of-way consists of a paved portion in the front yard of 65 and 55 Boars Head Road, which appears to have been created and used for parking over the past 10 years. As part of this process, Municipal operations have been notified regarding the encroachment into the City's street right-of-way. The encroachment may need to be rectified in conjunction with the land transaction to ensure that the remaining property at 55 Boars Head Road will have proper street access. The subject property and outlying neighbourhood are predominantly zoned Two -Unit Residential (R2). The property lies 200 metres from Millidge Avenue, which contains a mixture of residential uses, a commercial strip mall, and electrical substation. There are large swathes of vacant land to the south west, privately and publically owned and a municipal operations garage and office on the north side of Boars Head Road. Boars Head Road is classified as a future neighbourhood bike route, the LPP property holds no strategic value in terms of a connecting trail. In terms of evaluating the LPP and the basis for its release, staff's recommendation is consistent with PlaySJ, which directs the divestment of LPP that offer little to no public value. The closest playgrounds to the site are located at M. Gerald Teed Memorial School and Samuel de Champlain School. Municipal Plan The subject property is designated Stable Residential under the Municipal Plan. The property lies within the Central Millidgeville suburban intensification area, an area that sets a strong target for compact suburban growth and makes it a good candidate for residential infill. Subdivision As shown on the attached tentative plan of subdivision dated Dec 11, 2016, once the LPP is released, a 100 square metre parcel would be sold to the McDermotts to retain their driveway and construct a garage. This garage is shown on the plan and its location is in conformity with Zoning Bylaw standards, but will be dealt with later through the permitting process. Municipal service easements will be required at both 55 and 65 Boars Head Road because of the nearby municipal sewer line. Page 3 of 5 78 Hughes Surveys & Consultants Inc. 55 and 65 Boars Head Road March 16, 2018 Conclusion The application to release LPP can be supported on the basis of PlaySJ's direction to divest of LPP that offers little to no public value. This application presents an opportunity to correct an encroachment and at the same time release LPP and obtain a vacant lot for future divestment. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 8, 2018. A correction notice regarding the addresses referenced in the letter was also circulated on the following day. SIGNATURES AND CONTACT Prepared: Andrew Reid, MPI Planner Reviewed: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Andrew Reid Phone: (506) 658-4447 E-mail: andy.reid@saintjohn.ca Project: 18-29 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 4 of 5 79 Hughes Surveys & Consultants Inc. 55 and 65 Boars Head Road March 16, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Tentative Plan of Subdivision Page 5 of 5 80 -1, & II&O-1"V/OPV 0 0 M oow Q ccQ o� 1 i000i%Oiio/%/�ao 10,j � m 400 a LeGe, c� 000 06b pp� 6/ e co E V)y Q� 01 M. co LeGe, 44 06b pp� 6/ e co E V)y Q� 01 > co LO CD v) 44 R Lo �J a u 0 Eo 2 � V) � C� E E Q) � Q) V} to qS u -Q) U � qS V) Q 0 U U U u Q� FRI W In COUNCIL REPORT M&C No. 2018-106 Report Date March 25, 2018 Meeting Date April 09, 2018 Service Area Finance and Administrative Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Interim Financing Canada Games Aquatic Centre OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadL4 City Manager Cathy Graham Kevin Fudge m I Jeff Trail RECOMMENDATION It is recommended that Common Council authorize the Commissioner of Finance to provide interim financing to the Canada Games Aquatic Centre of $150,000 for the 2017 estimated operational shortfall during the period of April 2018 until the funding is provided by the Regional Facilities Commission budget in 2019 at the interest rate received by the City of Saint John in the operating bank account (prime less 1.75%). EXECUTIVE SUMMARY The Canada Games Aquatic Centre has made a request for the City of Saint John to provide interim financing for the estimated 2017 operational shortfall of $150,000. This will allow the Canada Games Aquatic Centre to maintain efficient operations with the necessary funds to operate without incurring additional interest costs. PREVIOUS RESOLUTION N/A STRATEGIC ALIGNMENT N/A REPORT The Canada Games Aquatic Centre is focused on moving forward with the strategic plan that was completed in 2015. The focus in 2017 was on investment E:�l in facility renewal and the management team. These investments are directly linked to the strategic plan and are directed to improve future economic returns. With the support of the City and other levels of Government in 2017 the Canada Games Aquatic Centre focused on facility renewal with the replacement of the air handling units and renewal/updating to the mezzanine, front desk front lobby, studio functional fitness studio and change huts. These projects were time sensitive and some came with delays which negatively impacted revenue generation for the facility and the member's experience. As a result an estimated negative variance for 2017 of approximately $150,000 is anticipated though the final audited results are still being completed. The Canada Games Aquatic Centre has made a request for the City of Saint John to provide interim financing for the estimated 2017 operational shortfall of $150,000. This will allow the Canada Games Aquatic Centre to maintain efficient operations with the necessary funds to operate without incurring additional interest costs. The Canada Games Aquatic Centre receives surplus or deficit funding 2 years after it has occurred. Due to the operating shortfalls in 2016 and 2017 coupled with the closure of operations in 2017 for a month, the Aquatic Centre is short on cash. There are a number of bills and costs incurred early in the year that require additional cash outlay. This interim financing will allow the Centre to manage operations and help to decrease additional costs incurred without using their line of credit. The interim financing will be repaid to the City in 2019 when the carry over deficit payments are made to the Canada Games Aquatic Centre through the Regional Facilities Commission. The use of the line of credit increases costs to the Aquatic Centre and it would be more cost effective to ask for an advance of the 2017 operating results. This funding will be part of the budget submitted in 2019 to the Regional Facilities Commission. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS N/A E:1:3 r /"",/"',7 ��oIN II � " 14fiV� j W Off , /AA iiiiii ����i ii/ h � f w �' r77iiiiiiii viii i OWlnne IlJllmo e' n, la N �7uma mmrr x Iv, J�V Y�u �N I� �Y yon I µn uu all to } Ind > n i^^ 111,2 i.. uor ohor . ov 4 11 ^� N dt C4 C4 IX W,,, ' d� an all `�1Y r 76 ,Y r wIE ehArc �� p� "N IWIllaar kVIr�W� �� j' Jaw Yax aun �P N.� Y ; r�u U'�w nR ap I'5 w Y ff d,a ua y t: w waw r IIS fu} ✓%� pxu J III r d' �, IM1 �V u �an f r� ry n W Y II V rv. �r H i l� V# ONO Go O N r.� 11 0 14W Go O N 5 t V L G 11 March 21, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: 155 St. John Street Section 59 Amendment The City of Saint ]ohn. On February 26, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2018 meeting. Mr. Karl Rideout, the applicant, appeared before the Committee and indicated he was in agreement with the Staff Recommendation. Mr. Rideout clarified that a licence from the Province would be sought subsequent to municipal permitting. Mr. Ken Berry, an area resident, appeared before the Committee and enquired what activitied are associated with supportive housing. Mr Rideout noted the facility would provide care for individuals with level 2 needs as defined by the Province, which could mean mobility challenges or intellectual disabilities. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the staff report and presentations, the Committee adopted the Staff Recommendation. RECOMMENDATION: That Common Council amend the Section 59 conditions imposed on the April 15, 1996 rezoning of a parcel of land with an area of approximately 465 square metres, located at St. John Street, also identified as PID No. 00365114, by Page 1 of 2 107 Karl Rideout 155 St. John Street March 20, 2018 adding a supportive housing facility for up to nine residents to the list of permitted uses. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 108 The City of Saint. John Date: March 16, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, March 20, 2018 SUBJECT Applicant: Karl Rideout Owner: Karl Rideout Location: 155 St. John Street PID: 00365114 Plan Designation: Low to Medium Density Residential Existing Zoning: General Commercial (CG) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, April 9, 2018. SUMMARY The applicant is seeking to amend the existing Section 59 conditions on the subject property to permit the establishment of a supportive housing facility for up to nine residents. Most recently, Page 1 of 6 109 Karl Rideout 155 St. John Street March 16, 2018 the property contained a clothing store on the ground floor and two residential units above it. The proposed conversion of the building into a supportive housing facility has no perceived negative impact on the surrounding community; therefore, staff recommend approval. RECOMMENDATION That Common Council amend the Section 59 conditions imposed on the April 15, 1996 rezoning of a parcel of land with an area of approximately 465 square metres, located at St. John Street, also identified as PID No. 00365114, by adding a supportive housing facility for up to nine residents to the list of permitted uses. DECISION HISTORY Growth and Community Planning files indicate that the ground floor of the subject property operated as a small grocery store from the early 1930s until the mid-1980s. In 1990, the Committee considered an application to reinstate a grocery store as a non -conforming use on the ground level. Staff recommended approval for the proposed use; however, the Committee denied the proposal due to concerns expressed by business owners in the neighbourhood stating that there was an oversupply of stores at that time in the vicinity of the subject site, and the addition of a grocery store 155 St. John Street would further dilute business potential. In 1996, a proposal to amend the Municipal Plan and rezone the property from a residential zone to a general commercial zone was considered by the Committee and Council to permit the establishment of a consignment clothing store. Staff recommended denial for the proposed application arguing that such niche commercial uses were better located in existing district commercial centres, like Lancaster Mall, Main Street West, or King Street West. The Committee and Council, however, approved the proposed amendment and rezoning, placing a Section 39 condition on the rezoning of the property that limited the use of the property to a consignment clothing store and dwelling units. ANALYSIS Proposal The applicant is seeking to amend existing Section 59 conditions (Section 39 under the previous Community Planning Act) to permit the establishment of a supportive housing facility for up to nine residents at the subject site. The property is zoned General Commercial (CG), which permits the establishment of the proposed use. However, as stated above, the 1996 rezoning of the site from a residential zone to a general commercial zone was subject to conditions that limited the use of the property to a consignment store and residential units. The applicant is Page 2 of 6 110 Karl Rideout 155 St. John Street March 16, 2018 seeking to amend this condition in order to permit the establishment of the proposed supportive housing facility. Site and Neighbourhood The subject property is located in the City's Lower West Side neighbourhood at the corner of Ludlow Street and St. John Street. Service New Brunswick data shows that the dwelling on the site is a two-storey building constructed in 1932, and currently contains two rental units. The surrounding neighbourhood is a predominantly residential community with Community Facility, Park and Commercial zones located in various parts throughout the Lower West Side neighbourhood. Municipal Plan and Section 59 Amendment The subject site is located in the Low to Medium Density Residential Future Intensification Area on the City's Future Land Use Map (Schedule B of the Municipal Plan). This designation contemplates the integration of commercial uses to support the establishment of a `complete community', which is a community that has an integrated mix of land uses that are able to meet the daily needs of residents in the surrounding neighbourhood. The urban fabric of complete communities produces a diverse, walkable environment that is in keeping with Smart Growth principles. The Plan supports the inclusion of supportive care facilities in the Intensification Areas, such as the Lower West Side, as the inclusion of this type of land use is a necessary component of a complete community that offers a critical service to those who need it. Zoning Bylaw The Zoning Bylaw also supports the establishment of a supportive housing facility in the General Commercial (CG) zone. The Bylaw requires a separation distance of 125 metres between supportive housing facilities in residential zones. The subject property is in a commercial zone. Nevertheless, the closest facilities are more than 400 metres away, as illustrated in Image 1 below. However, as stated above, the subject site is restricted by Section 59 conditions that limit the use of the property to dwelling units and a clothing store. The Zoning Bylaw requires three off-street parking spaces for a supportive housing facility with nine residents. The applicant has indicated that the subject site can accommodate this requirement with the three parking spaces provided on the property: one in the driveway accessed from St. John Street, and two in the driveway accessed off Ludlow Street. Iron uge I m Subject Ate (ouudi°oned in blue) and u caire"t Page 3 of 6 111 Karl Rideout 155 St. John Street March 16, 2018 In terms of land use impacts, a supportive facility with up to nine residents has a similar impact as a multi -unit dwelling. There is a degree of personal care that is required for this type of facility, which can often be undetectable from that of a regular dwelling. As such, staff recommend that the proposed Section 59 amendment be approved. Conclusion The applicant is seeking an amendment to the existing Section 59 conditions to include a supportive housing facility among the permitted uses. The historic use of the building has evolved from a grocery store, dwelling units, and a clothing store in the past. The current proposal is in -keeping with the both the guidelines of the Municipal Plan and the bylaws provided in the existing General Commercial (CG) zone. Staff foresee no negative impacts resulting from the proposed use, and therefore recommend approval for the proposed Section 59 amendment. ALTERNATIVES AND OTHER CONSIDERATIONS There are no alternatives proposed for this application. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 8, 2018. The public hearing for the rezoning was advertised in the Telegraph -Journal on March 16, 2018. SIGNATURES AND CONTACT Prep red. Jody Kliffer, , MCIP, RPP Planner Page 4 of 6 112 Karl Rideout 155 St. John Street March 16, 2018 Reviewed: Approved: i Mark Reade, P.Eng., MCIP, RPP Jacqueline Hamilton, MURP, MCIP, RPP Senior Planner Commissioner Contact: Jody Kliffer Phone: (506) 632-6846 E-mail: jody.kliffer@saintjohn.ca Project: 18-17 Page 5 of 6 113 Karl Rideout 155 St. John Street March 16, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Page 6 of 6 114 4 C', In tS {ry tS � LO C� i✓ C: Ln LO V pqr'-y p4+3p.9g III 0 0-0 L- / i C� t� LO Ln LO III II' III.......... ti - T �57�' '371 "V "lu"Al"IF"llit E C: 0 0 )OD L: Lo (U cn M M Ln a) L/) 0 0') .2 o t a) Cf) o ti - T A-0 (D (D Ln a) L/) cu Ln . o o U) EM CO LO LO (D as C7 F 0 M 0 0 M CU co r r 0 M s 0 CU aI I III'll''Im, III ..... inq !I I I t Wil Ui'o'i�lIl '1111,11, &SAINTJOHN T PROPOSED SEc riaim 59 AMENDKI!:..:]IYT`RE: 1.55 SALIM F' JOHN s III 16 -Mar -2018 PROPOSEID SECTION 59 AIMENID11VIENT RE., 155 SAINT 3OHN STREET Public Notice is hereby given that the Common Council of The City of Saint John Intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Charnbw on Monday, April 9, 2018 at 6:30 p,vI by: Amending the Section 59 conditions imposed on the April 15, :1.996 rezoning avid Municipal plan arnendment of the property located at 155 Saint John Street, also identified as PID No. 00365114. REASON FOR CHANGE: Co establish supportive housing in the existing building The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or, in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint .John, N.B, between the hours of 8:30 a.m. and 430 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Cornmon Clerk. lonathan Taylor, Common Clerk 658-2862 120 http://www.saintjohn.ca/en/home/news/publicnotices/community-planning/proposed-secti... 21/03/2018 WCATION CIVI ADDRF.95� T1 " "�'n ' q`ebv" ' '�" r w HERITAGE ARM Y UNITINSI MAT11 ON ARM IY FLOOD WSK AREA: Y APPROVED GIRADIING PLAM V N /(3 0/ o"u-'r- ,, "ju,"In ... P -------- — APPUCA7 DATE RIECE11 VM �0 A, A !'d4., Pf", , r RECEVVED M APRIL U CANT EMAIL PHONE CA I dk vo�- 'nct 0 1u�A�HIING A51)RESS -7 POSTAL CODE . . . ........... rCON—TRAEO—R EMAR, PHONE z MAKING ADDRIESS . . ........ POSTAIL CODE OWNER EMAK PHONr n. 0- vse-o-4,r-A-S APFLI(A'401 . ..... . MMUNG ADDRESS POSTAL CIDD E S�4mr- As wl Ppue�qie7-1 PRESENT USE: PROPOSED UW: BUILDING PEANNING ......... ..... . U �G MRASTRUQURE HERrrAdg. MTEMOR RENOVATM NEW COINSTRUHMON j:]VARLAINCE N R R "'0 VAT'O' STRErT EXCAVATION 0 HERITAGE DEVELOPrOEINT R RR ')VAR01 C) EXUR11OR RENOVA'ROIN ACCESSORY BLDG 0 PLANNgNG LETTER OC �X TF '0 Eh�r 0 DMEWAY]CULVER"T 0 HIEMTAGESuGN AIM"MN 0 POOL. CjPACAPM.JCATV0N E) DRAINAGE HEMTAGEINFU. [u DECK DEMOLMON jjEtCOUNCU. APP E] WATER& SEWERikGE 0 FiEM TAG E OEM) ( 8 OF W' DcHANGEOFUSE 0 SIGN [3.sunwwsm AN n OTHER 0 011 t ER Ic �'J' AR [03 MMOAUPA STANDARDS [j UFHEIR OTHER .............. ............ 0 zu . ...... S &r- AT-rAcJ-4tZ . . . . . ............. cc - — ------ . . ........ ....... ....... . .... 0 consent to the City of Saint "'Ohn sending to me cwnmericW eiectronc messages, from thrivie to time, r�egard'Ung City piniflaOves and Unrprvthw. Geneful 01derfiva Stutentrov (1er' wo'g wl"' f d X', "d' Frart, r 'w' a, r N "n, . "-hn Va' d'. au , , Jl, w4 jv�'prd'K #ftl " 4d1' )-0 " If 'n' S"' 1, Nr p,,- -an v,r.wh, ,,r r@., 1- '0' AvqpIer,"? '1" ,,, hT, f w fk "dur '"'t . a '."w" am V E &'ueh"an 'A' t'pe�r" #14' " � ' "" "' $�' " "�'n ' q`ebv" ' '�" r OF, P'�-M t" 064 Pr ewh [0 8 t4 1 ,, pw#" R RA" o"u-'r- ,, "ju,"In ... P ."rdwx kj'a , ale, e,-, a: I., f,,% rmru,,'x "ne", S :)w A !'d4., Pf", , r "?I MAN 1""wQt'8c �'h 14-r � 15 10ald"e 'Iwop- �"vw�hdps" P, p v" Jf"'r"�gnpd he"nptq nrj'y 9ry 11,p pc -TV,, cupv--)vejJ%. erdrcated olv"we fc'+' uNc" Wxk JoIczibed on porswvbvsvrwu und' yryn',s be,emi0h ,n"n" Vterl' 11* ovxTfcw!f,-t ir-q%Jes av Torfvc,�` chcx.vrnclkmcr, moce�&iry fur fhr fc;r octpcycvc-;$,a Y cgrep to c,,,,r1'1ply vvjThe gb�,, 'jt r" 4 (' pp y..fnww and B, peay upp� �,C �gppycord panks L4bru,'fj',,j i urrc!efe tk"e j3a 'ng at twernis'ps of a!i 121 Council Application �i'v` 0"'ent Sh opw- w" CffY OF SAIN'T JOHN TYPE OF APPUCATION F34CUMBRANCES Describe any rets, restrictive covenants, and oftw encumbrances affwbng Ow land. AUTHORIZATION The information contained in this appRc tion and any documentation. including pians, drawings, reports, and studies. provided in support of this apphcation wM become part of the public record. `SOA - - -- - ------ - --- -- - - -------- I am seeking a "Section 39" amendment @ 155 St John Street. I am requesting that the building be made into a single dwellmig. Permit to add at least four new windows Permit to add at least two additional non supportive walls. Permit to add a Bathroom Permit to install a subfloor in thebasp ent Permit to remove the deck (after interior renovations are complete) Permit to remove the attached Garage ( " " cc it I" Permit to build a new deck ( "' " it it cc 9C ) Finally, clean up, tidy the property and make it look presentable. `P491 ali Vii! 9111i'' Public Notice is M; eby given that the Common Council of The City of Saint John intends to Council Chamber on Monday, April 9,20 18 at 6:30 p Amending the Section 59 conditions imposed on the April 15, 1996 rezoning and Municipal Plea amendment of the property located at 155 Saint John Street, also identified as PID No. 00365114. Wz1 REASON FOR CHANGE: To establish supportive housing in the existing building 'The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth r Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 430 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Ccrnrncn Council meeting, please contact the office sof the Common Clerk. Jonathan Taylor, Common Clerk 656-2862 `M1 +L #?L2 #L S S #(Ill <+±:C© »2 Par &s pr6sentes, 2 .?« public est dyne par lequel« & conseil communald The City of Saint John RAWN DE LA MODIFICATION: Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautairea I'h6tel de ville situ6 au 15, Market Square, A Saint John, au Nouveau -Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s, Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du soussign6 ,a I'h6tel de ville. Jonathan Taylor, Greffier communal i58-2862 1111111� iiiiiii lillillill Jill ilill 111111111 111 11111 111111111111111111 11111 11�1111 ��111 ilill I Jill III iiiiiii iiiiiiiiiij 11 111111111 1 i W-13 � err i1 fY M v q 2 4,v re, I'Yy Ice A 3, �P A ryY4 04 (No oil 2 4,v re, I'Yy Ice A 3, �P A ryY4 04 N. All Ir eMnl m 13 u UP = O •— CL O co mc O H i _ 13 4) 'C E _ _ O m E E � O No LO O O '- '- O O = O O O H•- H O � O > � H i � 3 � O O �s t a�� Go O N r.� 11 0 14W Go O N 5 t V L G 11 March 21, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment 74 Loch Lomond Road The City of Saint ]ohn. On February 26, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2018 meeting. Kim Winters, the applicant, appeared before the Committee and indicated she was in agreement with Staff recommendation. The Committee questioned the use of the parking area at the rear of the property, noting the presence of a shared driveway with nearby residences. The applicant responded that proper signage indicating the bridal gown and prom dress business would be installed to clearly demarcate the parking area. No other persons appeared before the Committee and no letters were received regarding the application. Following consideration of the report and presentation, the Committee adopted Staff Recommendation to amend the Section 59 conditions. RECOMMENDATION: That Common Council amend the Section 59 conditions imposed on the April 23, 2001 rezoning of a parcel of land with an area of approximately 999 square metres, located at 74 Loch Lomond Road, also identified as PID Nos. 55069876, 00322115 and 55069884, by adding a `bridal gown and prom dress' retail store as a permitted use. Page 1 of 2 146 Kim Winters and Sherry Garnett 74 Loch Lomond Road March 21, 2018 Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 147 The City of Saint. John Date: March 16, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, March 20, 2018 SUBJECT Applicant: Kim Winters and Sherry Garnett Owner: Jane Hanlon Location: 74 Loch Lomond Road PID: 55069876, 00322115, and 55069844 Plan Designation: Stable Residential Existing Zoning: General Commercial (CG) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, April 9, 2018. SUMMARY The applicants are seeking to amend the existing Section 59 conditions that were imposed on the subject site in the 2001 rezoning of the property that limited the non-residential use of the Page 1 of 6 148 Kim Winters and Sherry Garnett 74 Loch Lomond Road March 16, 2018 site to a business office. The applicants would like to establish a bridal gown and prom dress store on the ground floor. This area of the City's East Side has several commercial properties, including three properties on Loch Lomond Road in the vicinity of the subject site. Staff recommend that the existing Section 59 conditions be amended to include the establishment of a bridal gown and prom dress retail store. RECOMMENDATION That Common Council amend the Section 59 conditions imposed on the April 23, 2001 rezoning of a parcel of land with an area of approximately 999 square metres, located at 74 Loch Lomond Road, also identified as PID Nos. 55069876, 00322115 and 55069884, by adding a `bridal gown and prom dress' retail store as a permitted use. DECISION HISTORY The property was originally rezoned to a local business zone in 2001 to permit the establishment of an accounting office on the ground floor of the existing building. At the time, staff recommended denial of the proposed rezoning, referencing the stable residential area that existed in the adjacent areas of the subject site. The staff report notes that if the site had been located closer to the existing commercial area surrounding the intersection at Westmorland Road and Loch Lomond Road, the proposal would have been in better compliance with the direction established by the Municipal Plan at that time. However, the report states that the majority of properties in this area of Loch Lomond Road remain residential, and there is no plan to alter that designation in the near future. Permitting `commercial creep' to occur in areas outside the designated commercial nodes of the City could compromise the stability of established residential neighbourhoods. Council decided in favour of the proposed rezoning, and applied Section 39 (now referred to as Section 59 of the Community Planning Act) conditions to the property that included a condition that tied the non-residential use of the site to a business office, as well as two other conditions that related to site development. The Section 39 conditions adopted by Council were as follows: (a) The non-residential use of the site is restricted to a business office, (b) Mobile signs are prohibited, and (c) The site must not be developed or used for non-residential purposes except in accordance with a detailed site plan, prepared by the applicant and subject to the approval of the Development Officer, indicating all site features, including buildings and structures, paved driveway and parking area, landscaped areas and location and size of any freestanding sign, and the approved site plan must be attached to the application for a building permit for the proposed non-residential use. It should be noted that there was a site plan submitted and approved in May, 2001 that illustrated a paved parking area in the rear of the subject building. However, this area was not Page 2 of 6 149 Kim Winters and Sherry Garnett 74 Loch Lomond Road March 16, 2018 paved and remains a gravel surface, much like the remainder of the rear portion of the driveway. ANALYSIS Proposal The applicant is seeking to amend the existing Section 59 conditions to permit the establishment of a bridal gown and prom dress shop, whereas the existing conditions limit the commercial use of the building to a "business office". The conditions were applied to the original rezoning of the site in 2001 as a measure by the Committee and Council to contain the type of commercial uses that could be located on the site. The applicants have indicated that if the current application is approved, the same area of the building where the accountant office was previously located would be dedicated to the proposed dress store, and that the residential unit on the second floor would remain the same. The applicants noted that typically not more than a few customers, usually by appointment, would be visiting the store at any given time, resulting in a limited amount of traffic accessing the site on a daily basis. Site and Neighbourhood The subject area is located on the City's East Side, near the Loch Lomond Road and Westmoreland Road intersection. The site contains three separate PIDs with a total area of 999 square metres. The building on the site was originally constructed as a two-storey dwelling in 1956. It currently shares a driveway with the property located at 68 Loch Lomond Road, which the Service New Brunswick assessment data shows as a three -unit residential dwelling. As mentioned above, a site plan was submitted and approved in 2001 in support of the establishment of the previous commercial use, which illustrated the rear parking area with an asphalt surface. However, the paving never occurred and this area of the lot remains with a gravel surface. The applicants have indicated that they intend to lay new crushed gravel in the parking area, as well as add some decorative fencing, small signage directing customers to the entrance, and a walking path leading to the entrance of the proposed shop. Because the Zoning Bylaw does not require a parking lot for three spaces to be paved, staff can support the proposed revision to the site development, which will be illustrated on a new site plan and submitted to staff for approval prior to the issuance of a building permit, as per the existing Section 59 condition. There is a significant presence of commercially zoned properties in the vicinity of the subject site, as illustrated on the attached zoning map (see Appendix 3),. The City's Municipal Plan identifies the area west of the subject site as part of the Commercial Corridor, which also continues along Westmorland Road. In addition, there are a few lots east of the subject site, including 93 Loch Lomond Road, 114 Loch Lomond Road and 1 Keystone Place, where the General Commercial (CG) zone currently exists. Page 3 of 6 150 Kim Winters and Sherry Garnett 74 Loch Lomond Road March 16, 2018 Municipal Plan and Section 59 Amendment The City's Municipal Plan contemplates a limited amount of commercial land uses within the Stable Residential Future Land Use designation to support the primary residential character of these areas. The limited presence of commercial uses facilitates the buildout over time of a `complete community' that provides a sustainable mix of land uses within the footprint of existing neighbourhoods. The subject site is currently zoned commercial, and has had an accountant's office located on the ground floor for several years. The subject site is approximately 39 metres from the edge of the Commercial Corridor Land Use designation, which would encourage the establishment of the proposed use. Despite the proximity to Commercial Corridor area, the subject site is situated in an established residential neighbourhood. The area has evolved to include some commercial land uses over time, and may continue to adopt more commercial uses in the future. However, the designation remains residential due to the still -dominant presence of residential land uses along Loch Lomond Road. At the same time, the property is currently zoned commercial, and has had a commercial use established on the site for more than 15 years. The continued presence of a commercial land use in the form of a wedding gown and prom dress shop at the subject site will have no perceived negative impact the existing mix of residential and commercial uses along this stretch of Loch Lomond Road. The site is able to satisfy the Zoning Bylaw requirements for off-street parking. As such, approval for the proposed Section 59 amendment is recommended. As a means of limiting the scope of potential commercial uses that could be established in the future on the subject lot, and to preserve the integrity of the residential character of this area of Loch Lomond Road, staff recommend that the existing Section 59 conditions remain, and that a retail store involving the sale of bridal gowns and prom dresses be added to the list of permitted uses. Conclusion The applicant is seeking to amend the existing Section 59 conditions that were applied to the subject lot upon the original rezoning of the site in 2001. The conditions limited the commercial use of the site to a business office. The current application is to permit the establishment of a bridal gown and prom dress retail store, which is supported by staff as it is within the same scale of a commercial use as the previous accountant office and will not disrupt the existing residential character of the surrounding neighbourhood. Staff recommend approval for the proposed Section 59 amendment to include a wedding gown and prom dress retail store among the permitted uses at the subject site. ALTERNATIVES AND OTHER CONSIDERATIONS There are no alternative considerations proposed for this application. Page 4 of 6 151 Kim Winters and Sherry Garnett 74 Loch Lomond Road March 16, 2018 ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 8, 2018. The public hearing for the rezoning was advertised on the City's website beginning on March 15, 2018. SIGNATURES AND CONTACT Prep redk r� Jo 1 iffer, , P.Eng., MCIP, RPP Planner Reviewed: Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Jody Kliffer Phone: (506) 632-6846 E-mail: jody.kliffer@saintjohn.ca Project: 18-28 Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 5 of 6 152 Kim Winters and Sherry Garnett 74 Loch Lomond Road March 16, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Submission 1: Site Plan Submission 2: Businesses in Area Page 6 of 6 153 ISDNINDHIVO INIVS I is LO 0 0 E 0 00 NEE= �J�JJ� J i i � NI ::f]VcjSjj ISDNI�JDHIVO INIVS is m I ,Awl, "V "lu"All"IF"llit ea C: E = 00 o 0,- C: 0 o 0 M a) cu 7Z_ c� u u� III r � lu" ll E 1.0 0 L (U s cn Q M M c ¢2 c 0 C3 Cn m c ¢2 a) Cl) T r - T c c c Nt 'E T T Cl) :D D� C� r v L E 0 75 m E 0 E 75 2 0 o o a) E c) ' c) E 0 :3 CL0 LL (D -j III 0 M s 0 CU 0 M s 0 CU '"'Y1171 R- � L-01 0111mi I ' I I I I I I F I lil I I I I I I I I 1!111 111113 1117 1 1 11 F I I I iI III I I �! I Ili I I� WK, & SAINT JOHN PROPOSED SlEcriOIN 59 AMENDII r RE: " ILOCH LOMOUID ROAD 16 -Mar -2018 PROPOSED SECTION 59 AMENDMENT IRE. 74 1 LOMOND 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 Monday, April 9, 2018 at 6:30 p.m., by: emending the Section 59 conditions Imposed on the April 23, 2001 rezoning of the property located at 74 Loch Lomond Road, also identified as PID No. 00322115. REASON FOR CHANGE; W establish a bridal and prom dress store in the existing building. The proposed amendment may be Inspected by any Interested person at the office of the Common Clerk, or, In the office of Growth and Community Development Services, 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. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact. the office of the Common Clerk. lonathan Taylor, Common Clerk 658-2862 161 http://www.saintjohn.ca/en/home/news/Publicnotices/community-planning/Proposed-secti... 21/03/22018 ourms'l," Ermeli'ps 115CO3('W58b7-lF4D z o MMU145 ADDRESS APA IING ADDRESS, Mw .. . . ............ . ........pall.... ..... . ... MAII,P;(,,,' ADIDAS$ PRESFNTIME . r ,FN 10 DANK PROPOSED USE� N."SIA, � ODF N d 0 'N (" . . ....... . . �11.11-11, - lIMWL MFRAPRUCTI 30 r, --.— IIIE I H !11 AG E M!ERKA RVAUVAMW E*1 W w ( 1010 � WAS � illop", Ell I.' I VARMINA �'.."RIEfr EXCAVADGIN ";;., ---l-...- � -.1111-1-1111-11— MIKE INVELOPIVEIN r lof Ill EXIMCM RFNClfAT�0?J ]AUTW)AY&M ]PLAMoxf.; N rrup, MR"N'flECAA,�`N Mik Y FLOOD WiK AbA. v OPPOWD GRADMG MAN: It K EINERIMH 600t� L Aow, yl, . . . ............ f. 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Jf „%.9 mMa ti4 i "M DmuFhWa I- iM."I M In AM F E V� Lei tri V:P f%a kA GO AW KV "E 4-1 C %^ t1lo rN Lr; xob roam,. CA Z %rh 20 dA *In 4� L "5Z cri AM ME uj LVI 2 p 2"1 E x'T C6, E CE E = E A wnwwF SP �M IAJ `ff- A 1 N RE ml iM- e7 V�� WAOID"'i Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, April 9, 2018 iffifel ry ®w±Mmimm= The proposedamendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community »«?»pmentS:«.. City Hall « Market Sq ar Saint John, N.B. between t . hours of 8:30 a.m. and 4:30 p « Monday throughL§k»< inclusive, holidays excepted. »eWritten objections t» he amendment may be sent 4 the undersigned at City Hall. ?#0y+<?a2. Jonathan Taylor, Common Clerk 658-28;2 171 PROJET DE MODIFICATION DE Lamb TIL 59 dBJET: 74 CHS MN LOCH L= ILS 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 I'Arrdtd dezonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lund! 9 avril 2018 A 18 h 30: eu lieu le 23 avril 2001 de la propri6t6 situ6e au 74, chernin Loch Lomond, et portant le NI�D 00322115. HF0 ww z:. Pour 6tablir urs mag in de robe de maride at de b l dares le b t meat existent, communal ou au bureau du service de la croissance et du d6veloppement communautaire 6 I'h6tel de ville situ6 au 15, Market Square, A Saint John, au Nouveau -Brunswick., entre 8 h 30 et TOM ialre par il lorf au SOU `IFW W77 A 1! •S611 171frit, lat,MuMez contacter le bureau du greffier communal. ` FM ON AVNIN�-,qjno W z a is mi-iw)(i ADELAIDE ST IZ LL ca '''ryryry,,, ro ryp�m;pgy� 0,pn AIVI �h IN 4 w � G ti j/ % � l / , , , .: � //iii iii , .. / ,,,,., i// ✓/ / / ,, ii/�/„,�....� ,.a/ ������. ,�,�„ „�. ,, i��/////������ �i,✓ ,, /i 0 000 / ,, ✓/oi , // / / / /// �, �� %/,,,,,,,,,, ,,,,,moi � / oi/ ., , , ✓ii// -,�/ elf r��oc,,,, , ri � i/ii/%%iii%/ � �l/ /� ���/ ���% f.,1 u / „� .� / /iii / „ �i///////////..,.,/i������� iii % / / // /i / / .//” i- /m o� / � � / �a%%/ of // / /%-;;;;;;;;; / � � � iiiiiooii sill. / ,% �����, ,. :,, o of , � , ; ;,,,; i ;=,i ,,,,, i ,; / / ,,, ,�✓. " ,,,,; ,,;;,,,; ; , m ral mdi "µms y, V h N p I p n a UGI"11 A, CO /10 wr a l di„��J7 ADELAIDE ST / V.b, � it CC � j mllmC 1 1", 6 4 ■imi 1 I SIM! 00=0m, NM! loci 4w Ismi i j 6 4 ■imi 1 I SIM! 00=0m, NM! UP H x O O O 0 3 as 3 as March 22, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment 55 Lansdowne Avenue The City of Saint ]ohn. On February 26, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2018 meeting. Mr. Myles Martin, of the Plazacorp Limited, the applicant appeared before the Committee and indicated support for the proposed recommendation. Ms. Anne McShane, of 47 Beaverbrook Avenue, appeared before the Committee and noted the site is in a Neighbourhood Intensification Area as outlined in Plan SJ which would warrant improved pedestrian access within the site. Committee members noted possible pedestrian improvements including stairs from Lansdowne Avenue into the southeast portion of the site and an extension of the existing sidewalk leading into the site along the main access in front of Dollarama / Shoppers Drug Mart. Mr. Martin noted Plazacorp would look at improved pedestrian access from Lansdowne Avenue as development occurs on site, noting they are preparing development plans for the land formerly occupies by Zellers. No other persons appeared before the Committee. One letter was received regarding the application, which is attached After considering the report, presentations and letter, the Committee adopted an amended Staff recommendation with an additional condition relating to the preparation of a plan by the developer for the approval of the Development Officer detailing pedestrian and vehicular circulation improvements for this Page 1 of 2 194 Plazacorp Property Holdings 55 Lansdowne Avenue March 22, 2018 portion of the site and that these improvements be completed within one year of building occupancy. RECOMMENDATION: That Common Council rescind the Section 39 conditions imposed on the December 2, 1985 rezoning of the property at 55 Lansdowne Avenue. 2. That pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.64 hectares located at 55 Lansdowne Avenue, also identified as PID No. 00370957 shall be subject to the following conditions: a) That should any new vehicular access points from Lansdowne Avenue be proposed for the development site, that the developer provide a Traffic Study reviewing the proposed access location. b) That the developer prepare a plan, for the approval of the Development Officer, detailing pedestrian and vehicular circulation improvements for this portion of the site and that these improvements be completed within one year of building occupancy. Respectfully submitted, Eric Falkjar Chair Attachments Page 2 of 2 195 The City of Saint. John Date: March 16, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, March 20, 2018 SUBJECT Applicant: Plazacorp Property Holdings Inc. Owner: Plazacorp Property Holdings Inc. Location: 55 Lansdowne Avenue PID: 00370957 Plan Designation: Mixed Use Centre Existing Zoning: General Commercial (CG) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, April 9, 2018. SUMMARY The applicant has applied to rescind the existing Section 59 conditions governing the use and development of the southeast portion of the site. These conditions currently limit the use of this Page 1 of 6 196 Plazacorp Property Holdings Inc. 55 Lansdowne Avenue March 16, 2018 portion of the site to a N.B. Liquor Corporation store having a floor area of less than 743 square metres (8000 square feet). A building permit has been issued to facilitate construction of the building by the New Brunswick Liquor corporation for future occupancy as a Cannabis NB store. As part of the permitting for the project, the applicant has applied to rescind the existing Section 59 conditions. Approval of this rescinding would allow the operation of the retail use to continue once the building is constructed as the use will be subject to the permitted uses in the General Commercial (CG) zone which include general retail and are proposed to include cannabis retail subject to a proposed text amendment to the Zoning By-law. This will allow for the eventual operation of the store under a separate Crown Corporation and allow for the possible future redevelopment of the site in accordance with the standards of the General Commercial (CG) zone. Approval of the application is recommended with a new condition relating to the preparation of a new traffic study should a new driveway be proposed accessing Lansdowne Avenue. RECOMMENDATION 1. That Common Council rescind the Section 39 conditions imposed on the December 2, 1985 rezoning of the property at 55 Lansdowne Avenue. 2. That pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3.64 hectares located at 55 Lansdowne Avenue, also identified as PID No. 00370957 shall be subject to the following condition: a) That should any new vehicular access points from Lansdowne Avenue be proposed for the development site, that the developer provide a Traffic Study reviewing the proposed access location. DECISION HISTORY On December 2, 1985, Common Council on rezoned the property to "SC" Shopping Centre and imposed the following conditions in accordance with Section 39 (now Section 59) of the Community Planning Act: • The development be limited in the southeast corner of the Plaza to a building of less than 8,000 sq. ft. for a N.B. Liquor Corporation store; • The building be located no closer than 3 metres from the side property line and 7.5 metres from the front property line; • The location of any new vehicular points from Lansdowne Avenue be prohibited; The area between the proposed building and front and side property line and the 4 ft. in front of the building be landscaped; Page 2 of 6 197 Plazacorp Property Holdings Inc. 55 Lansdowne Avenue March 16, 2018 • The aisle adjacent to the truck loading dock be standard width when a truck is unloading; and A building permit be received for the development proposed within one year of the rezoning [i.e. by December 2, 1986] and all elements of the development be completed within the next year [i.e. by December 2, 1987]. The intent of the rezoning was to recognize the existing shopping centre with the appropriate zoning and permit the construction of a New Brunswick Liquor Corporation Store in the southeast corner of the shopping plaza. In conjunction with the above rezoning, the Planning Advisory Committee, on November 19, 1985, granted variances to permit a proposed building (the former liquor store on the site) to be constructed within 7.5 metres of the front property line and 3 metres of the side property line. ANALYSIS Proposal The applicant has requested that the existing Section 59 conditions be rescinded to permit future development on the site. This will allow for the building being constructed in the southeast portion of the site to be utilized for uses other than a New Brunswick Liquor Corporation store. Site and Neighbourhood The site is located in the north end of the City and consists of three buildings with a variety of commercial uses including retail stores and restaurants. The site is bordered to the north and south by commercial development and by residential uses to the west which back onto the rear parking area of the main retail building in the shopping plaza. A mix of commercial and residential uses are located to the east of the site on the opposite side of Lansdowne Avenue. The site, along with areas to the north and south and lands on the opposite side of Lansdowne Avenue, are zoned General Commercial (CG). Lands to the west of the site along Adelaide Street and Harrington Street are zoned Mixed Commercial (CM). Municipal Plan and Rezoning Municipal Plan The site is designated Mixed Use Centre in the Municipal Plan. These are areas which are appropriate for re -urbanization through commercial uses and medium to higher density residential development. Policies LU -39 and LU -41 provide guidance with respect to commercial development Policy LU -39 Within the Mixed Use Centre designation, permit a range of commercial and higher density forms of residential development such as apartment, condominium and townhouse units, integrated with appropriately scaled commercial uses in carefully Page 3 of 6 198 Plazacorp Property Holdings Inc. 55 Lansdowne Avenue March 16, 2018 planned locations to facilitate the development of a vibrant, complete, urban neighbourhood. Policy LU -41 Establish appropriate standards in the Zoning Bylaw to encourage mixed- use development appropriate for the neighbourhood in which it is located by requiring appropriate setbacks, massing, height and limits to the permissible commercial uses. The proposal to rescind the existing Section 59 conditions would allow for development in the southeast portion of the site in accordance with the permitted uses and standards of the General Commercial (CG) zone. Given this, it conforms to Policy LU -39 in that it allows for a range of commercial and residential uses, not just one specific use as is provided for by the existing conditions imposed through the 1985 rezoning. The rezoning would also provide for uses on the site to be regulated in accordance with the existing General Commercial (CG) zoning of the site as outlined in Policy LU -41 of the Municipal Plan. Rescinding Section 59 Conditions Rescinding of the existing Section 59 conditions would allow for the building to be occupied by a Cannabis NB store. Staff note that a separate text amendment is proposed to the Zoning By-law that would define "cannabis retail" as a use in the zoning by-law and provide for this use as a permitted use in select commercial zones including the General Commercial (CG) zone. Rescinding of the existing conditions would allow for development in accordance with the standards of the Zoning By-law which regulate aspects such as landscaping and parking and the standards of the General Commercial (CG) zone such as setbacks and building height. Staff note the site selection criteria provided in the New Brunswick Liquor Corporation tender document require the following separation distances and location constraints: • 300 metre separation distance from schools; • 300 metre separation distance from playgrounds with play equipment intended for children to use; and • an obscured line of sight from licensed daycares. The proposed location meets these requirements and Staff note the 300 metre separation distance from schools is included in the proposed text amendment to the City's Zoning By-law. The current Section 59 conditions prohibit the location of any new vehicular access points from Lansdowne Avenue. The site is currently served by three driveways along the 170 metre frontage of the site along Lansdowne Avenue, along with to access to adjacent parcels of land. Staff recommend a new condition that would require the preparation of a traffic impact study to support any new driveway access from Lansdowne Avenue. Page 4 of 6 199 Plazacorp Property Holdings Inc. 55 Lansdowne Avenue March 16, 2018 Conclusion Staff are of the opinion that the proposal to rescind the Section 59 conditions meets the intent of the Municipal Plan and recommend approval of the application. A new Section 59 condition is recommended to require a traffic study should a new driveway be proposed from Lansdowne Avenue. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were assessed in the preparation of the report. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 9, 2018. The public hearing for the rezoning was advertised on the City's website beginning on March 16, 2018. SIGNATURES AND CONTACT Prepared Approved: 4 Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: (506) 721-0736 E-mail: mark.reade@saintjohn.ca Project: 18-27 Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 5 of 6 200 Plazacorp Property Holdings Inc. 55 Lansdowne Avenue March 16, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 4A: Aerial Photography Map 5: Site Photography Page 6 of 6 201 In AV NI24313rjci I w z .LS AVH�jnc I ADELAIDE. S T CN 0 . xu r LO 0 LO Asa CL 0 0 - CL L- 0 u III 0- I to 0 Em PORMIMM is In a r AV NI24333(7C7 yr 2 W �d5 i II 0 00 C: CO 'yR', 0 Cf) Q a) t� !.9 o 75 0u " y, ,',��, r a) °' a) a vLO 0 �, T r Cn ��. r y D, D, :, S/V ,m, a EUAI°� Lj- rr Gf `� E CL o E E i o E o CL LM ( : r 1 is um-io -i ra a) (D 0 x a LL LO OG q » � 0 in m 11 21, 5d5 ea C: i o 0 C!� L- 06 _ M E F. E rl- 0 N The Corporation of the Anglican Parish of Portland ST. LUKE'S CHURCH PO Box 22078 RPO Lansdowne Phone: (506) 693-4152 Saint John, NB E21K 4T7 www.stlukessi.ca Fax: (506) 693-0930 twitter: @stlukesrevival Email: stiukesportiand@bellaliant.com Priest -in -Charge: The Rev. Canon David Barrett Re: Rezoning of 55 Lansdowne Avenue To: The Planning Advisory Committee City of Saint John Project No. 18-27 I am writing on behalf of the Anglican Parish of Portland (St. Luke's Church) in regards to a letter we received regarding the new development at 55 Lansdowne Avenue. We are strongly opposed to the new N.B. Liquor development next to our church that will see marijuana products being sold and distributed on a daily basis in that location, or for that matter at any other location, in the North End of Saint John. The North End already has an out of control drug problem that affects the entire community. It ruins lives and makes working and operating a business in this community every day a real challenge. Making a mind altering drug readily available will only create more problems in our community. We have already had some issues with folks who use the Methadone Clinic on a daily basis and this development will only create more problems. We have an Outreach Ministry supporting folks in the community and we have had problems with alcohol and illegal drugs in the past. Legalizing marijuana and selling it two doors down from our church will only create more problems, not only for us but for other churches and groups who work hard to support the folks living in our community. We are also deeply concerned and extremely disappointed that this new development is already being constructed. In fact, the foundation, walls and roof have already been constructed prior to us receiving your letter that describes the public 101.13 process that is supposed to take place prior to construction. It is shameful that this building is already being constructed and by the time (April 9/18) the Public Hearing takes place the walls will more than likely have the siding installed. It is our belief that although this letter states that "the Committee is interested in hearing the views of neighbouring property owners who might be affected by this proposal," that this is a done deal and that this process is just a formality and a general waste of time. That too is shameful. We appreciate the opportunity to voice our concerns, all be it too little too late. We would strongly urge the Planning Advisory Committee and the City of Saint John to make sure that before a building permit is issued for a property that requires rezoning, that the application process and public consultation be done in the proper order and not when the project has already begun. In the past we have always received a letter regarding new developments in the neighbourhood. To be honest, we were deeply concerned when construction on this new development began and we had not heard anything from PAC or the City of Saint John regarding this development. Given the fact that marijuana is being sold so close to churches, three medical facilities and a business catering to special needs children, consultation prior to construction should have been carried out long before building permits were issued. Sincerely, �6ert. J Ztman Rob Pitman Outreach Pastor St. Luke's Anglican Church (506) 693-4152 Church (506) 653-1134 Cell 18016.1 PROPOSED SECTION 59 AMENDMENT RE: 55 LAMSWNE AVENUE � Saint John Page I oft QR�`_,SAINT JOHN FIR0III" 0511ME) SIE' CT10III' 4 59 AMONDMEN iir RE: 55 III ANSDOWNE AVENUIE 16 -Mar -2018 PROPOSED SECTION 59 AMENDMENT RE: 55 LAIMSDOWINE "ENUIE Public Notice is hereby given that the Common Council of The City of Saint John Intends to consider arnending The City of Saint John Zoning By-law at its regular rneeting to be held In the Council Charnber on Monday, April 9, 20:1.8 at 6;30 p.m,, by: Amending the Se(Zon 59 conditions imposed on the December 2, 1985 rezoning of the property located at 55 Lansdowne Avenue, also identified as PID No. 00370957. F1,1"'ASOIN 1:01:k CIIANGE� To allow for future development. rhe proposed arnendirnent inay be inspected by any interested person at the office of the Common Clark, or in the office of Growth and Community Development Services, City Hall, 1.5 Market Square, Saint John, N.B. between the hmArs of 8:30 a.m. and 4:30 p.rn., Monday through Friday, Inclusive, holidays excepted. Written obied.ions to the amendment may be sent to the undersigned at City I iall. Media Inquiries 210 bttp://www.saintjohn.ca/en/home/news/Publicnotices/com.munity-plan-n.ing/proposed-secti... 21/03/2018 GROWTH&COMMUNITYDEVELOP 61TSF. T CR'a""V,-JP-1JOHN piOnlic, A "e!'wFax. u LOCAVON CIVICN)Dft 5 Lansdowne,Ave. 7� �09. HE_jA -',,EARLA. -S _ PPUC Onn�' A .............. U.A HEWTAGE ARFA, Y N IUMNSIFICATION A41EA, Y N FWOD RIWAREA: Y N APPROVED GIRADI W MAM Y N . . ...................... n7 RECEIVED: I.A. APPUMT n: DATE . . . . ......... R ra..] VFD BY: APPUCW EMAK PHONE PLAZACORF1 PROPER I"Y H01 -DINGS INC, james.petrle@pIaza.ca (506) 447-7879 ........... . . . . ................ . . MAILING ADD RES$ POSTAL CODE 98 MAIN s-rREE-r, FRED0:mc rON, NB E3A 99,46 2 IX MTRArTOR EMM L PHONE 1101 RCS CONSTRUC110N !NC. cbark.house@rcsinc. ca (506) 333-9020 z.. . . ...... MAWNG ADDRESS POSTAL CU)E z 1070 St George iBlvd, Moncton, NB El E 4K7 OWNER EMAuL PHONE PLAZAGORP PROPER FY HOLDINGS INC. same as above ho Ve E11101AH.1 NG ADDRESS . ...... . - - - ------- - - -'-POSTAL-M' DE s S, i-1 ab .1 Z..� rn car bove PRE SEWUSE. PROPOSED USE: U6q ANI Ki . ......... MANNING INFIRASTRW7URE HEMIAGE " .N T10 CL WTERIOR RENOVATION NEw cONSTRUr-nON nIVARIANCU -TEXCAW-11MON H 11"RI TAG E D ll,VELO P M ENT ........... EISTREF < DXTEMOA REMM/KilON r R CU JjT 11ER11"WAGESIGN �ACCESSCMYIRLD PLAN LFTTER DMVEWAY CULVERT []ADXr0V ElpWL R(1PACAJ'PLXAll0N n_ ON MNAGE H-MV6 IE, INHU. < nDF.-,CK []rjr.mouTIONCOUNCILAPP WATER & SEWERM E 11 HERMAGIEDEW.) Ne 11CHAWEDFUSE 0M Nor 0SUBMMS$0N 130THER DOWIER WM MUM STAKDARDS []OTHER CYTHER El -- - ----- ----- -------- . . . . . ....... C) ;WTo rescind t1he existi!ja_§(t�,.tion 39 conditonsto allowfor dev&lop e�t in a a(Tc rwFa`rice with the standards of the current zoning ,. . . 22 3c . ............... ............. U I ....... . . . . . ................. n,l m.insent Wthie Ott of SaIntJohn sendhglto me commercial electronic inewsW,%from tkine to ti regarding City IniflaUves and 6n wmrrolkyykm 1;� undenkinsO, hereby ar4j#y fov #he pl—1 oke we W Hw. wak described an plarm submhAkxvj aml hyms, hefewlth I MIT infon2we"'W fix h0 mo collcoal 4" ardw fir dw Cleyal',leawl Jedm to delgwran rx&##ng pragmm AW callas&T lAWsed In Out sphYch is pwanwr to tkilrer dw PMARTaw the apprped for pcqm6k(4 or appovolis). Iiagme ft» ce..)nWV qVith the pla% xvvlru,, 14dexx redpiml to & so by law, tAw 0(p qj"Aa, Wn#Jahn will wN shamy' and further agree to com* with rj§ rWevaM CR)e By -kms ond lqfammom wds any sftlftJpwtp wOmfyow qpraaw mwem. comkiJons bnposed. l7w 411cipf rmehijolyfny, adlecift INs da fiwjwNop is en befimad In #k, Aftdr1pniffin Arl amf PLA7 'RP PRQI::'ER rY HOI D INGS INC, ....... .. .... 11WRipw to lqyranwrolion and lIpwor'Waff qj, profty Avg. rarfignber lqfOrmalan of V'089114ftw App f Nor 1goe"Mflah, joheresu anawr JAMS P& MM, AppFcantSignature, 81h Jr-70or - IJ Marka Vvrm, & GMERAL COUMEFf &mLlahn, NB KM IER V FEBRUAR"(14,2018 (506) OW -2862 Date 211 %ld, on 39 Amendment Zon(ling By-h3w Amendmert E"] ZonlnqBy--kwAm9ndim erdvvb SerAw F:'em $Z5W Senfte Fam S2,5W a mul-AcIpal Phan Amendimard 11 SMAM FeW. M6W I W -aA ", MPZM"- '0 1 Regkdered Owner & G�� c VN Data The ftmaWn awlain ed InIhis appikaton and any documentaton, InrJuding pims, dvmWwigs, repoft, and sV pfvdded in suppowt of thist wbon WHI b*WMe W of ft lC wAM.. PAM *f#2952??L�d9k§f+222#SE{» »�L TI" ""0 *ublic»,s is hereby given that theCommon Council of The City Saint John intends consider amending The City »{ Saint John « ing By-law at its regular «w« to be held in the Council Chamber.: Monday, April 9, 2018at5 » p.m., »: Amending the Section 59 conditions imposed on the December© 145 rezoningmthe property located w?<Lansdowne w«w e, also identified»?f?° No. 00370957, Pm / \ J � 4w. Sq&� REASON FOR CHANGE: To28&frfi bred elopment The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, 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. PL If you require French services for ai Common„' office Common Jonathan o' 658-2862 I Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John inclique son intention d6tudier la modification suivante 6 I'Arrdb§ de zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 9 avril 2018 Modification des conditions impos6es en vertu de I'article 59 relativernent aurezonage, qui ont eu lieu le 2 d6cembre 1995 de la propridtd situ6e au 55, avenue Lansdowne, et portant le NID 00370957. » communal ou au bureau du service de la croissance et du d6veloppement communautaire A I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau -Brunswick., entre 8 h 30 et Ved|+Z faire part de vos objections au projet de modification par §cq AI' mGbn du Souk \ n6 §Rhm+ de Qg& PAIN iiiiii 1�1 lljp�ljj 111111��Ijpjlll iiiiiii � 11 11111111 Ph F-11 U) 4-0U O L. QL co 0. c� �U E E O U Mm U ry U m O_ O U U Am O 4-0m O O U). a) C: C:N C: UD c� U C: O 4-0 E O co 0. c� �U E E O U Mm U ry U m O_ O U U Am c O � U E O O :3 > CU c CU 0 E a O u) LL L) a '� N o c o c� O Ca M N CIO >' U)CL O cn }' C6 � O +0 CU - j CE •- QL O mom—L—�� cp cU (1) 4--j 4- Cl) 0 c 0 Cl)CU �_ :3 0 (1)_ U Ncu I.— •� � U) C: U) U) C6 O O O O C: :3 O M M QL O N (� CUcuM ' CUCU CX U '> CU E •- co Q 0 C6 � •V J � m O � U C: E N � E C) o � � 0 � March 22, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Zoning By -Law Text Amendment Cannabis Businesses The City of Saint ]ohn. On February 26, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2018 meeting. Mr. Mark Reade, of the City's Growth and Community Development Service Area, provided an overview of the proposed amendments and responded to questions from the Committee members relating to the proposed separation distances applying between cannabis retail outlets Mr. Reade noted a 1000 metre separation distance would be required between 2 cannabis retail outlets and a 300 metre separation distance would be required between a cannabis retail outlet and a school (grades K-12). No other persons appeared before the Committee and no letters were received regarding the application. After considering the report and the overview provided by Planning Staff, the Committee adopted the recommendation contained in the Staff Report. RECOMMENDATION: That Common Council adopt the attached by-law amendment entitled "By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." Respectfully submitted, Page 1 of 2 234 City of Saint John Cannabis Businesses March 22, 2018 Eric Falkjar Chair Attachments Page 2 of 2 235 The City of Saint. John Date: March 16, 2018 To: Planning Advisory Committee From: Growth & Community Planning Growth & Community Development Services For: Meeting of Tuesday, March 20, 2018 SUBJECT Applicant: City of Saint John Application Type: Zoning By -Law Amendment Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, April 9, 2018. SUMMARY Growth and Community Development Staff are proposing amendments to the Zoning By-law which would define three land uses: cannabis retail, cannabis processing and cannabis production and list these uses as permitted uses in select commercial and industrial zones. This approach is being taken to prepare for the pending legalization of cannabis which is scheduled to occur in mid -2018. Approval of the amendment is recommended. RECOMMENDATION 1. That Common Council adopt the attached by-law amendment entitled "By-law No. C.P. 111-xx, A Law to Amend the Zoning By -Law of The City of Saint John." Page 1 of 9 236 City of Saint John Cannabis Businesses March 16, 2018 DECISION HISTORY On May 15, 2017 Common Council adopted a text amendment to the Zoning By-law relating to Medical Marijuana Production Facilities establishing this land use as a permitted use in the Medium Industrial (IM) and Heavy Industrial (IH) zones. Growth and Community Planning Staff reported to Common Council on February 26, 2018 with a series of recommended amendments to the City's Zoning By-law relating to Cannabis Businesses to prepare for the pending legalization of cannabis. At the meeting of February 26, 2018, Common Council referred the proposed text amendments to the Planning Advisory Committee for their review and recommendation. ANALYSIS Background The federal government's Cannabis Act, which has received first reading in the Senate, sets out federal areas of responsibility and delegates some areas of responsibility to the provinces. Federal jurisdiction includes the licensing and oversight of commercial producers for recreation and medical cannabis with Provincial jurisdiction being the retailing and distribution of recreational cannabis within a framework set by the Federal Government. New Brunswick's Retail Model The Province of New Brunswick has adopted a retail model that will establish a Crown Corporation, as a subsidiary of the New Brunswick Liquor Corporation, to sell recreational cannabis in New Brunswick. A tender was issued by the New Brunswick Liquor Corporation (ANBL) in late -2017 for leased space for cannabis retail outlets in various locations in the Province. Two sites have been awarded for cannabis retail outlets in Saint John: • 168 Rothesay Avenue (Atlantic Superstore) • 55 Lansdowne Avenue (Lansdowne Plaza). Site selection criteria provided in the tender document require the following separation distances and location constraints: • 300 metre separation distance from schools; • 300 metre separation distance from playgrounds with play equipment intended for children to use; and • an obscured line of sight from licensed daycares. Page 2 of 9 237 City of Saint John Cannabis Businesses March 16, 2018 Both of the sites in Saint John meet the separation requirements contained in the ANBL tender. The sale of cannabis is currently illegal until Federal Legislation comes into effect which is expected to occur in June. This timeline for legalization provides for sales to begin in August or September. In order to allow for the retail outlets to be constructed prior to the legalization date, major New Brunswick municipalities have considered the proposed ANBL outlets as a retail use for the purpose of issuing building permits. Proposed Amendments Municipal Approaches to Cannabis Businesses Growth and Community Development Staff have reviewed best practices across Canada and the United States with respect to regulating the cannabis industry from a land use perspective. Planning staff have also participated in presentations and submissions to the Provincial Select Committee on Cannabis through the New Brunswick Planning Directors and consulted with planning staff in Moncton and Fredericton regarding their approach to regulating cannabis - related land uses including production, processing and retail sales. This is an evolving area of land use planning as many municipalities in Canada are currently developing standards and regulations around land uses associated with recreational cannabis and have yet to enact them given the pending legalization. The Province of Manitoba has recently produced a guide for municipalities (attached to this report) which provides guidance regarding the approach to zoning for cannabis retail uses including location and buffering considerations, hours or operation, signage and parking. On the basis of the research undertaken by staff, a range of approaches are considered for municipalities to regulate cannabis related businesses: 1. A permissive approach which involves interpreting cannabis related businesses as uses that are currently permitted by a municipality's zoning by-law. For example cannabis retail would be interpreted as a commercial use such as general retail, with processing and large-scale production being interpreted as a permitted industrial use such as a laboratory in the case of cannabis processing and manufacturing in the case of cannabis production. Some municipalities in New Brunswick are taking this approach. 2. An intermediate proactive approach which involves providing a clear, definitive framework for land use regulation that permits these uses in appropriate zones with defined standards. This approach involves defining the specific uses such as cannabis production, cannabis processing and cannabis retail and outlining associated standards for these uses such as designating where these uses can be located in the community as a permitted use subject to specific standards in the zoning by-law. 3. A controlled approach which requires a public approval process for each business location. This is accomplished through a conditional use approval by a municipality's Planning Advisory Committee or through a rezoning process to a specialized zone which requires the approval of Common Council. Page 3 of 9 238 City of Saint John Cannabis Businesses March 16, 2018 Growth and Community Development Staff are recommending the City pursue a proactive, intermediate approach to these emerging land uses. This approach will provide a clear, predictable framework for this sector while ensuring a degree of control at the local level to minimize the impact on adjacent land uses and align with the overall Provincial and Federal regulatory framework to control the sale and distribution to limit the broader risks of youth exposure and health and safety impacts. The proposed by-law amendments involve the following: • Defining cannabis retail as a specific use and permitting it in select commercial zones subject to spacing requirements which require a separation distance between cannabis retail outlets and K-12 schools and other cannabis retail outlets. The guidance document prepared by Manitoba notes typical separation distances of 150 metres to 300 metres between cannabis related facilities and schools and other cannabis related facilities. Staff are recommending a separation distance of 300 metres between schools and cannabis retail facilities based on regulations in Colorado, Washington State and Vancouver. In addition, staff are recommending that a separation distance be required between a cannabis retail store and another cannabis retail store to control the concentration of these uses in the event of future privatization of these stores. Staff note that the 1000 metre distance is a reasonable distance between the major retail areas within the City. This separation distance could be reduced or eliminated to allow for more flexibility in siting. • Defining cannabis -related processing and production as a specific use and permitting these activities in select commercial and industrial zones. Proposed Definitions The proposed by-law amendment introduces definitions for Cannabis, Cannabis Retail, Cannabis Processing Facility, and Cannabis Production Facility. With respect to cannabis production, staff recommend the current definition of a Medical Marijuana Production Facility be amended to a Cannabis Production Facility that would cover the production of cannabis for both medical and recreational consumption. The proposed definitions are provided below: "Cannabis" means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act." "Cannabis Processing Facility" means any use of land, building, or structure involving the processing of raw Cannabis materials; the making, testing, manufacturing, assembling or in any way altering the chemical or physical properties of semi -finished or finished goods and products involving cannabis; or the storage or transhipping of materials, goods and products; Page 4 of 9 239 City of Saint John Cannabis Businesses March 16, 2018 A cannabis processing facility includes, but is not limited to the laboratory testing, extraction and purification of cannabinoids; research and development and the production of pharmaceutical -like products. "Cannabis Production Facility" means a facility and premises authorized by a license issued by the Government of Canada, pursuant to the Cannabis Act for growing, producing, testing, destroying, storing, or distribution of cannabis but does not include the retail sale of cannabis or cannabis related products. "Cannabis Retail" means the sale of cannabis or cannabis related products to the general public. Staff are also recommending the amendment of other definitions in the Zoning By-law so that retail, processing and production facilities for cannabis cannot be interpreted as other commercial, industrial or agricultural uses. A similar approach was taken with the previous amendments for Medical Marijuana Production Facilities. This would include amended definitions for the following: • agricultural use • farmers market • forestry use • garden centre • health services laboratory • light industrial use Proposed Locations and Spacing Considerations • regional commercial centre • research and development facility • retail convenience • retail general • retail warehouse • special industrial use Cannabis Retail Staff are proposing that Cannabis Retail be permitted use in the following commercial zones: • Uptown Commercial (CU), • Corridor Commercial (CC), • Regional Commercial (CR), • Campus Research Commercial (CRC),and • General Commercial (CG). These zones are proposed for cannabis retail as the intent of these zones is to provide for medium to large-scale commercial developments, particularly retail uses. Staff are recommending that the use not be permitted in the following zones: • Business Park Commercial (CBP), • Waterfront Commercial (CW), • Mixed Commercial (CM), Page 5 of 9 240 City of Saint John Cannabis Businesses March 16, 2018 • Local Commercial (CL), and • Rural General Commercial (CRG). The recommendation of not allowing cannabis retail as a permitted use in the Business Park Commercial (CBP) zone is based on intent of this zone being primarily for larger -scale employment uses including post -secondary education and health-care and not retail uses. Cannabis Retail is not recommended to be permitted in the Mixed Commercial (CM), Local Commercial (CL) and Rural General Commercial (CRG) zones as these zones are intended for commercial uses they serve the daily needs of surrounding residential neighbourhoods. Given this intent for a smaller -scale retail use and their proximity to predominantly residential areas, Staff are not recommending cannabis retail as a permitted use in these zones. Staff are also proposing that cannabis retail uses be subject to a separation distance from schools and from other cannabis retail outlets. Staff note providing a separation distance from schools is common in other areas where cannabis has been legalized and has been a consideration in other Canadian jurisdictions. In addition, the recent tendering process conducted by ANBL required these locations be located 300 metres from schools. Given this, staff recommend that a provision be added to the zoning by-law that will require cannabis retail stores to be located a minimum distance of 300 metres away from of a lot containing a school (K -12) and that this requirement be measured between the property lines of the two sites. Staff also recommend that a provision be added to the zoning by-law requiring a cannabis retail store to be located a minimum distance of 1000 metres away from another cannabis retail store. This requirement, measured between the property lines of the two properties, is intended to prevent a proliferation of these uses in a general area. While the retail outlets are currently proposed to be established and controlled through a subsidiary of the New Brunswick Liquor Corporation, adoption of the proposed approach will provide a regulatory framework to provide defined locations for retail outlets within designated commercial areas should privatization of the market occur. The approach of regulating these uses through the zoning by-law will provide for these retail outlets to be located in commercial areas, consistent with best practices from other areas in North America where cannabis has been legalized. This approach seeks to minimize their impacts such as traffic and potentially odour on adjacent land uses by locating these facilities in established commercial areas. The proposed separation distance from schools is consistent with the intent of proposed Federal and Provincial legislation to reduce accessibility and visibility of the products to youth. Cannabis Processing Facility Cannabis production and processing have been identified as a key sector where the Province, through Opportunities New Brunswick, is focusing economic development efforts. This sector also presents an economic development opportunity for Saint John as shown by the recent application by Nuvera to establish a cannabis processing facility in the city. Staff are proposing that Cannabis Processing facilities, as defined by the proposed amendment, be permitted use in the following commercial and industrial zones: Page 6 of 9 241 City of Saint John Cannabis Businesses March 16, 2018 • Regional Commercial (CR), • Campus Research Commercial (CRC), • Business Park Commercial (CBP), • Light Industrial (IL), and • Medium Industrial (IM). This approach is recommended as these zones permit the similar use of a research and development facility and are either intended for a light manufacturing or processing land use or in the case of Regional Commercial (CR), provide an appropriate building topology in an area with compatible land uses. Cannabis Production Facilities In 2017, The City's Zoning By-law was amended to allow for Medical Marijuana Production Facilities in the Medium Industrial (IM) and Heavy Industrial (IH) zones. Given this, Staff are recommending the Zoning By-law be amended to replace the reference to "Medical Marijuana Production Facility" to "Cannabis Production Facility" in the zoning by-law. This will allow for large-scale production facilities for both medical and recreational cannabis as a permitted use in the Medium Industrial (IM) and Heavy Industrial (IH) zones. The current spacing and site design requirements for the medical marijuana production facilities will apply to the cannabis production facilities. These requirements currently: (a) limit all functions associated with the use to be conducted within a completely enclosed building; (b) prohibit outdoor storage associated with the facility; and (c) require a separation distance of 150 metres between a production facility and any residential zone or a lot containing an existing public or private school measured to the property line. The proposed amendments also include parking standards for the new uses that are consistent with those for similar uses. Municipal Plan Conformity Cannabis Retail The zones where Cannabis Retail is proposed to be listed as a permitted use are those which provide for medium to large-scale commercial developments and allow for General Retail in established commercial areas. These would be commercial areas in the Uptown, the City's Commercial Corridors, Regional Retail centres and areas having Campus Research Commercial (CRC) and General Commercial (CG) zoning. This approach is consistent with the following policies of the Municipal Plan: Page 7 of 9 242 City of Saint John Cannabis Businesses March 16, 2018 • Policies LU -59, LU -61 which provide for larger format commercial uses in the City's regional retail areas (Fairville Boulevard and McAllister Regional Retail Centre). • Policy LU -83 of the Plan which intends that automobile -oriented service and commercial uses be located in Commercial Corridors. • Policy LU -13 which designated the Uptown Primary Centre as the major business area within the City and Policy LU -34 which provides for appropriate commercial uses in the UNBSJ/Hospital Plateau area. • Policy LU -69 which permits a range of commercial uses in Stable Commercial areas including the General Commercial (CG) zone. Cannabis Processing Cannabis processing is proposed to be permitted in select commercial and industrial zones which permit larger scale commercial and industrial uses. These areas would include the UNBSJ / Hospital Plateau, Business Centres and industrial areas. Key Municipal Plan policies supporting this approach are: • Policies LU -59 and LU -61 which provide for larger format commercial uses in the City's regional retail areas (Fairville Boulevard and McAllister Regional Retail Centre). Staff note the building topology of these uses is the same as that used for large format commercial uses and given that no outdoor processing or storage occurs these uses are considered compatible with a regional retail area. • Policy LU -34 which provides for Medical and health-related services and facilities; laboratories, and research and development facilities in the NBSJ/Hospital Plateau area. • Policy LU -64 which seeks to accommodate a mix of commercial and light industrial uses in the Business Centre designation. This land use designation includes uses that may have a laboratory component. • Policies including Policy LU -81 that provide for light manufacturing and research and development activities in the City's industrial areas. Cannabis Production Cannabis production is proposed to be permitted in the Medium Industrial (IM) and Light Industrial Heavy Industrial (I H) zones. This is consistent with the approach taken by other Canadian municipalities, where this use is considered to be an industrial use. Policy LU -81 and LU -76 of the Plan support locating these types of uses in the City's industrial areas. Conclusion The proposed amendments will provide a clear, predictable framework for business and industry while ensuring a degree of control for the municipality to minimize the impact on adjacent land uses. Approval of the proposed text amendments is recommended. Page 8 of 9 243 City of Saint John Cannabis Businesses March 16, 2018 ALTERNATIVES AND OTHER CONSIDERATIONS The Planning Advisory Committee could recommend changes to the recommended approach to address standards such as spacing requirements and permitted zones. ENGAGEMENT Public The public hearing for the rezoning was advertised on the City's website beginning on March 16, 2018 in accordance with the requirements of the Community Planning Act. SIGNATURES AND CONTACT Prepared Mark Reade, P.Eng., MCIP, RPP Senior Planner Contact: Mark Reade Phone: (506) 721-0736 E-mail: mark.reade@saintjohn.ca APPENDIX Approved: Ja queline Hamilton, MURP, MCIP, RPP Commissioner Submission 1: Draft Amending By-law Submission 2: Zoning for Cannabis: A Guide for Manitoba Municipalities Page 9 of 9 244 All levels of government are working together in order for the legalization of cannabis to be successful. Municipalities have a unique perspective to offer on the legal and regulatory framework for cannabis use. Manitoba Municipal Relations has prepared this resource guide to assist Manitoba municipalities with proposed cannabis facilities to amend their existing zoning bylaw to regulate the siting and operation of cannabis production and retail within their communities. The government will not dictate the approach but rather outline options available to planning authorities to be more or less permissive of cannabis -related facilities. We also encourage municipalities to contact their local Community and Regional Planning office for assistance in amending their bylaws. Pzf:1 Table of Contents Preface Page i Introduction Page 1 Areas of Responsibility Page 2 Legislative Framework Federal Page 3 Provincial Page 5 Municipal Considerations Page 7 Zoning for Retail Cannabis Stores Page 9 Appendices Appendix A: Provincial Retail Models Page 13 Appendix B: FAQs Page 14 Appendix C: Jurisdictional Review Page 15 Appendix D: Community and Regional Planning Page 17 Contact Information Every effort has been made to ensure the accuracy of the information within this guide. In the event of a discrepancy between this guide and governing legislation or local bylaws, the legislation and bylaws will take precedence. Introduction The federal government has committed to legalize cannabis. The Cannabis Act, if passed, would make it legal to produce, use and sell cannabis across Canada by July 2018. The Government of Canada's goal for legalizing, strictly regulating and restricting access to cannabis is to keep cannabis out of the hands of Canadian youth, and to prevent organized crime form continuing to profit from the illegal cannabis market. Each level of government will have various responsibilities, as well as have some shared areas of responsibility (Table 1). The federal government will continue to provide oversight of the medical cannabis regime, as well as set the rules around possession limits, advertising, trafficking, advertising, the tracking of seed to sale, establishing minimum age limits and personal cultivation. The provincial and territorial governments will govern many aspects of the legalization framework, including wholesale and retail distribution, and selection of a retail model. Provinces will also have the ability to set more restrictive age or possession limits. Municipal regulations will stem from the federal and provincial frameworks. Although the legal framework for cannabis has not been finalized, municipal governments will play an important role in local implementation. This document summarizes current planning approaches for cannabis -related facilities and provides zoning options for municipalities. f►47i7 Areas of Responsibility Each level of government will have various responsibilities, as well as have some shared areas of responsibility (Table 1). The federal government will continue to provide oversight of the medical cannabis regime, as well as set the rules around possession limits, advertising, trafficking, advertising, the tracking of seed to sale, establishing minimum age limits and personal cultivation. The provincial and territorial governments will govern many aspects of the legalization framework, including wholesale and retail distribution, and selection of a retail model. Provinces will also have the ability to set more restrictive age or possession limits. Municipal governments will play a key role in land use planning and zoning for cannabis -related facilities. Table 1. Jurisidicitional responsibilities for the different levels of government. 2 251 -•-ral Provincial Municipal Possession limits Trafficking Advertisement and packaging V Impaired driving Medical cannabis V Seed -to -sale tracking system N/ Production (cultivation and processing) V Age limit (federal minimum) Public health V V Education N/ N/ Taxation V V Home cultivation (growing plants at home) Workplace safety V Distribution and wholesaling Retail model V Retail location and rules N/ N/ Regulatory compliance V Public consumption Land use planning and zoning V 2 251 Legislative Framework Federal Legislation Bill C-45 The Cannabis Act Medical cannabis was first legalized in Canada in 1999 under the Access to Cannabis for Medical Purposes Regulation (ACMPR). It is available only with a medical prescription and currently 70,000 Canadians have prescriptions. Medical cannabis can only be purchased through mail order. The medical cannabis regime will continue to operate in parallel to the recreational cannabis sector. The Cannabis Act will decriminalize recreational cannabis and provide for the federal government to continue licensing producers, just as it licenses producers for the medical market. The sale of recreational cannabis and related public health and safety responsibilities are delegated to the provinces and territories. Bill C-45 will legislate the following: 1. Possession and use of cannabis: The minimum age is 18 years or older to possess cannabis and adults may possess up to 30 grams of dried legal cannabis in a public place and may grow up to four plants per household to a maximum height of 100 cm. Provinces will have the ability to introduce more stringent rules, such as increasing the minimum age, setting lower limits for the amount that can be possessed in a public place, and a reduction in the amount of permitted plants. 3 2. Illegal activities: There will be strict criminal penalties for anyone operating outside of the legal system. Minor offences (such as carrying more than 30 grams but less than 50 grams) will carry a $200 fine. 3. Restrictions on advertising, promotions and packaging: The advertising, packaging and labelling cannot be appealing to youth and cannot contain false or misleading promotion. The display of cannabis and accessories at the point of sale will also be restricted. 4. Commercial production: Health Canada will continue to license the commercial production, import, export and sale of cannabis. Licensed producers can grow and sell product for both the medical and recreational markets. 5. Retail of recreational cannabis: Provinces and territories will be given the authority for the sale of recreational cannabis which will allow them to determine their own regime for distribution and retail, as well as the regulation and inspection of those outlets. 6. Protection of public health and safety: The Non- smokers' Health Act will be amended to prohibit the smoking and vaping of cannabis in regulated places, similar to the restrictions in place for tobacco smoking. PM 7. Edible cannabis products: Bill C-45 does not address edible and drinkable cannabis products although the federal government has indicated its intent to introduce legislation around edibles soon after Bill C-45 is proclaimed. Edible products will not be legal for retail sale. 4. Cannabis products: Rules and standards will be established for the production of cannabis products to enable retailers to provide products with known potency, reduce the appeal to the youth market, and to prevent the accidental consumption of cannabis by young persons. Proposed Federal Cannabis Regulations To support the implementation of the proposed Act, 5 regulations would need to be enacted in a number of areas. The federal government is proposing to build upon the established regulatory requirements that are currently in place for medical producers. The proposed regulations will address: 1. Licences, permits and authorizations: Cultivation, processing, sale(federal level), analytical testing, import/export and research will require federal licensing. 2. Security clearances: Personnel associated with licences issued by Health Canada will be required to hold a valid security clearance. 3. Cannabis tracking system: Cannabis will be tracked throughout the supply chain to prevent the diversion of cannabis into, and out of, the legal market. Packaging and labelling: Packaging and labelling requirements would promote informed consumer choice and allow for the safe handling and transportation of cannabis. Strict limits on the use of colours, graphics, and other special characteristics to reduce the appeal to youth are also proposed. 6. Cannabis for medical purposes: A distinct system for medical cannabis will be maintained to continue to provide patients with reasonable access to cannabis for medical purposes. 7. Health products and cosmetics containing cannabis: The use of cannabis -derived ingredients in cosmetics is currently prohibited but the regulations propose that cosmetics containing cannabis -derived ingredients would be subject to the provisions of the proposed Cannabis Act. 184*1 G! Legislative Framework Provincial Legislation On November 7, 2017 the Province announced that it will adopt a hybrid retail and distribution model. The Liquor and Gaming Authority and the Manitoba Liquor and Lotteries Corporation will play key roles in the sale and distribution of cannabis. Liquor, Gaming and Cannabis Authority The role and mandate of the Liquor and Gaming Authority (LGA) will be expanded to include cannabis. All retail cannabis stores will be required to apply to the LGA for a licence. As part of this licensing requirement, the LGA will ensure that the retail stores comply with all applicable municipal bylaws and zoning requirements, and that the applicant has obtained all required licences, permits and approvals. They will be responsible for licensing cannabis stores and distributors, and its inspectors would be responsible for compliance enforcement. The licence terms and conditions may include requirements pertaining to sales areas, storage facilities and security requirements. Licencing will also include criminal background checks of the applicant. Manitoba Liquor and Lotteries Corporation (MBLL) MBLL will be responsible for acquiring all cannabis for retail sale, and only cannabis sourced through them may be sold. To do so, they will: 1. work closely with licensed producers to coordinate production and delivery cycles consistent with demand; 2. offer secure, safe onsite storage and shipment of cannabis products: 3. be authorized to enter into agreements with licensed cannabis distributors; 4. assume responsibility for the administration of retail orders and procurement of supply; and ensure suppliers provide product in retail ready packaging. Bill 25: The Cannabis Harm Prevention Act Bill 25 amended several Acts to address health or safety concerns arising from the legalization of cannabis. The amended Acts included: 1. Part 1—The Child Sexual Exploitation and Human Trafficking Act: Cannabis is expressly stated to be a controlled substance. 2. Part 2 —The Drivers and Vehicles Act: Permits the registrar of motor vehicles to suspend the licence of a driver if the person receives a 24-hour roadside suspension for being under the influence of a drug. 3. Part 3 —The Highway Traffic Act: Creates restrictions on the transportation of cannabis in motorized vehicles and prohibits the consumption of cannabis in motorized vehicles. Also permits an officer to implement a 24-hour roadside suspension when the officer believes on reasonable grounds that the person is under the influence of a drug. 4. Part 4 —The Mental Health Act: Cannabis is expressly listed as an intoxicant and a prohibition on providing intoxicants to residents in a mental health facility still applies when cannabis is legalized. 5. Part 5 —The Non -Smokers Health Protection Act: Prohibits people from smoking cannabis in enclosed public places. 6. Part 6 —The Off -Road Vehicles Act: Creates similar transportation and consumption prohibitions for off-road vehicles. 7. Part 7 —The Public Schools Act: Cannabis is added to the list of prohibited products. Bill 25 received royal assent in June 2017. Parts 2, 3, 5, and 6 of the Act will come into force on a day to be fixed by proclamation. 5 254 Bi/i 11: The Safe and Responsible Retailing of Cannabis Act Bill 11 amends The Liquor and Gaming Control Act and The Manitoba Liquor and Lotteries Corporation Act to authorize and regulate the retail sale of cannabis in Manitoba. This Bill sets the framework for Manitoba's private retail model by legislating: 1. The Liquor and Gaming Authority of Manitoba to be renamed the Liquor, Gaming and Cannabis Authority of Manitoba which will now be responsible for licensing cannabis stores and cannabis distributors. sell cannabis that has been grown by federally authorized producers. 3. The Manitoba Liquor and Lotteries Corporation (MLCC) will acquire cannabis for resale. All cannabis sold in cannabis retail stores must been purchased from MLCC. 4. A municipality may hold a plebiscite to prohibit the sale of cannabis from a cannabis store in the municipality. The plebiscite may be held before January 1, 2022 on a date specified by council. 2. Cannabis may only be sold by a person who holds Bill 11 was given First Reading December 5, 2017 a retail licence. The holder of a retail license must and will come into force on a day to be fixed by ensure that the operation does not contravene proclamation. a municipal by-law. Cannabis stores may only 6 255 Municipal Considerations Municipalities have the authority to regulate land use and businesses through their zoning bylaws. The following is a checklist of planning and siting criteria for proponents and municipalities to consider when determining the siting of a cannabis -related facility. item. A public hearing is required to consider a zoning bylaw amendment or conditional use application. However, given that retail outlets in 15 to 20 of the 137 municipalities could service 90 per cent of the provincial population, municipalities may want to wait until they get an actual retail proposal before On the following pages, zoning bylaw options are determining how they choose to amend their zoning provided for cannabis retail stores each checklist bylaw. Municipal Considerations Municipal zoning bylaws should include definitions that are synonymous with the proposed federal and provincial legislation. Not all of the following terms will be necessary for a zoning bylaw but explain common terms for the various types of cannabis - related facilities. Zoning For Retail Cannabis Stores The following are some options for municipalities to consider when for zoning for retail cannabis stores. While it is difficult to predict the number of indoor like any other industrial uses in the local zoning bylaw. Security considerations and the like for such uses will be considered as part of the federal licensing process cultivation of cannabis and cannabis warehousing and for cannabis cultivation operations and as part of the distribution facilities establishing in Manitoba, the Department recommends that these uses be treated Siting Oj provincial licensing process for cannabis warehousing facilities. P491:3 Buffering Hours of Operation Zoning For Retail Cannabis Stores N&I 10 Zoning For Retail Cannabis Stores Signs and lighting Parking 260 Appendices pz. Appendix A: Provincial Retail Models The provinces and territories are required to implement a cannabis retail and distribution model by July 1, 2018. There are essentially two retail model options including: 1. Public model: A public model would involve government operated stores analogous to the way alcohol is currently sold and distributed in most provinces. Cannabis products would be sold in stand-alone retail outlets apart from current liquor outlets. 2. Private model: A private model would permit businesses licensed by the provincial government to operate as cannabis retail stores. The provincial government would establish a licensing, compliance, inspection and enforcement program. All provinces and territories have undertaken public consultations. As shown in Table 2, some jurisdictions are proceeding with a public retail model (including Ontario, Quebec, New Brunswick and the Yukon), some with the private retail model (including Alberta, Manitoba and Newfoundland Labrador), and the remaining provinces and territories are unknown at this time. Table 2. Provincial cannabis retail models. Location Retail Model Public—T—p—rivate I Unknown British Columbia V Alberta Saskatchewan � V Manitoba Ontario V Quebec N/ New Brunswick ! V Nova Scotia N/ Prince Edward Island V Newfoundland Labrador N/ Yukon V Northwest Territories N/ Nunavu# V 13 262 1' Will Provincial Planning be providing advice to planning districts and municipalities regarding how to interpret their zoning bylaws? Yes. Municipal Relations Community and Regional Planning Branch iaalways available to provide municipalities with zoning bylaw assistance. The branch iacurrently developing guidelines for municipalities with respect tocannabis zoning that will circulated tomunicipalities through the AMM in the coming weeks. 2' Is there a local say inwhether production, in federally licenced facilities, is subject bolocal approval processes? 4 Health Canada licences producers. Producers must comply with provincial and municipal bylaws aapart ofHC's licencing process, aothere is opportunity for local input via bylaws, zoning, and permitting processes. Information about HC's process iafound online here: 3' 0ofederally licenced facilities need bobe constructed under local building permit, ex: local building bylaw and Manitoba Building Code or are they inspected by some other authority? It may be the MBOAnni|| bp/is discussing this with the CIFC? Licensed facilities are subject to local building permit requirements, including inspections. HC's Appendix w FA �~ requirements can befound here: health-products/me ical-use-marijuanallicensed- .Detai|aofvvhattoexpeot federally can befound here: and also here: Lr Will retail facilities include only sales, or will they provide facilities for consumption inarestaurant style setting? The current Request for Proposals addresses storefront and online sales only. Consumption cafes, if considered in the future, would be handled through a separate process and ata later date when demand iamore fully understood or begins tomature. |tiaexpected that municipalities will play role in this process. S. How should indoor and outdoor cannabis cultivation be addressed inthe municipal zoning |twill benecessary todifferentiate between indoor and outdoor cannabis cultivation. Outdoor cultivation may betreated aaanagricultural use. The provisions ofthe agricultural zone would apply. Specialized agricultural operations, such aa greenhouses, may include cannabis cultivation. However, the Manitoba climate may make a greenhouse cannabis operation cost prohibitive. Indoor cultivation may betreated aaanindustrial use. Indoor cultivation may be a permitted or conditional inone, some orall industrial zones. 14 Appendix C: Jurisdictional Review Canada Some Canadian municipalities have updated their best for their municipality: cannabis -related uses zoning bylaws in anticipation of the legalization of cannabis, as well as to accommodate legal medical cannabis operations. The various municipalities have taken different approaches to achieve the result 15 permitted within existing zones; as a new defined use with specific provisions; or as a site-specific zoning bylaw amendment. v c N T 02 cto v O N -6 v N YC — Vt c N C (0 - c V s L E - sa O c O N o v V v v cCc) v 3 v v c s u ° COL v o a I o Q c f0 m v U c v L � o ,� v O' N M w N Up = � to N 7� N� V � N � N N O 3 E o o L c O _ _6 O _6 in -O N 7 c v a c� v'� �� v'� v m� �� o.� v v C o s v> o v o °c m° m m CO y D v V, °; °v; ¢ a O --a U a CO n . . . n°' . . . . . . . . . . 3 v m to ucp > o E s c v N CO o v v Z O Z Z O Z 0 Z QU m 3 C a _0 Et = c to 5 o� v m .en U 3 � V) t o O • • J Z 0 E Q E Q O 00 M 00 Z z z Z N OJ 3 z Z z Z z Z 00 00 t N n > > > Q O Z 'o 'o 0) v c c C N O N (0 (0 p N 3 v 0 V; v N p i N p 7 or) c c 0 c O_ E • m 0 O 0 w 0 N V V N 0 V O c V i 0 N 0 f0 0 N N O 10 N V + i V 7 c O Q c\ E to en t- E E E E E E v V a a m E 7 '� 7 E E E v c E v c v v .� N O d V N O d V O N O d V O • • D -O N d .E O D N N M d N 21 > 21 > 21 > 21 > 21 > 21 > 2 > Z c -6 f0 � Vt Vt Vt Vt E V c c c c f0 Vii N VOi 7 C N 0 U V O NV U V O V U V O V U V O V =pc c V 7 U V 7 V 7 U V 7 U i Q U �n O- N O N O N O N O v > -2 v o oo o �_ a v > U U C D U C m m T o 0 0 ° o 0 O O O c L m O E O O fo N ro Y > CO Z m V) m w Q U c O O c O v c U O Appendix C: Jurisdictional Review United States The use, possession, sale, cultivation and transportation of cannabis is illegal under federal law in the United States but states are permitted to pass laws to decriminalize cannabis for recreational or medical use. A number of states have fully Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington. The majority of the remaining states have legalized some forms of medical marijuana and/or decriminalized possession laws. Recreational and medical marijuana are still legalized recreational and medical cannabis, including illegal in three states. IA:199 16 0 7 7 7 Vt 7 01 m@0 V S S f0 O) m v v E 'V % C U 00 Q U Q N ;� ;� C v w V 0 V V .0 V N N N N M — N = O O 0 i 01 C N C LJLJ s O Q -pain co� N N °' v 01 K Q vOi O O O E m N 7— N D K 7 E 2 ' !0 O m m a m 'Tto L N vi T C C V C C c0 0 O O O O N 00 C U N N o E i 01 to U N L 7 3 v u .E 00 w m E 6 f0 Co o o c 0 0 o E C to L O 3 v .� Q m v° v en -° Q Z v u U V O) C V 00 '� O) °- N E �T c0 -O N C v C V Q m i+ v E ° i U E 3 C °c �° �_ Q m E c E0 o E 5 C O ° O ° e0 • 0 L -O N n n 00 01 ' E 01 E C O N_ N Q N_ Q o 3 E E a 2 z E a E E E U O '� a v N ° 00 ° v v o o v v o V Q Q V;06 O) C O) V O) O) f0 C E E 00 o v Q) O C O) C a o °° 3 v '� v O o f0 C o° -° °N a_ f0 C E N a° N V O) 00 C C O) N '� f0 °N '� f0 f0 0 VI ° 0 0 O N i f0 f0 i 7 .f0 i f0 °' 7 i VI i N N V o N O N i � C N i .0 �_ � E E 7 E 7 E Q E 7 7 N 'E N Q E 7 0 E 7 in E E E '6 01 O '6 E 01 O in E -O O — 01 C 01 C -O 'O 'O C 'O 01 vi O C 01 N 01 O E 01 O a V .� a .� V Q V .� Q O 7 N c0 a .� -M a .� V .� a V > > > > > ° ° to to m m o v o v '� ° c C° 10 `V° m c w m t° m° 3 ° — > a C 'm - v C '� m° E E o ° °°° o v ' .� D E°° E V° E E V E ° V° V° V m c ° 0° o `m o a o '� a O 0i 'm - V O `m = V a m N O 0) 2 E v C 2 0 0i — C O v p a o E a �° Co T C � � O O U O 7 V > U C O C O 01 E @ .E O C M C 0 O 0 C > O c o 3 ° m > oa E a o ° o v° m 0i °° 0, D U cn U m U Z m 0 Y IA:199 16 COMMUNITY and REGIONAL Churchill PLANNING BRANCH OFFICES c ...... ....... 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VVEal[,� ----------------- �:Yldosa paulf selour lorla� a prairie s� Wallace Woodmi Ili Rivei dale lon N 11 Cypress 1. �,, ,,,4 f o i d i �c jI, P aul, irl o Lir i.. Vi r den ---- ------ �6 ----------- -- IS oilh Noifolk rig Po Vin r.,,,�i field age 1. a �i I I a i I CW�,)erlry iAftlehead Birandon .......... ........... ........ I -le ey Pi��.wsbne Siflon ..................... ------- Glenbolo soifflS Noifolk 'reheme e A r, r,,� Ic oriald Reynolds "'y"""s G lanvvix.)d Oakland- SOU111 CYPMs Vic a jc�h ............... ive� v S le, I A - --------..------- ........ ........ \�iawanesa ---- --------------- ---------- - ...................... ...... ....... I ........... ................ .......... . ......... b1l' ." S, t e i ri uf " I-liame Lakes o I I e rA -, i� }ly`11 Mol I Han 1. a Iwo Bol del s G i assia lid hoil nd i�da.�Ck.a ovel Bro gyle quei e................. I ORI EN I Pa h�,Rhineland Mor,t'STEINBACHim" 4,CH NBACHBoiss co ou a) vain., rt . mo,�On K i I la 1 i1ey Peiribilia OvIrwei n t, calm Sluailbuin Piney L . Y ou, ou fle MOU�nlain Carlwlighl 11 )" 1 Slaniey 0 Alicia anklin Roblin 266 Appendix D: Community and Regional Planning (CRP) Offices Beausejour Portage Box 50, L01-20 First Street 1-2210 Saskatchewan Ave W Beausejour MB ROE OCO Portage la Prairie MB R1N 0X1 Phone: 204-268-6058 Phone: 204-239-3348 Brandon Selkirk (Interlake) 1B-2010 Currie Boulevard 103-235 Eaton Avenue Brandon MB R7B 4E7 Selkirk MB R1A OW7 Phone : 204-726-6267 Phone: 204-785-5090 Dauphin Steinbach 27 -2nd Avenue S.W. 240-323 Main Street Dauphin MB R7N 3E5 Steinbach MB R5G 1Z2 Phone: 204-622-2115 Phone: 204-346-6240 Morden Thompson Box 50075 604-800 Portage Avenue 536 Stephen St, Unit A Winnipeg MB R3G ON4 Morden MB R6M 1T7 Phone: 204-945-4988 Phone: 204-822-2840 rm KIM Manitoba Municipal Relations Community and Regional Planning manitoba.ca January 2o18 PROPOSED AMENDMENT TO THE ZONING BY-LAW OF THE CITY OF SAINT J.., Page I of I e SAINT JOHN PROPOSED AMENDMENT TO THE ZONING IBY-IL AW OF "rill -IE CITY OF SAS NT.301HN PUBLIC HEARING PIROPOSE11) AMEND94EN"r "ro nHIE ZONING IBY-ILAWOIFTIHECII'YOIFSMINT IOII-IN Public Notice is hereby given that the Common Council of Fhe City of Saint.John intends to consider amending The Zoning By -.law of The City of Saint John (By law Number C.P. 111) at its regular meeting to be held in the Council (,.harnber on Monday, April 9, 20:18 at 620 p.m. The amendment affects a number of sections of the Zoning fly -.lays in order to add Cannabis Retail to the list of permitted uses in select commercial zones and Introduce specific development standards for these facilities. Also, a Cannabis Processing Facility will be added to the list of: permitted uses in select commercial and Industrial zones. The current definition of a Medical Marijuana Production Facility is proposed to be amended to a Cannabis Production Facility that would cover the production of cannabis for both medical and recreational consumption. rhe amendment also includes replacing existing definitions with new definitions to provide clarity with respect to the interpretation of these land uses. The Proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.rn,, Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. IT you require French services for a Common Council meeting, please contact fire office of the Common Clerk. 'the Proposed Zoning By law amendrnent may be read by section number only if no member of Council objects. Members of the public may address the Committee at the meeting or submit comments in writing no later than Friday, April IS by mail addressed to the Planning Advisory Committee, City of Saint John Growth and Community Development Services, P.O. Box 1971, Saint .John, NB E21._ 4f.1, or by e-rriail at OneStop@saintjohn.ca, or by fax at 658.2837, Jonathan Taylor, Common Clerk 658.2862 Media Inquiries Corporate Communications City of Saint John 11th floor, City Fiall (506) 649-6008 corrirriunications@sainfjohn.ca 269 http://www.sai t.ohn.ca/en/home/Ciews/publicnotices/community-planning/proposed-aine... 21/03/2018 By-lawThe amendment affects a number of sections of the Zoning Cannabis zones.Retail to the list of permitted uses in select commercial zones and introduce specific development standards for these facilities. Also, a Cannabis Processing Facility will be added to the list of permitted uses in select commercial and industrial Medical Marijuana Production Facility is proposed to be amended to a Cannabis Facility that would cover the production of cannabis for both medical and recreational consumption. The amendment also includes replacing existing definitions with new definitions to provide clarity with respect to the interpretation of these land uses. The proposed amendment may be inspected by any interested person at the office of the Common Clerks or in the office of Growth and Community Development Services, City Hall, 1 Market Square, Saint John, N.B. between the hours of 6;30 am. 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. If you require French services for e Common Council meetings please contact the office of the Common Clerk. The proposed Zoning By-law amendment may be read by section number only if no member of Council objects, Members of the public may address the Committee at the meeting or submit comments in writing no later than Friday, April 15 by mail addressed to the Planning Advisory Committee, NB E2L 41-1, or by e-mail at OneStop@saintjohn.ca, or by fax at 658.2837. Jonathan Taylor, Common Clerk 655,2562 f8XL�7 Par les "e, , un avis public est donne par lequel le conseil communal de The City Saint John a l'intention de modifier I'ArrW de zonage de The City of Saint John (arrCR6 a11seance ordinaire qui aura lieu dans la salle du conseill le lun installation de vente au detail du cannabis 6 la liste des usages permis dans certaines zones des installations de traitement du cannabis seront ajout6es 6 la liste des usages permis de certaines zones Square,production du cannabis; la definition couvrirait alors la production du cannabis A des fins de communal ou au bureau du Service de la croissance et du d6veloppement communautaire 6 I'h6tel de ville situ6 au 15, Market Veuillez faire part de vias objections au pr j t de modification par 6crit 6 ['attention du soussigne I@h&t l de vIII o Si vous exigez des services en frangais pour une reunion du conseil communal, veuillez communiquer avec le bureau du greffier communal. Le projet de modification de I'Arr&6 de zonage peut faire a d'urbanisme, la Ville de Saint John, Service de la croissance et du d6veloppement communautaire, C. P. 1971, Saint John (Nouveau -Brunswick) E2L 41-11, a Jonathan w 658-2862 271 pIrm PROPOSED AMENDMENT TO THE ZONING BY-LAW OF THE CITY OF SAINT J.., Page I of I e SAINT JOHN PROPOSED AMENDMENT TO THE ZONING IBY-IL AW OF "rill -IE CITY OF SAS NT.301HN PUBLIC HEARING PIROPOSE11) AMEND94EN"r "ro nHIE ZONING IBY-ILAWOIFTIHECII'YOIFSMINT IOII-IN Public Notice is hereby given that the Common Council of Fhe City of Saint.John intends to consider amending The Zoning By -.law of The City of Saint John (By law Number C.P. 111) at its regular meeting to be held in the Council (,.harnber on Monday, April 9, 20:18 at 620 p.m. The amendment affects a number of sections of the Zoning fly -.lays in order to add Cannabis Retail to the list of permitted uses in select commercial zones and Introduce specific development standards for these facilities. Also, a Cannabis Processing Facility will be added to the list of: permitted uses in select commercial and Industrial zones. The current definition of a Medical Marijuana Production Facility is proposed to be amended to a Cannabis Production Facility that would cover the production of cannabis for both medical and recreational consumption. rhe amendment also includes replacing existing definitions with new definitions to provide clarity with respect to the interpretation of these land uses. The Proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.rn,, Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. IT you require French services for a Common Council meeting, please contact fire office of the Common Clerk. 'the Proposed Zoning By law amendrnent may be read by section number only if no member of Council objects. Members of the public may address the Committee at the meeting or submit comments in writing no later than Friday, April IS by mail addressed to the Planning Advisory Committee, City of Saint John Growth and Community Development Services, P.O. Box 1971, Saint .John, NB E21._ 4f.1, or by e-rriail at OneStop@saintjohn.ca, or by fax at 658.2837, Jonathan Taylor, Common Clerk 658.2862 Media Inquiries Corporate Communications City of Saint John 11th floor, City Fiall (506) 649-6008 corrirriunications@sainfjohn.ca 273 http://www.sai t.ohn.ca/en/home/Ciews/publicnotices/community-planning/proposed-aine... 21/03/2018 By-lawThe amendment affects a number of sections of the Zoning Cannabis zones.Retail to the list of permitted uses in select commercial zones and introduce specific development standards for these facilities. Also, a Cannabis Processing Facility will be added to the list of permitted uses in select commercial and industrial Medical Marijuana Production Facility is proposed to be amended to a Cannabis Facility that would cover the production of cannabis for both medical and recreational consumption. The amendment also includes replacing existing definitions with new definitions to provide clarity with respect to the interpretation of these land uses. The proposed amendment may be inspected by any interested person at the office of the Common Clerks or in the office of Growth and Community Development Services, City Hall, 1 Market Square, Saint John, N.B. between the hours of 6;30 am. 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. If you require French services for e Common Council meetings please contact the office of the Common Clerk. The proposed Zoning By-law amendment may be read by section number only if no member of Council objects, Members of the public may address the Committee at the meeting or submit comments in writing no later than Friday, April 15 by mail addressed to the Planning Advisory Committee, NB E2L 41-1, or by e-mail at OneStop@saintjohn.ca, or by fax at 658.2837. Jonathan Taylor, Common Clerk 655,2562 1►XLI Par les "e, , un avis public est donne par lequel le conseil communal de The City Saint John a l'intention de modifier I'ArrW de zonage de The City of Saint John (arrCR6 a11seance ordinaire qui aura lieu dans la salle du conseill le lun installation de vente au detail du cannabis 6 la liste des usages permis dans certaines zones des installations de traitement du cannabis seront ajout6es 6 la liste des usages permis de certaines zones Square,production du cannabis; la definition couvrirait alors la production du cannabis A des fins de communal ou au bureau du Service de la croissance et du d6veloppement communautaire 6 I'h6tel de ville situ6 au 15, Market Veuillez faire part de vias objections au pr j t de modification par 6crit 6 ['attention du soussigne I@h&t l de vIII o Si vous exigez des services en frangais pour une reunion du conseil communal, veuillez communiquer avec le bureau du greffier communal. Le projet de modification de I'Arr&6 de zonage peut faire a d'urbanisme, la Ville de Saint John, Service de la croissance et du d6veloppement communautaire, C. P. 1971, Saint John (Nouveau -Brunswick) E2L 41-11, a Jonathan w 658-2862 PAW PIM -1 BY-LAW NUMBER C.P. 111- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 111- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Le conseil communal de The City John in Common Council convened, as of Saint John &dicte cc qui suit follows: The Zoning By-law of The City of Saint John enacted on the fifteenth day of December, A.D. 2014, is hereby amended as follows: 1. Section 3.1 is amended by deleting the definitions for "agricultural use", "farmers market", "forestry use", "garden centre", "health services laboratory", "light industrial use", "regional commercial centre", "research and development facility", "retail convenience", "retail general", "retail warehouse" and "special industrial use" and replacing them with the following: "agricultural use" means the cultivation of the soil to produce a crop, or the raising of a domestic animal, including, but not limited to, the growing of a crop, an agro- forestry operation, garden, greenhouse, maple syrup production, nursery, orchard, or vineyard, or the keeping and raising of bees, fish, fowl, livestock, or fur or wool bearing animals, but does not include a cannabis production facility. (usage agricole) "farmers market" means an establishment where local farm products, which may also include other foods, beverages, or arts and crafts, are sold to the public by a group of retailers from within a building or outside of a building, but does not include cannabis retail use. (march& fernier) "forestry use" means any use of land, building, or structure, where timber resources of any cumulative ground area are cultivated, managed, or harvested, but does not include manufacturing or processing of such products, or a cannabis production facility; (usage forestier) "garden centre" means any use of land, building, or structure for the display and sale of plants, gardening, or landscaping equipment or supplies, but does not include a cannabis production facility or cannabis retail use. (centre jardinier) "health services laboratory" means an establishment where bio -medical samples L'Arrete de zonage de The City of Saint John, edicte le 15 d&cembre 2014, est ainsi modifi& : 1. L'article 3.1 est modifie par suppression des definitions de « centre commercial regional », « centre jardinier », d&panneur », « entrepot de vente au detail », « installation de recherche et de d&veloppement », « laboratoire de services de sante », « march& fermier », « usage agricole », « usage d'industrie 16g6re », usage forestier », « usage industriel particulier » et « vente au d&tail g&n&rale » et leur remplacement par cc qui suit : centre commercial r&gional » Lot ou complexe commercial comportant un ou plusieurs batiments commerciaux ayant une aire de plancher brute totale minimale de 3 000 metres carr&s et ou sont exerc&s un ou plusieurs des usages suivants, destin&s a r&pondre aux besoins en mati&re d'achats dans la r&gion de Saint John: studio d'artiste ou d'artisan, boulangerie, bar, salon -bar ou boite de nuit, bureau d'affaires, vente au detail du cannabis, divertissement a des fins commerciales, centre communautaire, bureau de police communautaire, garderie, institution financi&re, salon fun&raire, &picerie, centre de sant& et de conditionnement physique, biblioth&que, clinique m&dicale, boutique de services personnels, studio de toilettage d'animaux familiers, bacs de recyclage, restaurant, vente au d&tail g&n&rale, entrepot de vente au d&tail, entreprise de service et de reparation d'articles m&nagers, &cole de formation technique ou professionnelle et clinique v&t&rinaire. (regional commercial centre) centre jardinier» Vise l'usage d'un terrain, d'un batiment ou d'une construction pour 1'exposition et la verve de plantes ou d'&quipement et de fournitures de jardinage ou d'am&nagement paysager, mais ne vise pas les installations de production du cannabis ou les usages de vente au d&tail du cannabis. (garden center) d&panneur » Etablissement ou sont offerts are tested, medical research is conducted, or medical and or dental aids, devices, or prostheses are serviced, but does not include a cannabis processing facility or a cannabis production facility. (laboratoire de services de sante) "light industrial use" means any use of land, building, or structure, involving a manufacturing process whether or not a finished article is produced, and may include the repairing and or servicing of a vehicle, machinery, or building where the manufacturing process occurs or the material is used or stored, and the transportation of material, goods, or commodities to and from the premises that will not cause injury to or prejudicially affect the amenity of the locality by reason of the following restrictions: (a) Water usage being restricted to employee washrooms, indirect cooling and pressure testing of equipment, cleaning of vehicles and or equipment, and similar uses ancillary to the manufacturing process; (b) No effluent discharge or contaminant which may contribute to the biological, chemical, physical, or aesthetic pollution of land, water, and or air; and (c) No manufacturing processes or activities, other than outdoor storage, parking, and loading, shall take place outside of a building. A cannabis production facility is not included. (usage d'industrie legere) "regional commercial centre" means a lot or commercial group containing one or more commercial buildings having a total gross floor area of 3,000 square metres or more which contains one or more of the following uses intended to serve the shopping needs of the Saint John region: Artist or Craftsperson Studio, Bakery, Bar, Lounge, or Nightclub, Business Office, Cannabis Retail, Commercial Entertainment, Community Centre, Community Policing Office, Day Care Centre, Financial Services, Funeral Services, Grocery Store, Health and Fitness Facility, Library, Medical Clinic, Personal Service, Pet Grooming, Recycling Bins, Restaurant, Retail General, Retail Warehouse, Service and Repair, Household, Technical or Vocational School, or Veterinary Clinic. (centre commercial regional) en vente chaque jour aux r&sidants ou aux employes d'une localit& au prix de detail ou de gros des biens, articles, marchandises, substances, produits ou choses diverses, y compris notamment des confiseries, des provisions, de la quincaillerie, des boissons non alcoolis&es, des articles de soins personnels, des medicaments, des imprim&s et du tabac, mais ne vise pas les usages de vente au detail du cannabis. (retail convenience use) entrepot de vente au detail » Etablissement ou point de vente grossiste- Utaillant ou sont vendus au public des biens pour lesquels une grande superficie d'exposition est requise, tels que, notamment, des mat&riaux de construction, des meubles ou des gros appareils &lectrom&nagers, mais ne vise pas les usages de vente au detail du cannabis. (retail warehouse) installation de recherche et de d&veloppement » Etablissement ou sont effectu&s des recherches, des etudes, des essais ou des experiences scientifiques a 1'int6rieur d'un batiment en vue du developpement de technologic de l'information de pointe ou de prototypes ou de fabrication de produits de technologic de pointe et pouvant comporter de nombreux usages secondaires lies a 1'6tablissement, tels que, notamment, des salles de conference, des services de restauration, de sante et de biers -etre, des laboratoires, des salles de reunion, des services d'imprimerie, des services professionnels ou juridiques, des services de consultation technique, des installations de formation ou d'autres installations similaires, mais ne vise pas les installations de production du cannabis. (research and development facility) laboratoire de services de sante » Etablissement ou se fait 1'analyse d'&chantillons biom&dicaux, la recherche m&dicale ou 1'entretien de protheses, de dispositifs ou d'appareils m&dicaux ou dentaires, mais ne vise pas les installations de transformation du cannabis et les installations de production du cannabis. (health services laboratory) march& fermier » Etablissement ou sont vendus au public par un groupe de d&taillants a 1'int6rieur ou a 1'ext6rieur d'un batiment des produits agricoles locaux et ou peuvent aussi etre vendus d'autres produits alimentaires ou boissons ainsi que des ccuvres d'art et de 1'artisanat, mais ou "research and development facility" means an establishment, where scientific research, investigation, testing, or experimentation takes place within a building for the development of advanced information technology, prototypes, or manufacturing of advanced technology products, and includes a wide variety of secondary uses relating to the operation such as, but not limited to, conference facility, food service, health and wellness, laboratory, meeting facility, printing service, professional and or legal service, technical consulting, training facility, or other similar facilities, but does not include a cannabis production facility. (installation de recherche et de developpement) "retail convenience" means an establishment where goods, wares, merchandise, substances, articles, or things are offered for sale to local area residents or employees on a daily basis at retail or wholesale value including, but not limited to, confectionery, groceries, hardware, non- alcoholic beverages, personal care items, pharmaceutical, printed material, or tobacco, but does not include cannabis retail use. (Xpanneur) "retail general" means the sale of goods, wares, merchandise, substances, articles, or things to the public and may include the accessory storage and servicing of such items, but does not include cannabis retail use. (vente au detail generale) "retail warehouse" means an establishment where goods requiring a large display floor area are sold to the public such as, but not limited to, building material, furniture, major appliances, or wholesale retail outlets, but does not include cannabis retail use. (entrepot de vente au detail) "special industrial use" means an industrial use, principally for one or more of the following: (a) The manufacture or assembly of products using innovative or advanced technology where substantial value is created or added to the product through the process of its manufacture or assembly; (b) Research and development uses where innovative or advanced technologies are employed; and (c) Any indoor display office, technical, administrative or employee support area, or the storage, shipment, or distribution of the ne se fait pas la vente au detail du cannabis. (fanners market) usage agricole » S'entend du travail du sol en vue de produire une recolte et de 1'e1evage d'animaux domestiques; sont notamment vises la culture de produits agricoles, les activites agroforestieres, les jardins, les serres, les productions de sucre d'erable, les pepinieres, les vergers, les vignes, 1'apiculture, la pisciculture, 1'aviculture et 1'e1evage de betail et d'animaux a fourrure on a laine, mais ne vise pas les installations de production du cannabis. (agricultural use) usage d'industrie legere » Usage de terrains, de batiments ou de constructions ayant recours a un procede de fabrication, pen importe qu'un article fini soit produit ou non, et pouvant comprendre la reparation on 1'entretien de vehicules, de machines ou de batiments, ou ont lieu le procede de fabrication on l'utilisation on 1'entreposage du materiel, ainsi que le transport, jusqu'aux lieux et a partir de ceux-ci, de materiaux, de biens ou de produits, qui n'occasionne pas de dommages et ne porte pas prejudice a 1'agrement de la localite, etant exerce dans les respect des conditions suivantes : a) l'utilisation de 1'eau est limitee aux usages accessoires an procede de fabrication, notamment 1'alimentation en eau des toilettes des employes, le refroidissement indirect, les essais de mise en pression d'equipement et le nettoyage de vehicules et d'equipement; b) it n'y a pas de rejet d'effluents on de contaminants susceptibles de contribuer a la pollution biologique, chimique, physique ou esthetique du sol, de Peau on de fair; c) aucun procede de fabrication ni aucune activite manufacturiere, sauf 1'entreposage en plein air, le stationnement et le chargement, n'ont lieu a 1'exterieur d'un batiment. Ne vise pas les installations de production du cannabis. (light industrial use) usage forestier» Vise l'usage d'un terrain, d'un batiment on d'une construction a des fins de culture, de gestion ou de recolte des ressources ligneuses de tout agregat de terrains, mais ne vise pas la fabrication et la transformation de ces ressources et les installations de production du cannabis. product, shall be considered accessory to any Special Industrial Use, but does not include industrial uses that process raw or petrochemical materials. A cannabis production facility and a cannabis processing facility are not included. (usage industriel particulier) 2. Section 3.1 is amended by deleting the definition for "medical marijuana production facility" (forestry use) usage industriel particulier » Usage industriel servant principalement a une ou plusieurs des fins suivantes : a) la fabrication ou 1'assemblage de produits ayant recours a des technologies innovatrices ou a des technologies de pointe entramant la creation d'une valeur considerable ou 1'ajout d'une valeur considerable a ces produits; b) les usages de recherche et de developpement avant recours a des technologies innovatrices ou a des technologies de pointe. c) Les bureaux d'exposition interieurs, les aires de soutien technique ou administratif ou de soutien a 1'employe, ou 1'entreposage, le transport ou la distribution des produits soot reputes accessoires a tout usage industriel particulier. Ne soot pas vises les usages industriels visant la transformation de matieres premieres ou de produits petrochimiques. Sont exclues les installations de production du cannabis et les installations de transformation du cannabis. (special industrial use) vente au detail generale » La vente de biens, d'articles, de marchandises, de substances, de produits ou de choses diverses au public, et peut viser leer entreposage accessoire et leur entretien, mais ne vise pas les usages de vente au detail du cannabis. (retail general) 2. L'article 3.1 est modifie par suppression de la definition d'« installation de production de marihuana therapeutique ». 3. Section 3.1 is amended by adding 3. L'article 3.1 est modifie par the following definitions: insertion des definitions suivantes : "cannabis" means cannabis as defined by the Government of Canada, pursuant to the Cannabis Act. (cannabis) "cannabis processing facility" means any use of land, building, or structure involving: (a) the processing of raw Cannabis materials; cannabis » S'entend au sens defini par le Gouvernement du Canada dans la Loi sur le cannabis. (cannabis) installation de production du cannabis » Installation ou lieu titulaire d'une licence delivree par le Gouvernement du Canada en vertu de la Loi sur le cannabis 1'autorisant a cultiver, a produire, a analyser, a detruire, a entreposer ou a distribuer le cannabis, mais ne vise pas les (b) the making, testing, manufacturing, assembling or in any way altering the chemical or physical properties of semi- finished or finished goods and products involving cannabis; or (c) the storage or transhipping of materials, goods and products. A cannabis processing facility includes, but is not limited to the laboratory testing, extraction and purification of cannabinoids; research and development and the production of pharmaceutical -like products. (installation de transformation du cannabis) "cannabis production facility" means a facility or premises licensed by the Government of Canada pursuant to the Cannabis Act for growing, producing, testing, destroying, storing, or distributing cannabis, but does not include cannabis retail use. (installation de production du cannabis) "cannabis retail" means the sale of cannabis or cannabis related products to the general public. (vente au detail du cannabis) 4. Subsection 4.2(b) is amended by deleting the following words under the following headings: Use Minimum Number of Required Parking Spaces Medical 1 per 200 square metres Marijuana for the first 2,000 square Production metres plus 1 per 500 Facility square metres of additional floor area 5. Subsection 4.2(b) is amended by adding the following words under the following headings: Use Minimum Number of Required Parking Spaces Cannabis 1 per 50 square metres Processing Facility usages de vente au detail du cannabis. (cannabis production facility) installation de transformation du cannabis » Terrains, batiments ou constructions servant, selon le cas : a) a la transformation du cannabis brut; b) a la creation, a Fanalyse, a la fabrication, a Fassemblage ou a la modification de quelque maniere que cc soit des caracteristiques chimiques ou physiques de biens et de produits semi -finis ou finis contenant du cannabis; C) a 1'entreposage ou au transbordement de matieres, de biens et de produits. Y soot notamment effectues 1'analyse en laboratoire, 1'extraction et la purification de cannabinoides, la recherche et le developpement ainsi que la production de produits assimiles aux produits pharmaceutiques. (cannabis processing facility) vente au detail du cannabis » La vente au grand public de cannabis ou de produits lies. (cannabis retail) 4. Le paragraphe 4.2b) est modifie par suppression des mots suivants sous les titres suivants : Usage Nombre minimal d'emplacements de stationnement obligatoires Installation un par 200 metres carres, de plus un par 500 metres production carres au -dela de de 2 000 metres carres marihuana therapeutiq ue 5. Le paragraphe 4.2b) est modifie par adjonction des mots suivants sous les titres suivants : Usage Nombre minimal d'emplacements de stationnement obligatoires Installation un par 50 metres carres de transformat Cannabis 1 per 200 square metres Production for the first 2,000 square Facility metres plus 1 per 500 square metres of additional floor area Cannabis less than 5,000 square Retail metres: 1 per 30 square metres greater than 5,000 square metres: 1 per 25 square metres ion du cannabis Installation un par 200 metres carr&s, de plus un par 500 metres production carr&s au -dela de du cannabis 2 000 metres carr&s Vente au moires de 5 000 metres detail du carr&s : cannabis un par 30 metres carr&s plus de 5 000 metres carr&s : un par 25 metres carr&s 6. Section 9.20 Medical Marijuana 6. L'article 9.20 Installations de Production Facilities is repealed. production de marihuana th&rapeutique est supprim&. 7. The following section is added 7. L'article qui suit est ins&r& immediately following section 9.19: imm&diatement apr&s Particle 9.19: 9.20 Cannabis Production Facilities Where permitted by this by-law, a cannabis production facility is subject to the following requirements: (a) all functions associated with a cannabis production facility shall be conducted within a completely enclosed building; (b) no lot containing a cannabis production facility shall be permitted within 150 in of any residential zone or a lot containing an existing public or private school measured to the property line; and (c) no outdoor storage associated with a cannabis production facility is permitted. 9.20 Installations de production du cannabis La ou le present arret& les permet, les installations de production du cannabis soot subordonn&es aux conditions suivantes : a) toutes les activit&s rattach&es a l'installation de production du cannabis soot exerc&es a 1'int6rieur d'un batiment compl&tement ferm&; b) it est interdit d'am&nager une installation de production du cannabis a moires de 150 in d'une zone r&sidentielle ou d'un lot sur lequel se trouve une &cole publique ou priv&e existante, distance mesur&e a partir de la limite de propri&t&; c) 1'entreposage a fair libre rattach& a une installation de production du cannabis est interdit. 8. The following section is added 8. L'article suivant est insere immediately following section 9.20: immediatement apres Particle 9.20: 9.21 Cannabis Retail Where permitted by this by-law, cannabis retail is subject to the following requirements: (a) a lot being used for cannabis retail shall be at least 300 in away from any lot containing a school (K-8) or school (9-12) measured to the property line; and 9.21 Vente au detail du cannabis La ou le present arret& la permet, la vente au detail du cannabis est subordonn&e aux conditions suivantes : a) la vente au detail du cannabis est interdite sur un lot situ& a moires de 300 in d'un lot sur lequel se trouve une &cole (maternelle a la huitieme ann&e) ou une &cole (neuvi&me a la douzi&me ann&e), (b) a lot being used for cannabis retail shall be at least 1000 in away from another lot also being used for cannabis retail measured to the property line. 9. Section 11 is amended by adding to Table 11-1 the following words under the following headings: Use Zone Permitted Cannabis CRC CBP CR Processing Facility Cannabis CU CRC CC CR CG Retail 10. Subsection 11.1(1) is amended by adding the words "Cannabis Retail, subject to section 9.21;" immediately after the words "Business Office, subject to paragraph 11.3(3)(b);". 11. Subsection 11.3(1) is amended by: (a) adding the following words "Cannabis Processing Facility;" immediately after the words "Business Office;", and (b) adding the following words "Cannabis Retail, subject to section 9.21;" immediately after the words "Cannabis Processing Facility;". 12. Subsection 11.4(1) is amended by adding the following words "Cannabis Processing Facility;" immediately after the words "Business Support Service;". 13. Subsection 11.5(1) is amended by adding the following words "Cannabis Retail, subject to section 9.21;" immediately after the words "Business Support Service;". 14. Subsection 11.6(1) is amended by: distance mesur&e a partir de la limite de propriW; b) la vente au detail du cannabis est interdite sur un lot situ& a moires de 1 000 in d'un autre lot servant aussi a la vente au d&tail du cannabis, distance mesur&e a partir de la limite de propriW. 9. L'article 11 est modifi& par adjonction, au tableau 11-1, des mots suivants sous les titres suivants : Usage Zone ou permis Installation CRC CBP CR de transformatio n du cannabis Vente au CU CRC CC CR CG d&tail du cannabis 10. Le paragraphe 11.1(1) est modifi& par insertion des mots « vente au d&tail du cannabis, sous reserve de Particle 9.21; » imm&diatement apr&s les mots « universit& ou college; ». 11. Le paragraphe 11.3(1) est modifi& : a) par insertion des mots « installation de transformation du cannabis; » imm&diatement apres les mots « installation de services d'urgence; »; b) par insertion des mots « vente au d&tail du cannabis, sous r&serve de Particle 9.21; » imm&diatement apres les mots « universit& ou college; ». 12. Le paragraphe 11.4(1) est modifi& par insertion des mots « installation de transformation du cannabis; » imm&diatement apres les mots « installation de recherche et de d&veloppement; ». 13. Le paragraphe 11.5(1) est modifi& par insertion des mots « vente au d&tail du cannabis, sous reserve de Particle 9.21; » imm&diatement apres les mots « studio de toilettage d'animaux familiers; ». 14. Le paragraphe 11.6(1) est modifi& : (a) adding the following words "Cannabis Processing Facility;" immediately after the words "Accommodation;", (b) adding the following words "Cannabis Retail, subject to section 9.21;" immediately after the words "Cannabis Processing Facility;", and (c) adding the following words "Cannabis Retail, subject to section 9.21; " immediately after the words "Business Office, subject to paragraph 11.6(3)(d);" in the list of permitted uses under Regional Commercial Centre. 15. Subsection 11.7(1) is amended by adding the following words "Cannabis Retail, subject to section 9.21;" immediately after the words `Business Office, subject to paragraph 11.7(3)(b);". 16. Section 12 is amended by deleting from Table 12-1 the following words under the following headings: Use Zone Permitted Medical IM IH Marijuana Production Facility 17. Section 12 is amended by adding to Table 12-1 the following words under the following headings: Use Zone Permitted Cannabis IL IM Processing Facility Cannabis IM IH Production Facility, subj ect to section 9.20 a) par insertion des mots « installation de transformation du cannabis; » immediatement apres le mot hebergement; »; b) par insertion des mots « vente au detail du cannabis, sous reserve de Particle 9.21; » immediatement apres les mots « station -service, sous reserve du paragraphe 11.6(3)a); »; c) par insertion des mots « vente au detail du cannabis, sous reserve de Particle 9.21; » immediatement apres les mots « studio de toilettage d'animaux familiers; » dans la liste des usages permis dans un centre commercial regional. 15. Le paragraphe 11.7(1) est modifia par insertion des mots « vente au detail du cannabis, sous reserve de Particle 9.21; » immediatement apres les mots « vente accessoire de vehicules; ». 16. L'article 12 est modifie par la suppression, au tableau 12-1, des mots suivants sous les titres suivants : Usage Zone o6 permis Installation IMIH de production de marihuana therapeutique 17. L'article 12 est modifie par adjonction, au tableau 12-1, des mots suivants sous les titres suivants : Usage Zone o6 permis Installation IL IM de transformatio n du cannabis Installation IMIH de production du cannabis, sous reserve de Particle 9.20 18. Subsection 12.1(1) is amended by 18. Le paragraphe 12.1(1) est modifie adding the following words "Cannabis Processing Facility;" immediately after the words "Business Support Service;". 19. Subsection 12.2(1) is amended by deleting the words "Medical Marijuana Production Facility, subject to section 9.20;". 20. Subsection 12.2(1) is amended by: (a) adding the following words "Cannabis Processing Facility;" immediately after the words "Business Support Service;", and (b) adding the following words "Cannabis Production Facility subject to section 9.20;" immediately after the words "Cannabis Processing Facility;". 21. Subsection 12.3(1) is amended by deleting the words "Medical Marijuana Production Facility, subject to section 9.20;". 22. Subsection 12.3(1) is amended by adding the following words "Cannabis Production Facility, subject to section 9.20;" immediately after the words "Bulk Fuel Storage Depot;". 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. 2018 and signed by: Mayor/Maire par insertion des mots « installation de transformation du cannabis; » immediatement apres les mots « installation de recherche et de developpement; ». 19. Le paragraphe 12.2(1) est modifia par suppression des mots « installation de production de marihuana therapeutique, sous reserve de Particle 9.20; ». 20. Le paragraphe 12.2(1) est modifia : a) par insertion des mots « installation de transformation du cannabis » immediatement apres les mots « installation de recherche et de developpement; »; b) par insertion des mots « installation de production du cannabis, sous reserve de Particle 9.20; » immediatement apres les mots « installation de distribution; ». 21. Le paragraphe 12.3(1) est modifia par suppression des mots « installation de production de marihuana therapeutique, sous reserve de Particle 9.20; ». 22. Le paragraphe 12.3(1) est modifia par insertion des mots « installation de production du cannabis, sous reserve de Particle 9.20; » immediatement apres les mots « gare de triage; ». EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2018, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Second Reading - Third Reading - 26, ",S 0t Xs i ire, m 9 h t 5 C:C/) O � L U O C: C: m C/) O (D 0� 3: (D 0) 0) C: ry o 2 � O cvi) L N N � C: C) L- o= U 2 I . . .y \ 3 < \ \ \, \ : ; \\\\ \ y> .... .. �xe :d��� \�\/�� \\�� � ^ ®�0, Lo CL '— CL _ (1) O IL L O O � L L Q a O Cl)._ Ja • r O O Ama T O = V CLv O '- L Q a CL ,w wLy� cm ■ 13 O O ma L m O Ja ma cm 05r i1a41} aii� M , ` r P Jil�kf ' r"rrra.r °'rye „r a r a' o a, .m a mm,r y✓ i ✓' P m r ,r e au p 71j y r r n' moil .eor - " d 4 4w mao F F a a " �° ur , .. ... z g uF r,F �l �u r ✓" F �q k� b 'r r i ,1 I, f vV�r r� 9 4r p rvr a °J yip b gym, p ... ....... 0 no 'a c 0 w U mi 4) ._ 1)LANNING ADVISORYI"T"F March 26, 2018 His Worship Mayor Don Darling and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning 10, 20, 40 High Ridge Road The City of Saint ]ohn. On February 26, 2018 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its March 20, 2018 meeting. Ladds Batten, the landowner, appeared before the Committee and indicated that he was in favour of the recommendation to approve the rezoning but was not in agreement with the recommended Section 59 conditions. Mr. Batten felt the requirements pertaining to infrastructure, specifically the engineered drainage plans, and water and sewer analysis were unreasonable considering the application for rezoning would facilitate a three lot subdivision. Mr. Batten also expressed concerns with Staff's recommendation with respect to the Lands for Public Purposes and the vesting of a small piece of land the public street encroaches upon with the City. He felt these issues were not fairly considered in the Staff recommendation. Mr. Batten requested the items 2(b) and 2(d) be removed from the recommendation and that cash -in -lieu of Land for Public Purposes be waived. Greg Gormley, of 78 Crown Hill Crescent, appeared before the Committee and was generally in favour of the development. Mr. Gormley inquired about the timeline for the potential development, about the type of fill proposed, and the potential to mitigate any nuisance from construction. No other persons appeared before the Committee and 2 letters were received regarding the application. After taking into consideration the Staff report, comments made by Mr. Batten and the neighbourhood resident, and the letters, the Committee adopted a revised recommendation. Page 1 of 3 309 Ladds Batten/Hughes Surveys & Consultants 10, 20, 40 High Ridge Road March 26, 2018 It should be noted a further recommendation concerning the subdivision aspect of this proposal will be provided should first and second reading to the requested Zoning By-law amendment be given by Common Council. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 11,315 square metres, located at 10, 20,40 High Ridge Road, also identified as being a portion of PID 00050575 from Future Development (FD) to One -Unit Residential (R1). 2. That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 11,315 square metres, located at 10, 20, 40 High Ridge Road be subject to the following conditions: a) That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b) The owner/developer's engineering consultant must provide an engineered storm drainage submission and engineered design report indicating how storm water collection and disposal will be handled. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. No stormwater is to be directed to adjacent lands without approval from that landowner. c) Private drainage easements must be provided for each developed lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots. Page 2 of 3 310 Ladds Batten/Hughes Surveys & Consultants 10, 20, 40 High Ridge Road March 26, 2018 d) The design of the sanitary sewer connections must be submitted to the City for review and approval. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. e) No driveways are to be located so as to meet a street curve of an intersection. Respectfully submitted, Eric Falkjar Chair Attachments Page 3 of 3 311 The City of Saint palet Date: To: From: For: SUBJECT Applicant: Owner: March 16, 2018 Planning Advisory Committee Growth & Community Planning Growth & Community Development Services Meeting of Tuesday, March 20, 2018 Hughes Surveys & Consultants Inc. Residential Investors and Developers Ltd Location: 10, 20, 40 High Ridge Road PID: 00050575 Plan Designation: Stable Residential Existing Zoning: Future Development (FD) Proposed Zoning: One -Unit Residential (1111) Application Type: Rezoning Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee recommendation at a public hearing on Monday, April 9, 2018. Page 1 of 8 312 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 SUMMARY The applicant is proposing to rezone a portion of a larger parcel of land to accommodate a 3 lot residential subdivision. Approval of the application is recommended with conditions related to site design, storm water management, and the location of accesses. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 11,315 square metres, located at 10, 20,40 High Ridge Road, also identified as being a portion of PID 00050575 from Future Development (FD) to One -Unit Residential (R1). 2. That, pursuant to Section 59 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 11,315 square metres, located at 10, 20, 40 High Ridge Road be subject to the following conditions: a. That any development of the site be in accordance with a detailed site plan to be prepared by the proponent and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas driveways, loading areas, signs, exterior lighting, outdoor storage areas, amenity areas, pedestrian circulation elements and other site features. This site plan is to be attached to the application for the building permit for the proposed development and all site improvements illustrated on the plan must be completed within one year of completion of the building; b. The owner/developer's engineering consultant must provide an engineered storm drainage submission and engineered design report indicating how storm water collection and disposal will be handled. If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. No stormwater is to be directed to adjacent lands. c. Private drainage easements must be provided for each developed lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots. d. An engineering water and sewer analysis must be completed by the applicant's engineering consultant and submitted to the City for review and approval in order to determine the impact this development (capacity requirements, peak flows, fire flows, etc.) 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 Page 2 of 8 313 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 systems. If any upgrades to existing infrastructure are necessary, this will be the responsibility of the developer; e. No driveways are to be located so as to meet a street curve of an intersection. 3. That, should third reading be given to the proposed rezoning, Common Council: a) assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Tentative Plan Millidgeville Estates Subdivision, Lots 18-1,18-2 & 18-3 and Public Utility Easement Situate, High Ridge Road & Hill Heights Road, dated February 15, 2018, located at 10, 20, 40 High Ridge Road (part of PID 00050575), with respect to the vesting of the developed portion of High Ridge Road that is not currently a Public Street and any required municipal services easements subject to the following modifications: i) delineation of the required Public Street to be vested. b) rescind the assent given on October 17, 1994 assent to a 683 square metre parcel of Land for Public Purposes for the former subdivision proposal, and c) assent to money -in -lieu of Land for Public Purposes for the proposed subdivision. DECISION HISTORY On October 17, 1994, Council resolved to approve a 4 -lot subdivision, lots 94-3 to 94-6, on the subject site. This included a Land for Public Purposes dedication of 683 square metres along lot 94-6. A previous decision in May of 1994 gave tentative approval for a single lot, 94-2, in which Council accepted cash -in -lieu of Land for Public Purposes. The cash -in -lieu was refunded to the applicant as part of the October 17, 1994 approval and was incorporated with the Land for Public Purposes dedication of 683 square metres. The tentative subdivision approval issued in October of 1994 was not acted upon and expired after six months. At the time of application, the land was zoned "R -1A" One Family Residential. The land was rezoned to Future Development as a result of the ZoneSJ adoption process in 2014. ANALYSIS Proposal The applicant is proposing to subdivide the subject site from a larger parcel to facilitate the creation of 3 residential building lots. The current Future Development zoning will not Page 3 of 8 314 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 accommodate the proposal and therefore a rezoning is required. Due to the neighbourhood context, the applicant is requesting the subject site be rezoned to One -Unit Residential (R1). The subdivision application will be considered by the Development Officer upon an approved rezoning. Site and Neighbourhood The subject site is located at the corner of Crown Hill Crescent and High Ridge Road in the City's Millidgeville neighbourhood, to the east of Kennebecasis Drive. The north side of High Ridge Road is largely undeveloped between Crown Hill Crescent and Spruce Grove Terrace. The surrounding neighbourhood is characterized by low- to medium -density residential development. The subject site is undeveloped with evidence of clearing and filling at various parts of the site however, it does not appear any of the activity is recent. There are significant slopes in the area, with the subject site sloping away from the street significantly, terminating at a small watercourse. Municipal Plan and Rezoning Municipal Plan The subject site is designated Stable Residential in the Municipal Plan. The Stable Residential designation encourages housing of nearly every form and density and is intended for existing neighbourhoods approaching build -out. The proposal is consistent with Municipal Plan policies and is appropriate given the designation of the site. Zoning The subject site is zoned Future Development (FD). The intent of the Future Development zone is to preserve land that cannot be fully developed due to municipal limitations, for example, servicing or street limitations. High Ridge Road is fully serviced with water and sewer and the road is built to municipal standards. The proposed subdivision will continue the established residential neighbourhood pattern of the area. The proposed One -Unit Residential (R1) zoning will ensure adherence to the established pattern and is in keeping with the adjacent properties. Section 59 Conditions Due to proximity of the proposed subdivision to a watercourse, Staff recommends an engineered storm water drainage submission and an engineered design report indicating how storm water will be managed, be required. Additionally, no storm water is to be directed to adjacent lands and that private drainage easements must be provided for each lot if any drainage is to be discharged to the adjacent private land owner to the rear of these lots. Page 4 of 8 315 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 Staff also recommends conditions with respect to site design and infrastructure be imposed to ensure the City's standards are upheld. Subdivision The application requires consideration of two issues by the Committee and Council: consideration of money -in -lieu of land for public purposes (LPP), and assent to a developed portion of street that is located on private land. Lands for Public Purposes The City's Subdivision By-law states only land that is dedicated as a pedestrian walkway consistent with those identified in the Trails and Bikeways Strategic Plan, shall be received as LPP and in all other cases money -in -lieu should be considered in place of land. In addition to the direction offered by the Subdivision By-law, the City's recreational master plan, PlaySJ, provides Council the direction to consider money -in -lieu of LPP when possible as there is currently a larger number of public parks and playgrounds in Saint John than is needed for the target service -level to residents. The Plan suggests the quality of green spaces is more important than the quantity. The Subdivision By-law requires eight percent of the market value of the land to be provided to the City as money -in -lieu of LPP. As the Trails and Bikeways Strategic Plan does not designate a trail or walkway on the subject site, Staff recommend money -in -lieu in this instance. In this particular instance, assent was given to a 683 square metre area of Land for Public Purposes on October 17, 1994 for a previous subdivision proposal that was not developed and for which the approval of the Tentative Plan of Subdivision expired on April 19, 1995. The parcel of Land for Public Purposes was generally located along the northern boundary of the current proposed Lot 18-1 with an area of land adjacent to the watercourse to the rear of the lots. The Millidgeville Secondary Plan was in force at the time of the assent to the park area in 1994, which envisioned a linear park located along the watercourse. Given the Millidgeville Secondary Plan is no longer in effect (it was adopted as part of the former Municipal Plan and has been repealed upon adoption of the current Municipal Plan), and the City's shift in focus to money -in -lieu of Lands for Public Purposes, Staff recommend the following: 1. That Common Council rescind the assent given on October 17, 1994 to a 683 square metre parcel of Land for Public Purposes for the former subdivision proposal, and 2. That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed subdivision. Vesting of Public Street A portion of High Ridge Road exists on the privately owned land proposed for the subdivision. Air photos reveal that this section of road was constructed between 1967 and 1982. Given the Page 5 of 8 316 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 Public Street exists on a portion of the privately owned site, Staff recommend the portion of the site where the existing built street is located be vested as a Public Street. Staff also recommend that Common Council assent to any required Municipal Services Easements for the proposed subdivision. Conclusion Staff supports the proposed rezoning to facilitate a 3 lot subdivision. The rezoning meets the intent of the Municipal Plan in is in keeping with the character of the surrounding neighbourhood. Section 59 conditions are recommended with respect to site design, storm water management, and access. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on March 9, 2018. The public hearing for the rezoning was advertised on the City's website beginning March 15,2018. SIGNATURES AND CONTACT Prepared: o� I,1 Jennifer Brown, BCD, MRM Planner Reviewed: Mark Reade, P.Eng., MCIP, RPP Senior Planner Approved: Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Page 6 of 8 317 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 Contact: Jennifer Brown Phone: (506) 658-4528 E-mail: jennifer.brown@saintjohn.ca Project: 18-30 Page 7 of 8 318 Hughes Surveys & Consultants Inc. 10, 20, 40 High Ridge Road March 16, 2018 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Topography Map 6: Site Photography Submission 1: Site Plan Page 8 of 8 319 0'. U) U) C: 0 06 U) U) (D III 3: � > \� %� § III,! $ C: § �m \Lo Cf) �O m p 0k Nt U � e ® � � N CO Nt � c c s • c » 0 ca \ d a)o \ / ■ \ � = e '\ � \> 2 \ � ■ s q q ,,,. fes. "d �.S �. `% .� I r,,;�r 61 �+, • !, .. �, From: Terry Totten To: Brown. Jennifer Subject: Rezoning of 10, 20, and 40 High Ridge Road Date: March -15-18 5:27:09 PM Let me first say that I am in favour of this rezoning as I understand it . I understand that 3 one unit residential lots are being created ( quite frankly that is what I thought was there now.) I am very familiar with the topography on this parcel of land and in particular the very significant cliff off the back of lot 18-3 and far more so on 18-2. I also see where an access road has been started on 18-1 heading toward 18-2 My question is "as the process begins and concludes to rezone the 3 lots to RI, is it conceivable that another application maybe forth coming to rezone a parcel from RI to multiple units .(lots 1 and 2) . I'm asking only because of the tremendous fall-off and the possibility that one road into underground parking for a large condo or apartment building might be forthcoming. Don't assume I'm necessarily opposed to this possibility given the nature of the property but would like to appreciate what the owner/developer is asking for. Thanks Sent from my iPad KYXA From: onestop To: Reade. Mark; Burgess. Aimee Subject: FW: Rezoning - 10, 20, 40 High Ridge Road, Saint John, N.B. Date: March -19-18 10:39:57 AM Paula Hawkins One Stop Development Shop Permitting & Inspection Services 10th floor —City Hall Saint John, NB E21_41_1 (506)658-2911 oaula.hawkinsrEDsaintiohn.ca on estopCcDsaintjohn.ca From: LINDA GALLANT [mailto:GREGANDLINDA@live.ca] Sent: March -19-18 10:38 AM To: onestop Subject: Rezoning - 10, 20, 40 High Ridge Road, Saint John, N.B. Reference your letter dated March 9, 2018, 1 am the property owner at 78 Crown Hill Crescent, one of several properties which neighbours PID No. 0050575 presently being proposed for re -zoning from Future Development (FD) to One -Unit Residential (R1). This a well established mature neighbourhood. The streets, curbs and sidewalks were re -built in 2016. The neighbourhood looks beautiful and refreshed. Everyone in the area is so pleased with what has been done after a very long waiting period. My concerns do not lie so much with the re -zoning application as with the dirt and debris which will result from the development of said lands. A large portion of the property in question falls away very sharply into a very deep ravine. Given the topography, one would anticipate clearing of existing land and importing a significant amount of additional materials (shoring, rock, engineered fill, topsoil etc) to make the properties saleable and serviceable for construction. I say additional material because a few years ago, activity took place to backfill only a portion of the property. There was heavy machinery traffic travelling frequently to and from the site over an extended period of time. The mud, gravel and fill material which fell off the trucks and/or was washed down the hill accumulated primarily in front of our driveway in a significant quantity. Dust was everywhere for weeks. On rainy days, the street was literally mud. When the City came to do street sweeping further to our complaint, the spray and brushing from the street sweeper added to the problem rather than alleviate it. An equally major concern is the inevitable damage to the new infrastructure on High Ridge Road and Crown Hill Crescent from the heavy machinery traffic and on -street excavation for site services. A certain amount of damage is inevitable. How can the City possibly ensure that the surfaces will be 19M.13 restored to their current state? Development of these three lots presents a significant challenge on many fronts. Protecting the beauty and integrity of our neighbourhood during construction, now that we finally have it in prime condition, is of paramount Importance. We want to ensure High Ridge Road and Crown Hill Crescent do not become a mess. Thank you for the opportunity to express our concerns. We hope for a solution that will benefit all parties. Regards Greg Gormley 78 Crown Hill Crescent Saint John, NB E2K 21-15 506.648.0287. 19NO.1 PROPOSED ZONING BY-LAW AMENDMENT RE: 10, 20,40 HIGH RIDGE ROAD �_ Page I of 2 e SAINT JOHN PROPOSE.113 ZONING BY-LAW AIMENDMEN 1"RE: 10, 20,40 fi]:Gii IKEDGE IROAD 16 -Mar -2018 PROPOSED ZONXING BY-LAW AMENDMENT RE, 10, 20, 40 HIGH RIDGE ROAD Public Notice is hereby given that the Common Council of I'he City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, April 9, 2018 at 6 30 p.rn., by: Rezoning a parcel of land having an area of approximately 1 .13 hectares, located at 1.0, 20, 40 Filgh Ridge Road, also identified as PID No, 00050575 from Feature Development (FD) to One Unit ivesidentW (RI) as Illustrated below. q, op P REAS094 FOR CHANGE. lo allow for residential development The proposed amendment may be Inspected by any Interested person at the office of the Common Clerk, or In the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N,B. between the hours of 8,30 a. m. and 4:30 p„m., Monday through ::rlday, inclusive, holidays excepted. Written objections to the amendment rnay be sent to the LHndersigned at City I lall. If you require French services for a COMI'non Council meeting, please contact the office of the Common Clerk. Jonathan I aylor, Cornirrion Clerk 658-2862 330 http://www.saifltiohn.ca/en/home/news/publienotices/community-planning/proposed-zoni... 21/03/2018 . ..................... Portion of 005057 beinj rezoned & LOCATION CI%AC ADDRE 5 HM Heights Road and I figh Ridge Roa Pim , dMded Sub JIM EHEAITAGEAREk Y/N WTENSIFICAAONAREk Y7N_ftj_0;R1SKAREk YIN APPROVED GRAMNNPC 'VIN , 7 D Al"PUCATION 0: 18-30 DATE RECEIVED, 7Feb. 16,20191 . ...... . .... iln 'e RECEIVED W Ahnee and Mark Reade AP )CANT EMAIL PHONE Hu ghn Surveys & Consuitants Inc, on behalf Z 11.2evcd rsck.tLiiN'nieir@Ait.ighessurveysr#.)m (506) 634-1-7-17 EYL�QLD . . ...... . .. . ........ L 0 MA11UNG ADDRESS POSTAL CODE 515 Crown Street Saint John, N8 E2L SES cc CONTRACN'()R IDEVM�OPF:R EMAI 1. PHONE 2 MAMING ADDRESS POSTAL CODE 11-1 Z < y°°.°.°...•.°.._­ . . . °°,,,•....— NER EMAIL PRON' a. ReMdential Investors and IDevph)pers Ltd. Ladds Batten <biatl.nb. en@syrnpatico.ca> 506..333-5456 < . ...... ­_1 MNLING ADIDAESS POSTAL CODE c/o 11 fughes Surviays & Consultants Inc., 575 CrownStreet, SaInt John, IN E2L 51E9 PRESENTUSE. Vacant land on a pubfic street PROPOSED a SEN Rezoning to RI & subdivision for && farnHy hots. BUILDING PLANNING INFRASTRUCrURE HERITAGE CL. ..... —. ....... INTERIOR RENOIAMN) IMEW CONSTRUCIRON [3VARMCE [:]STREETEx(.'AvAru:mt ] HERrrAG r DEVELOP MENT 0 FxTirRIOR RENOVATION ] AC CESS 50 R Y B L D G OPLANNING L mrn [3 I)MVEWAY CULVERT 0 HEKTAGESOGN (JADD17110N C1 POOL MPACAPPLICATION C]DRAMArsE HFRiTNX INFILL DECK EjDrM0LiT*N K]COUNOLAPP WATER & srWLRAGF-' HERtTACr DEMO N& CHANGE OF USE OVGN MHER OTHER U 0 MIMMUM STANDARDS 0 UNHER 00THER . . . ........ .. .... .... ...... ............. . .. . .... ................ ......... .... ... ........... . .. TWs appheation is tor the purposes of obtaining rezonWKj from Future Development to One.,L)n1tr ReMdenfial (R1) and Z approvats for the subdwWon o1a portion of F11 # 50575 into throe lots fronting on an exIsfing , public street for 0 deveNop�-nentofsuir�gisfamflyt�ornes, APubl�cUlil�tyEi,�,p�nieiritw��llibewestedtoacronimadateexiisfingov.er ubility I= CC head 0 Ffines crossing and Rdjacent to the lots Ibeing ofeated, 0 L_ __ ...... ...... . . El i consent to the Oty of Saint .Hohn sending to me comy-nerciA dectronk messages, from time to tame, regardft% City iniflatives and tncentives. Geneped (Wiec9pn Swevirld 1. PIe vnder§gnerd, hcrpby npply ros me peenio(sl rx apsxowvft), indil.I.Wed -for 4, Cm W.Vowe dohn &P drle.v�ran ubwera, Im. Pie,:wonr. aescrfbed gvv aons, submissions rn�.d to M.S nerpw0h Fluxaglannalwn 4z 9"eng e'plkg 6d nq �,rdo WWA1yg skjbmdkvd. Tpsa zppik:cTknp kootxelall ge4evarn docurr"enorlbon nec'esswy ko, ffowgram, uvqee: Me 4'div� Ioos r� powrod va Mar whwh u &h, evion, njA*w,- ph., jwd ' vrom.' Ihe' appoed for nppro-voors), 4 OTT pe. Pa crimpiv MM Hit pians� xvnwe I'Wk� nvbIv-.11 ro 416, w A-' ytyw. elk, On-ol Ya#pahAamH na, qhare vaur p0,1,01hd epracolicahmix and �uffiser ag 'h1vant Cdv q condIfibeis impmed, apeam SPP 10 COMf* w0h am rol Bv-k�ws w d KVhes Sweep & Conrullsints Inc, for Residential! Issmskvs and 'rb. IV ITd e68911op? ' V fin, 4 "Vv� psmg Apo wkwayean i, w h" j"und in the 4'1 and �nve4t4Bys and DevWqm Ud ^ Mchard Turner Developers U4, Ladds Damen ........ .... .... ..... .. . . ......... .... she NNP C8 Injou'afeegm and Aa�l ei'm g',I A-em".v Acr Fop f4enho, hdarmalwp OR qnv"11'PR� App l ..a Norm., Owems AuIftorUirfior 8`G AYfli'aF pw o4kv th'" �41wx'npd Mra-we-t I'MIxerwnar? I& praw"Y s�(Isrm 13, -� rwK•.,...°.........,........ a aSa .N®erYN.dr-rrlrlraeJ. Avo'cant Sbnature nalure Sehf "N­'U)h4'ACv.%e(,T'v suw 'kha. VNE:M $1,"s Febwary 16, 2018 5, 201 a MN Asx_�?NA2 DWe 331 latubdivislon Application .. 4 G7R bA6Vi tti4>2'. .. , f r^h.w 3 CY ) aA f F!�PE �67F 1 TTI 6 Instrument X Tier 1 Subdivision Tier 2 Subdivision Documents requiNng t"beivetopment Leat boundary adjustments, Subdivisions irnwt vng the aAnstruction Officer a atndaarsarmrnt for registration consolidations, and new lot,% alang an of a sirpet a 1 existing street Service Feer: 500 plus 100 per neer Service Fee: $250 ous $50,ow new building lest .__._. _ .......,......w,.... Wigt6ngt Attach the instrument or tentative subdivision plan, whichever is applicable, and any additional documentation to fully describe the app 4cation. "tentative subdivision plans must ;adhere 0 the requirements of Section 49 of the Community Manning Act sof Now Brunswick. In the case of a "tier 2 Subdivision, n„ the submission of a preliminary proposal and a Pre -Application Meeting with CRY staff is encouraged prior to seeking approval. Please contact tine One -,Stop Development Shop at (615) 65B -29i I for further information. This application is assoctated with a proposal to rezoning frown Future Developpment to One -Unit Residential (R1) and approvals for the subdivision of a portion of PlD # 50575 into three Brag fronting on an existing puablac street for afpv lopme nt of single family hornes. A Public Utility Easernent will the vested to accommodate existing overhead utility !inns orossirnn and adjacent to the leets uprise created. . ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land, The deed from Bank of Montreal to Residential Investors and Deveopers Ltd. is subject to three utility easements _ which .are not in the immediate vicinity of the subject, lots. 'There are utility lines on the subject bots Yvhich easements will be allowed for as part of this application. The owner has not granted any other easements In this area since the property was acquired frown the Bank of Montreal„ A sewer easement is indicated on filed plan D7 #53 a copy of a portion of the plan is attached to this application. We have no Indication that the easernent is reoistered or in use, AUTHORIZATION As of the date of tunas application, i, the undersigned, ant than registered owner of the, land described in this appticabon or the authorized age=nt thereof, and l have examined Die contents of thisapplication and hereby certify, that the information submitted with the application is correct insofar as I have knovAedge of these facts, and I hereby authorize the applicant tro represent this matter and to provide any additional information than will be necessary for this appiia tion. Hughes Surveys & C isuuttants Inc. on behalf of Residential lnvestabrs and Developers Ltd. -Rick Tu er Ptegistertd Owner ear �_..._.. utllnaarnd Agent- etbrur ry 15« 201 Date: Additional FtegisterW Owner Date The information ceanWned in this appfication and any docurnentation, including plans, drawings, reports„ and studies, provided in support of this application will become part of thea public record. 1919% Council Applicatido -on Develophient Shop ra GROWTH & COMMUNITY ,V?LOPMENT SEMCES CPY(N SINNT JOHN Hill Helghts Road CIVIC ADDRESS_'t'____2,qdHj9tR!g 4L �R APPLICATION # N J_FEE PMD Y 1 ... . ........ _.a. TYPE OF APPILICKMN Land for PuNic Purposes t4on--Corftmir,.g Use Satisfactory Servicing Reease Seqvic* Fee: $200 Service Fee: $2GO Service Fee: $300 Sec Zoning By4aw Amendment ZoMng lBy-law Arner--�dnnent witr-r tior� 39 Amendment Service Feeo $2,500 SeMce Fec $Z500 a Municipal IPlan Amendment semee rec $3,500 DEETAILED DESCRIPTION OF APPI WMION Where applicable, inftate the changes to wdsting Section 39 cond: Mons, zoning, Or MunkApal Man designabon being requested. Attach site phns, building eilevaUons, Door pians, and oUwr documentation to fully describe the application. The submission of a preliminary proposM and as Pre-Appkafion Meeting is encouraged prior to seeking approval. Please cordact the One -Stop Development Shop at (606) 658-2911 for fUrther information, . .......... .... . ................ . ... . ... ...... — . . . ... ..... Proposed Lotsfor Single Farrilly Residential I.-Iornes .. . ......... .. ...... ..... ........... ........... ...... —.— . . . . . . . ....................... . ............................ - E This �appGcatG-oTwii r PiT ases of obtaining rezoroing fronn Future Development to One-4.)Jnit Residenfial (111) and approvals for the subdivision of a pnrdon of PID # 50575 into three lots fronting on an existing pmbfic street for development of single family hoo'nes. A Public Utility ll;asernent will be vested tui aCCIDMirnodate existing overhead utility lines crossing and adjacent to the lots being created, I— �- — . .... . .... . ...... . . ........ . . ....... .. _.w._ . . . . ..... ....... .. . . ..... . ....... . . ........ . .... .......... ............ ENCUMBRANCES Des(xibe any easementst, restrilctive cove nards, arid other encumbrances Raft tong the land. �ede�Tfio'm­i- ank of Montreal toResident�W lnvestors arid Dev6opevs Ltd, is subject to three utilfty ease.Ments; which are not in ft immediate vicinity rat the subject lots, "'I"here are utility lines on the subject lots which easements will be allowed for as part of 11"iis application,, The owner has not granted any ott-mr easernents in fl,fis am since., the property was acquired from the Bank of Montreal, A sewer easement is indicated on Med plan D7 #53 a copy of as pordon of the pian is attached to tilhis application,, We have, no indicatir.xi that the easement is reaWered or k-4 use. AUTHORIZATION As of the daba of this application,, 1, the undersigned, arn the Prigistered owner of the land derwribed in, 11his appficaffun or the authorized: agent thereof, and 11 have exarnined the conferds of this application and hereby cArtify t the informadon subrnMed Moth the appOcadon is correU insofar as I Ihave knowledge of these facls, and i heretry authorize the applicant to m.pres uAn this matter and to provide any addifional linforrnaflorn that Will The necessary ftx 11 -ft appkabon. Hughes Surv(--:,ys & Consultants Inc, On behaff of, Residential Invesk')rs and Deve4opers Ltd., - Rick '11"urner . . . ........... .��atlna�rG�aad Apt .. Residential Investors and Developers [Ad. - l adds Batten .. . ....... Owner Date Febmary15,2018 The inforrriation contained rn this application and any docurrwntaborw, 6ncfiu(Nng plans, dravAngs, reports, and MuOps, provided 1n support of this appUcallon will beemrne part of the pjbflc record. Form 1919191 lmi� igiiwj HUGHES SURVEYS & CONSULTANTS INC. NB LANDSURWYORS, CONSULT9NG ENGINURS February? 15, 2018 Our file Y 17-302 Mr. Mark Heade, NICIP Gromill & Developinent Senices City of SaintJohn 10'h Floor, City Hall Saint John, NB Re. Application for Rezoning and Subdivision, Mill Heights Road & High Ridge Road Please find enclosed the following: • General Application Form roar Re7oning and Subdivision-, • Council Application Form for Rezoning-, • Subdivision Application Form-, • Tentative Plan for proposed lots 18-1, 18-2 and 18-3-1 • Our client's cheque in the amount of $2500 for rezoning application-, • OuT client's cheque in the amount ofS400 l subdivision application. We look forward to discussing the roadway and possible services encroachment on Lot 18-1 . As our client pointed out in our pre -application meeting, survey markers we had placed so our client could identify the extent of the encroachment were removed when the city did upgrades to tile streets. fle also expressed concerns with respect road upgrades taking place on the complete street leaving out upgrades to his ftontage to the property and that the property was rezoned even though he had plans before the city predating the "Future Development" designation. lie would like this taken into consideration in your review. If you have any questions, please do not hesitate to contact me, A digital submission to Onestop is being forwarded, 1111GHES SURVEYS & CONSULTANTS ,"ICD. Richard Turner Encl, 575 CROWN s"rRmi"'r. SAIN'r J011N, NB r -2L 5F.9 (506) 634-1717 FAX (506) 634-0759 ............. 0 E 016 i.PA >Lu 0 St a A CA -mu) 4S Sh. :E 'a m I ri (n u 77- edna S'A n 7- 0 A N, ip 041 eights 00 1919191 I I ;2o «±tis hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, April 9, 2018 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 1.13 hectares, located at 10, 20, 40 © Ridge Road, also identified as PID No. 00050575 from Future Development (FD) to One - Unit Resident3((R;}»? illustrated below. ?#dam ,»...«««««»«;EW The proposed amendment may be inspected bya« G»°° « person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John,N.B. between the hours#:d d a.m. w 24».»« Monday through Friday, inclusive, holidays excepted, w»Iy I I:«?<?»°*<y2» e y2©»« 2 ?« «> K a > � � ¥ �~ ?#dam ,»...«««««»«;EW The proposed amendment may be inspected bya« G»°° « person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John,N.B. between the hours#:d d a.m. w 24».»« Monday through Friday, inclusive, holidays excepted, w»Iy I I:«?<?»°*<y2» e y2©»« 2 ?« «> K a � ?#dam ,»...«««««»«;EW The proposed amendment may be inspected bya« G»°° « person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John,N.B. between the hours#:d d a.m. w 24».»« Monday through Friday, inclusive, holidays excepted, w»Iy I I:«?<?»°*<y2» e y2©»« 2 ?« «> K a If you require French services for a Common Council meeting, please contact the office of tht'' Common Clerk. G19Zi ',j Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint 2#S,««t» son intention d'6tudier la modification suivante A I'Arr&6 de zonage de The City of Saint John, »S§»& r6union ordinaire qui se tiendra dans la salle du conseil le lund! 9 avril 20186 18 h 30: Rezonage d'une parcelle cle terrain d'une superficie d'environ °«e©° situde au 10, 20, 40ch High Ridge©© et portant le NID 55115547, de zone d'amenagement futur (FD) 6 zone r6sidentielle unifamd«>(RI)co 2 © le mo y» la carte-dessous. [title.] � ~\ : }� :5022226 y95y(C±»2<L. Pourpermmye + d6v+oppemem +Sgentid. communal ou au bureau du service de la croissance et du d6veloppement communautaire 6 I'h6tel de ville situ6 au 15, Market Square,,A Saint John, au Nouveau -Brunswick., entre 8 h 30 et Veuillez faire part de vos objections au projet de modification par dcrit a I'attention du soussign& K ■ Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. I � , ,111 11111111111 1111111 BY-LAW NUMBER C.P. 111- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 111- ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete cc qui suit : The Zoning By-law of The City of L'arrete de zonage de The City of Saint John enacted on the fifteenth day of Saint John, decrete le quinze (15) decembre December, A.D. 2014, is amended by: 1 Amending Schedule A, the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.13 hectares, located at 10- 40 High Ridge Road, also identified as a portion of PID No. 00050575 from Future Development (FD) to One -Unit Residential (Rl). - 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. 2017 and signed by: Mayor/Maire 2014, est modifie par: 1 La modification de Pannexe A, Carte de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1.13 hectares, situee au 10-40 Chemin High Ridge, portant une partie de le NID 00050575, de zone d'amenagement futur (FD) a zone residentielle unifamiliale (Rl). - toutes les modifications soot indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2017, avec les signatures suivantes Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture BY-LAW NO. M-16 A LAW TO AMEND A BY-LAW RESPECTING WATER AND SEWERAGE ARRETE NO M-16 ARRETE MODIFIANT L'ARRETE CONCERNANT LE RESEAU WEAU ET D'EGOUTS Be it enacted by the Common Council of Lors d'une r6union du conseil municipal, The City of Saint John as follows: The City of Saint John a d&cr&t& cc qui suit: A By-law of The City of Saint John entitled "A By-law Respecting Water and Sewerage", enacted on the 7t' day of June, A.D. 2004, is hereby amended as follows: 1. Section 1 is amended by repealing the definition of "Commissioner" and replacing it with the following: "Commissioner means the Commissioner of Saint John Water or any person authorized by him/her to act on his/her behalf. (commissaire)" Par les pr6sentes, 1'arret6 de The City of Saint John intitul& « Arr6t& concernant les r6seaux d'eau et d'6gouts », d6cr6t6 le 7 juin 2004, est modifi6 comme suit: 1. L'article 1 est modifi6 par 1'abrogation de la definition de "commissaire" et son remplacement par cc qui suit: "Commissaire" Commissaire de Saint John Water ou toute personae autoris&e par celui/celle-ci a agir en son nom. (Commissioner)" 2. Subsection 34(1) is amended by deleting 2. Le paragraphe 34(1) est modifie par la "$25.00" and replacing it with "$225.00". suppression de "25,00$" et son remplacement par "225,00$". 3. Section 46 is amended by adding the 3. L'article 46 est modifi6 par 1'adjonction de cc following: qui suit: "46(3) A customer whose water service has been discontinued pursuant to subsection 46(1), section 42, subsection 44(4) or for any other reason, shall not operate city valves or take any other action in relation to the City's water system to reinstate the water service." 4. Subsection 47(3) is repealed. "46(3) Un abonn& dont le service d'eau a W interrompu en vertu du paragraphe 46(1), de Particle 42, du paragraphe 44(4) ou pour toute autre raison, n'op6rera pas les valves d'eau de la ville ni ne fera tout autre chose envers le syst&me d'eau de la ville afin de r6tablir le service d'eau. 4. Le paragraphe 47(3) est abrog&. 5. Section 48 is repealed and replaced with the 5. L'article 48 est abrog6 et remplac6 par cc qui following: suit: "48(1) Where, in the case of metered customers, (a) the water service has been discontinued pursuant to section 42, subsection 44(4) or subsection 46(1) for a period of at least 72 hours, or "48(1) Lorsque, en cc qui a trait aux usagers mums d'un compteur, (a) le service d'eau a &6 interrompu en vertu de Particle 42, du paragraph 44(4) ou du paragraphe 46(1) pour une p6riode minimale de 72 hours, ou (b) the water has been turned off at the request of the owner for a period of at least 72 hours, or (c) a serviced building is vacant and unused for domestic, commercial or industrial purposes; or (d) fire has made a serviced building uninhabitable, the owner shall, upon the expiry of the 72 hour period described in paragraphs (a) or (b) or upon the building becoming vacant or uninhabitable, pay a monthly water rate equal to the water service charge based on the size of the appropriate meter, as set out in Schedule `B". 48(2) Where, in the case of flat rate customers, (a) the water service has been discontinued pursuant to section 42, subsection 44(4) or subsection 46(1) for a period of at least 72 hours, or (b) the water has been turned off at the request of the owner for a period of at least 72 hours, or (c) a serviced building is vacant and unused for domestic, commercial or industrial purposes; or (d) fire has made a serviced building uninhabitable, the owner shall, upon the expiry of the 72 hour period described in paragraphs (a) or (b) or upon the building becoming vacant or uninhabitable, pay a monthly water rate equal to what the water service charge would be if the flat rate customer was metered, based on the size of the appropriate meter, as set out in Schedule `B". (b) 1'alimentation en eau a et6 interrompue a la demande de l'usager pour une periode minimale de 72 heures, ou (c) le batiment recevant 1'alimentation en eau est demeure vacant et non -utilise a des fins domestiques, commerciales ou industrielles, ou (d) le batiment est inhabitable en raison d'un feu, le proprietaire doit, des 1'expiration de la periode de 72 heures d'ecrite aux alinaas (a) ou (b) ou d&s que le batiment est vacant ou inhabitable, payer des frais mensuels equivalant au tarif des services d'eau base sur la dimension du compteur approprie, tel qu'6nonc6 a 1'annexe `B". 48(2) Lorsque, en cc qui a trait aux usagers a tarif forfetaire, (a) le service d'eau a et6 interrompu en vertu de Particle 42, du paragraphe 44(4) ou du paragraphe 46(1) pour une periode minimale de 72 heures, ou (b) 1'alimentation en eau a et6 interrompue a la demande de l'usager pour une periode minimale de 72 heures, ou (c) le batiment recevant 1'alimentation en eau est demeure vacant et non -utilise a des fins domestiques, commerciales our industrielles, ou (d) le batiment est inhabitable en raison d'un feu, le proprietaire doit, des 1'expiration de la periode de 72 heures d'ecrite aux alivaas (a) ou (b) ou d&s que le batiment est vacant ou inhabitable, payer des frais mensuels equivalant au tarif des services d'eau base sur la dimension du compteur approprie que l'usager paierait s'il 6tait muni d'un compteur, tel qu'6nonc6 a 1'annexe `B". 48(3) Where, 48(3) Lorsque, KMIEI! (a) the sewer service has been discontinued pursuant to section 42 or section 46(1) for a period of at least 72 hours, or (b) a serviced building is vacant and unused for domestic, commercial or industrial purposes; or (c) fire has made a serviced building uninhabitable, the owner shall, upon the expiry of the 72 hour period described at paragraph (a) or upon the building becoming vacant or uninhabitable, pay a monthly sewer rate equal to the applicable water service charge in paragraph (1) or (2), multiplied by the percentage set out in Schedule C""; (a) le service d'6gouts a W interrompu en vertu de Particle 42 ou du paragraphe 46(1) pour une p&riode minimale de 72 heures, ou (b) le batiment recevant le service d'6gouts est demeur& vacant et non -utilise a des fins domestiques, commerciales ou industrielles, ou (c) le batiment est inhabitable en raison d'un feu, le propri&taire doit, des 1'expiration de la p&riode de 72 heures d6crite a 1'alin6a (a) ou des que le batiment est vacant ou inhabitable, payer des frais d'6gouts mensuels &quivalant au tarif des services d'eau &none& au paragraphes (1) ou (2), multipli& par le pourcentage identifi& a 1'annexe "C"". 7. Section 50 is repealed and replaced with the 7. L'article 50 est abrog& et remplac& par cc qui following: suit : "50(1) A person who violates any provision of this by-law is liable upon conviction to a fine of $2,100.00. 50(2) A person who violates any provision of this by-law shall, within 20 business days after receiving the penalty notice from the city's By -Law Enforcement Officer, pay an administrative penalty of $1,500.00 at the Payment Center, City Hall, 15 Market Square, Saint John, NB, Monday to Friday between the hours of 8:30 am and 4:30 pm. 50(3) A person who violates a provision of this by- law and pays the administrative penalty pursuant to paragraph (2) is not liable to be prosecuted for said violation. " 50(1) Quiconque contrevient a une disposition du pr&sent arret& commet une infraction et est passible, sur d&claration de culpabilit6, d'une amende de 2100,008. 50(2) Quiconque contrevient a une disposition du present arret& doit, dans les 20 jours ouvrables suivant la r6ception de 1'avis de p6nalit6 6mis par 1'agent charge de 1'ex6cution des arret6s de la ville, acquitter une p&nalit& administrative de 1500,00$ au bureau de perception a 1'H6tel de ville, au 15 Market Square, Saint John, N. -B., du lundi au vendredi, de 8h30 a 16h30. 50(3) Quiconque contrevient a une disposition du pr&sent arret& et acquitte la p&nalit& administrative tel que pr&vu au paragraphe (2) n'est passible d'aucune poursuite a cet 6gard. » IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le present arrete City to be affixed to this by-law the day le 2018, avec les signatures of , A.D. 2018 signed by: suivantes : First Reading Second Reading Third Reading Mayor /Maire Common Clerk/greffier communal - March 26, 2018 Premiere lecture - March 26, 2018 Deuxieme lecture - Troisieme lecture - le 26 mars 2018 - le 26 mars 2018 BY-LAW NUMBER PI -1 A BY-LAW RESPECTING PLUMBING IN THE CITY OF SAINT JOHN ARRETE No PI -1 ARRETE RELATIF A LA PLOMBERIE DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John edicte : A By -Law of The City of Saint John entitled "Saint John Plumbing By -Law" enacted on the 5"' day of August, A.D. 2014, is hereby amended as follows: Par les pr6sentes, 1'arret6 de The City of Saint John intitul6 "Arrete relatif a la plomberie de Saint John" edicte le 5 aout 2014 est modifie comme suit: 1. Section 2 is amended by adding the following 1. L'article 2 est modifi6 par Fajout de la definition: definition suivante : "Water Softener" means a unit that is used to soften water, by removing the minerals that cause the water to be hard. 2. Paragraph 5(2)(e) is amended by adding the words "Subject to section 5.1," immediately before the words "A permit fee". adoucisseur d'eau » designe un adoucisseur est une unite qui est employee pour adoucir Peau, en enlevant les mineraux qui rendent Peau dure. 2. Le paragraphe 5(2)(e) est modifia par 1'adjonction des mots « Sous reserve de Particle 5.1 » immediatement avant les mots des frais de permis ». 3. The following section is enacted and added 3. Le paragraphe suivant est edictes et suivent immediately following paragraph 5(2)(g): immediatement le paragraphe 5(2)(g) : 5.1 Neither a permit fee nor a plumbing fixture fee hereunder is payable with respect to the installation or repair of a Water Softener carried out before December 31, 2019. 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. 2018 and signed by: Mayor/Maire 5.1 Ni les frais de permis ni les droit associe aux appareils sanitaires en vertu des presentes ne sont payables a 1'egard de 1'installation ou de la reparation d'un adoucisseur d'eau effectuee avant le 31 decembre 2019. EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2018, avec les signatures suivantes : Common Clerk / Greffier communal First Reading - March 26, 2018 Premiere lecture - le 26 mars 2018 Second Reading - March 26, 2018 Deuxieme lecture - le 26 mars 2018 Third Reading - Troisieme lecture - Received Date April 03, 2018 Meeting Date April 09, 2018 Open or Closed Open Session Members of Common Council Councillors: Subject: Renaming of Freedom Court to Vic Fitzgerald Court Background: Victor worked for the City of Saint John as Director of Somerset Community Center for 35 years. He was actively involved with Little League Baseball, The North End Food Bank, The Saint John Liberal Association and was an Elder at Douglas Avenue Christian Church. He served as a 35 -year employee of the recreation department, 40 years as a coach and administrator for minor baseball, as director of the Somerset Community Centre, and through his involvement in the North End Food Bank. He capped off an outstanding volunteer career by serving the city in one last capacity, a three-year term as city councillor from 2001 to 2004. He is best described for his love for helping people and community building. Vic Fitzgerald's generosity knew no bounds, whether it was taking low-income kids from some of the city's poorest neighbourhoods on a field trip to Montreal, teaching a youngster the mechanics of laying down a bunt on the ball diamond, or fishing for money in his own pocket to outfit a child with sneakers or snacks. He was the type of citizen who builds a community, who gives without an expectation of repayment. There are generations of young people who grew up in the city's west side who will reflect this week on what Mr. Fitzgerald meant to their lives. It would seem a fitting and long-lasting tribute to Vic Fitzgerald's contribution to Saint John's youth that Common Council consider renaming an Freedom Court in his memory. It's not an honour that he would have sought, but it's an appropriate gesture for his decades of contribution. SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 ---- — I Ect1:3 Motion: That Common Council approve the renaming of Freedom Court to Vic Fitzgerald Court, in honour of the late civic minded Victor Fitzgerald Respectfully Submitted, (Received via email) Don Darling Gerry Lowe Mayor Councillor, Ward3 City of Saint John City of Saint John SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 4L1 I www„saintjohn.ca I C.P 1971 Saint John, N. -B. Canada E2L 4L1 349 Received Date April 04, 2018 Meeting Date April 09, 2018 Open or Closed Open Session His Worship Don Darling and Members of Common Council Your Worship and Councillors: Subject: Lorneville Marsh Brook Crossing Reconstruction Background: For many residents of the Lorneville community the Lorneville Marsh Brook Crossing reconstruction remains a top priority. A public meeting, which took place on Feb. 21st detailed a summary of concerns, that residents are requesting support in advocating for. In brief those concerns are as follows: 1. Advocate/communicate with the Provincial Government to request that the Department of Transportation and Infrastructure (DTI) reinstate the roadway crossing at Marsh Brook to the same width and configuration that existed prior to 2013. i.e. two 12' wide asphalt vehicle lanes; two 4' wide paved bike lanes; two 4' wide gravel shoulders. (Note: DTI reconstruction plans specify only the asphalt vehicle lanes and gravel shoulders - the crossing will be 8' narrower than it was before). 2. Request appropriate City staff to meet with Lorneville representatives to discuss other concerns raised about the project (e.g additional street lighting; speed limit signage; detour roadway repairs; coordinated traffic advisories, etc.) 3. Request for Council to be updated by City staff on the status of Mill Creek Crossing design, commissioned by the City c 2011. Motion: Refer to the City Manager the community concerns regarding the Lorneville Marsh Brook Crossing reconstruction for review and report back to Common Council. Respectfully Submitted, (Received via email) Greg Norton Councillor, Ward 1 City of Saint John Mot SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I www.saintpohn.ca 0 C.P. 1971 Saint Jahn, N. -B. Canada E2L 4L1 ----•----- K�791 M11111101,11-0 SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I CY 1971 Saint John, N. -B. Canada E2L 4LI 351 COUNCIL REPORT M&C No. 2018-103 Report Date March 28, 2018 Meeting Date April 09, 2018 Service Area Growth and Community Development Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Demolition of vacant, dilapidated and dangerous buildings at 126 Main Street (PID# 374173 & 55033658) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeadCity Manager Rachel Van Wart A Poffenroth /J Hamilton Jeff Trail RECOMMENDATION Your City Manager recommends that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law, to arrange for the demolition of the buildings at 126 Main Street (PID#374173 & 55033658), in accordance with the applicable City purchasing policies. EXECUTIVE SUMMARY The purpose of this report is to advise Council that a Notice to Comply was issued under Section 190 of the Municipalities Act (now Part 13 of the Local Governance Act) for the buildings at 126 Main Street. The hazardous conditions outlined in the Notice have not been remedied by the owners within the required time frame and staff is looking for authorization from Council to arrange the demolition of the buildings. PREVIOUS RESOLUTION N/A REPORT Inspections of the property at 126 Main Street, PID# 374173, have revealed that there is one building on the premise; a three-storey, six -unit, wood framed apartment building. In addition, at the rear of the property, PID# 55033658, there is a large, two-storey, wood framed accessory building. Staff first became RM -2 - aware of the property's vacancy in December 2016; however the property was previously subject to the Minimum Property Standards Program for a number of years and the apartment building sustained a fire in December 2012. The property is located in the City's North End in an urban centre residential zone. The apartment building is a hazard to the safety of the public by reason of being vacant and by reason of dilapidation. The accessory building is a hazard to the safety of the public by reason of being open, vacant, by reason of dilapidation and by reason of unsoundness of structural strength. For the reasons described in the attached Inspection Reports, two Notices to Comply (one for each PID) were issued on October 10, 2017 and were posted to both buildings on October 11, 2017 as per section 190.011(a) of the Municipalities Act (now section 132(3) of the Local Governance Act) that outlines acceptable methods of service. The directors of the company were personally served with the Notices on October 23, 2017. The Certificate of Registered Ownership for the buildings lists a company as the registered owner. The Notice provided the owner with 60 days to remedy the conditions at the properties. During this time no appeal was formally requested. A compliance inspection was conducted for both properties on December 20, 2017 which revealed that the conditions which gave rise to the Notice had not changed since the Notices were issued. Staff was previously proceeding to Common Council in January with the recommendation of a City initiated demolition, however the property manager obtained a demolition permit which prompted staff to pull the previous council report. Staff provided the property manager with one month to complete the demolition and the agreed timeline has now expired. Attached for Council's reference are the Notices to Comply that were issued and the affidavits attesting to service on the owner via posting and personal service. Also included are photographs of the buildings. The Municipalities Act (now Local Governance Act) indicates that where a Notice to Comply has been issued arising from a condition where a building has become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, the municipality may cause the building to be demolished. As required in the Act a report from an engineer is attached to each Notice, forming part of the issued Notice to Comply, and provides the evidence to the buildings' vacancy, dilapidation, unsoundness of structural strength and resulting hazard to the safety of the public. A copy of the letters advising of the Common Council Hearing date and affidavits are attached. STRATEGIC ALIGNMENT Enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law aligns with Council's Vibrant, Safe City priority. M -3 - SERVICE AND FINANCIAL OUTCOMES As is written in the Municipalities Act (Local Governance Act) that a municipality must commence in the proceedings of remedial action, approval of Common Council is required prior to starting demolition activities at this property. Cost of the demolition work is approximated at $20,000 to $25,000 and will take about 3-5 weeks before it is complete. Staff will seek competitive bidding in accordance with the City's purchasing policy and the cost of the work will be billed to the property owners. If the bill is left unpaid, it will be submitted to the Province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The City Solicitor's Office provided ownership verification by obtaining the Certificate of Registered Ownership for the property. Additionally, the City Solicitor's Office registered the Notice to Comply with Service New Brunswick's Land Registry. ATTACHMENTS Notice to Comply and Inspection Report —126 Main Street Notice to Comply and Inspection Report — Main Street Affidavit of Posting - Notice to Comply —126 Main Street Affidavit of Posting - Notice to Comply — Main Street Affidavit of Service - Notice to Comply —126 Main Street Affidavit of Service - Notice to Comply — Main Street Affidavit of Posting - Notice of Common Council Hearing Letter Affidavit of Posting - Notice of Common Council Hearing Letter Photos —126 Main Street Photos — Main Street B: RE FORM I 'N'0111CV10 <�OMPLY A ct, 1"Arol Idonflifier: 374113 AWIVSS; 1261 IP UiO SUC01, Saint JU111t, 1`'M'4'"W Name; 1l N4V CAnada Inc, FURRIEUT 'I AVIS DE CONEI)ON110" (La"nr ks mankywiWgev, 1,11,-N,41, de 1973, cli. N1 -22, pa jr. 1910.011(w3)) Winkre d'Identification de hipareeflp. : "1 4'1 71 Atlres%e! Qh, nx Main, SainNt John, Noqtveau� BmWok ptopri&ahv(s) ou OCC11pa".1(s): Nvto ! P'MV Canada-Ine, A;ddres-,w �'�006 F(xvst 1-1:111 Road, Freclericton, Ncvv, Adresse � 1006, rue Porem, Hill, Fretleuric tan, Uninsm0k, 123B 766 WAdp0hy Wing notice: Ci4x of Swird John Bylaw Carch ownert &Wq ON) Preoxv4ws qd hn1db,q,!,Y and BY - 41m., Nunfl""T'er N4-3,0 and (thc "13y- 1owl, Pra%%6) conhwesed: Parapson 1, (A).0 [ ip I ), 190A 1 (L I ) and 19110112) a F dw Hunio,pafioiey ?kq and arnendinerata therm. Descripthin of conzlHian(s); 'fhe prunjse j�, t11,1,,;jgJ1flY by pen=ng junk, rubbish, rekne and as WbpWand hILddriFig 10 J-Q.J'Jt,tifl()n 'Ile 'HIC tanS N%omc as haard h) Me Well y of be pubhu by nmsmi of being vocaid or unacoqicd And hzis Wome a hazard to 111,a2 t,'dcty of ttic Q& by r`omr of dilwAbdow Ile c,c,indiflops of'the Liuikfi�l'lp and I'vernise are &'W'ribcd In Wduic W a owe oral y of Me IspzrAn rqon diitcd Ocudier 10, 2017 pmpm-ed by Rwhivl SIari W'art, LIT, 11daw Offifeer, ne-,vievic(I aril concumed in by Any Poflort) onicer, Remedy or rvinedies reqWred: T[n,� cvvvner, i.q, to, rvrnady the condi0ion,s by cornplyWg 001 It!, reqUired ronahad acbms of We aRnamenHons! inspeetkai mport and brinp, [hc hoi,ldoig and, [xv W, boo campHatwe Wilh Vaca: rlanaa,,arra1111�-lrrr. In !Q cvent that deem owv,Qr does nol ren,'iedy Che eondilJori of the bading and prernises, in 1-hQ (nne pnonbud by Mis Nwivc m, Me Wildog tajajy he demoUted as the CarrW&C action to address the h,azard, to the sa[� Y�public atid, IJI("' Premises May liv, c1Q,aned up. In Ove event of W&W, ;W Wris aml Rmns on the prembes "TI be dipwee d 01''as the conrcx"'I"Jvc aawn 10 nddrwec Aphlynet'l No I hm—BA—F I h. ..NW. WiAdfinNi Agisifiant 1'avk °: John WrW cnwdnt ale 000, N;nt?j't',0v' d(,Phel' ArrW a i osi (I w s cs rlwdd , icatk�,',ns ci-aff&emes (F q, Arre'l6 0,, Dispr)sffian(s) enfreitiw(s) I Aos, liziragraphes 19MUM 190.M qL]) car panign-aplic 191(1,01(2) de La Loi smr In, munko=&, cttw les 4IfrUCIAC, WalpNon de la (&5) cotidition(s) a Ixs lic]"IX WSMOQuos on purnmamit !a pidsonce de ferrnift, de ddrims et le bAdmieni OWE �Le Wine* em dr mnu dangereuse pout lzi s6cmrit6, (lo pyo fi,,,,&: du fair dc son Whabjulion cm de smart hioccupacion et am dennu r1 ria arao rr pcnit- la (lu 1xil')fic du ffih de san dhabtvmmI. L,t s condiflon's draw 11twillAC111 CA des heux sora d6 r% A I'airnexe v 0, trio copi�' cWbrrne chi rappemi crinspectkmi en date du Itt txtot,-tre 20,17 et pr Whel Van "Who, IS, unc appme chargd de INWho hs aneds mordeomm, 16visr cn d'accorde mme par Amy INFIhmeM, hg - Una, agaVe chiar!46 de des <in'61& nunscQux, Nfesiijre(s' -Ai Ics, con,diiiong alxx du nMpml d'in.,q)4:aiovi misinvook"nino ct d,%irn,orter' dc bwonoo et les ln"-u�x <m avec Dans I'dVelAuNd que la p�,ropri&tairc o,,Lrc'nUldient pas IC Usnma el W heux dans le IrF111-ys Par le pr&ra a-vix dc ccaf%W, le 1,,,)Rflrncn( pOUIT'10111 k1tre d6nobs ommirne awmira con,ecove conyme join qMJJ �-qml1svntv rror dangur 1'a SNnirit.6 du public r lo's lice x 114"lorront etre aIUIRJY6's. Ilan, 1'&,-rnoahI6, de cl6nofifion, to,us le,". d&hris C't amms iterns sur lchoux scront dilpos6s cmiune, I . WMS OM MC pwrnius do nm drWde lhecavryLoult Clu.,Iw up, ske rehabihw,O�on, rcsi(s,),nazion of Inrid, promises cur. Per m,11,1A I'voporty r.,�T 4:1,111er rertwdial actimt in WACY to conaul or rultme, elf-tAnole the Moos, aWr to ouravr of Irlease cwthe reWase or aRy voulmilaw itao or ulx)n i be endronmem parl, oftliv Onto hy nhkh the runaly or rern"Jits ninst accur: t a) I lay dcon0b)(,po of flic budding, alta anqp of We I�wotierly,tind vok,,tlud rmnedics num be compide, or phuw aind pound apphcalkms Q mpair rek"Ited rntist subrniucd: wJ(filin fif), dayc smvoxf w0h the NO% to Comply. b) T[ic nopair rcl'aled ivmafin irami be compkw midiin 120 days ol'being, swNvd x0h rhe WN to (locry, Y. Date 1by wldch vofiee '111AY lie itl")PO1,10d; WAS 14 1x -i 11 � '! &ervad I i Otc, 14 ori ce to, A Pa -MOM to appNiV Tfie awner may ani hin 14 days aner having Im wrwd wit ON TWA iv,,) (7,orivply, .iead a Notia ti Appeal by ragimmW mail to fhe Clerk of Thelly; of Saho John City Hall — 80 Fhoq 15 N'larkel Squirre, Samar[: Johm, New Brunsm, Wk, R2L QL Pateittial penally For. 11OFFIV0411pliance Middo specified fimcz Paragraph 199 1..111'1 of W AMMloWn Au Wes that a 1taOtIkIllM,10 fill k 1,0) (,'onitAy, ixith the Wim of the Noake to CoQ1), gJvQr) Under Scetkni I 90A I I of the sid Agq ccmnaliils at) ofllhwc W Q puy0shable wider 11iri 11 P#�"w""Os Act as 11 category F OHM, Wh,crci "113 ofl:41rx Unkr pamgarph 190,03(l) N)ndMWS RW nxWC don one Wy the U50,1141ra filrw 0,10t amy be in1pased is Q nodunim fine set by4he 1%4avoul QW=s Sovahav AN Or a cawga, F MAce vraririp�picd by the rAlnibetl ot, clays dwsw Which flx,.s ORAWO Cominues Imasumm to suhpaxapmph 0,0 MundoWlifN audsorhy to undcrtake rypairs ar ramedyn Suhpam;Rraphs 19R04(l)(ai, 100,04(l)6Q) and 190.04(i )rk) uf A, mates 0.1al if' a Nolicc Io has been yAn tander sear mi i go A I I a r the sad Act a m d 0 wl an ow m ar. 1!- nocitpi eR. does not ccunply %Th the NoticQ to (exrrpy, as deernL-d Q,oW)vnic,d or as�, cotiRmcd or modined by as of "wadi (w a judge under sechon 19RA21 or vc NAd Act, withiri Hie arra et o.prrr,in Qw, Notkv, 1.)o, the all"11"licit,xdAy 1'aay, ca,,uisc the premis'es 01,11MI 01' V1 moms hetivs� Sur les [ictlx ne Q011PI'V111,1cul pas le ndloyagc, Ift remise cm Maar deheux, des rQrr-zun!s ou IS bons PO%minds (at MUIC aWTC MCWTO COM-CCAC dams le but & cr�:inu 61or au de ANK &dktrrher [e d6vo-,"'cirlenk, C[C It mode de, d6verseanorv. ou fe d6vemcmuut 011'Un POHM1110, (1411S VIA N,`uF` 1"envininnernent rni imne panle de VeMonnernent. DMIC 6 latluelle 1A Ou les Wia 'Ures doivent I'Are Pikesi � W La WMAkn:i bi"it'Jawnt eJe nertuyag(,�, des fiCUX Ch)iWld 61C ,�xt h h"wfudle Jos pWns are. darrumde de pm-nS paur As niesures des r6paradorrs, doivenk 6re saurrdqe, d,arrs Ices 6,0 joars qui suiverri 1n s ign i llcai i rmt de 'I "a v i ,� 'de CO I'll forl"n ii 0. IS) [,,esti ra,pjrafioiv; rch6es atox incsuras doivCRIL 640 COMPIOSS AW lus 120 jvWS Q suivajl,l k"I sign il'icalion, & 1 av,5 de Coll fi:,rill il& Date h laqvdlc umappel de, 1'avis peut Mv rel po& Wns Ws 14pum quisLd:�vnt 1a de roviq de Wkwidd, Proeeq5us Wappel : 1-a ptvprim tai pettx alar.im tes, 14 jams qW suivoo, la, rwfification de f'avis de 4:,t,lr&;rrn% Lxrvoyd u4 cavi WappO par "minier ir<ara,r,:aarrramairaa°1r a In gvv11`J,6-Q ono,miumalle d(;� hi Saiml Jr-Ohr.l, F°xiffk,.",e (10 de vik, S" dage, 15 Nlarket Square, Saini EM, 41"1 , Ip aWk rmsdMe pour iton-ronfarnii(6, darle ON prWOM: ; Lc-; paragnphe 190,03(l) du la Loi,vzer 4nv wunicipohk`s �,xr�'voit quicortqUC 0111ol, ale SO (,Q1t6or1D-err aux, exiguarces fix-irtul,&es dans un, uvis de carifornAd,, 1101416 aux lorn'tes ('10 I'ar-ti,Qk! 1911,O11 rk�� ladile lanai, emrinet une h9lMmi viri ca puniambi on vout de ]a 11whe It do la Lai sur Aa proMM eqWheahk au,� fi ritre d infivraction de la dasse WroqWune Mochon p%w au pampi"m 14TOX I ) M: POUMMI POWAM Phis tF'rine Joill"nek", l,aunondc MitiiiAlifle qui INVII, OWO WqNsde est ramtondc IWArmflo tn*vrug par ka Loi sur b'2 applica,hkd�,nvv, iqfi pvul- rtXC Met= dc to chne F irriAbOde par Ic nomlav de Jours, porda"m lesqueN l"lrmlrar.iirau; ;w pad°uNm ,,mil. Co 11 forrapL" 1! 1 wr I ( �q I `,al i n,a 1,111 11:111 Penivnir de In miunkipwlitk, ell(,trepr .W1(I i les ripstradions ev de "Prcadre lera Co n f`6 1.1 n6lre7, I 4ilix afi,n&as J 90,M( 1 )(4)), 190ALU I Q-1) 1,90,014(l ),('b) de la bw sur �,a A un avk de cmidbrogM a Nd sWAR6 aux Wrtlws de I'arficle 8.1, 0.0 11 Cie Wfitc foi el, (tilu le pri,,,q)ria ktire OU VOCCU1,10111, 111L' se coriftwitre pas ,I col aQ de ,:arm bmikrd dans to d6hi impard of wl qu'd c5( r6pirld confhi"n6 m.,xi tol (lifil est, c,�)nfirrn6 ou modQ, liar, tat Colak, rJtr cg')nSed Ou juuzc Qn vou d', I -nunic pa I I ly � Da,ted, ni ni, 'It"Awl Chu In,y of October 2017 Vonicipality: ThC CTIY (A'Sai,ffl 101111 Sj gual u tv u f M uh cipa I MO uur,., Niumicipal OF111cer'sCiontairi Natvw: Vari W'atl, E11" Mading addrvss: Wmah and (Mmunly 150apnea Sovims Ile C H y af Swini Jah'i 15 Maact Square Ci"[y [Ivill 11IJ l(lit.-Ig, I 111111 r",IwE P. Q Rox 1971 E21, 4 L, I (506) 658 29 11 ''I'viccopter: (306) 632-6199 All rpjvoprhtt,,° j*eiiMA mum Inc Min nil Ycgkhflott rnw,'l 1)"'a urmqhul With hi we cMMw Onm"wv Ow Mc 2. NYMOM: 01 Me Ihw dws mo Whc ^war WQadun to wmlply "00% Uslind'ald Orn't5n,ce n0 Offl"")Iy dcb' ko W We Munklally and nmy bc Mcd n) www nxkvwwL,,u ou :oul sciro, ) B,t char�;,�e du PMTHdMkc ou, Cie ct (Jcvk,,,,nvn wil! une w3'&ORGC dC,! IZI 1]1LJnici1,,)aIi1,6, Fait AAinl, jk"')NI I"cocioluca, , I ". : '11DU ('itjr ofsaim J'.Iht Signature tle 1a vepr&SANJAI.111W� 1:111111icipalc� S *,� to repr6senlaw aluldtipale : Novii . KnlQl VAn WwJ, IS Adrvssc poslalv,- so-vic.'c' I lay(""ity Cif &91 jjt J4)],Jjj 15 Nfiirket Sqw,are J�dificx de I'lliMiel de ville, ID &ap,�r, C"ase pv?-�(ale 197 1 1...21.4 1. 1 (506)f558-2911 1'060(�)Picur : (5()6) 6312-6199 Scemi de A wamApOil Nvwv 1, lhmt� lo, jwrrnis ptoiailx 4trv. 4"Axno,,, ti I(apc, Id WWWMwn pr van,trfle ck'lil'kl'r mcwwc de wcow� 1 Lx pkMMU da rmnaWc Wamvfls, V��,t3 I'N%V"�won dc rnprcicr' I, ,unW. 1& I lon ne f,l 11 Q d vi, ti17 cortIkTrvrJ Ia, i" dM w"a a MIC&COC civem b ;nun UPM, pCUOV111, IM 9MUS cl paybuhl. 126 Maln Strect AWS —10"way qf Saint John"IlIqn1swick 4-- a� t, a, 11111u ., VID4 374173 I aspeadon, Dates: September 20, 2017 J% Mumber 3, 2017 S and 16 Micer, Inspeedon Canduded by; Rachel Van "'aw Q KIT Introduction Inspeoduns of the pmy at 126 AW uv t, PIN 374171, luive mvealed Out thmm is one budAing on Lhe premise the '4Buildingll),; as (ItIve-storcy, six -unit, woud ftanled apadumnt building, Staff first became ",rume of" tttc pivpc�jtyls v�aca111.ey in Deoctrti,ber 2016; hovvever the property wals WAMMY NOW to the Mminaurn, PropcO:y Standards flrograti. ftn as nurnbeitfl'years., and suoWned a fiye inDmc:r)�Avr 2012. 'The property, ig loca,ted it) thojC'Ii�try° , North EXId, i,tl mi intan."entre residontikil zone, The Hulming is r& hazard to dw safuty o,f th,e public by rcami <,,)I *IJe4xg Vacant &,i�id 1.)y reason of Discussion The BuUdhg is not in comph.ance Wilh, the "Sain't f insightly prefWSes �omf Dangerous flaildings and Strucftv%'�%� I�y-hnv, Bylaw NumIm- M,p30,, and amendrnenis thoroto (4,w "By-latw"), Unsightly Fireomise ComAidions Subsed ion 19MO) of We Municoo alWay,Meet lKates., No]�,ars()n shall pen it; prom6cs owned or occupiod by liiraa, or 1,1,er tr,) be WghUy by Penn hing 10 IvIn.,ain on any pad o C s uch pivan isc,,; 61) any ashes, junk, rubbish or refilse; (1) can accumulatJon of wood paper,, or oflier reNidue: qJf' lm,txhwfion ear, constnte"tion; (c) as derelict vt,hiole, quipmcnil, 11.1achinery or the hcxty of any part of u vehicle eqUil)111u�a'tt Or muchinery, or (4) as MoWd budding, k Thmeaccumt0adon c)f junk, rubbWi, and refluse ot-i tlxe property. 'r'llese hems inclode, but arc nol liarited to; Am, childrori's toys, S,-(A'CLISfiliaro s, televiSioll, t.aaala , cmpos, bQvic, d&UaMzd hOUSCII01d itcIIIS 4111d as $igild"Icara aft'voLint of and loose garbrip bdmreen flie Njilditng and the: zear SKI struOvm, 11te atbrernen do nod MCUMLdMhun of junk, robbiAi, -and mfuse ia ansightly. is dQidmd, The Hudding"s exier ) ic r c(�)fasi,sts, of a ixiixti,ura of W"COUderi, cb,,"i,dlino g, rnelal siding, and mWen Wages, AN windows on the 1141(otat axe boarded,, 0n ttwereinaijxier of the Buildtingl, ratimerous third floor xvindlows am broken and Me No% of smond Mor ",,vidows are boai,Aed. I here are algae stains on the roofing shimg1es on Ile e ftont 1'r.W!Kfe of the AM% "The woodan clap1mards andtrira awe pedkW. The rear Maircase is missing T]Ievz- are racoon, (]M'n the lxlt sti:drcase of the Mlrfldinp SubMan 19U1(L1),of NO Won shall pennit a,'buOding or sork.icturc owrte d or Occupiod by hinj or her Rbevnne a to the S!af(,ty of the pubHc by remon of being vacant or unoeppOd. 1'ha li tardrNicnp is hazard tco the salby of the publk of 1"w"ifig Vac"an't or Uno,ccupiud fin- the following 1,00SC"I'M The WHIng ms fiound open on Septen bcr0, 2,0'1'7, with aoce,,", to the entire building, thmugh an Fnain, floor %vindow on, the right sido of the Building; the ply),vood, board bad t)eea rcn)()vcaJ, tnspoctio:n :staff eontaded the property owner arid pnnuped ewring of the BuRding "tioln. wa.,; cornpleted as the 13u,ilding was sccuru at the OdWr 3, 2017 inspeuiow Buddings, that are in a cldapl&ftil coodidan and laR unsmaired, rlrprn pijbIlic entry Oan ottraot v,aaukflisn),. ar,<xmi, or -crirninal activify, An interior int�peati4!.,sn offfic Hudding Wad :i, Sanaa of vandahsm, and tmspassiti.� g . Rocks were t�)tjnd on (he tfi,ird floor a r the Building, which were thivivri arul used to Kreak wi.ndow's. 13eer uuls, cigarette bulM, pfUs and ILtt�a-afriti were also present in the Building. Thr ehas vc Won two poHce ivports filod rq,,gwding 01,C, Buildirig; one in April 2017 rcsard4tg chkidrert pPaying in ffic 1-suilding, wwthex report, in June 201", rugard[ng tocnagen, gMnWg entry todo drugs. The ;it of Saiiii kVai Fkiance dr parlra=t C011firmed Itua flie watx!xhas beca turmad off since August, 20,16, tri addition, szlint johj,"I, (,onfirnied thut the power has becri, disconnected shwe My 2016. ha addificm to bOng as hazmf to the sakty o-fthe public in the sttrrounding arca, t1i,is vacant building is also as major blighl affecting the qua1hy of" life in this residential and diev-,alues neigh bori,rig propertle's, (lue to negaM pWVqAkwS of unadi skater iamUng buHMngs,. Thorc i'sas [tigjnc';,r risk of an Rre event occurring al the ptx,)pCmY' 04 it Previously smstabcd a We in 2012 and Me it is kiiown to the pubfic, that 11,w Building is ,vacant. Vie rear, 1`1o,or unit suMrcd heavy fixe, Smoke and water Map due to Rmfightinp,, adEnts in 2012, these conditions reanain ire the, Building. In addition, t prxapert),, is wtjwent to 120 Main Stroet, as three -unit bufldb% Hutt is, ands .m';),vaa,Qanc and boardc& Across the street fratn thOe,13"ailding is 101 1 U, I 15- 117, 123-125 and 135 Main Street which are all boarded wid %,acaat Nildirigs, Duc to the 10gh vi(,flunio ofi)eit�,;,hboring vaeant properties., if as fima uverat wcrc 'u) occur the Bbilding, ncighl-,soring cifizen,s orlay w'pt ii,otke the fire tinfil h is Um 6W. The Bic Wd So iquemi to tho ncioibodng propo-taw w1rich Wotild causo Signific"ani: daniap to tho building, 3. ThCre iS as kn(IJJCrn flor catferge*rwy persaimet saf6ty I die event of aii Qlalergency. If sLjSj,)e'0 tbcretnay lie people inside the 1311iRfill1g, it waWd he rasmmble to ex[, ed th may be rmphvd to ada- I Ito conmon ofthe ijate�iior is nol knoym to whtch pose as hazard to, their Safay and othxs who may 1,)e inside in the event ofia fire, Titc inwrior insp(ection ftlttta,d tnara amcnta an nrcarrrrt of colls"truckorl, 1-miterials arxi hous-thold items St, mm throughout n1uhiple WAs throughout A uSling. It WHO, the boar(jtA'windows aw),docirs thrcm,;hout the BuOding romy Qause exiting is',suwi in the cvmt of an antzgency wilin the Rmflding, These, ifenas and hivards 04"PlUld Mqtrfel lbe nxjvl�1,110,,M Or CMISC 161JUN`yl tO Crya(�qzency personoi3O Annild My to to Q entry, Subsection 190AIU) Orme Aet Slam No porson bliall pandt a buHjjijT.jg qr stju,cttArC 4':r,Wjacdj ort,ecupicd b y,- h i m Dr her U) btuvrie a I,mzao,rJ to, 11he safety of flie I)uhlic by reason (,If I I ap id a Zion or un som i i!,i (,Iness Of Stru CWrAj stran g(l), The BuWng is a hazard to the Wily of flic public by remmi WAIspidathm Or Be IbIlowing rcaRmn- I The Wrior, of the l3uRdIg bus been Whi I at state of dilapidat% arml (lisrepair. The ArM Wr bas sustained substmitial 1-irc dainqgTo to lhv rear L1114 with insnhxliort banghg Mna edling, vipjing r�)n dw floor, wood flooring bucklom,l:, water dainage fiom firchgJaing efybrts,and a, layer of charcool black, film on all swd:40CS"I'Lle [roni unit of the floor alstis ,wslitincd smoke damage Rom the fire in 2011,'Fhfl,� unit appears to be Usod as Wage of vansduction iumbals, with. doors, lig1ifin,& p"'ijint, and vari,(-rLls Olboroj�jevts Stored aVitbirl the Unit. Stud Walls ave exposod, and gyproc on, the walls Imams Iven rerriuvvl with lathe c-xp(iisod. "I'liere is walct d,atnriitkw, Illrol, 10"I'out fleet` unit where "n--)oden, nion,)Jxis ave , atcr staincd, rcol'tan and d0i'iJxswtvd, 2. A the seamd smy, the WIL Ullit iS N11, O,fCfiWCtrded hOu$Cjj()j(j and lywbalc coveing the entire Boor. 'I'he vi�ihanc of debris was subaWal in that inqxxtion sftaff,%,aas unable to enter the uivit, '110% dc-bris WOUI'd restria the ability of erneilancy pursonn,el to rospo'sid to ""m fiacidell"t Whir the ffiaildihg, 3. The didd sMrqy rear unit Ijras Men wMaws with shards of gkiss remaining on tho, flctu' in addition to the txxts thrown to, break tite WIndow Hwkeri g[ass could, cause injury u.') thq,)sc who nm y entctr the AM& Ret'juired Rentedial AdRuis The ownennust cortmply with of 01C two OlAiolls Stalecl below: Qjxrfop p� h Wamly the condThuns cof Cho Budding throat lm aO rqmir and rennodkal acHons 4,�, lOWS: I. The 13,uilding mm uo be must be compidely rupdrod, ta remAy the ahow mentioned hazanis to pubfic wfiilav nteefing the requiremants of the NeWrAned, lluihfing,� CeAic° q,,f(,-7anm-h,,z (201QI as xvd! as, all other ahpplicaWe by-laws, L The iBuailding naust be maintairxA, kept scame, aind, monitored, ati, a, routitic basi,,� ltd le the property 01, UhOwupied. 3, In delailed plan must "be submitted to the GTowS and CatyairLinky 'DQvel, 4,.,p pliq ,jent Survices Departinent of the cidy YemlSain't'john (the -I)epannxnC) forreview, and approval. '111')a. P& Should also include scheduiQ ti,)r the wo,rk that is t(,, lora canicd OuL The repaired, Buddhg must tneet the Nariorful )5uihhJjA! (7o, Crviada (201(�) as well as ottw-r aj.)plic�,Ible codes, 4, 'The ddailed plan, indudog Sd3k.-dIdes ancl any an,ginoering rcjxvtsawma lie ajaptx.wed by tlio MpmnmaW prWr to emnawraWng rqmh-wm*. 5, A, [)i,dkfing penriit ix!i,ust be obtainod Q army and all applixable work, Plior to J ' Oily and �fl rubbish t,'hat omky bc exmisidcred, fiazatx1ous or 'urlsightly, th,e J�nojndsc rnust, be ffl�po&,d of at an exp proved 8,olid waste dispusal site, in acvc)rdaxw� with 411 apydicable hplaws, acts and Omt Mady demonstrates ari, a1pproved w'istu disposal site was uscx] 1,`or the Msposal of d6bdi, imum- be govided to thDepaxtnient, The premise iowst comply with W! aRglable Bplms, Acts, Codes and Regulatit',pns, Oph,"ton, 2.- Demolition af the 13aildirl.(.l alid Wmanup of W1 d6bris on Wm promsby corniflying with ifli the acfii.aJas a's rollows: I", , 'r1w Buil.ding must be deom-),filshcd to, rovlovc The Ward W the safety ofthe public bytvason r5l, and l,,,ay r,i,l'bcing vacan't or un�,'5<x.upied. 1 A dunolitkmo pennit inum b()blairwd ffi)ni the C)ty of Safl:nt John, in order to corrq�'rIy'wk]-i the SainlJohn fludding, 1�y-lmfp. J'hc rircirnisc must be cleared of the dubds Frorn the dcn'uflifian and, the lot rrunt be madc, renscmaebQ KM gode so as to not meme a Spong c)t 1",alling huml. Mill defori!s rnus( bc dis"posed Ot, at an approved rakdid 'wo.ste alai pos-al sitc, and iro, acuwdmxe wide 01 appEcaWm Hy4aws, Auts, amd Regulations, lira urnemcd, proothat ClQaxly d'u-nonstralus an apprxived qohd wx3tc dispxsal skew-z.,is used 11)r t17,C (jjSrjj()4,4d <)f debris, mu0be pro,vided to flac I)epartincim, 4, AM ddbds that is cur iently on Hie pimimise musl be remcmed arul dj,spma,d ofat art appomi, sohd waMe d6pumd W and In accordance w011 all applic4ble By-laws, Ads and Regulmions. Docurnented proull that cleady demunmalm an approved sohd wash: thaposal sd(c, was umud f6r, tbedispasal, of debts, must be Imovidod to the Dqpartnent, 5, The property n'nus;i taws in colnpfisulcc vVith, all al')pficabIc t3y-ka'ws, Auts and Rq'ukitioms, PNpwvd by: � �&ry c "?� k'ph ".& " ', V11r) Wart, 6'r l twat 'I'Vchn,ical Scrviccs�,(Aficcr Growl''I'l and Conw,mitnity 13evoopimetit services Raviewed, b,y waned cotmurrcd in by:� RoM, ,,.A ........ �BuRdog jnvPEngNIBAtxly ccmr DepQr CornmissOner Grovvtb and Conirmcnity FORM I 'N'0111CV10 <�OMPLY A ct, 1"Arol Idonflifier: 374113 AWIVSS; 1261 IP UiO SUC01, Saint JU111t, 1`'M'4'"W Name; 1l N4V CAnada Inc, FURRIEUT 'I AVIS DE CONEI)ON110" (La"nr ks mankywiWgev, 1,11,-N,41, de 1973, cli. N1 -22, pa jr. 1910.011(w3)) Winkre d'Identification de hipareeflp. : "1 4'1 71 Atlres%e! Qh, nx Main, SainNt John, Noqtveau� BmWok ptopri&ahv(s) ou OCC11pa".1(s): Nvto ! P'MV Canada-Ine, A;ddres-,w �'�006 F(xvst 1-1:111 Road, Freclericton, Ncvv, Adresse � 1006, rue Porem, Hill, Fretleuric tan, Uninsm0k, 123B 766 WAdp0hy Wing notice: Ci4x of Swird John Bylaw Carch ownert &Wq ON) Preoxv4ws qd hn1db,q,!,Y and BY - 41m., Nunfl""T'er N4-3,0 and (thc "13y- 1owl, Pra%%6) conhwesed: Parapson 1, (A).0 [ ip I ), 190A 1 (L I ) and 19110112) a F dw Hunio,pafioiey ?kq and arnendinerata therm. Descripthin of conzlHian(s); 'fhe prunjse j�, t11,1,,;jgJ1flY by pen=ng junk, rubbish, rekne and as WbpWand hILddriFig 10 J-Q.J'Jt,tifl()n 'Ile 'HIC tanS N%omc as haard h) Me Well y of be pubhu by nmsmi of being vocaid or unacoqicd And hzis Wome a hazard to 111,a2 t,'dcty of ttic Q& by r`omr of dilwAbdow Ile c,c,indiflops of'the Liuikfi�l'lp and I'vernise are &'W'ribcd In Wduic W a owe oral y of Me IspzrAn rqon diitcd Ocudier 10, 2017 pmpm-ed by Rwhivl SIari W'art, LIT, 11daw Offifeer, ne-,vievic(I aril concumed in by Any Poflort) onicer, Remedy or rvinedies reqWred: T[n,� cvvvner, i.q, to, rvrnady the condi0ion,s by cornplyWg 001 It!, reqUired ronahad acbms of We aRnamenHons! inspeetkai mport and brinp, [hc hoi,ldoig and, [xv W, boo campHatwe Wilh Vaca: rlanaa,,arra1111�-lrrr. In !Q cvent that deem owv,Qr does nol ren,'iedy Che eondilJori of the bading and prernises, in 1-hQ (nne pnonbud by Mis Nwivc m, Me Wildog tajajy he demoUted as the CarrW&C action to address the h,azard, to the sa[� Y�public atid, IJI("' Premises May liv, c1Q,aned up. In Ove event of W&W, ;W Wris aml Rmns on the prembes "TI be dipwee d 01''as the conrcx"'I"Jvc aawn 10 nddrwec Aphlynet'l No I hm—BA—F I h. ..NW. WiAdfinNi Agisifiant 1'avk °: John WrW cnwdnt ale 000, N;nt?j't',0v' d(,Phel' ArrW a i osi (I w s cs rlwdd , icatk�,',ns ci-aff&emes (F q, Arre'l6 0,, Dispr)sffian(s) enfreitiw(s) I Aos, liziragraphes 19MUM 190.M qL]) car panign-aplic 191(1,01(2) de La Loi smr In, munko=&, cttw les 4IfrUCIAC, WalpNon de la (&5) cotidition(s) a Ixs lic]"IX WSMOQuos on purnmamit !a pidsonce de ferrnift, de ddrims et le bAdmieni OWE �Le Wine* em dr mnu dangereuse pout lzi s6cmrit6, (lo pyo fi,,,,&: du fair dc son Whabjulion cm de smart hioccupacion et am dennu r1 ria arao rr pcnit- la (lu 1xil')fic du ffih de san dhabtvmmI. L,t s condiflon's draw 11twillAC111 CA des heux sora d6 r% A I'airnexe v 0, trio copi�' cWbrrne chi rappemi crinspectkmi en date du Itt txtot,-tre 20,17 et pr Whel Van "Who, IS, unc appme chargd de INWho hs aneds mordeomm, 16visr cn d'accorde mme par Amy INFIhmeM, hg - Una, agaVe chiar!46 de des <in'61& nunscQux, Nfesiijre(s' -Ai Ics, con,diiiong alxx du nMpml d'in.,q)4:aiovi misinvook"nino ct d,%irn,orter' dc bwonoo et les ln"-u�x <m avec Dans I'dVelAuNd que la p�,ropri&tairc o,,Lrc'nUldient pas IC Usnma el W heux dans le IrF111-ys Par le pr&ra a-vix dc ccaf%W, le 1,,,)Rflrncn( pOUIT'10111 k1tre d6nobs ommirne awmira con,ecove conyme join qMJJ �-qml1svntv rror dangur 1'a SNnirit.6 du public r lo's lice x 114"lorront etre aIUIRJY6's. Ilan, 1'&,-rnoahI6, de cl6nofifion, to,us le,". d&hris C't amms iterns sur lchoux scront dilpos6s cmiune, I . WMS OM MC pwrnius do nm drWde lhecavryLoult Clu.,Iw up, ske rehabihw,O�on, rcsi(s,),nazion of Inrid, promises cur. Per m,11,1A I'voporty r.,�T 4:1,111er rertwdial actimt in WACY to conaul or rultme, elf-tAnole the Moos, aWr to ouravr of Irlease cwthe reWase or aRy voulmilaw itao or ulx)n i be endronmem parl, oftliv Onto hy nhkh the runaly or rern"Jits ninst accur: t a) I lay dcon0b)(,po of flic budding, alta anqp of We I�wotierly,tind vok,,tlud rmnedics num be compide, or phuw aind pound apphcalkms Q mpair rek"Ited rntist subrniucd: wJ(filin fif), dayc smvoxf w0h the NO% to Comply. b) T[ic nopair rcl'aled ivmafin irami be compkw midiin 120 days ol'being, swNvd x0h rhe WN to (locry, Y. Date 1by wldch vofiee '111AY lie itl")PO1,10d; WAS 14 1x -i 11 � '! &ervad I i Otc, 14 ori ce to, A Pa -MOM to appNiV Tfie awner may ani hin 14 days aner having Im wrwd wit ON TWA iv,,) (7,orivply, .iead a Notia ti Appeal by ragimmW mail to fhe Clerk of Thelly; of Saho John City Hall — 80 Fhoq 15 N'larkel Squirre, Samar[: Johm, New Brunsm, Wk, R2L QL Pateittial penally For. 11OFFIV0411pliance Middo specified fimcz Paragraph 199 1..111'1 of W AMMloWn Au Wes that a 1taOtIkIllM,10 fill k 1,0) (,'onitAy, ixith the Wim of the Noake to CoQ1), gJvQr) Under Scetkni I 90A I I of the sid Agq ccmnaliils at) ofllhwc W Q puy0shable wider 11iri 11 P#�"w""Os Act as 11 category F OHM, Wh,crci "113 ofl:41rx Unkr pamgarph 190,03(l) N)ndMWS RW nxWC don one Wy the U50,1141ra filrw 0,10t amy be in1pased is Q nodunim fine set by4he 1%4avoul QW=s Sovahav AN Or a cawga, F MAce vraririp�picd by the rAlnibetl ot, clays dwsw Which flx,.s ORAWO Cominues Imasumm to suhpaxapmph 0,0 MundoWlifN audsorhy to undcrtake rypairs ar ramedyn Suhpam;Rraphs 19R04(l)(ai, 100,04(l)6Q) and 190.04(i )rk) uf A, mates 0.1al if' a Nolicc Io has been yAn tander sear mi i go A I I a r the sad Act a m d 0 wl an ow m ar. 1!- nocitpi eR. does not ccunply %Th the NoticQ to (exrrpy, as deernL-d Q,oW)vnic,d or as�, cotiRmcd or modined by as of "wadi (w a judge under sechon 19RA21 or vc NAd Act, withiri Hie arra et o.prrr,in Qw, Notkv, 1.)o, the all"11"licit,xdAy 1'aay, ca,,uisc the premis'es 01,11MI 01' V1 moms hetivs� Sur les [ictlx ne Q011PI'V111,1cul pas le ndloyagc, Ift remise cm Maar deheux, des rQrr-zun!s ou IS bons PO%minds (at MUIC aWTC MCWTO COM-CCAC dams le but & cr�:inu 61or au de ANK &dktrrher [e d6vo-,"'cirlenk, C[C It mode de, d6verseanorv. ou fe d6vemcmuut 011'Un POHM1110, (1411S VIA N,`uF` 1"envininnernent rni imne panle de VeMonnernent. DMIC 6 latluelle 1A Ou les Wia 'Ures doivent I'Are Pikesi � W La WMAkn:i bi"it'Jawnt eJe nertuyag(,�, des fiCUX Ch)iWld 61C ,�xt h h"wfudle Jos pWns are. darrumde de pm-nS paur As niesures des r6paradorrs, doivenk 6re saurrdqe, d,arrs Ices 6,0 joars qui suiverri 1n s ign i llcai i rmt de 'I "a v i ,� 'de CO I'll forl"n ii 0. IS) [,,esti ra,pjrafioiv; rch6es atox incsuras doivCRIL 640 COMPIOSS AW lus 120 jvWS Q suivajl,l k"I sign il'icalion, & 1 av,5 de Coll fi:,rill il& Date h laqvdlc umappel de, 1'avis peut Mv rel po& Wns Ws 14pum quisLd:�vnt 1a de roviq de Wkwidd, Proeeq5us Wappel : 1-a ptvprim tai pettx alar.im tes, 14 jams qW suivoo, la, rwfification de f'avis de 4:,t,lr&;rrn% Lxrvoyd u4 cavi WappO par "minier ir<ara,r,:aarrramairaa°1r a In gvv11`J,6-Q ono,miumalle d(;� hi Saiml Jr-Ohr.l, F°xiffk,.",e (10 de vik, S" dage, 15 Nlarket Square, Saini EM, 41"1 , Ip aWk rmsdMe pour iton-ronfarnii(6, darle ON prWOM: ; Lc-; paragnphe 190,03(l) du la Loi,vzer 4nv wunicipohk`s �,xr�'voit quicortqUC 0111ol, ale SO (,Q1t6or1D-err aux, exiguarces fix-irtul,&es dans un, uvis de carifornAd,, 1101416 aux lorn'tes ('10 I'ar-ti,Qk! 1911,O11 rk�� ladile lanai, emrinet une h9lMmi viri ca puniambi on vout de ]a 11whe It do la Lai sur Aa proMM eqWheahk au,� fi ritre d infivraction de la dasse WroqWune Mochon p%w au pampi"m 14TOX I ) M: POUMMI POWAM Phis tF'rine Joill"nek", l,aunondc MitiiiAlifle qui INVII, OWO WqNsde est ramtondc IWArmflo tn*vrug par ka Loi sur b'2 applica,hkd�,nvv, iqfi pvul- rtXC Met= dc to chne F irriAbOde par Ic nomlav de Jours, porda"m lesqueN l"lrmlrar.iirau; ;w pad°uNm ,,mil. Co 11 forrapL" 1! 1 wr I ( �q I `,al i n,a 1,111 11:111 Penivnir de In miunkipwlitk, ell(,trepr .W1(I i les ripstradions ev de "Prcadre lera Co n f`6 1.1 n6lre7, I 4ilix afi,n&as J 90,M( 1 )(4)), 190ALU I Q-1) 1,90,014(l ),('b) de la bw sur �,a A un avk de cmidbrogM a Nd sWAR6 aux Wrtlws de I'arficle 8.1, 0.0 11 Cie Wfitc foi el, (tilu le pri,,,q)ria ktire OU VOCCU1,10111, 111L' se coriftwitre pas ,I col aQ de ,:arm bmikrd dans to d6hi impard of wl qu'd c5( r6pirld confhi"n6 m.,xi tol (lifil est, c,�)nfirrn6 ou modQ, liar, tat Colak, rJtr cg')nSed Ou juuzc Qn vou d', I -nunic pa I I ly � Da,ted, ni ni, 'It"Awl Chu In,y of October 2017 Vonicipality: ThC CTIY (A'Sai,ffl 101111 Sj gual u tv u f M uh cipa I MO uur,., Niumicipal OF111cer'sCiontairi Natvw: Vari W'atl, E11" Mading addrvss: Wmah and (Mmunly 150apnea Sovims Ile C H y af Swini Jah'i 15 Maact Square Ci"[y [Ivill 11IJ l(lit.-Ig, I 111111 r",IwE P. Q Rox 1971 E21, 4 L, I (506) 658 29 11 ''I'viccopter: (306) 632-6199 All rpjvoprhtt,,° j*eiiMA mum Inc Min nil Ycgkhflott rnw,'l 1)"'a urmqhul With hi we cMMw Onm"wv Ow Mc 2. NYMOM: 01 Me Ihw dws mo Whc ^war WQadun to wmlply "00% Uslind'ald Orn't5n,ce n0 Offl"")Iy dcb' ko W We Munklally and nmy bc Mcd n) www nxkvwwL,,u ou :oul sciro, ) B,t char�;,�e du PMTHdMkc ou, Cie ct (Jcvk,,,,nvn wil! une w3'&ORGC dC,! IZI 1]1LJnici1,,)aIi1,6, Fait AAinl, jk"')NI I"cocioluca, , I ". : '11DU ('itjr ofsaim J'.Iht Signature tle 1a vepr&SANJAI.111W� 1:111111icipalc� S *,� to repr6senlaw aluldtipale : Novii . KnlQl VAn WwJ, IS Adrvssc poslalv,- so-vic.'c' I lay(""ity Cif &91 jjt J4)],Jjj 15 Nfiirket Sqw,are J�dificx de I'lliMiel de ville, ID &ap,�r, C"ase pv?-�(ale 197 1 1...21.4 1. 1 (506)f558-2911 1'060(�)Picur : (5()6) 6312-6199 Scemi de A wamApOil Nvwv 1, lhmt� lo, jwrrnis ptoiailx 4trv. 4"Axno,,, ti I(apc, Id WWWMwn pr van,trfle ck'lil'kl'r mcwwc de wcow� 1 Lx pkMMU da rmnaWc Wamvfls, V��,t3 I'N%V"�won dc rnprcicr' I, ,unW. 1& I lon ne f,l 11 Q d vi, ti17 cortIkTrvrJ Ia, i" dM w"a a MIC&COC civem b ;nun UPM, pCUOV111, IM 9MUS cl paybuhl. 126 Maln Strect AWS —10"way qf Saint John"IlIqn1swick 4-- a� t, a, 11111u ., VID4 374173 I aspeadon, Dates: September 20, 2017 J% Mumber 3, 2017 S and 16 Micer, Inspeedon Canduded by; Rachel Van "'aw Q KIT Introduction Inspeoduns of the pmy at 126 AW uv t, PIN 374171, luive mvealed Out thmm is one budAing on Lhe premise the '4Buildingll),; as (ItIve-storcy, six -unit, woud ftanled apadumnt building, Staff first became ",rume of" tttc pivpc�jtyls v�aca111.ey in Deoctrti,ber 2016; hovvever the property wals WAMMY NOW to the Mminaurn, PropcO:y Standards flrograti. ftn as nurnbeitfl'years., and suoWned a fiye inDmc:r)�Avr 2012. 'The property, ig loca,ted it) thojC'Ii�try° , North EXId, i,tl mi intan."entre residontikil zone, The Hulming is r& hazard to dw safuty o,f th,e public by rcami <,,)I *IJe4xg Vacant &,i�id 1.)y reason of Discussion The BuUdhg is not in comph.ance Wilh, the "Sain't f insightly prefWSes �omf Dangerous flaildings and Strucftv%'�%� I�y-hnv, Bylaw NumIm- M,p30,, and amendrnenis thoroto (4,w "By-latw"), Unsightly Fireomise ComAidions Subsed ion 19MO) of We Municoo alWay,Meet lKates., No]�,ars()n shall pen it; prom6cs owned or occupiod by liiraa, or 1,1,er tr,) be WghUy by Penn hing 10 IvIn.,ain on any pad o C s uch pivan isc,,; 61) any ashes, junk, rubbish or refilse; (1) can accumulatJon of wood paper,, or oflier reNidue: qJf' lm,txhwfion ear, constnte"tion; (c) as derelict vt,hiole, quipmcnil, 11.1achinery or the hcxty of any part of u vehicle eqUil)111u�a'tt Or muchinery, or (4) as MoWd budding, k Thmeaccumt0adon c)f junk, rubbWi, and refluse ot-i tlxe property. 'r'llese hems inclode, but arc nol liarited to; Am, childrori's toys, S,-(A'CLISfiliaro s, televiSioll, t.aaala , cmpos, bQvic, d&UaMzd hOUSCII01d itcIIIS 4111d as $igild"Icara aft'voLint of and loose garbrip bdmreen flie Njilditng and the: zear SKI struOvm, 11te atbrernen do nod MCUMLdMhun of junk, robbiAi, -and mfuse ia ansightly. is dQidmd, The Hudding"s exier ) ic r c(�)fasi,sts, of a ixiixti,ura of W"COUderi, cb,,"i,dlino g, rnelal siding, and mWen Wages, AN windows on the 1141(otat axe boarded,, 0n ttwereinaijxier of the Buildtingl, ratimerous third floor xvindlows am broken and Me No% of smond Mor ",,vidows are boai,Aed. I here are algae stains on the roofing shimg1es on Ile e ftont 1'r.W!Kfe of the AM% "The woodan clap1mards andtrira awe pedkW. The rear Maircase is missing T]Ievz- are racoon, (]M'n the lxlt sti:drcase of the Mlrfldinp SubMan 19U1(L1),of NO Won shall pennit a,'buOding or sork.icturc owrte d or Occupiod by hinj or her Rbevnne a to the S!af(,ty of the pubHc by remon of being vacant or unoeppOd. 1'ha li tardrNicnp is hazard tco the salby of the publk of 1"w"ifig Vac"an't or Uno,ccupiud fin- the following 1,00SC"I'M The WHIng ms fiound open on Septen bcr0, 2,0'1'7, with aoce,,", to the entire building, thmugh an Fnain, floor %vindow on, the right sido of the Building; the ply),vood, board bad t)eea rcn)()vcaJ, tnspoctio:n :staff eontaded the property owner arid pnnuped ewring of the BuRding "tioln. wa.,; cornpleted as the 13u,ilding was sccuru at the OdWr 3, 2017 inspeuiow Buddings, that are in a cldapl&ftil coodidan and laR unsmaired, rlrprn pijbIlic entry Oan ottraot v,aaukflisn),. ar,<xmi, or -crirninal activify, An interior int�peati4!.,sn offfic Hudding Wad :i, Sanaa of vandahsm, and tmspassiti.� g . Rocks were t�)tjnd on (he tfi,ird floor a r the Building, which were thivivri arul used to Kreak wi.ndow's. 13eer uuls, cigarette bulM, pfUs and ILtt�a-afriti were also present in the Building. Thr ehas vc Won two poHce ivports filod rq,,gwding 01,C, Buildirig; one in April 2017 rcsard4tg chkidrert pPaying in ffic 1-suilding, wwthex report, in June 201", rugard[ng tocnagen, gMnWg entry todo drugs. The ;it of Saiiii kVai Fkiance dr parlra=t C011firmed Itua flie watx!xhas beca turmad off since August, 20,16, tri addition, szlint johj,"I, (,onfirnied thut the power has becri, disconnected shwe My 2016. ha addificm to bOng as hazmf to the sakty o-fthe public in the sttrrounding arca, t1i,is vacant building is also as major blighl affecting the qua1hy of" life in this residential and diev-,alues neigh bori,rig propertle's, (lue to negaM pWVqAkwS of unadi skater iamUng buHMngs,. Thorc i'sas [tigjnc';,r risk of an Rre event occurring al the ptx,)pCmY' 04 it Previously smstabcd a We in 2012 and Me it is kiiown to the pubfic, that 11,w Building is ,vacant. Vie rear, 1`1o,or unit suMrcd heavy fixe, Smoke and water Map due to Rmfightinp,, adEnts in 2012, these conditions reanain ire the, Building. In addition, t prxapert),, is wtjwent to 120 Main Stroet, as three -unit bufldb% Hutt is, ands .m';),vaa,Qanc and boardc& Across the street fratn thOe,13"ailding is 101 1 U, I 15- 117, 123-125 and 135 Main Street which are all boarded wid %,acaat Nildirigs, Duc to the 10gh vi(,flunio ofi)eit�,;,hboring vaeant properties., if as fima uverat wcrc 'u) occur the Bbilding, ncighl-,soring cifizen,s orlay w'pt ii,otke the fire tinfil h is Um 6W. The Bic Wd So iquemi to tho ncioibodng propo-taw w1rich Wotild causo Signific"ani: daniap to tho building, 3. ThCre iS as kn(IJJCrn flor catferge*rwy persaimet saf6ty I die event of aii Qlalergency. If sLjSj,)e'0 tbcretnay lie people inside the 1311iRfill1g, it waWd he rasmmble to ex[, ed th may be rmphvd to ada- I Ito conmon ofthe ijate�iior is nol knoym to whtch pose as hazard to, their Safay and othxs who may 1,)e inside in the event ofia fire, Titc inwrior insp(ection ftlttta,d tnara amcnta an nrcarrrrt of colls"truckorl, 1-miterials arxi hous-thold items St, mm throughout n1uhiple WAs throughout A uSling. It WHO, the boar(jtA'windows aw),docirs thrcm,;hout the BuOding romy Qause exiting is',suwi in the cvmt of an antzgency wilin the Rmflding, These, ifenas and hivards 04"PlUld Mqtrfel lbe nxjvl�1,110,,M Or CMISC 161JUN`yl tO Crya(�qzency personoi3O Annild My to to Q entry, Subsection 190AIU) Orme Aet Slam No porson bliall pandt a buHjjijT.jg qr stju,cttArC 4':r,Wjacdj ort,ecupicd b y,- h i m Dr her U) btuvrie a I,mzao,rJ to, 11he safety of flie I)uhlic by reason (,If I I ap id a Zion or un som i i!,i (,Iness Of Stru CWrAj stran g(l), The BuWng is a hazard to the Wily of flic public by remmi WAIspidathm Or Be IbIlowing rcaRmn- I The Wrior, of the l3uRdIg bus been Whi I at state of dilapidat% arml (lisrepair. The ArM Wr bas sustained substmitial 1-irc dainqgTo to lhv rear L1114 with insnhxliort banghg Mna edling, vipjing r�)n dw floor, wood flooring bucklom,l:, water dainage fiom firchgJaing efybrts,and a, layer of charcool black, film on all swd:40CS"I'Lle [roni unit of the floor alstis ,wslitincd smoke damage Rom the fire in 2011,'Fhfl,� unit appears to be Usod as Wage of vansduction iumbals, with. doors, lig1ifin,& p"'ijint, and vari,(-rLls Olboroj�jevts Stored aVitbirl the Unit. Stud Walls ave exposod, and gyproc on, the walls Imams Iven rerriuvvl with lathe c-xp(iisod. "I'liere is walct d,atnriitkw, Illrol, 10"I'out fleet` unit where "n--)oden, nion,)Jxis ave , atcr staincd, rcol'tan and d0i'iJxswtvd, 2. A the seamd smy, the WIL Ullit iS N11, O,fCfiWCtrded hOu$Cjj()j(j and lywbalc coveing the entire Boor. 'I'he vi�ihanc of debris was subaWal in that inqxxtion sftaff,%,aas unable to enter the uivit, '110% dc-bris WOUI'd restria the ability of erneilancy pursonn,el to rospo'sid to ""m fiacidell"t Whir the ffiaildihg, 3. The didd sMrqy rear unit Ijras Men wMaws with shards of gkiss remaining on tho, flctu' in addition to the txxts thrown to, break tite WIndow Hwkeri g[ass could, cause injury u.') thq,)sc who nm y entctr the AM& Ret'juired Rentedial AdRuis The ownennust cortmply with of 01C two OlAiolls Stalecl below: Qjxrfop p� h Wamly the condThuns cof Cho Budding throat lm aO rqmir and rennodkal acHons 4,�, lOWS: I. The 13,uilding mm uo be must be compidely rupdrod, ta remAy the ahow mentioned hazanis to pubfic wfiilav nteefing the requiremants of the NeWrAned, lluihfing,� CeAic° q,,f(,-7anm-h,,z (201QI as xvd! as, all other ahpplicaWe by-laws, L The iBuailding naust be maintairxA, kept scame, aind, monitored, ati, a, routitic basi,,� ltd le the property 01, UhOwupied. 3, In delailed plan must "be submitted to the GTowS and CatyairLinky 'DQvel, 4,.,p pliq ,jent Survices Departinent of the cidy YemlSain't'john (the -I)epannxnC) forreview, and approval. '111')a. P& Should also include scheduiQ ti,)r the wo,rk that is t(,, lora canicd OuL The repaired, Buddhg must tneet the Nariorful )5uihhJjA! (7o, Crviada (201(�) as well as ottw-r aj.)plic�,Ible codes, 4, 'The ddailed plan, indudog Sd3k.-dIdes ancl any an,ginoering rcjxvtsawma lie ajaptx.wed by tlio MpmnmaW prWr to emnawraWng rqmh-wm*. 5, A, [)i,dkfing penriit ix!i,ust be obtainod Q army and all applixable work, Plior to J ' Oily and �fl rubbish t,'hat omky bc exmisidcred, fiazatx1ous or 'urlsightly, th,e J�nojndsc rnust, be ffl�po&,d of at an exp proved 8,olid waste dispusal site, in acvc)rdaxw� with 411 apydicable hplaws, acts and Omt Mady demonstrates ari, a1pproved w'istu disposal site was uscx] 1,`or the Msposal of d6bdi, imum- be govided to thDepaxtnient, The premise iowst comply with W! aRglable Bplms, Acts, Codes and Regulatit',pns, Oph,"ton, 2.- Demolition af the 13aildirl.(.l alid Wmanup of W1 d6bris on Wm promsby corniflying with ifli the acfii.aJas a's rollows: I", , 'r1w Buil.ding must be deom-),filshcd to, rovlovc The Ward W the safety ofthe public bytvason r5l, and l,,,ay r,i,l'bcing vacan't or un�,'5<x.upied. 1 A dunolitkmo pennit inum b()blairwd ffi)ni the C)ty of Safl:nt John, in order to corrq�'rIy'wk]-i the SainlJohn fludding, 1�y-lmfp. J'hc rircirnisc must be cleared of the dubds Frorn the dcn'uflifian and, the lot rrunt be madc, renscmaebQ KM gode so as to not meme a Spong c)t 1",alling huml. Mill defori!s rnus( bc dis"posed Ot, at an approved rakdid 'wo.ste alai pos-al sitc, and iro, acuwdmxe wide 01 appEcaWm Hy4aws, Auts, amd Regulations, lira urnemcd, proothat ClQaxly d'u-nonstralus an apprxived qohd wx3tc dispxsal skew-z.,is used 11)r t17,C (jjSrjj()4,4d <)f debris, mu0be pro,vided to flac I)epartincim, 4, AM ddbds that is cur iently on Hie pimimise musl be remcmed arul dj,spma,d ofat art appomi, sohd waMe d6pumd W and In accordance w011 all applic4ble By-laws, Ads and Regulmions. Docurnented proull that cleady demunmalm an approved sohd wash: thaposal sd(c, was umud f6r, tbedispasal, of debts, must be Imovidod to the Dqpartnent, 5, The property n'nus;i taws in colnpfisulcc vVith, all al')pficabIc t3y-ka'ws, Auts and Rq'ukitioms, PNpwvd by: � �&ry c "?� k'ph ".& " ', V11r) Wart, 6'r l twat 'I'Vchn,ical Scrviccs�,(Aficcr Growl''I'l and Conw,mitnity 13evoopimetit services Raviewed, b,y waned cotmurrcd in by:� RoM, ,,.A ........ �BuRdog jnvPEngNIBAtxly ccmr DepQr CornmissOner Grovvtb and Conirmcnity CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOAN IN THE MATTER OF THE BUILDING THATIS LOCATED AT SAINT JOHN. N.B. ( PID number AFFIDAVIT CSF SERVICE ofSaint John, N.B., Make Oath And Say As Follows: 2 - -,,� ( �", 1 (1 1� %,", 1. I alm employed by'The City of Saint John in its Grom,,th and Conimunity Development Services Department. I have 1-wi-sonal knowledge of the matters herein deposed except where otherwise stated. "), , at approximately 2. Oil I posted a copy of the attached Notice of Conan -on Council Hearing Letter, marked Exhibit -A- to the ftont door of the building that is located at ,r..4 4, Saint Sworn To before me at the City of Saint John, N.B., oil the --,24* day of _q 2018 '777� e PJ%CHEL A VAN WWI COMMISSIONER OF OATH6 MY COMMISSION' EXPIRES DECEMBER 3111T, 20i22 369 341 March 26, 2018 Case Number: 16-1059 Permitting & Inspection / Service des inspections et de Papplication By -Law Enforcement / Service d'Application des Arrkt6s Municipaux Phone / T'61: (506) 658-29,11 Fax / T616c: (506) 632-6199 PMV Canada Inc. 526 Queen Street Fredericton, NB E3 B I B9 Dear Sir/Madam. Re: Property located at 126 Main Street, PID 4 00374173 Dangerous and Vacant Building Program This Is, Exhibit A p Referred to In ths Affidavit of e Sworn before me at the City of Saint John�, Nest Bu tick minissioner of 0'aft On October 10, 2017, a Notice to Comply was issued for the above mentioned property which required remedial action to bring the building and premises into compliance with the Saint John Unsightly, Premises and Dctngerous Buihlings andStructures By-lciw, The Notice to Comply was posted to the building on October l 1, 2017, The fourteen (14) day appeal period has expired and a compliance inspection was conducted on December 18, 2017, The property was not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on April 9, 2018 at 6:00, p.m. to recommend that the building be demolished. Please be advised that, at this meeting, you will have the opportunity to present evidence to the contrary. Please be advised that if the city initiated demolition is approved at the April 9h meeting, your demolition permit will be cancelled and you will be refunded 60% of the application fee as you have riot undertaken the demolition in the prescribed timeline. If you have any questions, please do not hesitate to contact me at (506) 658-2911. Regards, Rache[ Fart Wail, IIT Technical Services Officer c: jeff.martin�(-a),soriii=fall LrotiT).coni c: daj1n'Y.to17@pmvcanada.ca c: 4Loten44a mycanada.. op ga c: Spring Fall Property Management P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N. -B. Canada E2L4L1 Canada EA 41.1 SAINT JOHN www.saintjohn.ca 370 CANADA PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN IN THE MATTER OFTHE BUILDING TI AT IS LOCATED AT SAINT JOHN, N.B. ( PID number AFFIDAVITOF SERVICE Lit-' of'Saint John, N,B- Make Oath And Say As Follows: 1. 1 am employed by The City of Saint John in its Growth and Community Development Services Department. I have personal knowledge of the mattcrs herein deposed except where otherwise stated. 2. On at approximately Y'7, 1 posted a copy of theattached Notice ofCommon Council Hearing Letter, marked Exhibit "A" to the front door of the building d that is locateat Saint km� Sworn To before me at the City of Saint John, N.B., on the _21_41"—day of 2018 JIL, 7 RACHEL A VAN, WART COMMISSIONER OF OATHS My cOMMISSION EXPIRES 371 L)ECEMBER 31 ST 2022 March 26, 2018 Case Number: 16-1059 PN4V Canada Inc. Permitting & Inspection / Service des inspections et de Papplication By -Law Enforcement / Service dApplication des Arritis Muni,cipaux Phone / Te'l: (506) 658-2911 Fax / 1706c: (506) 632-6199 526 Queen Street Fredericton, NB E3 B 1139 Dear Sir/Madam., NOTICE OF COMMON COUNCIL HEARING Re: Property located at Main Street, PID 9. 55033658 Dangerous and Vacant Building Program On October 10, 2018, a Notice to Comply was issued for the above mentioned property which required rerned ial action to bring the building and premises into compliance with the Saint John Unsightly Premises and Dangerous Bud lingo anti Structures By -l",,. The Notice to Comply was posted to the building on October H, 2018, The fourteen (1 4) day appeal period has expired and a compliance inspection was conducted on December 18, 2017. The property was not in compliance with the aforesaid By-law at the time of the inspection, City Staff will be attending the Common Council meeting scheduled on April 9, 2018 at 6:00 p,ln, to recommend that the building be demolished, Please be advised that at this meeting, you will have the opportunity to present evidence to the contrary. Please be advised that if the city initiated demolition is approved at the April 9"' meeting, your demolition pen -nit will be cancelled and you will be refunded 60% of the application fee as you have not undertaken the demolition in the prescribed timeline. If you have any questions, please do not hesitate to contact me at (506) 658-2911. Regards, Rachel Van Wart, Ell' Technical Services Officer c: ieffinartin(a-)spi•itigtall' groar p.corn c: daiiny-tol7(a-i-nvcatiada.ca c: �Llotn44@pmvcqnada.ca c: Spring Fall Property Management P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, NA. Canada E21.41 Canada EX 41.1 SAINT JOHN www.saintJohn.ca 372 A I I IDA 41 F (W SERI 1CV,' JORM MA L Dx'14] [­)"m�.°6mk IA UnNyM. Nows AtscrMAKLIOAm ANJ) W AS FG HAVS J% on Ow 17 Ty OF QW01. PHI T al 7 21 lint. I sonud MY Wmda Jm; NO We FIDRNI N "'1�0'11( E 11) (IMPLY RhOM 1973,c. M-22.09101(3)) lkllw "7,() HCC OF APPICAL. FORAY 'MunhindUbs AM ICS.&B. 1973. L M-21 ,19MM)h nsaked E%Mis %% & lr� hN i,,;p'MP I C.oples of the docmnclw"� NOth 1h] 'Hn ',.,p° PM UWAS hw di 04, higm 1H ["'Ondin flic ( lf�� '.A'F"rCctc1iC1(mIn NIC wd Namosof "no Hnmmud M"W1 3apeWWW31H73 "aAWRIouRwit Owpemonson0b, hmfar "wnsihi 1'bl 0)(:'p uflBt1 y" [ p-'�clson '"Itolo p to hm "y and ha bokc `�W'OfCl�n 0o'I„ [h' ( w" "A' (X '(j IMURK %R� .... ..... ... . . .. .... . . . . . . �'Iuvy how GCOA KMA &I [Xo td Dm . . . . ... . ... FORM I . .. .... NOTICE TO WINVITLY R.S.N.13,, 11113, looW WOMPOWe I-RA,13, de 1975, KNI-22, Ch. WIT pmw. 19 I(3)) Valvol ldenfifiier374173 AiAdraui 1Z6 "mann strccf" Saint. joh"11" New Brunswick owrtor('�) ar oceupivr(s')� Name: PhAV'Canada Int. Nunadro d1dentificajon kle la dnareellle : 174173 Adrew 126, ILle Nfain, Sajul NOUNOzRh Brunsvvick 11roprk"I'aire(s) Qu �Nont: PMV Cai-tacho Inc, Add,r'esst 1006 Forest flit] 110a4 FredmKon, Ncnv A,41rvsse: 10(,')(,), rix Forest f`mdcricton, Bronswick., F3B 706 IBB at:, 6 flunidpauty intdng natke: Chy of Saint John Rv­law contiravenea. Seine A)Aul Ons;"t anti Lkrngervus Bvdefings and 'fly-La'o", '13y- kvw Nn.in't"Per M-30, and ffierej:() (rhe -1jy_ Provisfort(s) cckntrivve"4�(j: pangmpim jqg0[(j), 19011 (L 1) and 19001(2) (10o,:! arneadmants thereto, 100serl'iPtio" OOndjfion(s): Tbe preinise is u,nsigrloly by pemillng jm*, nibbish, rcl'use tind a dflapkla(od buRdhM to munk on die pru3jsa Ile Wi1bg has becxxnw,� Nizard W UIC qxkty oftlie pubho by wason of being vocain! or urtoccupied and has Wt' v as hank to thc i',Jd'`Cty W, d"le public by reasori t,& ddapidattotj,. Condihms of the building and prcy-of"Se acre (1e&Crdx'd in SdwdWe "Q a bmc cap y o!f the illspecijoij r­ejj,0qrj wJaudurl Wober 10, 2017" pruparux] li,,), xuiciici, v,,in %vart, Bylaw I 11farcerliern (Ifticer, ttviewc,,d as cuncurred iri 1)y Romeily or remedics required! Thc awner A V; remedy the ociadifio�,,,is by cornplying Widl the requArod i=medhl of the afixtcnclaiaud inypecOm report and bring dw, br,Jl.ding zin,d pi-ernises into conqkmwe wittl Ll")' ° W/ -Jaw: In t1wevent that k1w owner doe, not rmaWy Me e(,'1n4Jjtk),n of' flie bak1jug and prernises fn the thw p'rewrilvd, by ihig lard (7,oniplry, the huddog nny lav detrio1ished as the convetive. io address 11,10 haza,rd, to Ofic sw,,lfhy of Me puNic and Me rwanisws rn,tIy be chmmd q ' In the ev,4nl ol." defurplificni, kAA dilvis aa, rd iterrn; thc" prcinisea~r -will he Mgmsed ofos 1110 c:oiffective Won 10 1UUk.jPAHt6 s4;nifiattl Vavis: City of Saint Joluj, Arz-�)W eukdat AnW rc4atv/'amr eauv 1,416?nenvs et John, Arr&,6 nuiniaro M-30, a, j,j r,', i (jue ses CN.�.kjj 'R,*entes (I' cw Arr�,-O o), Lvs,pa.ragnip'hes 190,M,O), 1.911010-0 er pzIragraptie 19.0,01(2) de 1a Loi suir le'v ainsi ("I'Lle les niodit"icariorts" aohvntes 111cs,cription de 8 w (des) con,dificptr(s) lielix inesth,66ques en pernjeuapa ki pr6sence de ferraillo', dC dMMS CL le UK= ddiahnk Ile bhUrnent est ckvemi dangovuse pour du public, du f"adt du son AmbItation oiz de son et est dnami darty gnewo pour la tr&,urft6 du public du (Je Mail dombprolent, Les coudilknis du Wimrnt w des lieux Wr dda%s 4 1%=xz .A x UPC We conArme chi rappcnt d'insliccdon en t!bntc- djrl oclobre 2017 er, pr6pkrixw, Rg.tivl vall agern,e char& de 1'ex6outioij, do!s tj.rrCq6s III k1rijel paux" M&6 el ea Waccorde avec par Puny 110awnd; ing, law agonte char g6 de 1'cx(5�u(ion deam76f6 rn'kinicipaux" Niesuse(s) A prendre .leve tvopriOmre, doit restaul'.er des canditions vo, "brulan't. aux du mpport Anspeariall stmy et d"arneiior 1c biAncont et lus lieux cojiforini( 9 avoc F'An,&16. Dans Vevvnuwliirrd quL� la ste rernMirltt pus In Mum o les heux dati's le Rmps Irewril, par le 1,'rr6sent avis de confon6lcw, �le l,)U[ake�ra [)OU,171'0111, �'Lre dt;fll'ohs cemn'W 111;0:ulv c4�wivctkoe contpk, tokni qr,Cill rcpr6setite uti, s4'tngror mu'r la sk,=JLO du prklicd les fieux poutroat V4,!tl'C Dans Nveauali'W! de d6rn(Aifion, toes, les dw bris et al;Ues Ems our les lieux s n.­tnt ccamme i lcl'ns M, t Ix" 1)rrerai sm." do UOL Mde Qw ewnpo u i c sq. up, Site "'ChalAlkaflott, restoroftior'a of land, prcn,-iuscs or Personal propeily (")r LA',hur' rx'.inedial aMbn in q,r, tc) Qonr,rol or redum, c1hrurvitc ttw rele,4sk;, alwr- the: nwnr�er of releaso or the Measo af any cotgAnjumm itgo or ,poll the exr0mritincta (Pr ADY pad (Alho OnSUMMMW Date 1YY "Ilich the ow"Ielly or reme(fles MIMI ocalin I a) The (kmolidwi of Ow Wd5g, ctensup of Me 1"ALOperly arcual rekfl,od rwmodks raw[ kv coniplelR, or phrm and peand apMWMkxw If- vepair rehal rmnedks, must he subminal: witIkn 6o) (Jays of being -served wilb, Ilm Noficr 1,o (oi'nply, b)'111re related rcawclws rani s'q be cotn]yJeic Min 120 days of served widr the Notice ou COMPY, Date by -MiLich notice may laic appenled: Whirin 14 drays of boing ser rt wNh the %tive to CarnQ Process to appmh Ite owner nmy OR& 14. days a0cr having beem served ivith f.,[iis Mxicc to C"olliply' Send a Nwice of" Xpeall by w0whred, moil, io data Onnnacrn CI erk qui The (.,ity of Sow i oNq City I so . 8 m pwoq 15 Market squaAQ, sai ]if, John, 'NvwE3r'unsvAck, EM 4LL potentinj penalty for non- Coal Plliance withill, speciflied, fimeD Pwap%ph 190,03(l) (.4" Mmicyah4es .401 states that aa. xnan who Ails 10 COMOY With, tile ter"-irs (A' the Notice to ComMy gwzn L'Inder Scaion 190MI 1 of the Mid ACL, t(Arral,11S an dl""It J's pindsh able UadCF Part U �of' thc Pre P vincivd Qjfisrnces Act as a category F" toff' roc;:, What an o0kne undtr paragraph 19TOXi) mxx%es ri:wre duan oiw day, Itic rrdnirnum hoe In awy bQ imposed :is flee jaillilixon"w fine set by the Pro 1,4ne";W1 Ofj"Mcas Prnceehrcr Ace fin, a eulcgu�)ry 1,' aailu r,w nwhy]ied by We number or stays drming UK the ORAme Mistao, [aursuartl, to MAPaMPMM) 190, 0,3(1.2) (b)( i)- MU'lliciVAlity's Authol4ty to undeMake repads or rumedyn Subpaagraphs 190m(lya), Aa swws Q1 if as No% M) Camp, hu bm coil, µlwcn Linda, sectimi Of(hc Sllidl Aef, and 1,11al- an owner or c=Qrr dnes not comMly with deem Notice 0) Umupy, as deamod (:Onfifnwd, o,r as cc-ml-arned e)r windified by a couricil or as judge under sccUon 19CA21 of to M Act, wbhin the time so awl in Q Nbhce 10 CanMb; Im unn,iici4pafity n -,jay, cause die Premises or dot ownu rw el a.rr,rtcr r hems sul Ics fieajx. rte eoj'jlptcjjne�ht paas 1e nelloyage, 'a FX -111163e' en, Oat (JC'S IiCLIX, dC$,teMi11S, QU dl m brans I')emonnali cou, tout,C WAT MC.IMITC C,(�rrre,,Ctivc dmn le twt de de iQuire, d6"hrnurer fe &MMIM, de le 11todc-, de d6verselrwri'l cru le Wwi pol[w,ranl dtais cai 4,,,,ur I lovilannownt ou tt)Ute III Dam & hqoelilie Is ou les rnesures doivent k1re primusa. a) La d6no%o du Wbnmt d ju aelayap cks lieux. driiverit Nro corao&%, on it lar WwHe Ics phins et doIT1,111de (JC,t)CIT11i'S pour I e s, Ines kin�"s (I e,,, r4kir ati (�) n s, doivent eue sournises, dons les 6D jours qtd suivem hi :QMUon do lVis de conlbnxtitd, lr [, 1,6para-lion's reldes aux rneaurcu dolvent, Ore c(.xinpl6l, ks at les 120 jMlrs q6 suivent ka significafion de 1vis de Date A hiquehe un appied de Pavk J),tmt r,qnry (RqK),s4-, pears Hjcwrs quisuivem. la ncdfi(umk'in de 17 avk de CMOHMM' Processus dappell :. I,ar propfi6tairc fwux, dan's- lcs 14 AM qW MOM !a motMcalkn dv NO de confounh-6, er'woy,6 ttll Avig d'appol herr cAiurrier recornouu)Q A I grefUre communale de la UmnicipifilicA, i� '171te City ol" Saiki( John, 1"-Aflke (It rhbwl do Me, X' rattan ge, 15 Market Squore, Saint E2L 4LI w P&I&U16 po'sSiMe pour non-confortrok(II dans le do -,Jai prescrit': Lc pamgraphe 1-90,03(1) de, la Loi sio- des muniQuaknd'sPrOvoi( quieDtique (,truvl alp. se coil filrtner aux exAgences f6rilluVes ckovj, tart avis i.lc noiffie', aox (ortil,es (.1e Parlick 19,01, 11 de ladiie loi, convira-1: Liao inthalcucal qui Qgt punissable (1:1 Vertu de ]a Fortie 111 dc la, Lw sur hi pnx("eho-a ("Ipplicable (su'r Orv, d'irt(J-zactiun dc 1a ctasse I X"Nq WARIC MUCHM, Plivav ali learn agraphe 190,0"3(I ) SC 1.10LUSait pendant cVurtc journ,6e, Ituricolde qioi purr Me Qos& em Vamendc IT-611ilmale pvkne PaT hi, Loi swr, la ;--v ev qj7heable m'gx h,lfi,-actuates pro,vin(Jale"s pour Une infrncl,ion, do la cla,&sc F iruatiplia,,e pat, to nanibre" de jows PWWMM 1equols 1infinctiorl pNirsuit con forn i6pricri t h 1%diricha Waw Ar de I animkipaliU* d'ekalreprendre kn* AsraHous (tit o1v prendre les' inevurfM ! COMMMMMU a k' I 'Y' a I i ri 6 0�,) 190'(K(] )(a), 190,U4(3)QiQ at 190M(1)(9�) dc la Lrfi s2a, jes owaieTa4lo",v, si un ads do ounfAmYth a. M QN56, aux narmes do ralle I MI I1 de hW Re Wi w, qw le propparrrtw riu tk,iire ou Womipant no se conSwe pas A cet avis do &IFRIS' [Q (Ij& I a.Jj ill"I 16 1tat tel Lit I" i I est rj,no6, con,rintr6 cru tcl qUil eSt L011fijrill�, ou lnodifi6 rmr un rmnAh du rnmpH nu Aar wi A—. .- —w, A- ITEM d (i:pa 1, it'y' Dated at !,Saint John die!QkLy oroclaw, 2017 M u nicipality: Th'c C Ly of, &"d at John C4kg 444�L.' IP Namt:! Rachel Van Wtirl., Eft" Ma ding addicsc Developwo SuMes I 11c cl'fy 4�pf sa ill:[ k."A'11a 15 Malet Square CRY Hall But w! ag, I P Fkwr P(X Wx 1971 Saint Jolul, New Brunswick E2L W Fckq,,)hol'jc� (50(� 658-2911 Telcoopiol" (506) 632-WO9 h"Jilail; ^anih'j Lkin &cal nf 1'r11xnicip"a]hy Now: L AllDPPNDPHOU�` PuXink =19 bu KIM ;md nfl !cgiihflori mum [)c cepil"hed wuh in Ow Umne w4mog Ow A yhod romodil Won. 2. Nipwoou of tha: rinc jwot �,,J[Uvialc Ole (1114"wiOn 1u C('nn;pjy Wk`h 1W IAWIKL�i,rd cm vuvicv iia col!j1ply. .3. ("c"sts tbw wmi owwL J LIVAH Me w do mWphty and Moy be w0ded Ici the 1% MMOW and p,mvincJ.,j.,N RL-jl Pn,,,lvrly Aswaswunt mid 1% Nw kx, Tvutc redevance ou mut druit affftcra, &(wni, A ki charge dii pv(-Trika4t ou cle I'LKLaipanf c°l dovionrkew tti�w cr6ancc cle 1a nnuiJc(j?afij&. Ai A smint j Oini It: octubnq 2M17.. Thw ('ity Cpl 'Safiat John Signalure cle la Courdcutudes tic hi repr6entante municipsk AM f Whel Van wan, IS Adresse ImMaN savwe do 1""I' croisqance c"t 11'w The ('"4y 4�ff S."drit fohj-4 15 NOW Square Ad. [fijoo de 1'46ol I I o,, 10 , 61ai 197 1, 1321.. 41..1 (506) 632-61,99 atl scvM1 de 11a awb6pMR6 u ic'surc d c, Tetwari, I Lz pM=w;u de F am adle n On u k pw I %W 1" un dc respeow, 3 doe MqUWN 60'10"'s d"i'I'lipex fmwicl' cruniciped VA pl-civiaciA 01,"CU UJI: A". 11 -1—W 1,3umi jotM,. 126 Main Street as 10i _"IA'ay Of SaintJoWn"'INew Hrons'",ick I 14EMI 37417.1 in , ��tj IS, Ib;!!!r i d ' IRSIRMIUM, DOW.' SCPWMMer 20, 2,047 & October, 3, 2017 M 0 rr hlspec'don Conducted by: Rachel an NVart, R rT Introiduction Ispeations of the poTerty al 126 Mtajj-,I[ Street, PD# 374173, have revealed, ttial there:, i.,s one ImHQ8 C01 *0 WON (Ole Iluikfing�"); a three-starpy, six-lunit, �wood fiarned aparfinent building, Staff ,rirst becarne aware of, the propertry"s, vaca,ncy in Decellaber 2016; howeva the ptyleny was previcuAy sUbject to the Minimu,,in Pro.,p(:rrty st�IxId,41A,s Prognun kir at nuinber (if years and stistained a firc in Decembw 2012, The propeily is 10c,rit,04 ill file Cky"s North Find in an iwbEul Centre residential, zatie. I'l7ic, J3,uilMng is as la nand to d he salq offfie pablic Hwy rcason of behat Vacant artd by reason of'dilapidat0n. The BuMna is ilot js"j C,()gnrph�.jxico Wid) (he &W"J &hn V'r4sighd " �y Darwerolls Bufkhnan'J.Yzd Nrowtures�,y­hulv, BYIavurriber M-30, and aniendirients themto (the "By -Jaw")., rani tl t.rfl6e CoadMons Subwa% 190 01,(l) w)J" the 1vIU17k,'!J,"pallries Ace slales� 'ffia person, s 11 Partnit Preft,'69c, ow taied or (,)cQupicd by'lihn or I 1w ,r to be unsightly by pen-nitting to rernain oo, anyparL of s-Wj, prelxjises (q) any ashes, J Unk, rabb i sh or rwAluse (b)' all 3CCL1,nIUh-AJ0II of %mod �shaviv),gs,, paper, sawdum or o6or vosiflue of" prcclu'tion orconstruction; (c) a dereliot v6hick, equipinent, ntai�,hinery or flio 0(,,�dy of Wq pw-t of as Whicle equipurrsmut , or 11100hingly4 or a d H ;Ndawd buildin& I . Then! I, aui of junk, rubbisli, and refuse, on the liroperty, These imma WzMd% but are Ilot litilited to; tiro,, ciAldren's loy�, SOELI CLLSIIJDJIS,, television, tarps, carpets, bicycle, dicard e(j hOLL'SCIUM iteiris, and, as .9iWifflicF.,mr Amount of baggcd and lo(,i ,se gairbagc bemert the Ruilding and 'the, rear Shed 15(TUV-'We- The afiveixiewdoned areminkilation, ofNtik, tubbish, Land rcfuis Un Mghd Y, 2. The Builtting is dilapidated. ]"he Building.4 8 (nXWriot corisistq of to tri titre of wooden claddinp, ruel,al sidirag arld wooden shingles. All windows on the fix")tat fagade i,urc boardeLL C)IJ Jr])e rennaindie'r Of than Building, aurneroi-Is thitcl floor windows axe broken, randthe -rna� cdq Of swand Maw, widows a,ixe boarded,. T'hcre, arc Alga e,stains, an 11,,ie roofifng shim les on the him[ N�; Xle of the Ruildi,,tig� I'lic Nvoodcu dapboards and trim -are, peeling., The rear slairease is nj,jjja g gu, rds, Th,,exe are raco(�xn feces ()n the rear staircase of the Building. ,Subsvctiort wo.oj(j,t) (4dit Uunk�jvirdiv Ace staws. [ cr PeIrs0f) Sh;Afl POW at WAS or structurc 01NI'led or occ4f)ied by him or her, to beconm a, hazard to the, saicty of Hic public by rmon of being, Or Lu'u()Ccupicd,, The Buildng is a, hazard to the sutly icl the ptiblic by jr(mu�on of Wrig vacant ()r uno,ectipied For the fbllovving reasorls: T%c BuBhug oms hmmA cVan an SaMembar 20, 2017, with iwvess to the: andre bui1ding tkmugh a i,,nain timw windoNv, on Ota,, 1,jgjjtsidt of the Building; (he �flywo4xl board had been t(3TIOvedn panda "(k)n staff Qoritactud the pmqxrty oulner and pronnpted seaudng of the Building which tvas carnpieted as tho Buitding,was secame, at the 00oher 3, 2017 inspec&n. Buitdhigs Coat are hi a dilapiditted, condifion and left unsecurod f,'rom 1)ublic entry can attracc vandahmn, armn), (rr criminal activity. An jntcrit,.)r inspevion of the Budding W sigrns of vo,ndidisni aad trespassing. Rocks -weve Ebund on tht third, floor of data Building, which wefe 01roWft and usexi to, break windows . Beer cams, cigamm butm, PUh and gmfRti were, also parr tut in Hie ffi.iillding- 'T'here have bemn two Police Mpads ill Irl regarding the Bailding; One in Almil, 2017 reWirdiiig childreft playirig in tbe bmilding, w,)o(hQr m4vml in June 2017 regudingtmmagm gainhg entry k) do ckup. The CJtyof'Saint I11,r,� - C41 o Equano dt.,p,wbmwtt confvnivMtbat 83C vvrut xr has been. ttirn,(A osin cQ August 20,16, In WAS, Saiat John Energy confil"I'Led dUlt 111C 1n,Ov4zr Nas been, discotmected, since, July 2016. ba addition to bcitlg fi, 11-,Izard 0), the safi�fy of (he pubbe in thja sm-roanding amt, thisvEu%,Lmt budding is also a major blight MT ing 6he quWhy- of No in this rceideatial neighboThoodanui. devalLtes neighboring p,rajxrfics due to mWaNve pe;Cejltions of unsafe deterioratingbUildings, 2, Them is ahigher risk fire eventoccurving ,at tile Property a's it prcmjously sostained a, fi m in 2 012 and St ice k is kmown to gio public Wat this BuBding iia vacant. Th,�° reax, ,, goviand floor unit sufferml heavy fire, Smoke tat d wafer, dimia,go due to AroUghting AWN, in 2012> thcxxtdftions rcnmin tau (he Building. In addiUDM Me properly isadjacizzi,t. to, 1,2laia, trect, a three -unit I'mUding IN, t is alsu vacarn and boarded. r~ -um, tjjStreet I'mm the Buildrag is 105,111. 115-117, 126125 frond 1-35 Main trod which WV r1111 boarded and vacant buildings. Dae to, thchigh volume cif neig),,iboring vacam P.ropenii;,q, ff the'Building, neighhoringcftiz(,,3�" tilay no,t 0060D Me fie UWH it b too lire couldalso spucAid, to the neighboting, PruPerty"wtui lit , woof d csusc s4tlnificWldamage'to (he building. 34 "There is a amemm %r efljer , gency perso,nnel saf-ay in the evegjt ()f an emergency, 11"filrefight"'ta-s stoijxct tin t;° may be PeOPle inside, the: lRditig, it WON! W renscmiNble to expect f[IQY' n'tay be required, to enter it, 'rhecon.4ition, of It interior is not kamn to %Rghtem whid eb, pose aWzard, to their safbty and Gthet's who Imay lac Wdu W glut UNIent, of ft fire. he interior imispeocion fi,),und nuni,erous amounts of construction, r najcritjjs and houseliolditemis stre�v(l throughout rfmfti�ple Units 111roughout the Building, In �,uidifit:om, the boarded window vs and, duiur4 throukhout (he Buildirig niay taus e exifirig is,sues in tine e -vent of wl enlerg"Ciney wiritW the Building, 1"Imse itcj-jis end h - muld reshict We mmanon or cause infury Ui eramgenoy Perionnel yin old they noed to gain onky. SubSCOJ011 Intl 01(2) Ofthe No person ShWl PMUh a W.1ding or stwoure owned or oce,umied by hjv,,i (X her to beeor me a hazagi to *kjfty (,,I,f the, Pu-easwi of" bh(,, by r ddapicrafion or noun 3r of struoural strength. he Builditl " a, haz,af(l to tha, SO& of fW public hr rcW5,uM1 Of' dilapidlit,011 tjl,c , �g �is f'oljowing MMSORS' The intel-icu of the 1judAing jj�ls N",cn left in a State rad 'dilapidajjo,cj, aij,d disrepair. The ritst Wt It susWinedsubst�&nckd fire danvagc to ffic rear, uAt with instdatior.1, 1,tarkgAar, fiorn ceiling, (ripping h.azards on the floca", wood floojing buckled, wav;r clarnagc ffi)111, fire fi 90,16,119 eflbils, and a. layer of %scoal black fila) on all surthces. The trci'vt, unit c)fthc groulRd floor On) sustained stnokc damage Rom A: fir" in, 012. This tinit appoa^s lo, be used as storap of c(,)jj Maar morn inal-c-rials, with, dlooirs, libibling, paint, ,a-ppliwii�cps �ind vaxious 0(4c,'r ol�jcctsstorecl within the uAt Stud ivalls are expoqed ,inn gyproi;i walls has bear removed with, Whe exposed, "Flicre is watcr daxnagee tbrou[Jutout die unit whom wooden ni 'l) Is t,I; kr -vvatcr 2. On the SOM)OCI. Storey, thc ftont unit is I'll]] ofclismirded houschold tluroiture and gpebAge covedog dw cWke noon Ile volurno of debris was substandal in that, inspection %I:afFw,-as;, Lavable U.r cnWx the tadt This debris, WoUld r0sbict dic ability of enaergency pans.',onncl to rospond ki an incideut wiM in thBuld1j. The third, storey' ,rear ullit ha,.; broket'l, Nvindows wilh hards ci,f glass rernaining on the Mocw in 'Witi()II to tlt� ft)eks, thr<:)wn to break tlie vVindo"ws. Broken glass could CtILUSC illjUr'y to, tb(.)Se "I'to ni.ay entor tl,to* Budds, Requkal Remand bl Acdons The omwvr1T1U$(,"0n1PlYidi ame ot' the, t �vo (:pptlons stat(kl below, Pillion 1: Remedy the condid()IIS of the, Buildiog flu'f.)ugh all, repair and runQ44d ac j -tong s; ais fbilows: Tluo Burl lira mlj.$t later r t be, complawly rmpiijed to rcmedY the above: Inedioned, 1-wYards W pUl)jj(, safcty, while ijjcet�jj, ,I,g the recjuimnc,nts cff tha NatiOrUdBudding We q1'C"culado t"° 1t1) as Well Rs A othcr,31)plk,�Ablc; by-laws, 2, 'The Building Inust, bQ, ai;� ntain ed, kept sccr,Irc, and pnonitored on a routine lxasi,� ',vhfle the prm.y i,,,crnaijjs v,,tco,Nyt ar ujinecupiecl 3, A doWed Plan inkist be subrnitted lo, darroNArffi and Conicnurdty EleveloplMIt Services 115pallmem ot" tile twit y of Saint kim,(the "j),epartnient") For revim ivr).d amguvd, The 1% shmdd also indude a seltedulug liar the woA that is to be cat,,ricd out, '17he repWred Budckq, rij _j&t njr�Ct tjje Nalional Budding ("'ode of (Amada (2010 as well as otkw applicable C(,pdcm 4. The dowdecl Plan, incluMng sdtedule-s and arly engincering o,-qpvns, inust t)o appmval by the Dep,t,vrtnicjlt Prk)r to ,mnncnciag rcpaii- w<,)r1k., 5, A buildin I g p�rtrl it musl lx',, obtaijied, ftir any J,Rd all VPHCrIhh, Work trrtrrrr to *,,^ MMS -1 1 %WIJL L4, JAYWELU k5l'L11C T(')PCrjY, sand all rtib:bkh Uxat imay be consideted bazarrj( P ),Us 01' U11,44,010Y. '114c debri,", tho Pyc"Alse must be di�fiosed, of qt on appPovad %%j w ri t disposad !rite, 111 accordanee With a.11, applicable by-laws, acts ajjid rcKu.1alions,.. Doournealtoci pro( J:, that lcarfy dunon8ixates an, a,[q,)vovcd, solid waste &SPOs,fll ShC VvW INSW (br Llai drat r;r al Of debfis, inns t he prov Wed to, tht Department. Th e 1.,jreni, i,se ni, o s i Qu nipl Y WjM A apoicable ByAaw; Am,(,`Ock� and Regulations., Ovdopi 2., ()can,uh lion of Me RuNling and c1camup of r111 &.brj,s oil tlic preinise by caug3ing NvUh all (fic rcrnc&,A, actiorls as RALows:, I'lle BUildillg nimst be detnolished tp vQ,4nove the hazard to the safloty of the public by remson, of dilapidation mad by rawan ofbeinn vwant or Ut10CCUPiro d. A daualsion jounidt niust "be obtainod &Orn the City Of Saint John in Ordor to coin ply witli flio-Taiw JbhnRui'loin.g #y_lez4, 3. 'riiz prci'ni.,,.w, MLISI be, cleared,ail Me dWs hurn the dunu)],ition and the lot rnusl be, awde nwswWbly IcvcI with grad,c sA-- wito nol civate a, tripping or (41[ing luizarfl, All debris intist be disposed, of al &P ,tr,ryl)r'ovml 80fid waste disposal arld in WCOUIAFIce with A applicAle ByAavvs, Acts and RegulaW& Docone ated prcuC thot ckady dcmonstrjtca.ri appw,ved wlktwustc di sposal site, -was usml f"or thei sposzi] rel &bri s, rnus;t haat pro v idt-Al to the Department, 4, All debris that is cunvatly on, the plvtnise rant t: be romoved wjd dispc)sed of at ;x.n approvodl solid waste dispoNal site, raid in ac(x)rdanQc with all applicable.By-laws, Ads, anciRcgulations. T),(xurnentcd 1,yro,of, that clearly denionstnutes an, aPj,),a)vcd solid "YOW Amal Site was used for the di,SPOS81 ofdctorr ,, niust bt pr(,wided to 'tile D'opanirien't, A TOp oniust be in COMPIlance MW 111applicable By-laws, Acts� andRegadous" 'Tcchnic4 Serviocs Orilcx"r Growth =j (�,"ortjrrr1111ity Developnient, �mcrani, cram wj R,eview(M hy, and concurred iri, byw lip Atny PWT'�, 0 ff`� Tth, P, MBA OAK Inspeaor. 13CPLH31 (Torninissioner Growill and C,,"otrw1unity Nvelopmeni Services a I'll Ito Dole FAMM I WSA.11 1,973, NIA 2, 190.02 1 (1 )) File N 0,: BETWEEN �� AppeHanKY, - and - crry ()FSAIN-11- f(HIN, Resp(mideal. Pav,,rcl Identifier ; 110 ft F011MULE 1, (Loisur 108, munivowUlAy, L.A.N.-A, dr, 1973, CEL �RI-22, por. 19DA121 (I)) ENIRE : Inds is Fxh6t r(,00f re"d N0 01 the We me on p was .7 day cif N -Y(-)U N Acbmmimulu of OMNI; In "wo d fAr he VrWrlco d r4w l I'll YNAj.q1 L 4), big 0 SAW - C! - THF CITY QFr SAIWFJOHN WON Nu,ri,l,6j,*,-i d'identificatiowlAQ ki purcelle - 0 N11), f1c,ircel �° xiSe d c 10 parc 0 1 to r . ......... ........ . . .......... . . . . ............ ... .. . . (hvner(s) or Nolille-, ....... .......... .. . ... . . ............ Mdruss: . . ... . ....... . ... .... ..... TokThcne�,, Rcomm mmm Nmm - Admum, Ndim , Adresse � .. . . . ............ -", . . . ..... --­­ ....... .... . . ... . ... . 1 lim avkovv siclurcu appcumnqmj is pre) nol sulmlwd V601 dic lefjlkl--1 and ma iditions 'u' -I Oul: in t1v rtofice thal Itas be"en gi%len under war utiun [90AII I jj�f thc, A&W4WO Aci and, appc�,jj1,�,c &�,,ipq jo/a O'� grOLII44 k')r 'I his aq',�pptaj ase as fiAsym, (st:4 ouf d,?c grotauh; ch!ari"y hu; hri�flp)- ONERRIEWIR 2017, lnqmchm(s) IMCOPO(no pas ks" rnodalh,iq ou les condhions qui y sont dans Favis qui as 60 notiru& aux lei-nnes de 1'2ta1Oc I90.011 dv la IN Sur fes OnaniQUIUSs Ot fitit appel jul, C"'('rnde` d'4;-q,ipeI cies proj.,m-k,46 iq/Ziriereres, aux,normjew de u5,jj t A)hn. i�yjofifs d",appel cle Solt les suivalm, (c!rummxx Ic's -Tuw�f� dt,',,,OCon el'aftv, et ---111.111 . . . . .......... ....... ..... -- -, �- - , I � .... ....... SI&,114"AIUM gal' OWTICT' OTOOCA.ifli("O' The [niencls ic � prx,)cevxj in dtc� 7 (ATgLICLI u kloguau,u, (Plei'i5r check Me cqquwpHale boy,, mialt to the cdark of The ('#y q,1',51int john, Ivid purtmem (14) ;Aqps rafter hav4pig been given the nwie,,x, Baa lhefi)lkoving u"ddiwss: C','Oinalon Clerks Of"Fice 15 Market Squaro, ('j.ty 11all Building, 80' �FI(wr A A Box 1971 Saint Jcdmn. Now Brunswick EMU "rc�icpi:iorw 'reic,c(n)icr06-67,44214 SOME a �2017, Si,gnaturc- du pj:-c)pri,6 a ire ow I'occiupam PappAnK) a (ant) Kintan6m Wuhhser I Wpm, oil case panwMr mWe Avis Xuppej paj- au NOC'O'f4r'dee cie77ye, oto` dahn dons lea" quatoo7,e O"O'loar's., qui slonvol't 141 dc Voi,aM Bure��,,,w du gref fier, oolrumunal 15 Nfiarket Sicjuarc-., F,,difice de de Ville, 8' chak"o, Case puawle 1971 SAM John Q cmveauwB nnmmhck) RAW Ta",16pfictnc: 5()6-653-2862 14'I&OPie'LLY5DIA744214 WE= I - a nuticc than, IGS not Wpeded (N) 1, IQ gvj'� (jpj�jc jj I'j"C's pas intoijeI6 appoll dans les 0 1 C")OCup] C V�S) bringhig A q1puai has (havu) a, rigbttollc Iwajd and traq be rc:presemted 1,)y cutuis& 3. On n appwl, the S,Mnd&Td Pr'orurlies �P Ywed or rescind or -extend the We I'm, with the nodze, 4, Th, Sriw dohn SWAslandeurd Prqperries 111) pal CAMOIle shall PtXWWO rI uqpy of Us deMn to r,11c Owl'wr(s) or ()cc'uj)Fw(Q of the Imetumises,, building or Snuenwe W—ArougN dw appoal within jourmen (14) dqys aftei inaking its dceisicq), The owncrfrt) oroccupier(s) j.)rovkIQd with a cupy, of a deckion Rova the , ud John ShbWanduni Alywal ru'ay apj"Wul the dvcision u) a, judge 4-4 'nei: C`rw"'11 Of Queen'S.Bench of New Brunswick within fourteen (14) dgyw aftpr temc ,copy, of the deeisjoti was provided lar hu ownuN) or, Occllpier'(S) on The gnowids WA (0) Ow procedure ;required to be R.Olowedl.,ly 01'e, Al , unfco%aidia; Act an ncpt kA1<,w(,,(,A, or (b) din decidon 1 pwWly u)i re as o n a I -,p I e ; paint on lits g% lmt- aud'iencc, au Cours Cie laqud:le le(s) PMOKAW Ow I %CuqMu[(s) qui imerjetle(ra), a (m) le droit d'kro ct peut(v(gj,(j ,,w fa, repr6senter par un av,ocat- 3. 1 mo dLauri al:)pel, 1,erlf."'Ps iqfi"rietows oorrnes (A, S'amt A."Aff'? Peet coafirrlwr' rTUJCfiI)C,r (%A annular 1%iAg ou praragpr, to d6h,,ti pour s'y 4, TL4 d di?s j')n"yyvri,iW's aux nog r,mes, ch! &unt John moil R,,)w°nix 'une copic de $a dk'A.siort ou(x) prOpTi&ah"C(S) OLI 4 1'0,oj,pant(s) dies Umax, du Mown m de la c,ovistruction qui tui tt(omj iatcrjeu6 -appel (lans les qualorze (14)ouj,w strkrara ki. d,ate w'i laquelle il Ur rui& sad46sion, pn�)priWre() m �h qui tone Qc)pk'. Me dMan a && fburtiipal- le Conn"(L'."� ("I'aly)OI day� ProlwWWs hyr "O*?Wes amv norones de, San A,hn peut(vent), i ua1 ias ualorze (14) jwtrs qui. Suivent, Wedw appel de 10 d6uhiun dawant un juge de Iz (War du E),rjrtc ide la Reijw& do i4LI MO(it' qw OV la d6marcho, i s'uivre en vertu de la Loj,'sur hn� W pas 04 Stlivic,, ou .(h) la Wision em' WORM WN Dr, id I I L ("'4' 1 dic Pro", mc,!° cl, n I nick PjOccs�, Sc I cr N I -A A I � I AND W AS VWJJ)W AH On do I "' A OfOuMwr K" A 7 21 p Hn I SoW PNIV (NoW Aw "kh 1ho Wshal FORM A NOTICE "YO (WIPIN. R.S,N.K 1973,c. NI -22, s,190AH(3)) no, "in NuricE OF APPEAL. FORM!, WunhfudWe,+ Ad, ICS.N.B, 1973, C, NI -22, wINA2"Ip. niaHat BWhUs "'A & 11"» b" lCwmp ;w Copies of' clocnincw's 1�idl H,1u Ihi ;) Wwuhi Inc to IMM NOW = Q.W. m Hw (Ah of Rakhamt whe (bwo iq QA and P"nuscofNov, Parcel Idewifier, 5s,5033158 "wwwwwwwK tinwon :wG sG b\ nummorwin whc idmNad lww= nwawltu by ohwn C hcwhJolc� W MIN in to ( nj of Wcnnon On% 2517 EIFFUM NH YMCHAEL p; yOUNG, A CWMQWw 0 Q's No, Rmwe of, NOW Bwvlskl, elm a SM01 K-11111 Do, ... . .... Foss! I FORMIJUE I NOTICE TO ('�OMPJ,�y MEHMA YOUNG AVIS DE CONFORNII-11', (Mon i9limififies A at, R.S. N,M, J 9 ACOMOOMM . FA LR.N.-B. de 1973, CM -22, S.191M)l (3)) tf t* NO m CIL NI -22 loan 190001(3)) Mg a Mhr Parcel Idenfirier:5503365,8 Midrem Main Stive; Saint Ne;w 13riti-iswick Owne"s) or Occupialls): Name: PMV Can-acka, 111C, N'll"lit"O WidUldflUtiOn of ]a PRITefle, -. 5503,,3658 Adresse : Me hdah. SWO! Job t, Ncm vmau -Rrwis­kv i ok Propi-iktah,e(i) ou occupay)) Neras ; P Canada Inc, Addrev s: 1006 %un JUH "Road, Fre.dericion, New Aldresse: 1006, nje Forest Hill, Arkirtswick., E38 %(-p E313 7G6 MuldtiPAKY AW09 mma CRY of Un t John I; y4 CoAtravened: Sefiw John f1O-(?atjse%T ami Davgerrms Buihfinggy and',Stme,mrry By. ]ONV N12111beraJ!ftd mlremitnealq Lhorot,(') (the, law"), Vroyision(s) contrAvene4l: P a ],-;i g 1, 'a 1) 11, S 19(01(1), 19UM I(L 1) and 190,01(2),of Ac( and McAdoo of condition(s); 111c. t:)relrd.8v is unsightly by pennit[Lnp,, junk, Wsh mose anti a chlapulawd bUil(.1hIg to rctnain on dto promise. The ImiWing Ims becorne, a Imam] to 010,8wrQty of dic public by reason of being vacant or and ha b"01110 'A J)"MIrdr w tht �,n.[otof fl -w, ptiLikc by reabor% of dihWidmkmi and by 9-CaSO11 CIf UJISOLHU.filc.,s (,yf asucturai sr"migth, I'lle condhms of the builditig ond premise are closcribed in Schelde QQ as tve aMy of Om impmdon rMon dowd Uctobm 10, 2017 1�xeqxar�od by Racliel Vane Wam, ILXF, By-law Officer, rcviewed and contsumd in Ir y Amy P, Q., By-law EnAncement Of Neer. llenie4y om- remetHes requked! The o-wtier i� CO'tKfi1Lj0jjq J)y CC� �njf I ,J, W ) �i ig Kh, the requinod romatill actions o('11se atkernentiotted inspectiolt ropurt and bring Eh O buVdhg and prentises irito complialillce with the alforesakl By-law, 111) the event: t1tat, the miter does, not remody the condhion of the building. and 1;remisoq in the time prescribed by this W -nice to Comrply, the buildhig may be demoldmdas the coamMe Won W. address the to t1le safety of the pubhc and The ppambes amy be elconexi In the munt o F deam) H dom aril delads arid n( mm, on the ,r)retniso; mvill ho disposed ti�)I' as dw, con=ckec action U) addims tho hazard to tlie , afoq of Ole publ,je. NmukiilopaliO signiomo I'avjs „ City ol," Sami: John AwrOd Unkebat fr r i a"yr-WaOf aux", h"eux et mv bdkFOn."Ilty 0 commactions danr�roixede Saiprl df,djn�, Arrt[[ nixm6ro M-30, ainst qxie ses rnodi ficatiorls 6­afikuttbes (l' i(ArrCt6w,), Dispashiamo) t,c,,,s par,,,ig Ih rS 191:O1 ,b 19DAI(LI) et Paragi-aphe ]qO,()If2) do la Loi sur a'tes ainsi quu les m(x1ij1Qajo,[js affinnites. 11WriptiOn ele I& (des) cundkfio�rk(s) : Le,�, heurx, Soul. inestlidtiques ear I.,V, rl"jet (a wit la pr6scnec dc ferraillit, do Whm et le Wtirux.,rit, Uhfln6. Le: Ic'l)Ujn_ t m �es We= d1mgemuso pottr la s4'cn1.jt6 40 PuNk", Chi, filit do son khabitabon ou k son loccuppajon el est ('10vow dangelum­ jw(,)UT la Cmrft6 du pk4blic du faft Lie ,(m d6la'brerneM at du ffiiL de tuatiqu,; de, solidW_ drh [Afirnctil, et des Hem sant NO= h 11nnexe a A x, LiftV CAY11je (Onj�)[-Jjje (JU rapport: d'inspentA on datedu 10, octr)hre 01"° Lmpn�paru,- par Racl°jO Van Wart, 18, kine agente ehar& d(,',' PeAcMion des =Ms rounicipaux, 1jiso tat ej,j d'ancorde avec par Au iy Poffenroth, urle agmue OnQ de IMMion des Wes muNwipaux. Mesure(s) i prouIx-e ;"Lar 1at-c1j,)ri&aiTe (161 rcmtarrct les (,�mlditiiv% cuk se conformaril, arum du rapport Winspection latittarraa;ra,t U1 tee ficluxen conrortnit6s, avec I'Atmh,6, Dans 1'6VCIAUVIfit (JUC ;ja pa"," IC Wirricia et les Houx dalls it tel:nRs Prsmil par lct PAM avis de conformild, le Miumt Pourront dwe d6moNs convue triestire o4jryerjj%",e cgnpto teems, quil repr6sente uri &m.gpr jw,mr la stk,,arjte` du pu],Av; ct Ics lieux P+.rkirrq)rrt Dims, de d6nolition, fous [,,es d6hosn 0 auum hem stir [es lieu x qojrt,)nt clispoks earri"Ime inesure commlive &.mq 10 b1fl, de rern6dier '10 dangea, 11P,, sih,,re,sronajon Of lanxt, premiscs or pen�oniil PMPOrtY cw cwt or fwnedhl =Aon in Onder to uorrlrol cn- reduce, eWaWaw Uw rdcm% aker to manmr of i0easo ur (be joicase of an)" MOnfaritinaig iMo or UPDn, A OmhmamaO or wty p.a!rt c-d'OU!, Date b=' hi ch tht retuady ar rem edles must nacm r! i 0 11c dwm)hWt,,� of the huddiog, -vlean-,up m:tf" ote PR)t1tily, and rx:1zflxd reirledies. niust be Cpl. pl"`� 1111411INTMit Rrpfj'IjCItj(rnS kn repoir ivlaled reinedies, rittu."t has sribm"itted: withil 60 thys o F behp, served w i:th 11"Ic Noticc tcl Conq)] Y, b) The repair TQMC(fiefi rXlUif. be Qoirjplete within 120, days (A lxjrq,,s, served wt kh tj�oc Notice, k") C'Olnply. to k)y 'which nq.Aice nmy be appeak& ljtijjrj, 14 days of h 6 n g ,icrved NO die N Oce to Cong Qn Praec% to aper peaf: '[`Jjbc Owjjcr!njkjy with, 14 dilys aher havinp la ms served wit Ns Ncofice to C� oropj, send, a, NO& of Appeal by raostared mail to tb(,,, (',"orarnon, (,lurk of"The -City rel" Safi,aJoh(fa, (11y Ittill, - 8'1"141,00r, 15 101V Squmvq Sajrul AAui, New BrunswiQ E2L 4L L Poteitfial pt^naIty for oon-compliatice whido 9POcifivd, finke:z 190.03(l) of the ,4ct ,,UItcs fliat a 'perm'"al who faik to comply mdth the tams uf die Ncaicz to C%miply ,hen urjder SOOkn"a 190kl 1 of Me said Am, canmWs an, ofliernx 11"'nst is, pliuislunble uixiet, P"ast If of to POGNUI W ni s F 4i ffell,,ce, W[Iere all offeftce undO, 190.03(1) counnues Q nuve Wan one day, the III firm th'at, rruiy 6C QwK is theininianny, Ono set by the Qi?Z,Pxay 4ce for, a tale tor F uff�.iwu muRybul by We rntrrnber of days during %+J ,ll I"I'le oft'ence eoutinkws, pi,arsuaot W subparagyaph Wit'"friiPaIJOY's Rulbority to nedgMabg repaR ow rcnied,y.,,� Su,bpa.rjtgraphs 1M4QXjj and 19(104(l)65) of The states t1hat if' a Nudcv to Ilins ham 9N wider sectimi 190-011 of' the said eko, aud III -at an owfler (or ocoupier does not uOmply wiOI Ific: Notice lo Oornply, as dctmcd c(�ja.firnan) Of' ds CCIFIfin1led or vwdMod by a coarmlee (PfCOUIlVil 01' FI f0dPO LaWer SOCUOn 19U21 of die slid Act, within rhes (6:),io &0 (,iut in the Not& to Compy die way, Cause die premises of War or OCK,U])ier to I -m- cleanal tw or Maired. nr cmuw Or nolunage, la retr►nise en Opal KICS liCUrX, (jeS1 teI`jjjj_ji5, 4,)U A; bictis ou autm 1110$'llie CoItreojjyM, durn le but de ou de r6duire, d'fliminer le d6versemeni, de moMfia- W We de dAwnvincra ou le d6verseumvt d% poquwU dams ou sur Vanvironnement OP Iowa Parr e de 11MOUrtnement. Date i bqwMe la ow Its mese res, dio.dvont 61're prisesi : A) La (,k.Mo1iritxt du b3iiiiwnt et I,& nettoyage dos lieux, doivev. &uv =00%, OU A wqxRe IQS platis et clorrtarlde she Perink POU'r les mommes des, ttpim�aiioi-as, doivent wive swarilisas, dial's le,,s ()(')° j(.rurs qui suiveal �,,ii �ogpi,tw,Miott de de conibrinite, b) LOS R'�"PJXVjO1IS refi'6'CA aux ri( ures doiverit i to°raartlylt to t as da ]IS lis , , qui 41 significarion Cie 1'avis tie coni"ornift6i! Date A laqudle un ttppej tic 11avis 1jejIl jttv !Dans les 14 j ouis q W su& m I a mu W em Wn dc P aAs de conftirni.46., Floemsms iVappel i La propri�,,,.Tairc peu-N, dans [cs 114 .lours qui suivenA la nWHOM do I&A de confin'U'r1ite" cnvoY6 rai avis, (.Pappel par Qcjurricr h la grefflifte eornnatirujt,o tit,, lair to The ("ity' Of Satiff[ .1011111, l"'djftc (;less 116tel de OW, 8' 6,it r:, 1,5 mtiiket Squ,,,irc, Saint Joan, E21, 41A, Pinaidli POSAble pear nen-coWVi-nmit6 damis ko 64,ai prescl-lb : I..'e pawgTaphe IWO(1) dc la, Le")i s"u"P fes munkoahms Ps"Ot quiconque ojrlxdo se corfl6riner aux exigences forrntdks (inns um avis de cur10rulk ata th'id aux tames do raW de J 90A 11 do jWj in Ju j, conuum une infraction qqi est panks&o un smu Cie la Parfie 11, de la 40 sur� ,'l prrrc&hiert, aux &OWOMMS PMWWOw4&1 fliTe Lie la classo, I", Loralu'une infiaoion PkVUC au paraglrqbe 190.03(l) s� Pourstdi irtendant plus dQuic jowmd% 1%wndQ 111, iftifllll [e 411i P01t1, al`e iilipasde est Painenda rnininiale pr6vuc par I,a jx)i sj.w ia qr)P4V'c,ej,bk ("Sux b'vrcx.fions prolivjeiejleL:5ur o.I,ne hAnction de la chap e F Ir­tL,dfij,,ih,&e ip,,a le: n►,.)n,.�hredv ,fours, loquels 11infraction se pourst,�il Ponvoir de In StulmicliodJU, d'entrepreodre Res r6parations em de preadre les maiaresi u ("On folyn&rion[ MIX 'ali'n(s I 90A04(l)(a), 19RO410610 et IWO) IN de 1a LW sw la v "woli,eq,xilitt""s, u kin avis de conf,"prialite, I�t 6t ~ igflifiti aux tons es do I at io I C 190)] 1 tie h"i'd j w 10is wear, sued: V, i V pmpddake ou 1'OQQuParI1 ne Se pas a C(",I: avis de conforruilk (Mns te d6bi impudi 0 W1 quT as[ r0prIN confirtne, ou rel qu'i] est corlfirrnd a')u itkidd,16 JR11' Un COM16 dL1 WITWU rwrr I)TW U11 jugQ en vertu, de MOW MAN r1h RAN- K; 1. Dulled ta-&,,tito W data day vf'Oclol-a)-, 2017 M onxi't"md'Ay�! ­fhe City ('11" Swlint '�O[:ln SigM'LIkLI-C 4)f M�JTJ(jp�jj, Offi-(,ej-� e'I hfumielpal fake 's Callstact inibrxnatiou, Name: Rachel Van Wan, Erl" Klaflh-tg '! adclro";a: (tows and COMMUMAY Development Senices The Oqr agar ave J AND YI 5 Marko Sqwi,rc Ch y Hau HOOM Wo FkWr P. Ch Box 197"1 SAW John, New Bningwick BMW Telephone.. (506) 658- 2,911 1,C) ecopiL:,r ; (5 00) 63 Aral 9 9 Law i 1, sew Of NOW: 1, All app,GolmiatQ pernflis rnutqf b� Ob4jtjjj,t.,d and am Id"Um kg%don mum A Coollied wAh in be cowle oumnug mo me requied rMoMal acdon, T NUM of Me AneCities imf atIvAmle Ow ohlipojgo m ompy wA?Wl Ote ro ci'volfly, I Clau bmarne as WIN doe on ok rvvm!ic'[lN-JkY 1444d nlaybc add -ad to 1110jo,"i'lo: 1111111sv'il'ml [IfId 1IL"Wincial kcal F",xvileyly AnommW uW Tox Nbkc. dU proprikaire ou also J,'Occuparit 0 da,wktiiivpn unw Crifinm (le la 31,1u,ni6palitE FMI 6 Saint Jolla le I'x!loinx"' %I I,o-lkipahlh � "I"he City C"A" Saira '101"I"n Sign,Wum de la repr6scittar],te rnarlkipale: Coordwinkes &'Ia repriscularav ;rjuqjajvjpaje ' 14( mn : R'ad'xl val"'I Wall, IS Adroqs� roaMe: Senke de I Qmss,artce el: dii 1.6-veloppco.mu� CvMnMnn%C III(,, C i ty of Sai rl.r NO'j n 15 Niuka Sqyme 1'. ! I 'ke de Ilt Me] de v 41c, I Oe Oage Case POSMIe 1971 '33aiO J ITL 4L 1, (506) 658-2911 (506) 632-6199 C'ou Sceau Cle 41 Inuill'GOW46 I% was � I. l'ous ilclo-flm 111mwcits' dvi'vellt N$tm: uiay.I'Ius CI: tmox": WOOMAn pew nleMe dolt WO WISIN Inndunt COW% de In masure de recol'or'q, I U pew= pa"S dc rcspccges '9I fzkxd)ppdcvjonuem LI'lle dt"'Iv.vnk%-r% Im Inunivipalilll`(."t peuvera swam 41W& & Puts dWhOml o XhWN�Wwy MMIQW v Nlain Street SAW -101MI, New Brupswicl, 14W55033659 Inspection Date &,,, Seplher 20, 2(j,j,7'& October 3, 2017 AUSPOCK0,31 (",und'acted by; Rachel V"an Wart, EIT In'troduction Dowd at Saint John, this--Q—day of 46 Officer ...... ..... I Inspokons of the prope,-,rte, at M,ai�n Stroet, PID# 550336-S8, t1lat,Lliere is a larw, two-storust y, wood ftanaed UCCSSory butldng (Me "HWIditig"), ()n day preftlisv. The, BiAkfing is locatcxl at the roar (Ar' 126 Main, StomL "The BaUmg has hs om Wt wjUj a separate PID nmnihmj 116, an jdkat tat of the parent propev:y at 120 Main Streets" All three p'n.),perties, are owned by the siuuc com,lixty'; all three pr � a ITop,ertj,c,s, 4jr(, v,,Qjjj,t 1b am standard enfhrcijnejat pmotAurcs, in Decernber 2016 with the ac�taccu,t 126 �Main Strext. The Property is locafQd in the "ity", Nerth End, in an t4rb , an Wntre re.,.,ii'dential zone. 1110 Buildtngr is, a hazard to Lite sal"CAY of thepiAbfic by rewwn of being OPCII, vacant, 1,)y reasuni of dill apidw6un and, by reasori, Of unsoundjac-gs, of swuctura-1 stivag1h. The BWIMng is :lot in oulnpliaurc With tlllc, S"(0i,07t J6h)l Premises, and Lkngawuy LNUdWgis and StrucjureS [�'vhnv, By-h',nv N."uni.ber 30, mid artiendmcrits Or the "BAWW"), Ull$jgh,,tb� Preluise Couditions subscai,on, 1) of One Acr skates: �No P017SWI shall penmit PYWAses owned, or oocupied by 11i,in"I or her to 13C lansighily'in y-TCUSUiUg LD remakii on any pail (ff such (4 Wly ashes., junk,rubbigh or rd,,'Use-, 1"1r) an acClltn, " I atom of mmod shimivings, pup er, sawdu t Or 0 ffic-r rtsid ue of produc,tion or equipment, maollinmu or die body. of any part of a vchi cle equipment or tuna thinner r,)r IV) a dBaodwd WHMng, 1. 11te'[Wding is dmod aWd US Was Wa wid m,:is,.sj,,ng sqjfit that is sagging oil the tiont of the Building. "I'here is 1.)ot[I tneta] and %r(jod siding on the Buildi,11g, with woodoz dapboards ui,i,Siflg a,lld hanOng M same locatiow.,;. Tl'a ftorit ON'llb-4y, of the Building is iii tar with the: wook'ldn 1',faining nwri,ibcrs, of tite openhig howing and Laige vowine or interior debris visible. In addition, the roof i�q M,s(.n WwWg Vocmut and, Unoccupied No person sball pa,j a W(Eng or� StrUcture o'wned or occupied by him, or her v.,) beewrte a hazat-d. txtbo safety of tile. put)ji"b)r reasori (-dbei ng V41cant orutwccmpiad, - - — — - —" - A .. "w9v killujium wilere ale tmor tias Mai Tbore is at the reom� Of" t1le Building that is open a�nd also, We, �s p,rovi ; int access ja I, shicture. Ruildings that are in a, dilapidated cortdition, `1`14 left UJI'mcured froto, public C11trY can atti-act vandalism., arscm tuid orfiminal 0,dfYi1,Y- There hiave been tw() 1-Whee reports filed, m9arding the neighboring buflApat 126 U,,im St,,teet; o,j,,4.Ct in All 17i 12,017 regarding child1w), 011'e h,Uilding, aM)thcr mpod; W June 2017 rGV- pa &t,irding teen ,,, �,,m gaining erit'ry to do drug,-%, hi addHen to baing a, hazard to ffia Ballet' of the pub hu hi the siorrounding area, this vacant building is lora major, bligtO at"recting the quality of life in, this, rosidemia] nei ghborhood, and deval,ues 110igh4oring properties due tO WPM Pexq,11ions of unsafe, detenoiraing buildings, 2- There is a, 16 of,"a fire cvcnt oocurrirl gher ris 9 uhltho ropy rt since it ii mown to the pubUc Amt the Building is mant arnid becauso it has been left open. ri.-.ic PmParly is afammit to a 1.11LImber ofvacant Properties; 126 Main S-Ireet (six - units) Mat Sustained a The in 2011 1120 Main Sixelet, a three-unitbui Wing that i. als(,,) mual and baudod, Across the street firom flac Building is, 105, 111, W 17, 121-1,25 mid 135 Main, Street which. am-, WJ SUM and vac -m -t build i figs, Due to the higll,-[j .. tg vacant proper es alml thm location, of Lhe,Budding behind 1,:26 Main Street, if a fire event Were tooccalur �vithin Ibc Building, neigji,bodmg tAtizens may not natice the Ore unt3 it is too IM Ile fie cauld also sprml to 11'we neigdabofing la remise which waulcj cni,sc signific,ant darivigro tothe bvkkfin, 3. There is a moman fbr cmergency, personnel s&rc-ty it) thu vent (,�)f W) enicr,gency. 1f'flrCfi,9`htm Stadst thme may bee people Inside the Btjilding, it Wotild lie r(),�'�,tsonablc to expm t Meymay, he roquh-ed, to, eriter it. The Condition of the interiar is not known tar firefi,901(ers vVilich pose a hazard 'lb their safety and othors who may be inside W thC evelit Of a fiiv� Therv am numerous amounts of con struotion iniaterials and dis-cardcd d&ris Wewn throug))ou t the instel e of the BUMU, These icon s art.d hazar()s could restrict dw rnovenaent or Cause in, ju�ry toernergency, persmanel aould they neod to in enw, Dilapidated.UnUding ComJftions Subsecti on 190A 1 p) arse jvtjju7 jc,jpja tiej(Ay .4 cl, states No person shall tr. buildirig of SITUOture! g-rnod Or taw cup'14-d by hint or her Uo bucoine a hazard, 40 dic saf'ety of theptibfi(w 'by reasau of dilapidation Ofstructural Strength, Tile Bading is a ljrjzarcj, t() (be saf&y of the public by Mason of dilapidation fbr the f"011c'ming reasons - I - The sewnd f1oar of the is mis�,,djjqp fi,f)or b,txuxts. If cliji trespassm enter the Buihfing, pen,;o,r),al injury Could =sdy oocur� 2, The Bufld,Lng is fiiij ()f (lism"ded household fumiturc and garha,f,, ge, i n addidon to turps and plastiC IM110119 tion"t the walls tind ociliflig, The VOlumc of dubris )v*,v; ire t1121( i"ISPectiOrl, staff"Was unabic to elktff (bc�: Building. T16s debris we.),Wd rost,nct the abifity oferijej-gq.-,jjcy Personnel to rastool ul ti) 8D f-n.,6(h-*vA withitt the Building, 3. White raould a�ppum-s to be pre,,;Crit oii, w,x,)den flooring gufld,iaThis !")o&cs, a, rcspiralorytitzilth oxlicern lbr thase who may t',,t),ter the BuM, ''Stabs tai, 191tol.pz) -off„ file Muni afit&�w" Act statos No ptrson Pcrrnita buildirig 01�' StrUCAWC11 OWJ�I.OLJ or, h,er to becx)nte a hazard to th(� safQty c,,if t. .la or unsounciritss o -n 111�v, public by rca,'on (A" t,� est., Ile BuUdWg is 11 WWI tO the SaMY UfAhe puhhc by, rw4so'n unsoui,j.docssnot Stittetural S(W-jigib flor li-te reasora s� Me is evidon= of soverc MxueturaJ defiormat"'OfIL wit1iij, the stju�clure. Supix)rts Bare beeri instalted between the BuMing and the vackint ujp�,�,tytu_jcnt 1)Uildij]g at 1:16 Madn Street. Tbese three 2x4s Lire attempting to stabilize telae bowing of the Baildijig, wall). Tlw large barri door opeming at the MA of the BuNing is distram ed es 1heAcader is bowing,, In Wxfitian, the roof is also bowing with s,4994,19 of the fiiseia, and KUL If a piece of ttu� Building were to, Eall off, it,(U.)uld Cause etious personal injury to individuals entolig the papeAp live load coold WS O cause fadber deknitation aad -ury. , I pmonal iqj Requked Reawdhil Mdons The ownermust sx)n1pywith one of we two 0,8,js Stge�j, twolow.,, , , Option -1,' J(;taedy the, coilditians, of the Budding dwough all rpair an.d r(mledial aaction's aa, s follows; The BuMns naust bt naust be, cc)111P1MlY repairM to rated y (4Q, above ruentioned hazwds to t aaltlit safoty whilc rneeting the requiren'wnts of Olt 3101ional Building, Cbdh,� of'C"anado, (2010) as well as all other appficable by-laws, 21'he Building awst be! "n3in't3inO, kepl, secure, and monitored i�)n as rautirx basis while the property remains vacant or unuscupied., 3, A detailex.] Plan anot be sahnitt,ed to the, Gromh and CbmtrustlityMveloprnent Services, Dtparl',nwilt OfthC CRY Df SaWl 1001 (the Jbr review and "yProval. Tbe P�4111, '51,10jald also includo a WlliedOle: 11 r the work that is, to be OW-17i.ed aqua. 11w ppoxod BUfldir)� must meet the Narion�.,,rWing )d,,'( C'anuefa, (70M) as wc�j,j as, Wier applicable codes, 4. 17las e detafled pjaj scliedules and, arty enp ,incering, r<,porti, must, b, appmvcd by thc DepartaWnt PHo1'tOC()jnm.encing repair work. 5 „ A building pennit must be obttuned 6ar any and all applicaMe work pirior to Ocnau'llenciog saRl WCA hvni the My of SaIA jobn in order to, coiny wjtjj thiel Sai'vit.Ali n Bi,,o'lefing ICY-Iefhl, Il y-lznv Nunaber C.P. '102 and atnetidnietrus thei-oo (th,c , "SaintJohn Buildirkg" ] V- la lv"). 6The prc�mise njilg t,.)e, cleared 0011 debris found, onthe pv)pejq�)r, including an,y and aH imbbih that may be Conskleired hazardous or intsjhtly, g, Jlw dtbris fironi the prcrnic must be jiSPOSW ()f 3t: OXI M)PI'(Wed 80 id wgwte disposal siteiri, ncotdaiwe with 111 Ipplicable lay -jaws, atam and regulzaiajns-,,Dc),CUuyj d f, that l: cilte tr()o �yd,VIMMSIKCS M OpMoved solid waste, disposal site was, used, iiva O'le disposai,of debris, m'ust bpiovideij to [,11C Departalerit `l la prerniaae rinIN't Own,pilly WMA as Bylaws, AOsll ',odes and Reguhakms. CQUAva Z., DenuAitiorl (yt" t1je: ilnild,aa g and e1cartup of ati de[)ris on the prenj;js;e by cOmPl,0119 with al] the runic(lial, actions , ", f . a., 6110ws: 3. 'rhe proussernrrr t Via ::i off4e debris Rair) the deniolition and d-te lc)t 1piast be,, jAQdv rewsonably tevel, with gvade W) M 10 WOVE1U,' a tYipping , �,-)r, filflijig All, debris Must bc disposed, of at an aPPMved solid 'waste disposaj cjte', acam-dance midl aH appEcable BY-Ilaws, Acts and �R,o and ill gulations. Dok%jrr.jcrjjzcj PRO that clearly den),Of1S1.rAU% al) appinved sol d wastu disposal skrttva,,;,",qexj1'�jff flfl(t disposal of Alebri% tnust 11c,j?rOvk'k;AJ10 11w Dcpixtincn,(a "tel OWS 1hat is currently ori Lhe pi.,,crnisc xnwt lie rctnoved and d ispoi�,,cd,c)f at Opponvul soUd waste dfispmal site, wid in accOrdAAW Witt), all applicable 1 -laws, Acts, and RqwlMions. DocuinonLed, proof", tIlAt clearly danionsixates an rkpprtived S(Aid was,te diqp()sal We was used the dispos,,,'d of debris, niust be, provided tc,n the Depailixtew. 5. Ile property rnu,gt be irt cornphnoe mid", all applic0fle By-laws, Acts, and Rcgrflations. Prarvd by: I wait, �E 171" '1'cchnk�,] Servioes Officer Ckowth and Con"kin Unity DevAuneat SaMzes Rvyiewed by fm'd C0110,11ved, ji"l, 1,')Y� 7 Arn,y P ETF Building [nspc,ctA)T- g Deputy Corn,trdssjOM11r Cfrowtli and (,'ojnnju,rjj,ty:NC c,vclop c,t r ell Date .................. . . . .... FORM, I 1973, Re Nw,-,,— H-E'r"WEEN � AppcHanKs), 11 nnd THE CITY OF SAINTJOHN, RG'Spandent, Parcxl Iderifiller, ! RLD # IC ULEI (Li(Ai SMOFION Mank4patiteh, L.R.NAL de 1973, ch, M-21, per. wi 6 is, E -Ali bt Nil' du doSS"Wr imun'ri-I if.) holote me qjn thia� ENTRE: 20L dkly al ----------------- -- - . ............ . ....... . ..... ... A CcurriWorm, of Oat's a pmoipimof N aw Brimik B&I as "Or UMCMEM . ut - 7171!°IE CfTY (H'S'All T YCHEN, Infini& Ntamfto d'identificaliari, do kr 1,)arceflc: # NAD Par(;,oLAdi;,fits,,,s: AdricsNed e la pwvwuc� : 0WTt01-($) Ot OWUPiCI(S)�� Name: Udruss: . .... ...... . . .. ........ .......... M= Prujuidtahm(s) irmi N0111 : 1ldph ogle Num: 1-11 - .. ........ ... ........... . ... . . . Adr ivise : . .... ... . ... ... ..... ..... . 3— 0 VIJ V %r L Wj, $j KoU d, p I ? u I I u j t L�' s I Ls k Wq not SmIgletat With 'ffit ter2ll$ aaaaal Coll ififit)[IS , t OUt [n Me nQ , ge ce Ar has bomi Qcn urider scction 190,011 of tju� AbRiQualuies vice and appeal's do Uj'o "I'lle appellang's grounds Ar 40s appeld are as JbHows (,s'c'!� (Oti'r the gF.f:??'r"jx cleay° %a Mir &4"'fly'): I.Appelant(s,) susnornni6(s) 11'accepte(i,A) ,as lc.� nlodafil'6s oul le -9 CO"CliflolU Wd y smit 6unic6s dans l'ayh qui as 64 nofillai! aux terrne�, do Vanide I 90A I I de [a Lot ate e ks nviniclj,WP6 el fbit, #pped alh, d!'4"y'q0 ales, al'u, Olurp'nex dle S'auv .1i4n, Les mulifis duppel de I'appela-ni(s) d,,,'ins, le pr,senl as el sm; les Suivants (6"?uruvoles, ohft on claire ei concise) : Signature of owner, uroc,cupiet The appellarit(s) iratcivd's to piocced in thu, Enp ;fj J�j_ or Erpt gq 7 Inpage (Ple(use check the 4qjWxyWWre bax) t?f Apixui, tt, is,(cn'd all S.'aint "IfAn at itijin fiatorteen (14), dajo%w aftet, hcmin,ary lie eta nooe-e at I'hefblA*4o�.g ruldr-ess: U-uiimon Ckrk's (.4flice 15 Slarket Squwre, C4y EWIJ Bkfillding!, 81 Fhmr P. Cl 'Box 1971 Sa41l John, New Bruns -wick E2L W "Feleplholw: 516-658-2862 Uampkr SOWN4214 RESIMORM 1. A notice tbat is not appoWed wilhin.fieurKeen (14, &me OAPr 1,.—. '11-:—'..' flk", —1-11-1- A.—Al 1— SigMAIL,Ure du ou 0 L'al"tPelant(s) a. QQ WoKun WuWbar I langue 4yu NOW; L, (PludW mahm. la fleudlez,A50 Immmm vomit Avir ellylvell)OV murrie'r au secy,44aft-e ?"Ive q/ saira Adhn chwas Icy qudifor,7,e (14)° jipuo% noi� fi< Ulloll tyti ( 6a'ws 6 Vrnld e - -w S'n Itruree" Hu'ivo,ii du 91TI-11Cf O'Ot,1111ILY1120, 1 5 Vlarket Square, 1�(Iifice de I'lif3tel (le -61b, 8" &jge We pasmIc 1971 Sailit John E2L4L] TNIAmm S1"rlWBAS62 J`416copicur 50,0-674-4214 ?qates , 1. Un avis ckm H iew pas stedeW appW does Ws Llic, r'JRJ'Qtc'jal W111C.'11 UIC owlleyt's) ar 00CU'llyels) laringing 111C "iPpeal has (have) aA F -4 1,11t U) be herwd, imid, 111,1Y IV represenUxi Iiy counsel 3. On an ualulaa ull,m the John S'ubsutruhwd Pt11'es eal Com'n'rUce may Cottfirt)), Inud",ty f")r I'V'scilu"i Whe 1'.Iodc')a or exienill the fliate for co'luplying Wh the We, 4' -11kc) S�"do"01 Juhri Subsiandarel ilppeal (Apmalivu shall Ipmviale as cq)y of A dedMon u) Me OAITWOS) oi- cwcupicr(s) of Lhie preimism, b=ng m Structiliv wh'(p i'l dw appeal within fi,,itirreept (14) ik,ttw afto- nnakirig its 4Rcisiom 5. '171he ommer(s) or ociaipiL-r(sl provided widi, 8 coj.)�y al' a dedskm, t1w Sezini Jaivo, ("i"n C ftee "n'lay aP1,00a] tfie p'jer�,'ie,s Jpjvai 'oomni, , ded0on to a jWje of The Cow of New BmnwwWk, withinfirumm (IQ, oNpt alta be capy of iffic decision wag pnmk6d lo Mo ownm(O raa q,',rccupier(s) oti the grouo(,6 duit the, pro,cM,ury tvquired to, pat folkmeAlby th,e Aa was noi folkxwcd, agar: (b) the decision, i,,,, pilluril,ly pedat en Ug" mv au tcjurs de haqUC11C 10 0) pmjvkhaire(s) OLI VOCCUpajV(S) qyi Wedemeod) appel au (onr) le droh d'CAre 0"mcnd'u(s) et peu,t(vera") 8.2 Ciliry rq,",nt.senter laaar raj "j%q)caj- 3. Ums W appel, le: d"al"pe.4 riesJn,oprh"Ju'.'s aux modnws ads" Saint .1611n, peul c,cnifirtrier, toodioct ('40 arimilor 1'avk o"LA pt"DrOj�?,,Vr IV L161,11i PUH S)s Cofifor'llier, 4, Le Comite ii"appei eles proprie'tes hrfi")Ieup'z's ntex norpnes ak, &7hn dexha doit, rounn'd une copia de sa =Mmi sz(x) propri&airc(s), OLI VOCCLIPa11'11(s) des, ben, du IdWrmit ou do la CoMuction qiA lul a(m), WOW appel da1j'$,1 les qualio,e7e (141 hours Suivaut W diate ,'), laquelle it as renduBaa . d6cision, 5, 1,,e(s) proprikaiirc(s) ou Poccupam(,$) A qui tme carp[e d1ne Wiskm a &L, f6LH-nic par le Cr.')miii (VappO 41ws' p)"e"prW`*""-s ft"/Lfrleures avy oien-pies eie Saint :Mar n dalls les, quaterze (14) jnun-s qui skiivcnt, hadcur appeJ de [a dftiFio,rr app a tarr4 unjup, do, la Coor dki Bmw (ile: la Reine dui iiu matil" que 60 la d6vumhe A sivre an veftu, de la Loispio, loll -Y mankowdU60 11"a] [MS 610, SkIdVk, OU (15) ha ddeisio,.n est CANADA PROVIN(""E OF NEW BRUNSWICK COUINTY OFSAINT JOHN IN THEMATTER OFTf IE BUILDINGTHAT ISIOCATED Al' ........... SAINTJOHN, N.B, (PID AFFIDAVIT CII SERVICE o,f Saint John, N.13, Make Oath And, Say AsFoflows� 1, 1 arn ernployed by The City of Saint John in its Growth and COMM Unity Development Services Department. I have Perconal knowledge ofthe matters herein deposed except where otherwise stated, 2. On . ...... ...... . -oximatcly I posted a ,,at appi copy of the attached Notice to Comply, marked Exhibit "A" and Notice of Appeal, marked E"xhibit "B"to the front door ofthe building that is located at . .......... L(, t I Saint,lolm, N,B, Sworn To before me at the City of Saint John, N.B., on the 7aY of 2017 CHRIST(DPHER D MCKIEL COMMISSIONER OF OXMS� MIY COMMISSION EXPIRES395 D r- (,' r F'7 1, 1ST, 2019 Om M45011e;- of 08, 1 FORNIII'VE I NOTICE TO CO , r4, P 1 " V WS DE (!ONF()RMY'r.(4',' a flarr rtr tar „ata r, Lf 1973, &S mannicipalft0s,, LJi.N.-B. do 1,971, whi-22, 0.190.01(3)) ch. N142, par. 190AI(3)) Parccl Idelldifier., 5�03365X AddresN: Nfatri Street, �aiilt Johri, New i3r,unwkk Owner(O or Occljpier(s): Name: PMV cttt,aat rw lxic. Nonvira d.' kientificAtion de N pArea-Re : 55033658 Adres&e NO Maill, Saint Johi'r, Noun eau-,B,r-tl.TjsW,j(:k lopri&l airels) eti occupajlt,(s�) Nona: P)dV Canada In, Addres,9.: 1 ('106 urc� t Hill CA 11vicimon., Now Andressu, I 006�, ruo Forest Hill, 1"'redcricton" BnhnsMk, ElBI(16 E3137(36 N1,11016pality itliixlg Alotice: City, of S,,rlim 101"tit BY-11tw c0aita vent d: Saint John UnsigQ, lonemrses and Dango000s Buildh'A'S'p, and By, law Number M-30 and mumAlawntg ihcrct(�,) (fl -,e 18y - law"). Provision(s) coutravened! Pmragraphs 19001(j), 190MI 0 J) and 19U.01(2) cif Acr, and alnr-nudniumts, Itiereto. Description of condiflon(s): The Prag, is Unsighux by perjuikiiuj; J�urtk, rul-,flnsh, refilse and as thtapidawd buil,diiLg to rornain on do pence Ile buikling Ims bjecoirle a httzard to HW SWIty of Me pubLic by mamm cir bed g vwaut, or urioccupied and !us bwome as huw to the SaBy of the pubUc by remala of MhpWx[j(,,,)jj jjrd lay reasoo W7 unsouaxhiess oC sjj,jctuj°,qj arength, The ooud6o.ns of Ow ImHdhg and r° rt -are dl"-6bcd W Schedule"A'%,ri, true copy of the ingxetiorl mpad dawd Owbe 10, 2017 Ineparud b, ,/ Racflio4 Van Wart, 1EIT, tly-11,aw Eubreeffle,11t, reviewed, by Amy PORIMOI, P. Eng. Hy4aw 011cer, Itemsy or renaedies requked: The tywner 1 to r021-110 I d Y the c(,mcfil ions by munplying, %OtI, r qu , ire rerneMal acthmz of the nhuomandnned, reposi and b,nng fl,,te knii1dIg and pumims iwo comphmme whb the aRvemid By4aw. In the event that be owner c,Iou not renjeoy conJition c)'t(ho building and prenw,ses in, the tante prcscilbed, by this Notice to Cornply, Me tmU&qg aw,y IN (JeTal olishe(I AS the conmetive: acliorl to addras the Mr 7,ard to 111C stlfVty of Um pubhe arid fficprelniws inay, be elconed up,, 3 Ac evmt of dennSlion, all, dehris alld ilems on, the w1d) be dipmed of as tbe coirreKli've adOu to ,address the hazard to be amara l" of Me puMk- Nlunicipallick sJIMIRent Pa, 1 (jqr of SaWt jo, AwrOf CaKWO A rrf,:N', re4,,gtd'aux hvru iprevlOiyue,.� et anx c -f, c!onVrlxti'Oas 1dangereux cle Saini john, Kl.-'Y), alirtsi quer se,,� modificatiianN Xtr6kik #). DQnshion(f) enfreinte(s) , Les, paragraphQ�,,; 191).01 (1 L 19M 0 111 e , paragraphe 19,() AI P) de jkj Lai' Sur les que- les rciodifiQaGons, aRUMAM, Descrij,wfioji de I& O(N) �,rwidkjoxj(s) L.es livax u"Pll( inesth6fiqu", en p-crateftalit la pr6senee de ft rraflk, de d&Hws el lo l)-kintent Le bafitnoat 0,�,A devenm dart gvrCUSC' [t" YLW h 6cujrjtd du public do lait de son ShabRahon our, (to ;ac)jj et est duvanu dangumuse pour ht qui tar rpr du ryubhe (Ju GO de smi ddabremmlt ei du Nit de xnm.ique de saNdRd, Us condix%s da bAtilnent ol, des heux rota d&T-R,08, a ramtexe a A q une cupic-,, corafiirino dn jqtpp(�)jnt (V itltuPcct ioll, ell clale (ki 10 octx,4)r,e 20 1 7r prw,pard par Rodllol Vall Wart, 15, une ag rata u,,hdxg�, drwr IVNal�,Gulion do,,s al-F&6S, municipaux, rovi&6 el, e,n d'accorde avoc par Amy 1401ml, l , tme agmlo eha,6 do 1'r 0cutAn des wrOtis mounicipmax, Nlelure(l) I prendre : La 1�')Topdtairve doit restaul-cu Im"; con"chlionsen Se 0ouforatant aux recool-lalaw 11:1110113 JRj rappc'ol lf'iltipec�fltm sumnention.o tit, t1lainerier le bObtod eL Ie.� IiQ tjx ell coji forini 1:6� avee I'Arr6t.6, Dans llvantuslhd clue la piyap,66(RjIV fIC PIVS Ic,� 1"Atiltnelo Lt les tieux dans to temps 1wenrk Pu' to prrwsent wAs de conlbrjnk6, le bfitirnent pokin-x.na a,,`Alv ddmolis comme incriore corrective conq-.Ac wnul qi.a"il lvpratserjlv un darlwr, poul. la s6c'uri16 (Ikt public et les litnxx p(,xlrroru! &M tlettroys, Dans I'Cvontuahte dktaohrkin, tous lio.s debris et "S *WS SUr WS Iia LIX WANIt (fiSI)(1S6& COAT1A1,),o 1110'.1.Ll'N 00nuctive dans lar. bitt de I I - I ® I - renit'Aier L &-jilppr Њ tŷƚƷƚ ЎЎЉЌЌЏЎБ ϔ tL5 ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ћ tŷƚƷƚ ЎЎЉЌЌЏЎБ ϔ tL5 ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ќ tŷƚƷƚ ЎЎЉЌЌЏЎБ ϔ tL5 ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ѝ tŷƚƷƚ ЎЎЉЌЌЏЎБ ϔ tL5 ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Њ tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ћ tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ќ tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ѝ tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Ў tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Џ tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ А tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ Б tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ В tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ ЊЉ tŷƚƷƚ ЌАЍЊАЌ ϔ tL5 ЊЋЏ ağźƓ {ƷƩĻĻƷͲ {ğźƓƷ WƚŷƓͲ bĻǞ .ƩǒƓƭǞźĭƉ /h…b/L\[ w9thw M&C No. 2018-96 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018 Asphalt Pavements Work OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Rod Mahaney Michael Hugenholtz / Jeff Trail Brian Keenan RECOMMENDATION It is recommended that this report be received and filed. EXECUTIVE SUMMARY Asphalt maintenance, surface repairs and new road construction are primary concerns of citizens and a priority of Common Council. This report updates Council on asphalt pavements work and associated funding allocated for Saint John roadways in 2018. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Operating Program Approved. October 2, 2017; 2018 General Fund Capital Program Approved. December 11, 2017 & March 26, 2018; 2018 General Fund Operating Program Approved. - 2 - STRATEGIC ALIGNMENT as it relates to investing in sustainable City services and municipal infrastructure. REPORT The following funding allocations have been provided for maintenance and resurfacing of asphalt pavements under the General Fund Capital and Operating budgets, and under the Water and Sewerage Operating budget for utility cut reinstatements: Asphalt Material (General Fund) $ 950,000 Asphalt Resurfacing (General Fund) $ 465,000 Asphalt Resurfacing (Capital Fund) $ 5,055,000 Utility Cut Reinstatements (W&S Fund) $ 850,000 Saint John Water has a requirement for the reinstatement of over 130 utility cuts resulting from water and/or sewer repairs undertaken during the past winter season with an overall average of 400 utility cuts requiring reinstatement each year. This is a planned expenditure with the funding for utility cut reinstatements included above. In 2018 the utility cut reinstatements will be carried out by Transportation & Environment Services crews on behalf of SJ Water. In addition, substantial internal resources (personnel and equipment) are programmed in the General Fund for the in-house asphalt maintenance and repairs. Longer-term preventative maintenance is multi-faceted and includes resurfacing, crack sealing, and some local area patching; all with the goal of extending service life of roadways. Resurfacing using contractor resources is planned for 28 street sections (44.60 lane kilometres) as shown in Appendix A. Notable in relation to this work are the adjustment of over 618 roadway structures (e.g. catch basins, manholes) in conjunction with the actual asphalt resurfacing. The $5,055,000 of funding under the Capital Program that has been provided includes provision for the replacement of existing curb and sidewalk in conjunction with the Asphalt Resurfacing Program on a number of street sections as identified in Appendix A. Existing curb and sidewalk will be replaced on sections of Brown Street, Lime Kiln Road, Saint Anne Street, Sussex Drive, Westmount Drive and Woodville Road among others. -3- Hot mix asphalt material is generally not available until late April each year. There are currently 127 Lane Kilometres of streets that are in the Reconstruction Category. General maintenance and repair work by City forces is planned for some of these street sections in 2018 but eventually these 127 Lane Kilometres of streets will need to undergo a full Reconstruction. Under the General Fund Capital Program, the following streets will be given new asphalt surfaces through reconstruction in 2018: Leinster Street (Sydney Street to Carmarthen Street) Rockland Road (Cranston Avenue to Parks Street) Visart Street (Adelaide Street to Natalie Street) Pavement Condition Index (PCI) The City utilizes measure that requires a visual inspection process to evaluate and rate pavement condition. The PCI is a numerical index between 0 and 100. The resulting composite PCI summarizes the structural integrity and surface condition of each street section and predicts future maintenance and rehabilitation needs. Deterioration Curve Asphalt Pavements The overall average PCI at the end of construction season in 2017 for City of Saint John streets was about 76. Based on funding allocated for 2018, the overall average PCI is projected to remain at about 76. - 4 - SERVICE AND FINANCIAL OUTCOMES Asphalt pavements, and concrete curb and sidewalks are essential infrastructure which directly impacts the quality of life in our community. Roadway infrastructure is important to the economic health of the community and citizens expect these assets to be maintained to an acceptable standard. Proper and timely maintenance of all roadway assets will ensure public safety, extend service life of the asset, and achieve best value for the investment. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS APPENDIX - Resurfacing Street List for 2018 City of Saint John Transportation Department Contract No.:2014 - 8 Project Manager:Rod Mahaney Engineer: Project Description:Asphalt Resurfacing 2014 Technicians:Rodney Mahaney Council's Approval to award contract: Date M & C approved Contractor's Name:Who won bid? Contractor's H.S.T. Number: Important Dates Advertisement sent upstairs 1 wk prior to insertion in newspaper When Tender Closes: When Tender Awarded: Number of Days in Contract: Contract to be Completed By: YesYesYesYesYesYesYesYesYes Sidewalk YesYesYesYesYesYesYesYesYesYesYesYes Curb 2.990.580.640.340.460.950.370.510.127.120.661.200.730.891.240.300.640.610.530.850.480.862.722.164.350.960.77 10.57 Lane Kms To Expansion AvenueBroadway AvenueWoodville RoadKing Square SouthCity LineBack of Mall EntranceBalfour StreetCharlotte StreetDead EndManawagonish RoadCharlotte StreetDead EndSomerset StreetMcDonald StreetWhite Bone WayCivic # 85Dead EndWentworth StreetEllerdale StreetEllerdale StreetEllerdale StreetMain StreetTechnology DriveCrown StreetLower cove LoopEllerdale StreetDead EndLowell Street Limits From Appendix A - 2018 Asphalt Resurfacing List Grandview AvenueGlenn Road King Square NorthChapel StreetWestmorland RoadPugsley AvenueCanterbury StreetSaint Anne StreetKiersted RoadSydney StreetLakeview DriveMillidge AvenueHickey RoadBayside DriveCivic # 38Ridge StreetSydney StreetLoch Lomond RoadLoch Lomond RoadLoch Lomond RoadHilyard StreetMillidge AvenueCharlotte StreetKing StreetConsumers DriveKennebecasis DriveChapel Street Street Bayside DriveBrown StreetChapel StreetCharlotte StreetClifton Street WestConsumers DriveCurrie AvenueDuke StreetElyssa LaneFairville BoulevardKing Square NorthLakewood AvenueLime Kiln RoadLoch Lomond RoadMcIlveen Drive (1)McIlveen Drive (2)McLeod StreetPrincess StreetRidge StreetRockcliffe StreetSaint Anne StreetSimonds StreetSussex DriveUnion StreetWater StreetWestmorland RoadWestmount DriveWoodville Road /h…b/L\[ w9thw M&C No. 2018-102 Report Date March 29, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: 2018 Roadway Construction Projects OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Brian Keenan Michael Hugenholtz Jeff Trail RECOMMENDATION It is recommended that Common Council receive and file this report; and further that the Mayor be authorized to request the Province work with City of Saint John staff to explore opportunities for active transportation improvements in conjunction with their planned structure projects in Martinon and on the Mill Street Viaduct. EXECUTIVE SUMMARY The City of Saint John has a number of major construction projects under both the General Fund and Utility Fund Capital Programs that will have a significant impact on traffic arteries. A map identifying the location of 2018 City projects is attached. Projects that will have a more significant impact on traffic are highlighted later in this report. PREVIOUS RESOLUTION October 2, 2017; 2018 Water & Sewerage Utility Fund Capital Program Approved. October 2, 2017; 2018 General Fund Capital Program Approved. - 2 - STRATEGIC ALIGNMENT specifically as it relates to investing in sustainable City services and municipal infrastructure. REPORT Staff of local road authorities - New Brunswick Department of Transportation and Infrastructure (NBDTI), Gateway Operations and the City of Saint John met on March 23, 2018 to exchange information on planned construction projects and to consider effects of the construction on the transportation network and traffic in the Saint John region. Also included were local utilities Saint John Energy, Enbridge Gas, Maritimes & Northeast Pipeline, Emera Brunswick Pipeline, Bell Aliant, Rogers Communication, Irving Refinery, and the Safe Clean Drinking Water Proponent - Port City Water Partners. The 2018 construction season will again have many large projects with impacts to traffic flows. The meeting was productive with groups sharing information on major projects that will impact traffic flows during the 2018 construction season. The purpose of this report is to update Council on current and planned roadway construction and the steps being taken to help mitigate impacts on users of the transportation network. Route 1 and Interchanges Work will be taking place this season by Gateway Operations on the Mill Street Overpass Structure starting in mid May for a two - three month duration and will involve deck repairs, asphalt milling and paving which will result in lane reductions (down to one lane in each direction). This overpass is part of a main transportation corridor between the North End and the South Central Peninsula. The ongoing SCP Neighbourhood Plan as well as other studies have identified the need to make improvements to this corridor to better accommodate pedestrian and cycling traffic. Given the scope of the planned work this represents an opportunity to include some infrastructure changes to achieve this goal. It is recommended that the Mayor request the Province work with City staff on this project and prioritize safer access for pedestrians and cyclists. Culvert work will be taking place at the MacKay Interchange in July/August with an approximate two week construction duration affecting both off ramps at Rothesay Avenue Exit 129 East Bound and Exit 129 West Bound. Detours to alternate off ramps will be necessary to accomplish this work. - 3 - NBDTI Projects NBDTI will be undertaking the following projects in 2018: Reversing Falls Bridge Rock stabilization under and adjacent to the east and west abutments, this project is still in the design stage. DTI plan to do at least the east abutment this year. There should be minimal traffic disruption with this project. Lorneville Creek #1 Culvert replacement. Planned traffic detour (full stth closure required) to be in place from July 1 to September 30 Martinon Overhead (Westfield Road over the railway tracks) replacement of the stringers and deck. Planned traffic detour (full closure stst required) from July 1 to August 31 Harbour Bridge Planned maintenance for approximately 2 weeks st starting around June 1 lane closures expected. DTI is also looking at additional work on this bridge which will be much more significant, details are pending. Marco Polo Bridge the District has identified this structure for anticipate this to be approved) Route 7 paving northbound and southbound lanes from Grand Bay Interchange area towards Route 1. Rothesay Ave/Rothesay Road intersection Intersection upgrades including signals. Tender date planned for May. Construction schedule is TBA. Th This section of Westfield Road includes a portion of the Trans Canada Trail. The existing bridge over the railway tracks is very narrow and cannot accommodate any pedestrian or cycling lanes. If this structure is being re-built this represents perhaps a once in a generation opportunity to make changes to accommodate active transportation. Staff recommend the Mayor send the Province a request to incorporate active transportation lanes into the new design of this bridge. Saint John Energy Projects Saint John Energy will be undertaking utility work that involves some excavation at the following locations: Boyaner Crescent, Michael Crescent, Bonita Avenue, McNamara Drive, Cindy Lee Street and King Street @ Germain Street (work confined to sidewalk & brick area to upgrade existing underground vault). Cabling work not requiring excavation will be undertaken at Chipman Hill, Golden Grove Road and St. Coeur Court. City Projects The attached City of Saint John Projects Map for 2018 includes projects under several categories: Asphalt Maintenance Resurfacing Water and Sewer Construction Street Reconstruction - 4 - Safe Clean Drinking Water Project Generally, the Asphalt Maintenance Resurfacing projects are carried out in stages: asphalt cold milling, structure adjustments and paving. These projects are normally of short duration with each location taking a few days to complete depending on length of roadway to be resurfaced. The construction duration will be longer for those locations where concrete curbs/sidewalks are included. Water & Sewer Renewals require trench excavation in roadways and will result in lane reductions, but there will be full road closures only in special cases where buried infrastructure is complex and significant work is being carried out simultaneously in various sections of the closed roadway. Street Reconstruction projects normally involve underground infrastructure renewals and replacement of roadway granulars in preparation for new curb, sidewalk and asphalt installations. This type of construction work normally requires full road closure. Work continues on the Safe Clean Drinking Water Project which includes the design and construction of a new Water Treatment Plant on the east side of Saint John, new transmission mains and the rehabilitation of existing transmission mains at various locations in Saint John. From the Projects Map, the following projects will result in significant impacts to traffic flow: Bayside Drive (Grandview Avenue to Expansion Avenue) Asphalt Maintenance Resurfacing - lane reductions. Loch Lomond Road (Hickey Road to McDonald Street) Asphalt Maintenance Resurfacing lane reductions. Westmorland Road (Consumers Drive to Ellerdale Street) and Consumers Drive (Westmorland Road to rear McAllister Mall Entrance - Asphalt Maintenance Resurfacing lane reductions. Princess Street (Sydney Street to Wentworth Street) - Asphalt Maintenance Resurfacing lane reductions. Union Street (Charlotte Street to Crown Street) - Asphalt Maintenance Resurfacing lane reductions. Charlotte Street (King Square North to King Square South) and King Square North (Sydney Street to Charlotte Street) - Asphalt Maintenance Resurfacing lane reductions, possible road closure two consecutive Sundays. Fairville Boulevard (Linton Road to Emco Lane) - Asphalt Maintenance Resurfacing - lane reductions. Leinster Street (Sydney Street to Carmarthen Street) Street Reconstruction road closure and detour. - 5 - Union Street (Prince Edward Street to Carmarthen Street) Sanitary Sewer Rehabilitation lane reductions. Hickey Road (Grandview Avenue to Loch Lomond Road) Safe Clean Drinking Water Project lane reductions. Loch Lomond Road (Hickey Road to Bon Accord Drive) - Safe Clean Drinking Water Project lane reductions. Rothesay Avenue (Thorne Avenue to McLean Street) - Safe Clean Drinking Water Project lane reductions. Traffic disruption could be subject to change depending on particular design and/or construction circumstances. Detailed traffic control plans will be developed with contractors and design consultants for all major construction projects. In addition to those identified above, other planned projects shown on the Projects Map should be less disruptive. There will also be normal operational and maintenance activities carried out by Saint John Water and Transportation & Environment Services crews. These are smaller in scope and usually only disrupt traffic on a street or street sections for a relatively short period. Staff have also communicated with other local utilities Enbridge Gas, Bell Aliant and Saint John Energy to exchange information about their work activities in order to coordinate respective programs and plans. SERVICE AND FINANCIAL OUTCOMES The planned roadway construction projects will result in improvements to the municipal infrastructure. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Communications Construction Information Keeping citizens informed is a key component of a successful construction season. Transportation & Environment Services, Engineering, SJ Water, Saint John Police and Communications will work together with SJ Transit, SJ Parking Commission, NBDTI, Gateway Operations, Port City Water Partners and the various other utilities and contractors to ensure that the public is kept informed on projects, delays and changes to traffic patterns. The various groups will also work together to promote information regarding alternate routes and modes of transportation. A coordinated communications campaign is being initiated to keep the public informed on construction progress throughout the season, along with impacts on the highway and road networks and various forms of transportation. - 6 - The following will be utilized to communicate information to the public: Public information sessions for major projects where required. The weekly construction updates report sent to the media and posted to the City's Website, sent via email notification, Twitter and Facebook each Friday. A sample of the weekly update is attached for information. Further information will be compiled as additional 2018 construction projects commence; "Spot" traffic advisories disseminated as required through various channels including media, email notification, Twitter and Facebook; Onsite information signage where needed and; Working with Destination Saint John and the Visitor Information Centres to keep visitors/tourists informed. construction map, a list of all projects and an explanation of the work to be carried out and detailed information about large projects; - 7 - Many construction projects and activities have begun or are planned for the 2018 construction season. Agencies are coordinating their public communications effort and this will continue as projects progress. Despite these, the public should expect disruption to traffic flows. Patience and understanding on the part of all network users will be important. ATTACHMENTS City of Saint John Projects Map City of Saint John Weekly Construction Update WEEKLYCONSTRUCTIONUPDATE MunicipalOperationsandEngineering LƓŭĽƓźĻƩźĻetƚƦĽƩğƷźƚƓƭmunicipales (506)6584455CğǣΉĽƌĽĭƚƦźĻǒƩ:(506)6584740 municipaloperations@saintjohn.cahttp://www.saintjohn.ca ConstructionUpdate/NouvelleshebdomadairesMarch29,2018/le29mars2018 DrivewithCautionorUseAlternateRoutesConduisezprudemmentouutilisezuntrajetderechange. PoliceWillBeMonitoringTrafficLapolicesurveilleralacirculation. ExpectTrafficInterruptionsS'attendreĠdesinterruptionsdelacirculation. 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COUNCIL REPORT M&C No. M&C 2018 - 93 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Harding Street West Truck Traffic OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Tim Michael Hugenholtz Jeff Trail RECOMMENDATIONS Your City Manager recommends Common Council endorse two recommended short term solutions, being the installation of parking signage and painting of crosswalk lines, as described in M&C 2018-93. EXECUTIVE SUMMARY At its March 12, 2018 meeting Common Council received a presentation from Geoff Keating, a resident of Harding Street West, with concerns associated with trucks travelling on his street. Common Council referred the matter to City staff for a report back to address questions raised during the presentation and to suggest short, medium and long term solutions to address concerns. This report presents two recommended short term solutions and provides an available medium term and an available long term solution, described as follows: Recommended Short Term Solution Paint crosswalk lines that cross Harding Street West at Main Street West Recommended Short Term Solution east side of Harding Street West Available Medium Term Solution Move the truck route from Harding Street West to Ready Street. This option is not recommended at this time. Available Long Term Solution Invest in the reconfiguration of the Simms Corner intersection. Staff are not seeking a commitment from Council at - 2 - this time since MoveSJ is underway and will include recommendations on this intersection and others in the City. PREVIOUS RESOLUTION As described in Executive Summary REPORT City staff has reviewed the presentation made at the March 12, 2018 Council meeting and have included in this report context, answers to specific questions posed by both the presenter and members of Common Council, and options for Council to consider. Limitations of Truck Travel Options From the Simms Corner/Main Street Area Trucks need to access the Simms Corner/Main Street West area. Industrial properties such Irving Pulp & Paper, Ocean Steel and Moosehead Breweries require truck access. Chesley Drive, Bridge Road and Simms Corner are all Provincial Highways and are truck routes designated by the Province. Access for trucks to Highway 1 from the area, particularly to the eastbound direction, are limited. The options can be described as: 1. East along Chesley Drive and Hilyard Street to Exit 123 at Somerset Street, travelling on many streets, passing by residential properties and navigating the Somerset/Paradise intersection that experiences significant vehicle delay (green line on following map), 2. Through Lower West to Exit 120 at Market Place West, passing a highly populated residential area (blue line on following map), or 3. Down Harding Street West, Ready Street or Catherwood Street toward Exit 119 at Bleury Street, passing by narrow residential streets (red line on following map). Access for trucks to Highway 1 westbound can use the same exits as eastbound traffic with one additional option, again passing residential properties (orange line on following map). There are no good alternatives. - 3 - Simms Corner Reconfiguration reconfiguration of Simms Corner. The project would include allowing two-way traffic on Fairville Boulevard at Simms Corner with improved traffic control at Simms Corner. The top portion of Fairville Boulevard is currently too narrow for two-way traffic and the current alignment of Simms Corner is not conducive to being a traditional four-way intersection. Reconfiguring Simms Corner would allow direct access for traffic, including trucks, through Simms Corner toward Exit 119, instead of relying on turning and travel on Harding Street West or Ready Street. Designs and costs for the reconfiguration of Simms Corner were reviewed in 2007. Reconfiguration with installation of traffic signals was estimated at a cost of approx. $7.3 million + HST, not including land acquisition, contingency nor engineering services (and has not been adjusted to 2018 dollars). A Roundabout was considered but not recommended for Simms Corner in the 2007 study. Staff recommends this option be revisited if the City and its partners - 4 - reconsidered this project. Staff see safety and operational efficiency opportunities with roundabouts generally and a lot of further study of their use in North America has taken place since the 2007 study. The Reconfiguration of Simms Corner would be considered an Available Long Term Solution to alleviating truck traffic on Harding Street West. Given the significant amount of investment required and the large number of competing priorities, staff recommend waiting for the completion of MoveSJ before commiting to this particular project. Trucks on Harding Street West Versus Ready Street Discussed at the March 12 Council meeting was the option of changing the designated Truck Route from Harding Street West to Ready Street. Currently, By-Law. Making the change from Harding Street West to Ready Street would require Council to approve amendments the current Schedule K of the Traffic By- Law as follows: Delete Harding St. W. with Limits Main St. W to Fairville Blvd. Add Main St. W with Limits Bridge Road to Ready Street Add Ready Street Add Catherwood St. with Limits Ready St. to Fairville Blvd. The discussion of Harding Street West versus Ready Street being the appropriate truck route is not new. A staff report and two Council resolutions from 1998 on the topic are attached to this report with staff recommending and Council supporting that the truck route remain on Harding Street West. It was true in 1998 as it is in 2018 that there is no clear solution between choosing Ready Street over Harding Street West as the truck route. Staff has developed a brief comparison of benefits between the two choices: Benefits of Keeping Harding Street Benefits of Making Ready Street the West as the Truck Route Truck Route Requires less travel on City Passes fewer residential streets properties One way status provides more Does not include a steep, sharp width at the intersection with turn, reducing requirements of Main Street West for turning using engine retarder brakes trucks One way status forces more trucks eastbound to stay on Fairville Boulevard - 5 - Although staff does not recommend further action at this time, Council could direct the truck route be changed now in the Traffic By-Law or direct staff to further investigate the option, bringing back a report at a later date. This would be considered an Available Medium Term Solution. Pedestrian Safety Concerns about pedestrian safety, particularly crossing Harding Street West at Main Street West was discussed during the March 12 Council meeting. A suggestion was made to paint crosswalk lines across this intersection. Acurrently exists crossing Harding Street West at Main Street West as per the Provincial Motor Vehicle Act. Motorists are already required to yield the right of way to pedestrians attempting to cross. Pedestrians can clearly indicate their intention to cross at a marked or unmarked crosswalk by extending their arm. It is important all roadway users contribute to roadway safety by knowing and abiding by their rights and responsibilities regardless of the traffic control or warning devices the City installs. Staff concur painting lines to reinforce the current unmarked crosswalk on Harding Street West at Main Street West is justified given the traffic and pedestrian volumes at this location compared to other locations in the City. This would be considered a Recommended Solution. On-Street Parking Concerns Concerns about illegal parking on Harding Street West causing excessive narrowing of the street was discussed at the March 12 Council meeting. The lack of sufficient signage was indicated as a leading cause of the illegal parking and -Law prohibits parking on the entire east side of Harding Street West. No Parking signs that indicate this restriction are required for enforceability. There is currently one sign at the top and mid-way on the east side Harding Street West. Staff will replace a missing sign at the bottom of Harding Street West and add two additional signs between the top and mid-way point of the street (all on the east side) to reinforce the parking restriction where most of the illegal parking is occurring according to the presenter. In addition staff will request additional enforcement from Police and the Parking Commission. This would be considered a olution. - 6 - Purpose of 2014 Traffic Count There was a question about the purpose of a 2014 traffic count that Mr. Keating described at his March 12 presentation. The purpose of this 2014 traffic count and many other counts across the City completed that year was to gather traffic and pedestrian flow data to help populate the Transportation Model currently Noise Emitted by Trucks A question was raised during the March 12 Council meeting about the noises -Law related to motor vehicles (i.e. squealing tires, unnecessary revving, lack of effective exhaust system) but there are no restrictions for a truck that is operating in good working order. No Province regulations past the City has installed signs on residential streets requesting they not be used but the City cannot prohibit their use. Given the steepness of Harding Street West, the sharp turn at the bottom of the road and depending on the truck used and its load, a jake brake may be required. Click here to enter text. STRATEGIC ALIGNMENT Move SJ - Staff presented in this report some Available Medium and Long Term solutions. Staff are not recommending these solutions at this time. Topics such as fundamental truck flow changes in the City and significant transportation upgrade projects such as reconfiguring Simms Corner are topics being considered in Phases 2 and 3 of MoveSJ, respectively. It would be premature to act on these changes without the context and data of MoveSJ. Finalizing MoveSJ will allow data-based decision making with appropriate community context toward improvements to transportation in the City of Saint John. Competing Priorities Whether it be Harding Street West or other areas of the City, it is important to recognize Saint John is an industrial city with many industrial and residential areas in close proximity. Heavy vehicles on Saint John streets are required for the economic sustainability of many industrial operations but are a detriment if in close proximity to where citizens live. There is no easy answer. Strategic initiatives such as Plan SJ and Move SJ assist in finding the best solutions to mitigate impact on both and finding the best balance where these priorities must compete. - 7 - SERVICE AND FINANCIAL OUTCOMES The two recommended short term solutions (crosswalk lines and parking signs) will help address some concerns raised during the March 12 Council presentation. Implementation of both are relatively low cost solutions and will be actioned this construction season or earlier if possible. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS and the Saint John Parking Commission have been consulted on the parking sign installation plan should follow-up enforcement be needed. Staff undertook some preliminary consultation with industry in preparing this report to confirm the truck routes used in the area and any measures taken to mitigate community impacts. More in depth consultation with companies that use Harding Street West and other truck routes across the City will be completed in the coming weeks as part of Phase 2 of MoveSJ. ATTACHMENTS 1998 City staff report and Council resolutions /h…b/L\[ w9thw M&C No. M&C 2018 - 98 Report Date April 03, 2018 Meeting Date April 09, 2018 Service Area Transportation and Environment Services His Worship Mayor Don Darling and Members of Common Council SUBJECT: Response to Cherry Brook Zoo Request for Assistance OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Michael Hugenholtz Jeff Trail RECOMMENDATION Your City Manager recommends Common Council receive and file this report. PREVIOUS RESOLUTION At its December 11, 2017 meeting Common Council referred the attached letter from the Cherry Brook Zoo to the City Manager. REPORT City staff have had several discussions with the Executive Director of the Cherry Brook Zoo over the last few months and completed a site visit to appreciate the request in more detail. Based on the attached letter and these further communications, City staff have committed to assist the Zoo in a couple of ways including providing regular supply of salt and sand during the winter and providing a decommissioned on Division had replaced. Occassionally, parking lot but are unable to commit regularly due to resource limitations. A number of vehicles being disposed of recently were reviewed and none were in an acceptable condition to turn over (they all required significant repairs). Many of the requested services or items will be considered on a case-by-case basis as opportunities arise. As an example, the Zoo was offered fencing on the site of a previously decommissioned playground. Consistent contacts between the City and Zoo have been established. - 2 - The Zoo was also the recipient of a 2018 Community Grant of $11,000 to pay property taxes and to contribute to a special event planned by the Zoo. SERVICE AND FINANCIAL OUTCOMES City staff strived to identify opportunities to assist the Cherry Brook Zoo that would limit impacts on other City services such as providing materials the City would otherwise dispose. Quantities of provided salt and sand (that are otherwised bought and used on City streets) will be monitored. Snow clearing support will be provided when Parks & Recreation operations can accommodate with available resources. ATTACHMENTS - 3 -