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1999-03-15_Agenda Packet--Dossier de l'ordre du jourAGENDA COMMON COUNCIL - as at March 12, 1999. 1. Meeting called to order, 7:00 p.m., Monday, March 15, 1999 - prayer. 2_ Approval of minutes (March 8, 1999). PUBLIC HEARING 3. 7:00 p.m. - Proposed Street Closing By -law amendment to stop up and close a portion of Market Square. (a) Letter of opposition from Eric L. Teed. Re proposed street closing — Market Square (City Solicitor). 4. Mayor's remarks_ COUNCIL 5. Re City Hall (Councillor Fitzpatrick). 6. Re Simonds Arena (Councillor Fitzpatrick). CITY MANAGER 7. Cancellation and rescheduling of public hearings in absence of Planning Advisory Committee recommendations re (i) Municipal Plan "housekeeping" amendment, (ii) proposed Municipal Plan amendment and re- zoning of 945 Old Black River Road; and proposed re- zoning of (iii) 120 McDonald Street, (iv) 1022 Millidge Avenue; (v) 33 Magazine Street; and (vi) proposed amendment to Section 39 conditions of re- zoning of 1922 Manawagonish Road. 8. Authorization to use Stockford Memorial Fund for purchase of maintenance equipment for Uptown area. 9. Response to March 1, 1999 request for consideration of possible acquisition of property at 31 Golden Grove Road. 10. Re HIP applications #82, #83 and #84 for development on Boars Head Road, in Monte Cristo Park and on Thornborough and Anglin Drive, respectively. 11. Response to December 21, 1998 request of Carleton Community Centre Museum Committee for use of basement area of Carleton Community Centre. 12. Proposed amendment to February 2, 1998 Council resolution re sale of Lot A, Osborne Avenue; re preparation and filing of subdivision plan to define proposed Lot A -1, and re negotiations for sale of Lot C, Osborne Avenue. 13. Re acceptance as official street names of Cardinal Lane to replace Threesome Lane, and renaming of portion of Parks Street Extension to Parkwood Avenue. CITY SOLICITOR 14. Payment for legal services in appeal re Fish & Game action. 15. Proposed amendments to Flood Risk Area By -law. COMMITTEES /COMMISSIONS 16_ Committee of the Whole report (February 15, 1999) - (1) re Freedom of the City conferment. 17. Committee of the Whole report (March 8, 1999) - (1) re bridge financing for Year 2000 Canadian Association Chiefs of Police Conference; (2) appointments to negotiating team representing Board of Police Commissioners and Saint John Police Force; (3) policy re appointments to commissions, boards or other organizations_ 18. Saint John Board of Police Commissioners re election of officers. 19. Saint John Board of Police Commissioners re 1998 Annual Report. GENERAL 20. Application of Dante Foriere for re- zoning of 31 Golden Grove Road. Page Two. COMMON COUNCIL AGENDA - as at March 12, 1999. COMMITTEE OF THE WHOLE - 4:30 p.m. 21.4:30 p.m. - Presentation by Excel Real Estate Inc. re Water Street property. 22. 5:00 p-m. - Presentation by Saint John District Labour Council. 23. Re Internet access (Councillor Fitzpatrick). 24. Re parking meters and pedestrian walkway on Church and Prince William Streets (Councillor Desmond). 25_ Letter from IAFF Local 771 re contract arbitration. 26. Re proposed street closing - Market Square (City Solicitor). 27. Re Municipalities Act review (City Manager). 28. Re compensation survey (City Manager). 29. Re proposed advertising agreement (City Manager). 30. Re proposed development at Mispec Park (City Manager). 31. Re possible siting of Eastern Works Depot (City Manager). 32. Re preparation for next consultation phase of Municipalities Act review (City Manager). 33. Re provision of compensatory storage - flood control (City Manager). 34. City Manager's update. 35. Mayor's update. City Hall J L5 Market Square March 10, 1999 OPEN SESSION Her Worship Mayor Shirley McAlary And Fellow Councillors City of Saint John P.O. Box 1971 Saint John, NB E2L 41_1 Dear Mayor and Council: RE: CITY HALL P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canaria E2L 41-1 City of Saint John I would like the opportunity to discuss with Council the future premises /site of City Hall in light of recent land transactions /acquisitions and the generated interests in various sites throughout the City. 1 feel it is imperative that we give staff direction to look at City -owned properties such as the Red Rose Tea Building of which I feel would be an excellent site for a new City Hall. Respectfully yours, St . itz atril i COUNCILLOR Le „r City Hall 15 Market Square March 10, 1999 OPEN SESSION Her Worship Mayor Shirley McAlary And Fellow Councillors City of Saint John P.O. Box 1971 Saint John, NB E21- 41-1 Dear Mayor and Council: RE: SIMONDS ARENA P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada ER 4L1 EI�1 A city of Saint John I would like the opportunity to discuss Simonds Arena with Council with the view of directing staff to come back as soon as possible with a report giving us a cost breakdown of required repairs. I would like to hear from others, as I'm sure I will, to get their feelings on the future of the arena_ I feel the arena is an important asset that we can no longer allow to deteriorate. Respectfully yours, Stele i rick CO tEL -0R,� REPORT "M COMUMON COUNC111L OPEN SESSION M &C -99 -89 City of Saint John March 11, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Cancellation and Rescheduling of Public Hearings On February 1 and 8, 1999, Common Council referred six applications to the Planning Advisory Committee, and authorized advertising for public hearings to be held on March 15, 1999. The six items are as follows: • City of Saint John- Municipal Plan ".housekeeping" amendments • East Side Welding (1994) Ltd.- Municipal Plan and Zoning By -law amendment, 945 Old Black River Road • Pizzano's Pizza- Zoning By -law amendment, 120 McDonald Street • Sandra L. Bell McKenney and Brian McKenney- Zoning By -law amendment, 1022 Mi.11idge Avenue • Carleton Congregation of Jehovah's Witnesses- Zoning By -law amendment, 33 Magazine Street • Doug McCaig and Austin Sleigh- Section 39 amendment, 1922 Manawagonish Road The six items were to be considered by Planning Advisory Committee at its regular meeting on March 9, 1999. Unfortunately, the meeting could not be held due to a lack of quorum. The possibility of a special meeting later in the week was explored, but no alternative date could be scheduled. As a result, the Committee is not in a position to provide recommendations to Common Council at this time. k���nr. — Report to Common Council March 11, 1999 Page 2 The policy of Council requires cancellation of the March 15, 1999 public hearings and setting of new public hearings. The earliest available date would be Monday, April 19, 1999. RECOMMENDATION: That Common Council schedule new public hearings for the six applications noted above, to be held on Monday, April 19, 1999, starting at 7:00 p.m., and authorize the necessary advertisement. e"ully submitted, w C,yam`, _, `. ,dim R. Baird, MCIP Manager, Community Planning . Claude MacKinnon, P.Eng. Commissioner yEnviroent & Devel l5ment Services Terrence Totten, C.A. City Manager RGP /r rOUNCIL M &C 98 -83 March 8, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT: Authorization to Use the Stockford Memorial Fund BACKGROUND: 1i`) City of Saint John The Stockford Memorial Fund was established in December 28, 1939 as a result of a bequest of $3,000 from Fannie M. Stockford of Boston Massachusetts. This amount was to be invested and the annual income was to be used for the upkeep and maintenance of King's Square. Staff wish to access this fund to purchase an attachment for a piece of maintenance equipment for the Uptown area. ANALYSIS• 1. Strate 'c Plan ConformilyAxisting City Policy In order for staff, to expend funds from the Stockford Memorial Fund approval must be given by Common Council. 2. Input From Other Sources The staff who maintain King's Square are finding it continually challenging to be able to provide the same level of services each year with reducing resources. To assist in keeping the same level of service staff wish to purchase a sweeper attachment for the Kabota tractor already in service in the King's Square area. This will reduce the necessity to assign additional staff to sweep the square and sweeping can be done more efficiently and on a more regular basis. This fund has been used in the past to pay for the upgrades to King's Square with respect to the King's Square Master Plan. Begat te 9001100 06100CN Earth !,1!!! Palo 2 3. Financial Implications The Stockford Memorial Fund has a reserve of $66,489 as of December 13, 1998. The sweeper attachment will cost an estimated $9,300 including taxes. RECOMMENDATION: It is recommended that Council approve the expenditure of an amount not greater than $10,000 to purchase a sweeper attachment, with the funding to be provided from the Stockford Memorial Fund. Respectfully submitted, 7 Bernie Morrison, Director of Recreation & Parks r William Butler, P. Eng. Commissioner, uni Services Terrence Totten, C.A. City Manager WB /sr M &C99 -85 March 10th, 1999 Her Worship Shirley McAlary And Members of Common Council Your Worship and Councillors: SUBJECT 31 Golden Grove Road, NBGIC 55050322 BACKGROUND - An City of Saint John At the March 1 St, 1999 Common Council meeting a report from the Planning Advisory Committee respecting an application for the rezoning of a parcel of property located at 31 Golden grove Road was considered. The agent for the applicant submitted a letter to Council requesting that the application be withdrawn prior to Council holding the public hearing. Council accepted the letter of withdrawal and no public hearing was held. Although the public hearing was not conducted, Common Council did express some interest in the second recommendation made by PAC respecting this property; namely "that Common Council consider acquiring the subject property located at 31 Golden Grove Road, as identified as a portion of NBGIC 55050322 ". ANALYSIS This is an irregular shaped parcel of property which fronts on Golden Grove Road and extends back to border along a portion of Marsh Creek. The parcel is comprised of an area of approximately 1.5 acres, with 25 meters of frontage along Marsh Creek. Because of the irregular shape and limited frontage along the Creek, the parcel is not well suited for floodway construction. Municipal Operations have advised that although the subject property is immediately adjacent to a piece of City owned property containing a sanitary lift station, its acquisition would not be of significant benefit. INPUT FROM OTHER SOURCES In response to Council's direction, Real Estate and Facility Management contacted the owner to inquire about the possible sale of this property. The owner indicated that he would be prepared to sell the parcel to the City for a price of $76,000. Staff cannot support the purchase of this property at that price. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, /1"O Wm. Edwards, P. Eng. MAQager Claude,MacKinnon, P. Eng. missioner d De0eldoment Services Terrence Totten, CA City Manager WE /Ifd Encl. COMMUNITY QLANHING PRINCESS COURT f : 1 _ s 1 4 ■ ZF := - 1 _ • B 1 -M. 1 � I 1� NBGIC Number (s): Subject Site. 55050322 (part of) - .yr- y_, = ?`.'r; t, Address: 31 Golden Grove Road i i Map Number: 07P -02SW Date: December 15, 1998 Scale: N.T.S. /D REF"O .rf TO C-1'0 L- 1-A0 COUNCU'L OPEN SESSION M &C -99 -88 March 11, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Housing Incentive Program Application HIP -82, 83, and 84 ANALYSIS: City of Saint John There have been 81 earlier applications, for a total of 629 units, previously approved for the Housing Incentive Program. The potential assessment increase will be over $59 million when all of the developments are completed. The following additional applications have been received. Applicant Location # and Type Estimated of Unit Grant #82 Spectrum Enterprises Boars Head Road 28 units $224,000 Ltd single family #83 B.C.G. Holdings Inc. Monte Cristo Park 4 units $35,200 single family #84 Joanne Batten and Thornhrough and 6 units $38,400 James McAllister Anglin Drive two family These applications will result in 3 8 housing units being established over the next two years. The total increase in assessment is estimated to be approximately $3,700,000. The Spectrum Enterprises application and the B.C.G. Holdings application are both for lots that had not been subject to a HIP application. The Batten / McAllister application is the second application for these lots. The earlier application ( #34) also included lots on Park Street Ext. which have resulted in the construction of six units. Report to Common Council March 11, 1999 Page 2. Strategic Plan Conformi ffixistinjz Cily Policy The development meets the criteria of the program as approved by Common Council on April 21, 1996. 2. lout from Other Sources Estimates of construction have been reviewed and reflect submitted plans and building permit estimates of value. 3. Financial implications The Capital Budget contains sufficient funds to meet this obligation. RECOMMENDATION: It is recommended that Common Council approve the Housing Incentive Program applications for: HIP# 82 Spectrum Enterprises Ltd for an estimated grant of $224,000. HIP# 83 B.C.G. Holdings Inc. for an estimated grant of $35,200. HIP# 84 Joanne Batten and Jim McAllister for an estimated grant of $38,400. i�� ubmitted, 11 �_. I'W/ R. Baird, MCIP Community Planning Claude MacKinnon, P.Eng. Comm, 'ioner "nvirrnent & Dev pment Services Terrence Totten, CA City Manager JRB /mmf COMMUNITY PLANNING R- lA B -2 oy R- IA B- -2 IWIN' t ,WNUE I- R R M I W m Cowl - R-lA R- 2 A R- B ... RS- 2 A'C us R - R- 2 R, I J R- IB R- IB R- 2 v RS- 2 R 2- RS- 2 Subject Site: NBGIC Number (s): 55089940 Address: Boars Head Road Map Number: 06N-79NW Date: March 10, 1999 Scale: N.T.S. COMMUNITY PLANNING Subject Site: #� j NBGIC Number (s): 00027219 (part of l . J 55100143 55100150 Address: Thornborou h St. & An lin Dr. i Map Number: 06N -89SW Date: March 10, 1999 Scale: N.T.S. Replacement Item #11 (recommendation # 1 revised to include need for agreement) M &C 99 - 92 March 15, 1999 Her Worship Mayor Shirley McAlary And Members of Common Council: Your Worship and Councillors: SUBJECT: Museum at Carleton Community Centre BACKGROUND: City of Saint John At the December 21, 1998 meeting of Common Council, a letter was received from the Carleton Community Centre Museum Committee requesting permission to utilize the basement area of the Carleton Community Centre to be a permanent Museum. Since then staff has been involved with this committee attending meetings and providing guidance. The committee has requested permission to utilize the basement area of the Carleton Community Centre as a permanent museum to display artifacts that had a relationship to the building and to Saint John West. For its first phase the group wishes to focus its effort on the former Police Lock -up area. Considering its use as a police facility this area has a lot of history. Currently the space is vacant and there are no plans to use the area for community centre programming. The committee is not requesting any monetary assistance from the City. It has formed a partnership with both the John Howard Society and the West Side Days Committee to apply for "Youth Service Canada Program" grant. If the grant is received, 10 -12 youth participants will be employed and provided training which will improve their employable skills and assist them in finding full time employment or return to school. During their employment the participants will conduct research on the history of the Saint John West and will also clean up the former Police Lock -up area. The results of the research project should address the physical requirements in order to restore the Lock -up area as a museum. Any resulting improvements will enhance the overall building. STRATEGIC PLAN CONFORMITY/EXISTING CITY POLICY The Community Recreation and Open Space Strategy adopted in 1992, encourages the City to change its role from a direct programmer to a facilitator — to assist community groups to help themselves. A positive response to the request from the museum committee would be in harmony with the 1992 strategy. Staff has been involved in assisting and encouraging the formation of partnerships between the museum committee, the John Howard Society and West Side Days. ANALYSIS This project will provide benefits to the community in both, short and long term. Staff of the Community Services Department is supportive of the project, particularly the proposed skill and development training of youth. The proposal to refurbish the former Police Lock -up is also supported. Any additional permanent use of the building would be evaluated after a comprehensive plan is received from the museum committee. FINANCIAL IMPLICATIONS The City of Saint John is not asked for any monetary assistance. The City is asked for use of the vacant former Police Lock -up area that will be refurbished by the museum committee at their cost. In addition, the City will provide space in the community centre for teaching Life Skills to the project participants. There will be no additional cost to the City to provide this space. RECOMMENDATIONS It is recommended that Common Council: (1) Support the initiative of the Carleton Community Centre Museum committee and authorize staff to negotiate with the committee an agreement to be approved by Common Council, for the use and occupation as a museum, of the former Police Lock -up area in the Carleton Community Centre, (2) Advise the Carleton Community Centre Museum Committee, that the committee is responsible to obtain any necessary building and occupancy permits relative to the refurbishing of the former Police Lock -up area as a museum, prior to occupying the area, (3) Authorize staff to coordinate use of the Centre so that the project team has space for training, and (4) Authorize staff to provide a letter to Human Resources Development Canada in support of this project. Respectfully submi �'J'X�— P. Eng. Terrence L Totten, CA City er lb December 9, 1998 Her Worship Mayor McAlary and Councillors of Common Council City Hall Saint John, N.B. E2L 4LI RE: MUSEUM _ CARLETON Mh1 NTTI' ENTRE Dear Mayor McAlary; On behalf of a Community group of present and former members of the Carleton Community Center, we are requesting permission to utilize the basement area of the Carleton Community building to be a permanent museum. As outlined in accompanying correspondence, this tivill be done in stages. It is to be noted that we are not looking for monitory assistance from the City but would appreciate research and advisel help when possible and requested. If this project is activated, we feel it would be a tourist benefit to the City and useful in promoting tourism. I have spoken with Bill Butler and Bernie Morrison of Community Services and they have shown favourable support of our endeavours. If further information is required, please don't hesitate to contact me at 674 -1752. Sincerely, ( !) c, Don Dwyer, Chairman ce:. cFF�c DEC 141998 REPORT TO COPAIVIGN "OUNCIL M &C99 -84 March 15, 1999 HER WORSHIP MAYOR SHIRLEY MCALARY AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT Lot A, Osborne Avenue BACKGROUND city of Saint John Council, at its meeting of February 2, 1998, authorized the sale of Lot A, Osborne Avenue (sec attached plan) to Mike Cavanagh Homes Inc. This sale is to close on or before March 31, 1999. At the time of negotiating the sale, staff were unaware that Mr. Charles Dunlop, owner of 20 and 22 Millidge Street, used a portion of Lot A for access to his property. Further investigation revealed that Mr. Dunlop has encroached upon Lot A for parking purposes and has also constructed a stairway over a small portion of the site. Although Mr. Dunlop's properties front on Millidge Street, vehicle access to his property is only possible by way of Osborne Avenue. The issue of access arose in October of 1998 when the Planning Advisory Committee (PAC) reviewed Mike Cavanagh Homes Inc.'s original development proposal for Lot A. Since that time, staff have had numerous discussions with Mr. Dunlop, Mr. Cavanagh and their respective solicitors. Late last month, staff and the parties involved discussed a tentative solution to the access and encroachment issues. The purpose of this report is to update Council on this matter and present an appropriate recommendation. Report To Common Council March 15, 1999 Page 2 ANALYSTV (D Strategic Plan Conformity/Existing City Policy The subject property was publicly offered for sale in September of 1997; no bids were received. As per City policy, staff can negotiate the sale of such properties, if an interested party comes forth with a reasonable offer of purchase. In this instance, Council accepted an unsolicited offer from Mike Cavanagh Homes Inc. and authorized the sale with a closing date of on or before March 31, 1999. © The Subject Property The subject property is 2.24 acres of land located along the upper portion of the former Rockland Road. In 1997 it was consolidated into a single parcel and was created by plan. The subject property contains about 200 metres of frontage along Somerset Street, however, due to topographical conditions, the only existing access to Lot A is over a 9 metre wide strip of land located off Osborne Avenue. During construction of the north -south arterial (Somerset Street — Bridge portion), Mr. Dunlop's traditional access to his Millidge Street properties was re- routed. Mr. Dunlop's new access is through the same narrow passage at the end of what is now Osborne Avenue that access Lot A. At that time, no right -of -way over the City land was granted to Mr. Dunlop. As per Mike Cavanagh Homes Inc.'s new development proposal, new access will be constructed to Lot A. This new access will be off Somerset Street. O The Original Terms of Salefor Lot A Lot A, Osborne Avenue, along with other lands in the Paradise Row Area were publicly offered for sale in the fall of 1997. Bids for land on Chubb Street, Moore Street and Paradise Row were received. No bids were received for Lot A, Osborne Avenue. In the winter of 1998, Mr. Mike Cavanagh of Mike Cavanagh Homes Inc. offered to purchase the subject property for $15,000 plus HST and applicable land transfer fees. Council at its meeting of February 2, 1998 accepted the offer and agreed to sell the Lot as per the following terms: Report To Common Council March 1 S, 1999 Page 3 ❑ The closing date shall be on or before March 31, 1999 ❑ That prior to closing, Mike Cavanagh Homes Inc. is to provide the City's Chief Engineer with an acceptable preliminary engineering design for a new access onto Lot A. O Input From Other Sources Real Estate and Facility Management has reviewed the situation and concurred with Mr. Dunlop's solicitor that a right -of way should be granted. After considerable discussion on this matter, it is proposed that Lot A be redefined to exclude that portion of land currently occupied by Mr. Dunlop (for access, parking and other encroachment purposes). This proposal would require an amending subdivision plan to create a "Lot C" (see attachment). The concept of the aforesaid amending subdivision plan recently formed part of the Planning Advisory Committee's (PAC) recommendation to Council for the proposed Mike Cavanagh Homes' Subdivision. This recommendation was approved by Council at its meeting of March 1, 1999. In order to proceed with the proposed solution, Staff is seeking Council's consent to initiate the amending subdivision plan and due to timing, the proposed terms of sale and closing date for the sale of Lot A should be amended. Mr. Dunlop has indicated he would like to purchase the newly created Lot C and would like to negotiate this matter with the City. O Financial Implications The subject property is surplus to the needs of the City and generates an annual tax liability of $1,000. The sale of the subject land will generate $15,000 in revenue and will facilitate a 12 townhouse development. Once developed, these units will each generate about $2,000 in property tax revenues. The estimated cost of the amending Subdivision Plan is $1,600, the cost of which can be recovered from the sale of the newly created Lot C to Charles Dunlop. Report To Common Council March 1 S, 1999 Page 4 RECOMMENDATION Your City Manager recommends that the Council Resolution of February 2, 1998, pertaining to the Sale of Lot A, Osborne Avenue be amended to read as follows: "RESOLVED that as recommended by the City Manger, Common Council authorize the sale of the Lot A -1, Osborne Avenue (as generally shown on the attached plan) to Mike Cavanagh Homes Inc. for the purchase price of $15, 000 plus HST and applicable land transfer fees, with a closing date of on or before April 30, 1999; that prior to closing, Mike Cavanagh Homes Inc. is to provide the City's Chief Engineer with an acceptable preliminary engineering design for a new access onto the Lot A -1 (if applicable); and that the Mayor and Common clerk be authorized to execute the necessary documents. " It is further recommended that Common Council authorize: 1. The preparation and filing of a subdivision plan for the purpose of defining the proposed Lot A -1, (as referenced above) and the creation of Lot C; and 2. The commencement of negotiations with Charles Dunlop for the sale of Lot C, Osborne Avenue. Respectfully submitted, ke. l . Sid Lodhi, P. Eng. Manager Real Estate and Facil!!y Management Claude MacKinnon, P. En g. Commissioner Environment & Development Services Terrence Totten, C.A. City Manager Somerset Street The shaded area represents an illustration of the existing Lot A, Osborne Avenue, while the rendering within represents the-proposed configuration of Lot A -1 and Lot C. 1,3 REPORT TO C01VA,10N k-A-')UM'Lr1-j OPEN SESSION M &C -99 -86 March 11, 1999 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: STREET NAME CHANGES The 9 -1 -1 Civic Address Program completed by the City in 1996 confirmed, assigned and verified that each property within the Municipality has a unique civic address. Emergency service personnel can confidently locate a problem situation knowing properties are properly civic addressed. Civic addressing has entered a maintenance procedure that will result in new street names being added from time to time. This report deals with two suggested street name changes. Change of Name c, City of Saint John Threesome Lane is located off Woodside Drive in Morna Heights. Property owners have made a request to have the name of their lane changed and renamed Cardinal Lane. The proposed name has been checked and the change is recommended. Parks Street Extension, runs between Fifth Street and Sandy Point Road. The portion of Parks Street Extension leading from Sandy Point Road has recently seen the addition of several homes, which created a civic number shortage. This could be resolved by renumbering several properties in the area for the short term. However staff feel a more proactive approach should be taken to provide for future development extending toward Thornborough Street. This new Report to Common Council Page 2 March 10, 1999 development would require a new street to be developed which would be an extension of that portion of Parks Street Extension that enters from Sandy Point Road. It is this portion of Parks Street Extension, which is proposed to be renamed. This would also eliminate the potential confusion around the sharp turn which Parks Street Extension now takes, giving the driver the impression they are entering on another street. It is recommended a portion of Parks Street Extension be renamed to Parkwood Avenue as illustrated. Property owners have been involved in the discussions concerning the proposed names. Following the adoption of the proposed changes, property owners will be notified by letter of all civic address changes affecting them and advising as to when they may start using their new address. It will be the responsibility of the property owner to inform any tenant or occupants using these premises, of the new civic address for these particular locations. It should be noted that the status with respect to services that are provided does not change. RECOMMENDATION: It is recommended that Common Council adopt the following as " Official Street Names": a) Cardinal Lane to replace Threesome Lane b) Parkwood Avenue Z lly submitted, ird, MCIP Manager, Community Planning . Claude MacKinnon, P.Egg. Services Terrence Totten, C.A. City Manager GPTS /g Attachments LL11 4j Cl xr .1• L 4 LJ LLI tv LD"A 1 Legal Department John L. Nugent 1 City Solicitor I F March 12, 1999 P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Her Worship Mayor Shirley McAlary And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Tel.: 506 658 -2860 Pax: 506 658 -2802 Re: City of Saint John et al (Appellants) v. New Brunswick Fish & Game Protective Association (Saint John Branch) Inc. - Account for Legal Services City of Saint John We have received the account of Patterson. Palmer Hunt Murphy for legal services provided in connection with the appeal in question. It is now in order for Council to authorize the payment of that account which is in the amount of $6,245.71. Respectfully submitted, John L. Nugent City Solicitor :cd Attach. PATTERSON PALMER HUNT MURPHY Atlantic Canada Lawyers Truro Saint John St. John's Charlottetown Halifax Moncton Montague Formerly Palmer O'Connell Leger Roderick Glennie f - tN ACCOUNT WITH March 4, 1999 City of Saint John Legal Department, P. O. Box 1971 Saint John, N. B. E2L 4L1 Attention: Lynda D. Farrell TO PROFESSIONAL SERVICES RE: Appeal The City of Saint John and Saint John Horticultural Association v. New Brunswick Fish & Game Protective Association (Saint John Branch ) Inc. TO COSTS HST (15 %) Disbursements: T= Subject to HST E= Exempt from HST Paid _mileage 177.50 E Paid photocopies 276.70 T Total Disbursements 454.20 HST Calculated on $276.70 41.51 TOTAL FEES & DISBURSEMENTS 11 -06 97/11/3803 This is our Statement of Account Patterson Palmer Hunt Murphy Per $5,000.00 750.00- $5,750.00 495.71 $6,245.71 U One Brunswick Square. Suite 1500 0 Blue Cross Centre, Suite 220 Saint John S.N. x 12t43 9335 RT PO Box 20100. Moncton PO Box 1324, New Brunswick int 4H Accounts are due when rendered_ New Brunswick. E10 9M1 interest will be charged on past Telephone: (506) 632 -8900 due accounts at the rate or Telephone: (506) 856 -9800 Fax: (506) 632 -8809 1 It. -, per month (18 per annum) Fax: (506) 856 -8150 Legal Department John L. Nugent /5 City Solicitor March 12, 1999 EO. Box 1971 Saint John New Brunswick Canada E2L 4L1 Tel.: 506 658 -2860 Fax: 506 658 -2802 G`A A Her Worship Mayor Shirley McAlary City of Saint John And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Re: Amendments to Flood Risk Area Bp -Law Several months ago Council directed that an amendment to the by -law be prepared which would: "... allow the Building Inspector to accept a sum of money from a developer in lieu of requiring compensatory storage, when such storage is not practical or possible; ". The Community Planninjz Act is the source of the City's authority to enact a Flood Risk Area By -Law and the Act does not permit the amendment sought by Council. According to the Act only Common Council is able to accept money for compensatory flood water storage capacity and only within the relatively narrow circumstances identified in Section 41.2 (6) of the Act. I have addressed this latter issue in recent correspondence to Council dated February 19, 1999. However, in the course of examining the Flood Risk Area By -Law and its enabling legislation, a number of provisions were identified which would benefit from amendment. The Building Inspector is responsible for administering the By -Law and we have discussed with him the proposed amendments. He is in agreement with them. I am attaching an office consolidation of the Flood Risk Area By -Law provided by the Building Inspector for reference. .../2 Mayor and Council March 12, 1999 Page 3 •Section 13 simply describes a variety of flood protection measures which "... may be used ". Those options and others are available independently of the By -Law and as this section neither poses obligations nor confers rights, it is better deleted. 3. The correct and accurate designation of municipal officials, within the By -Law. Reference is made to the "Director of Engineering" a position which no longer exists in the City's establishment. It is suggested that the reference be changed to the Chief City Engineer. 4. Miscellaneous matters such as: • changing the title to reflect the existence of four separate flood risk areas, i.e., Flood Risk Areas By -Law. . changing the term "flood storage capacity" to the term used in the enabling legislation, namely, "flood water storage capacity". In summary I would recommend that Common Council: I. Give first and second reading to the proposed amendments attached to this correspondence and marked "A" • and Il. Request the written views of the Planning Advisory Committee on those proposed amendments. Respectfully submitted, Jo4�G L. Nugent City Solicitor :cd Legal Department John L. [Nugent P.O. Box 1971 Tel.: 506 658 -2860 15 City Solicitor Saint John Fax: 506 658 -2802 New Brunswick Canada E21, 4L1 March 12, 1999 Her Worship Mayor Shirley McAlary city of saint John And Members of Common Council City Hall Saint John, NB Your Worship and Councillors: Re: Amendments to Flood Risk Area Bp -Law Several months ago Council directed that an amendment to the by -law be prepared which would: "... allow the Building Inspector to accept a sum of money from a developer in lieu of requiring compensatory storage, when such storage is not practical or possible; ". The Community Planning Act is the source of the City's authority to enact a Flood Risk Area By -Law and the Act does not permit the amendment sought by Council. According to the Act only Common Council is able to accept money for compensatory flood water storage capacity and only within the relatively narrow circumstances identified in Section 41.2(6) of the Act. I have addressed this latter issue in recent correspondence to Council dated February 19, 1999. However, in the course of examining the Flood Risk Area By -Law and its enabling legislation, a number of provisions were identified which would benefit from amendment. The Building Inspector is responsible for administering the By -Law and we have discussed with him the proposed amendments. He is in agreement with them. I am attaching an office consolidation of the Flood Risk Area By -Law provided by the Building Inspector for reference. ... /2 Mayor and Council March 12, 1999 Page 2 The proposed amendments deal with the following matters: 1. Recognition that development may occur in a flood risk area provided that the development occurs without reducing the flood water storage capacity of the area. Sections 4(2) and 10(1) are proposed to be amended to permit such development and to expressly provide that compensatory flood water storage capacity must be provided so that at no time does the development produce a net reduction in the flood water storage capacity. 2. The deletion of superfluous provisions as well as those rendered unnecessary as a consequence of other amendments. *Subsections (2) to (7) inclusive of Section 3 are merely descriptive of what the By -Law provides - they are commentary and have no operative effect. They are not appropriately part of the By -Law and should be removed. •Section 6(4) states that the Building Inspector "may" recommend that Council impose terms and conditions upon a development. It does not confer any authority upon the Building Inspector, who may make such recommendations whether or not the By -Law addresses the issue. Consequently, that provision is better deleted. •Section 7(3) requires that a deposit be delivered to the Building Inspector for each development to which the Flood Risk Area By- Law applies. The Building Inspector advises that this provision has been construed to encourage the timely provision of compensatory flood water storage capacity. The proposed amendment to Section 4(2) and Section 10(1) expressly provide that a development shall not be undertaken which would produce a net reduction in the flood water storage capacity of an area, and consequently 7(3) is no longer necessary. .../3 Mayor and Council March 12, 1999 Page 3 *Section 13 simply describes a variety of flood protection measures which "... may be used". Those options and others are available independently of the By -Law and as this section neither poses obligations nor confers rights, it is better deleted. 3. The correct and accurate designation of municipal officials, within the By -Law. Reference is made to the "Director of Engineering" a position which no longer exists in the City's establishment. It is suggested that the reference be changed to the Chief City Engineer. 4. Miscellaneous matters such as: • changing the title to reflect the existence of four separate flood risk areas, i.e., Flood Risk Areas By -Law. • changing the term "flood storage capacity" to the term used in the enabling legislation, namely, "flood water storage capacity". In summary I would recommend that Common Council: I. Give first and second reading to the proposed amendments attached to this correspondence and marked "A "; and II. Request the written views of the Planning Advisory Committee on those proposed amendments. Respectfully submitted, �G Jo4in L. Nugent City Solicitor :cd Proposed Amendments to Flood Risk Area By -Law Headin • delete the word "Area" and substitute "Areas" General • delete the word "bylaw" wherever it appears in the by -law and substitute the word "by- law" • delete the words "flood storage capacity" wherever they appear in the by -law and substitute the words "flood water storage capacity" 9 delete the words "Director of Engineering" and substitute the words "Chief City Engineer" e add Section 2.1 as follows: delete the word "Act" wherever it appears in this by -law and substitute the words "Community Planning Act" Section 1 delete the word "Area" and substitute the word "Areas" Section 2 (2) delete the word "the" and substitute the word "The" (3) re "development" - delete the words "means the term "development" as prescribed by Section 41.2(3) of the Community Planning Act to include" and substitute the word "includes" Section 3 • repeal subsections 2 to 7 inclusive Section 4 (2) - repeal subsection (2) and substitute the following: "subject to subsection 10(1) a development that would reduce the flood water storage capacity of any flood risk area" (3) - repeal subsection (3) -2- Section 6 (2) - amend by adding the following: "(xiii) where a developer proposes to provide compensatory flood water storage capacity, full details with respect to the provision of the compensatory flood water storage capacity, including its location and the amount and the time that it will be ready" (4) - repeal (5)(e) - repeal (5)(f) - delete the words "Director of Engineering" and substitute the words "Chief City Engineer" Section 7 • repeal subsection (3) Section 10 (1) - repeal subsection (1) and substitute the following: "(1) a development that would reduce the flood water storage capacity of a flood risk area may be carried out if the owner of the land upon which the development is undertaken has provided within that flood risk area compensatory flood water storage capacity in volume equivalent to that which would be displaced by the development. The compensatory flood water storage capacity shall be provided in time to ensure that there is at no time any reduction in the flood water storage capacity of the area as a result of the development or any portion thereof." Section 13 - repeal Section 15 (3) - repeal subsection (3) and substitute the following: "(3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Development Officer for the City of Saint John shall have all the powers and duties of the Building Inspector under this by -law." THE FLOOD RISK BYLAW OF THE CITY OF SAINT JOHN, NB Be it enacted by the Common Council of the City of Saint John, as follows: TITLE This bylaw may be cited as the "City of Saint John Flood Risk Area Bylaw ". INTERPRETATION 2. In this bylaw (1) 'Building Inspector" means the Building Inspector appointed by the Council. (2) "Council" means the Common Council of the City of Saint John. (3) "development" means the term "development" as prescribed by Section 41.2(3) of the Community Planning Act to include: (a) the erecting, placing, relocating, structurally altering or replacing of a building or structure, and any excavation or other site work preparatory thereto, except in respect of utility poles and wires, traffic control devices or statutory signs and notices, (b) the resurfacing of any area, (c) the alteration of land levels on the topography of any area, including excavation, and (d) the placing or dumping of landfill in any manner. 4) "flood- proofing" means either the use of building materials that are less affected by inundation during flooding or structural changes to buildings to keep water from entering and causing damage. Typical measures include sealing walls to control seepage, permanent closure of unnecessary openings, removable bulkheads for necessary openings, raising floor level elevations above the maximum expected flood level, and proper anchorage to prevent buoyant forces from lifting buildings off their foundations. E (5) "flood storage capacity" means, that volurne contained over a certain area between the ground elevation at the time of the passing of this bylaw and the flood protection elevation shown on Schedule "A ". (6) flood protection elevation" means the existing ground elevation along the line delineating a flood risk area designated by the Minister of the Environment. (7) "landfill" means the placing or dumping, with or without compaction, of earth, sand, gravel, rock, rubble, rubbish, garbage, snow, ice, or other natural deposit or any man -made materials whether similar to or different from any of the aforementioned materials, whether, originating on the site or elsewhere, used or capable of being used to raise, lower or in any way affect the elevation or contours of the ground. (8) normal floodway" means the area along the watercourse needed to carry water to the flood protection elevation at any location as shown on Schedule "A" along with a strip of land 4.6 metres (15 feet) in width on either side of this area; and is more precisely defined as the area included within the distance shown from the centre line of the watercourses listed in Section 5. SCOPE OF BYLAW 3. This Bylaw, (1) applies to the flood risk area(s) designated by the Minister of the Environment of the Province of New Brunswick which are shown on the map(s) attached hereto as Schedule "A" and entitled "City of Saint John Flood Risk Area(s) designated by the Minister of the Environment" of the Province of New Brunswick under Section 41.1(1) of the Act. The flood risk areas so designated are: (i) the Lower Marsh Creek Flood Risk Area (ii) the Glen Falls Flood Risk Area (iii) the Mystery Lake Flood Risk Area (iv) the Kelly Lake Flood Risk Area (2) provides, within the flood risk-area(s), for (i) the maintenance of an adequate floodway for conveyance of flood waters, the conservation of the flood storage capacity of any area, and (iii) the protection of new development from the risk of flood damage. (3) prescribes engineering techniques to be followed in all development within the flood risk area; (4) prohibits all development except in accordance with the prescribed engineering techniques. (5) (i) requires that all development in the flood risk area shall be carried out so as not to reduce the flood storage capacity of such area, and (ii) prohibits development in any other manner; (6) prohibits development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period. (7) provides for a system of permits and the manner of application therefor, including fees to be paid, as well as the conditions of their issuance, refusal or cancellation. PROHIBITIONS 4. The following are hereby prohibited: (1) development that would obstruct or interfere with the normal floodway or free flow of flood waters during a flood period. (2) development which will reduce the flood storage capacity of the flood risk area or the subject development area. (3) development not in accordance with the prescribed engineering techniques herein. 5. (1) No building or structure shall be erected, placed, relocated, structurally altered or replaced and no landfill shall take place in the normal floodway within the flood risk area. The normal 4 floodway is defined to -be within the following distances of the following watcrcourses, Marsh Creek Forebay to One Mile House 26 metres (85 fl.) One Mile House to Ashburn Road 23 metres (75 fl.) Ashburn Road to Junction of East and West Branches of 18 metres (59 ft.) Marsh Creek West Branch Marsh Creek Marsh Creek to Ashburn Creek Ashburn Creek to the inter- section of the West Branch of Marsh Creek with the line delineating the flood risk area (approximately at Rothesay Road) as shown on plan of the Glen Falls Flood Risk Area 12 metres (39 ft.) Ashburn West Branch of Marsh Creek Creek to intersection of Ashburn Creek with the line delineating the flood risk area (approximately at Foster Thurston Drive) as shown on the plan of the Glen Falls Flood Risk Area East Branch Marsh Creek Marsh-Creek to Cold Brook Cold Brook to the inter- section of the East Branch Marsh Creek with the line delineating the flood risk 12 metres (39 ft.) 10 metres (33 ft.) 13 metres (43 ft.) 5 area (approximately at - Glen Road) as shown on the plan of the Glen Falls - Flood Risk Area 9 metres (30 fl.) Cold Brook East Branch to Golden Grove Road 13 metres (43 fl.) Majors Brook Marsh Creek to Westmorland Road 1 I metres (36 fl.) (2) Notwithstanding subsection (1), a development may be permitted where (a) such development will not obstruct or interfere with the normal floodway or free flow of flood waters during a flood period; and (b) it is to be carried out so as not to reduce the flood water capacity of the affected area MAINTENANCE OF THE FLOODWAY 5.1 (1) The owner of a property containing a portion of the normal floodway described in Section 5 hereof shall maintain therein adequate capacity for the conveyance of flood waters. (2) It shall be the owner's responsibility within the portion of the normal floodway on his property to; (a) maintain at his own expense any retaining wall or other structure, in such a condition that it neither reduces the capacity of the normal floodway nor obstructs, in whole or in part, the flow of water within the said floodway. (b) immediately remove, subject to subsection (3) hereof, at his own expense any retaining wall, other structure, or part thereof which either reduces the capacity of the normal floodway or obstructs, in whole or in part, the flow of water within the said floodway. (c) immediately remove at his own expense land or other material which collapses within the normal floodway as the result of the removal or failure of a retaining wall, other structure or part thereof. (3) The provisions of paragraph 2 (b) hereof shall apply only when a reduction ri or obstruction mentioned therein first occurs subsequent to the enactment of this Section. (4) For the purpose of this Section a retaining wall or other structure may be repaired and a permit obtained therefor, notwithstanding the restrictions established by Section 5. APPLICATIONS, PERMITS, RENOVATIONS, ETC. 6. (1} No person shall commence or continue any development, or any part thereof, unless a flood risk area development permit therefor has been issued pursuant to this Section. (2) A person seeking to obtain a flood risk area development permit shall make application in writing to the Building Inspector, and such application shall, (a) be in a form prescribed by the Building Inspector or acceptable to him/her; (b) be signed by the applicant; (c) state the extent and purpose of the proposed development (d) contain in addition to the plans, specifications and other details required under the Building Bylaw and Zoning Bylaw, information relevant to the following, (i) the nature, location, dimensions, and the elevations based on Geodetic Survey of Canada datum of the area in question; (ii) the existing and proposed buildings and structure; (iii) the area and the existing elevations and the proposed elevations (of the alteration of land levels on the topography of any area) including excavation; (iv) the existing and proposed elevations of the area to be used for the placing or dumping of landfill in any manner (v) the extent, location and dimensions together with 7 existing_and proposed elevations of any area proposed to be resurfaced; (vi) the location of the storage of materials; (vii) the location and direction of existing drainage facilities; (viii) the information required by Section 9 of this Bylaw in respect of drainage patterns; (ix) the elevation of the lowest floor (including a basement) of all buildings; (x) the elevation to which any existing and proposed buildings are or are to be water proofed; (xi) the location, dimensions, enclosing materials and floor or ground elevations of any proposed on -site water retention area; (xii) the proposed location of any material excavated from the site of the proposed development; 6.(2) (e) When applicable, a copy of the stream alteration permit from the Department of Environment of the Province of New Brunswick. 6.(3) The information required under subsection (2) shall be certified by, (a) A New Brunswick land surveyor in respect of existing and proposed elevations of buildings, structures, land and compensating flood storage facilities and of the precise location of any of all of these and of property lines in relation to the line delineating the flood risk area, (b) a professional civil engineer registered in New Brunswick in respect of any of the foregoing elevations, the conservation of the flood storage capacity of any area and maintenance of an adequate floodway for the conveyance of flood waters and (c) such a professional engineer or an architect licensed to practice in this Province in respect of the flood - proofing and any other protection of new development from the risk of flood damage; W (4) The Building Inspector may, after consultation with the City's Director of Engineering and the City's Director of Planning and Development, recommend that Council impose such terms and conditions as will reasonably ensure that the development will be carried out in accordance with the engineering standards, designs and techniques prescribed by this Bylaw and require the developer to enter into an agreement with the City under Section 101 of the Act to assure the performance of the said conditions. (5) Subject to the Zoning Bylaw, the Subdivision Bylaw and to Sections 4 and 5, where (a) an application under subsection (2) or an application that is acceptable to the Building Inspector has been received. (b) the fee required under section 7 has been paid; (c) the proposed work conforms with this Bylaw and any other applicable Bylaw; and (d) when required the developer and the City have entered into an agreement in respect of terms and conditions imposed under subsection (3) hereof (pursuant to Section 41.3(2) of the Act) 9 (e) provided a deposit pursuant to section 7(3) of this bylaw (f) the Director of Engineering has approved the development as conforming to the bylaws. The Building Inspector shall issue the development permit requested. (6) Where any person violates any provision of this Bylaw or the terms and conditions of the permit the Building Inspector shall by written notice served personally on, or sent by registered mail to, the person named in the permit, state the nature of the violation and order the cessation thereof within a reasonable time as provided for in Section 93 of the Act. (7) Where any person fails to comply with an order under subsection (6) the Building Inspector may suspend or cancel the development permit, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended permit. (8) Where the work for which a permit has been issued has not commenced within six months of the date of issuance, the Building Inspector may 10 revoke the permit. (9) No person shall, by the issuing of a permit, the approval of plans or specifications or inspections made hereunder, be relieved of any duty or responsibility for carrying out works in accordance with this Bylaw. (10) The Building Inspector may issue the permit with such terms and conditions as are appropriate to ensure that the work is carried out in accordance with this bylaw. FEES 7. (1) There shall be no additional fees for a development for which a fee is required under another applicable Bylaw of the City. (2) The schedule of fees set out in the Building Bylaw shall apply to all other developments. (3) A deposit is required for all developments pursuant to this bylaw to ensure that the development is constructed in accordance with this bylaw. The minimum deposit shall be in accordance with this bylaw. The minimum deposit shall be $500. The amount of deposit shall be set by the Director of Engineering and whenever the deposit exceeds $10,000, Common Council must approve the amount. Furthermore, all developments within the normal floodway shall be subject to the rcvie%ti• of Common Council with respect to the amount of the deposit. A deposit for a permit under this bylaw may be made by means of cash, certified cheque, performance bond, or letter of credit. The Building Inspector may only refund the deposit after the Director of Engineering verifies that the work has been completed in accordance with the permit and this bylaw. APPLICATION OF FLOOD PROTECTION ELEVATIONS 8. Where a proposed development site lies between two elevations shown on Schedule "A ", the elevation which is to apply to the development shall be computed by interpolation. DRAINAGE PATTERNS 9. (1) Plans submitted for developments within the flood risk area shall provide the following information in addition to the requirement of 11 other bylaws and regulations to show the grading or alteration in elevation or contour of the land and provision for the disposal of storm, surface and waste water from the land and from any building or structure thereon: (a) Existing and proposed surface elevations to geodetic datum on a 50 foot grid for the site and all adjacent properties and roadways for a distance of 100 feet from the site. (b) Existing and proposed drainage patterns for the site, and for adjacent properties if the drainage pattern on adjacent properties is affected by the development. (2) Development shall not alter the natural direction of runoff or flow in drainage swales or ditches unless provisions acceptable to the Building Inspector are made to accommodate these changes. COMPENSATING FLOOD STORAGE CAPACITY 10. (1) Subject to subsection (4), where development within the flood risk area reduces the flood storage capacity in that area, the developer shall provide compensating flood storage capacity on site or in the immediate vicinity equivalent in volume to that displayed by the development. (2) Storage maintenance measures which may be applied include but are not limited to the following: (i) On -site storage on roof and parking lots, (ii) Temporary detention ponds (dry ponds), (iii) Retention ponds (wet ponds). (3) The compensating capacity shall be provided at an elevation equal to or lower than the elevation of the storage displaced, but shall not be at an elevation lower than the natural ground water table in the area at the time of application for the flood risk area development permit. (4) Roof storage to a maximum depth of 10 centimetres (4 inches) maybe considered as part of the compensating capacity. (5) The storage area so provided shall be connected to the existing storm sewer system or the surface drainage network so as to permit effective use 12 of the area for the storage of flood waters. 13 FLOOD - PROOFING 11. Subject to Section 6, the developer shall submit in duplicate plans and specifications for flood - proofing a proposed building or structure consistent with the regulatory flood protection elevations shown on Schedule "A" as applying to the site of the proposed building or structure. 12. Buildings and structures shall have the lowest floor, including basement or crawl space elevated to or above the flood protection elevation or be flood proofed to or above that elevation. 13. The following flood protection measures may be used, without limitation because of specific enumeration for buildings and structures or parts thereof below the flood protection elevation. (I) Buildings and structures shall be constricted or placed with the longitudinal axis parallel to the direction of flood flow where feasible. (2) Break -away walls or doors to permit through flow during flooding. (3) Anchorage to resist floatation and lateral movement. (4) Installation of watertight doors, bulkheads, and shutters or similar method of construction. (5) Construction to resist rupture or collapse caused by water pressure or floating debris. (6) Reinforcement of walls and floors to resist water pressure. (7) Use of paints, membranes, or mortars to reduce see page of water through walls and floors. (S) Addition of mass or weight to structures to resist floatation. (9) Installation of pumps to lower water levels in buildings and structures. (10) Construction of water supply and waste - treatment systems so as to prevent the entrance of flood waters and to prevent uncontrolled discharge of sewage. 14 (11) Installation of pumping facilities or comparable practices for subsurface drainage systems for buildings to relieve external foundation wall and basement flood pressures. (12) Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent back -up of sewage and storm waters into the buildings or structures. Gravity draining of basements may be eliminated by mechanical devices. (13) Location of all electrical equipment, circuits, and installed electrical appliances in a manner which will assure they are not subject to flooding and to provide protection from inundation below the flood protection elevation. (14) Location of any structural storage facilities for chemicals, explosives, buoyant materials, flammable liquids, or other toxic materials which could be hazardous to public health, safety and welfare in a manner which will assure that the facilities are situated at elevations above the flood protection elevation or are adequately flood - proofed to prevent floatation of storage containers, or damage to storage containers which could result in the escape of toxic materials into flood waters. (15) Protection against erosion by rip -rap, vegetation cover or bulkheading. AUTHORIZATION 14. The City is hereby authorized to expend public monies for the acquiring of land within the area(s) by purchase or expropriation and for the expenditure of such public funds for construction of dams, holding ponds or any other works or for widening, straightening, deepening or otherwise improving any of the water courses within the area(s) as may be considered necessary within the area(s) for the maintenance of adequate floodways, for conveyance of flood water and for the conservation and improvement of flood water storage capacity, with the area(s). ADMINISTRATION 15. (1) The Building Inspector shall exercise such powers and perform such duties as are provided or necessary for the administration of this Bylaw. 15 (2) In the absence or disability of the Building Inspector or where there is no Building Inspector, the Deputy Building Inspector shall have all the po,%%•ers and duties of the Building Inspector. (3) In the absence of both the Building Inspector and the Deputy Building Inspector, the Commissioner of Planning and Development shall be the Acting Building Inspector and shall have all the powers and duties of the Building Inspector. (4) The Building Inspector is authorized by the Common Council to enter at any reasonable time any land or building within the City of Saint John for the purpose of making an inspection or examination relating to a dc%-clopmcnt as defined herein and of administering or enforcing this Bylaw or any provision of the Community Planning Act relating thereto. IN' WITNESS WHEREOF the City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this Bylaw the third day of March A.D. 1980, and signed by: Mayor, the member of the Common Council who presided at the meeting at which it was passed; and Common Clerk First Reading:- February 4, 1980 I Second Reading: - February 4, 1980 Third Reading:- March 3, 1980 Certified true copy the 17th day of March, A.D. the provisions of Sections 66 and 68 of the Community Planning Act having complied with. Donald H. Garey (Sgd.) 16 Donald H. Garey, Common Clerk Saint John, NB M:18YLAW5IFLOOD.BY To the COMMON COUNCIL of the City of Saint John The Committee of the Whole Reports Your Committee reports that it sat on Monday, February 15, 1999, when there were present Mayor McAlary, Deputy Mayor Chase and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendation, namely: 1. That the Freedom of the City be conferred on Dr. Frederick Joseph Ross, R.C.A. in recognition of his significant contribution to the City of Saint John and the arts community. March 15, 1999, Saint John, N. B. 4 f Respectfully submitted, Shirley McAI , Chairman. I'% To the COMMON COUNCIL of the City of Saint John The Committee of the Whole reports Your Committee reports that it sat on when there were present Mayor McAlary and Councillors Ball, Chase, Court, Desmond, Fitzpatrick, Titus, Trites, Vincent and White, and your Committee submits the following recommendations, namely: 1. That the letter from the Saint John Board of Police Commissioners requesting that the City of Saint John provide bridge financing to the Saint John Police Force in the amount of $20,000 to cover expenses related to hosting the Year 2000 Canadian Association of Chiefs of Police Conference, such amount to be repaid from the proceeds of the convention -- be received and filed and the request be granted, such amount to be taken from the Police budget if necessary_ 2. That Council authorize the appointment of Patrick Woods, Deputy City Manager, and John McIntyre, Manager, Human Resources, to the negotiating team representing the Saint John Board of Police Commissioners and the Saint John Police Force in the negotiations with Local 61, Saint John Police Protective Association, anticipated to commence in September 1999. 3. That it is the policy of the City of Saint John that Common Council shall appoint only residents of the City to commissions, boards or other organizations. Respec Ily submitted, March 15, 1999, Shirley McAla , Saint John, N.B. C h a i r m a n. Office of the Mary L. Munford P.O. Box 1971 506 658 -2862 Common Clerk Common CIerk Saint John New Brunswick Canada E2L 4LI March 18, 1999 Mr. Edward W. Keyes Chairman Saint John Board of Police Commissioners 14th Floor, City Hall P.O. Box 1971 Saint John, NB E21- 41-1 Dear Sir: At a meeting of the Common Council, held on the 15th instant, the following resolution was adopted, namely:- City of Saint John " RESOLVED that the letter from the Saint John Board of Police Commissioners requesting that the City of Saint John provide bridge financing to the Saint John Police Force in the amount of $20,000 to cover expenses related to hosting the Year 2000 Canadian Association of Chiefs of Police Conference, such amount to be repaid from the proceeds of the convention — be received and filed and the request be granted, such amount to be taken from the Police budget if necessary." Yours truly, Mar lunford Common Clerk MLM:sc Cc: Andrew Beckett Commissioner of Finance Office of the Mary L. Munford PO. Box 1971 506 658 -2862 Common Clerk Common Clerk Saint John New Brunswick Canada E2L 4L1 March 18, 1999 Mr. Edward W. Keyes Chairman Saint John Board of Police Commissioners 14th Floor, City Hall P.O. Box 1971 Saint John, NB E21- 41-1 Dear Sir: At a meeting of the Common Council, held on the 15th instant, the following resolution was adopted, namely:- " RESOLVED that Council authorize the appointment of Patrick Woods, Deputy City Manager, and John McIntyre, Manager, Human Resources, to the negotiating team representing the Saint John Board of Police Commissioners and the Saint John Police Force in the negotiations with Local 61, Saint John Police Protective Association, anticipated to commence in September 1999." Yours truly, Mary lunford Common Clerk MLM:sc City of Saint John "Sor -: Lei i.51 tl +�..+$k tai± ��•Jl..��i��Y�� -�r'i ���..Jn•114 =d �, Edward W. Keyes - Chairman Gerry A- Puczko - Vice -Chair Lloyd M. Betts Ivan Court William D. Farren Mayor Shirley A. McAlary Anne Marie McGrath March S, 1999 Her Worship Mayor Shirley A. McAlary and Members of Common Council Your Worship and Councillors: Re: Election of Officers The Bylaws of the Saint John Board of Police Commissioners provide that Board elect its officers annually- This is to inform Common Council that at a duly constituted meeting held on March 2, 1999, Edward W. Keyes was elected Chairman, Gerry Puczko, was elected Vice Chairman, and Lloyd Betts was elected Secretary. Uhairman R !► PO Box 1971, Saint iohn, N8 Canada @2L 4L1 Phone: 506 -6744142 Fax: 506 -632 -8809 r, ; -�i, � :5��?:T� �_�,#v . +_� .r ,r- �3 �Y ?:;a �rk4�,�o-�"�tiif���;i+✓? Edward W_ Keyes - Chairman Gerry A. Puczko - Vice -Chair Lloyd M. Betts Ivan Court William D. Farren Mayor Shirley A. McAlary Anne Marie McGrath March 8, 1999 Her Worship Shirley A. McAlary and Members of Common Council Your Worship and Councillors-- Re: The Saint John Board of Police Commissioners 1998 Annual Report This is to advise that the financial report of the Saint John Board of Police Commissioners which Common Council has requested to receive by February 28 of each year has been delayed due to the implementation of a new Financial Management System by the City of Saint John. This report will be forwarded to Common Council as soon as it becomes available. Chairman n � PO Box 1971, Saint John, NB Canada E21- 41-1 Phone- 506-474 -4142 Pax: 506 -632 -8809