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2013-07-02_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, July 2, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plait utiliser 1'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 - Prayer 2. Approval of Minutes 2.1 Minutes of June 10, 2013 1 -12 2.2 Minutes of June 17, 2013 13-18 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Municipal Services Agreement 835 Loch Lomond Road 19-22 (Recommendation in Report) 5.2 Mosaic Heights Subdivision - Municipal Drainage Easements and Detention 23-25 Pond (Recommendation in Report) 5.3 Transportation and Environment Services - Tenders for Rental Loaders 26-27 (Recommendation in Report) 5.4 Unidirectional Flushing (Recommendation in Report) 28-31 5.5 Environmental Trust Fund - Letter of Offer (Recommendation in Report) 32-42 Powered By: Sow- 1 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings 9.1 Proposed Municipal Plan Amendment - 220 Glen Rd 43-57 9.1.1 Planning Advisory Committee report recommending Denial of MPA 58-82 9.1.2 Letters of Opposition 83-90 9.1.3 Debly Site Plan Submission 91 -92 9.2 Proposed Zoning ByLaw Amendment - 221 Loch Lomond Rd 93-98 9.2.1 Planning Advisory Committee report recommending Denial of ZBA 99-109 9.2.2 221 Loch Lomond Road Rezoning Application - Presentation by Jeff 110-120 Cyr, Planning Dept. 9.2.3 Padgett Business Services Application to Rezone - Presentation by 121 -155 Robert Cole (applicant) 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Setting Goals for Agencies, Boards and Commissions (Mayor Norton) 156-156 12. Business Matters - Municipal Officers 12.1 Provision of Compensatory Storage - Defazio Autobody Repair, 4 Broadway 157-163 Avenue 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 UNBSJ - Department of Athletics Recreation and Wellness - Sponsorship of 164-167 CCAA Men's Soccer National's Event 15.2 YMCA -YWCA of Greater Saint John: Request to Present 168-168 2 16. Supplemental Agenda 16.1 Contract No. 2013 -15: Duke Street West (Watson to Ludlow) - Watermain, 169-170 Sanitary, Storm and Street Reconstruction 16.2 Contract No. 2013 -17: Crack Sealing - 2013 171 -172 16.3 Contract No. 2013 -1: Milford Sewer Separation Phase II 173-174 16.4 Loch Lomond Road (Russell St. to Westmorland Rd) - Water, Sanitary and 175-178 Storm Sewer Renewal and Road Reconstruction 16.5 Letter from J. Campbell regarding Fundraiser for Mispec Beach 179-179 16.6 Fundy Region Services Commission (Mayor Norton) 180-180 17. Committee of the Whole 17.1 Committee of the Whole: Department of Fisheries and Oceans ( "DFO ") Lease 181 -181 18. Adjournment 3 City of Saint John Common Council Meeting Tuesday, July 2, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion 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: 4:00 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Land Matter 10.2(4)(d) 1.3 Legal Matter 10.2(4)(f) 1.4 Financial Matter 10.2(4)(f) 1.5 Personal Matter 10.2(4)(b) 1.6 Financial Matter 10.2(4)(f) 4 The City of Saint John Seance du conseil communal Le mardi 2 juillet 2013 Salle du conseil, 18 h Comit6 pl6nier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une r6union de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire l'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 d6cisions a cet egard au cours de la seance publique 16 h — Salle de conf6rence, 8e 6tage, h6tel de ville 1.1 Approbation du proces- verbal — paragraphe 10.2(4) 1.2 Question relative aux biens -fonds — alinea 10.2(4)d) 1.3 Question juridique — alinea 10.2(4)/) 1.4 Question financiere — alinea 10.2(4)c) 1.5 Question relative au personnel — alinea 10.2(4)b) 1.6 Question financiere — alinea 10.2(4)c) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 10 juin 2013 2.2 Proces- verbal du 17 juin 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Projet d'entente sur les services municipaux visant le 835, chemin Loch Lomond (recommandation figurant au rapport) 5.2 Lotissement Mosaic Heights — Servitudes de drainage municipales et bassin de retenue (recommandation figurant au rapport) 5.3 Services de transport et d'environnement — Soumissions relatives a des chargeurs loues (recommandation figurant au rapport) 5.4 Ringage unidirectionnel (recommandation figurant au rapport) 5.5 Fonds en fiducie pour 1'environnement — Lettre d'offre (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 9.1 Projet de modification du plan municipal visant le 220, chemin Glen 9.1.1 Rapport du Comite consultatif d'urbanisme recommandant le rejet de la modification du plan municipal 9.1.2 Lettres d'opposition 9.1.3 Debly soumission du plan d'implantation 9.2 Projet de modification de 1'Arrete de zonage visant le 221, chemin Loch Lomond 9.2.1 Rapport du Comite consultatif d'urbanisme recommandant le rejet de la modification de 1'Arrete de zonage 9.2.2 221, chemin Loch Lomond demande de rezonage — presentation par Jeff Cyr, Departement de la planification 9.2.3 Padgett Busines Services — demande de modifier le zonage — presentation par Robert Cole (demandeur) 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Etablissement des objectifs pour les organismes, les conseils d'administration et les commissions (maire Norton) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Offre d'entreposage compensatoire — Atelier de reparation de carrosseries Defazio Auto Body Ltd, 4 avenue Broadway 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 UNBSJ — Service des sports, des loisirs et de bien -&e — Parrainage du championnat canadien de soccer masculin de 1'ACSC 15.2 Demande presentee par le YMCA -YWCA de la region du Grand Saint John en vue de se presenter devant le conseil 16. Ordre du jour supplementaire 16.1 Contrat no 2013 -15 : Rue Duke Ouest (de la rue Watson a la rue Ludlow) — Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et travaux de refection de la rue 16.2 Contrat no 2013 -17 : Calfeutrage des fissures en 2013 16.3 Contrat no 2013 -1 : Separation des egouts pluviaux de Milford — Phase II 16.4 Renouvellement de la conduite d'eau et refection du chemin Loch Lomond (de la rue Russell au chemin Westmorland) 16.5 Lettre de J. Campbell au sujet de la campagne de fnancement pour la plage Mispec 16.6 Commission des services regionaux de Fundy (maire Norton) 17. Comite plenier 17.1 Comite plenier : Bail avec Peches et Oceans Canada (MPO) 18. C16ture de la seance 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 10, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; F. Beaulieu, City Solicitor; C. Graham, Comptroller; W. Edwards, Commissioner of Transportation and Environment Services; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner Building and Inspection Services; M. King, Police Staff Sergeant; K. Clifford, Fire Chief; J. Taylor, Common Clerk; and J. Beltrandi Chown, Administrative Assistant. Call To Order — Prayer Mayor Norton called the meeting to order and Rev. Harold Braun from the Cornerstone Baptist Church offered the opening prayer. 1.1 Simonds High School - Bronze Duke of Edinburgh Certificates Bronze Duke of Edinburgh certificates were presented by Mayor Norton to Simonds High School students Alicia Brewer, Jordan Demers, Matthew Olsen, Kiera Peacock and Catherine Titus. 2. Approval of Minutes 2.1 Minutes of May 21, 2013 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the minutes of the meeting of Common Council, held on May 21, 2013, be approved. Question being taken, the motion was carried. 2.2 Minutes of May 27, 2013 On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on May 27, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Safe, Clean Drinking Water Program — PPP Canada Application, Round 5; 16.2 Partial Surrender of 1958 Lease Between The City of Saint John and Irving Oil Limited Little River Reservoir — PID 331330; 16.3 entitled Discussion on Alternative Method of Voting; 17.1 Committee of the Whole: Potential Sale City Owned Property Mark and Commerce Drive Area; and 12.2.1 Core Service Review Report Performance Concepts. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 5.1 That the Saint John Police Force - April 2013 Financial Results be received for information. 5.2 That as recommended by the City Manager in the submitted report Staffing - Saint John Water Common Council adopt the following recommendations in order to make appointments for senior vacancies in Saint John Water: Effective June 10th 2013, Mr. William Edwards is hereby appointed to the position of Commissioner of Saint John Water upon his same compensation and terms and conditions of employment; and that The Deputy Commissioner, Utility Business Management, Saint John Water be added to the establishment. 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 109: Water Treatment Research Project Update and Agreement with Orica Watercare Inc. Council adopt the following resolution: RESOLVED that the City enter into an agreement with Orica Watercare Inc., the text of which agreement was attached to M &C 2013 -109 dated May 28, 2013, and further that the Mayor and Common Clerk be authorized to execute the said agreement. 5.4 That the proposal from Crandall Engineering Ltd. for engineering services for Hillcrest Drive (Manawagonish Road to Fenton Drive) street construction, Project number 2013- 091506P (the "Project "), be accepted as follows: a) Detailed design and construction cost estimates are to be completed by Crandall Engineering Ltd. under the 2013 Capital Program, at a cost of $86,300.36, all applicable taxes included; and b) Subject to Common Council's approval that the funding for the construction component of the Project will be included in the 2014 General Fund and Water & Sewerages Utility Capital Programs, the remainder of the engineering services work for the Project is to be carried out after Common Council approval of the 2014 Capital Programs by Crandall Engineering Ltd., at a cost of $155,454.10, all applicable taxes included. 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 118: Agreement for Traffic Signals at Irving Oil Refinery the City enter into an Agreement with Irving Oil Refining G.P. and Atlantic Land Dealers Limited for the design, construction and maintenance of Traffic Signals at the entrance to the Irving Oil Refinery on the Loch Lomond Road upon the terms and conditions stipulated in the Agreement attached to this M &C # 2013 -118, and that the Mayor and Common Clerk be authorized to execute the said agreement on the City's behalf. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 8.1 HotSpot Parking Presentation Phillip Curly from HotSpot Parking gave a presentation on what he called a "mobile parking solution" and responded to questions from Council. On motion of Councillor Norton 2 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 Seconded by Councillor McAlary RESOLVED that the presentation from HotSpot Parking be referred to the Parking Commission for a report and recommendation. Question being taken, the motion was carried. 9. Public Hearings 10. Consideration of By -laws (Deputy Mayor Rinehart and Councillor MacKenzie withdrew from the meeting) 10.1 Third Reading - Proposed Stop Up and Close Portion of Depot Court On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the By -law entitled, "By -law Number M- 23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to a portion of Depot Court, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" was read in its entirety. On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that the By -law entitled, "By -law Number M- 23, A By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John" with regard to a portion of Depot Court, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title the by -law entitled, "By -law Number M -23, a By -law To Amend a By -law Respecting the Stopping Up and Closing of Highways in The City of Saint John ". 10.2 Third Reading Municipal Plan and Zoning By -Law Amendments 700 Millidge Ave 10.2.1 Proposed Municipal Plan Amendment 700 Millidge Ave 10.2.2 Proposed Zoning By -Law Amendment 700 Millidge Ave 10.2.3 Section 39 Conditions - 700 Millidge Ave On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "By -law Number C.P. 106 -2 A Law to Amend the Municipal Plan By -law amending Schedule A — City Structure, by re- designating a parcel of land with an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID number 55062269 and a portion of PID number 00042036 from Suburban Neighbourhood Intensification Area and Park and Natural Area to Suburban Neighbourhood Intensification Area classification; and amending Schedule B — Future Land Use, be re- designating the same parcel of land from Urban Reserve and Park and Natural Areas to Major Community Facility classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 106 -2 A Law to Amend the Municipal Plan By- law", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -law Number C.P. 106 -2 A Law to Amend the Municipal Plan By -law amending Schedule A — City Structure, by re- designating a parcel of land with an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID number 55062269 3 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 and a portion of PID number 00042036 from Suburban Neighbourhood Intensification Area and Park and Natural Area to Suburban Neighbourhood Intensification Area classification; and amending Schedule B — Future Land Use, be re- designating the same parcel of land from Urban Reserve and Park and Natural Areas to Major Community Facility classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, "By -law Number C.P. 106 -2 A Law to Amend the Municipal Plan By -law ". On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -213, A Law to Amend the Zoning By -Law of The City of Saint John" by amending Schedule "A:, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID number 55062269 and a portion of PID number 00042036, from "R -IIX One Family Residential to "IL -2" Major Institutional classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -213, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as PID number 55062269 and a portion of PID number 00042036 shall be subject to the following conditions: a. The use of the property is restricted to the applicant's proposal to develop one or more buildings, in one or more phases, consisting of group care facilities and associated senior citizens housing, including incidental services such as convenience retail, medical / dental and personal service uses, generally in accordance with the submitted site and building plans. b. The developer must pave all parking areas, loading areas, vehicle manoeuvring areas and driveways with asphalt. C. The following paved areas as shown on the submitted site plan must be enclosed with continuous cast -in -place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage: - From the property line at the entrance off University Avenue extending approximately to the edge of the proposed fence as shown on the submitted site plan, and along any side of the driveway not containing a paved walking path leading into the site; - From the property line at the entrance off Millidge Avenue nearest the intersection with University Avenue extending approximately nine metres along any side of the driveway not containing a paved walking path leading into the site; - From the property line at the entrance off Millidge Avenue furthest from the intersection with University Avenue approximately to the edge of the proposed fence as shown on the submitted site plan, and along any side of the driveway not containing a paved walking path leading into the site; - The drop -off driveway entrance at the front of the proposed Lifestyle Living Building on Millidge Avenue. 4 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 d. Adequate on -site and off -site drainage facilities, including the required drainage swale, wetland and storm water management pond, must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate. e. The developer must design and install piped storm sewer and continuous cast -in- place concrete street curb and sidewalk along the Millidge Avenue frontage of the subject site (dropped at driveway entrances), together with any necessary asphalt pavement between the edge of the curb and the existing paved surface on Millidge Avenue, all in accordance with current city specifications. This work must be completed within seven years of the closing date of the purchase and sale agreement. f. The developer must landscape all disturbed areas of the site not occupied not occupied by buildings, driveways, walkways, parking or loading areas, and such landscaping must extend onto the Millidge Avenue and University Avenue rights - of -way to the edge of the street curb /sidewalk. g. The developer must provide a Traffic Impact Statement to the satisfaction of the Chief City Engineer prior to the approval of any development of the subject site, and the cost of implementation of all approved recommendations in the report shall be the responsibility of the developer. h. The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating all buildings, parking areas, driveways, loading areas, freestanding signs, exterior lighting, mainline power poles, concrete curbing, landscaped areas, exterior building finishes and other site features. The approved site plan and building elevation plans must be attached to the application for building permit for any part of the development. Mainline power into the site, where appropriate and subject to Development Officer approval, will be by pole extensions and in a manner to minimize the total number of poles on site. i. The developer must complete all site improvements, drainage work and street work shown on the approved site, drainage and elevation plans for any phase of the development within one year of building permit approval for that phase. j. The height of the proposed building abutting Millidge Avenue ( "Lifestyle Living ") be limited to five storeys. On motion of Councillor Seconded by Councillor RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -213, A Law to Amend the Zoning By -Law of The City of Saint John" by amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 7 hectares, located at 700 Millidge Avenue, also identified as being PID number 55062269 and a portion of PID number 00042036, from "R -1A" One Family Residential to "IL -2" Major Institutional classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C. P. 110 -213, A Law to Amend the Zoning By -Law of The City of Saint John ". (Deputy Mayor Rinehart and Councillor MacKenzie re- entered the meeting) (Mayor Norton and Councillor Lowe withdrew from the meeting and the Deputy Mayor assumed the Chair) 5 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 10.3 Report from Growth and Development Services Re: Proposed Rezoning 1875 and 1925 Bayside Drive 10.3.1 Third Reading - Zoning ByLaw Amendment 1875 and 1925 Bayside Drive 10.3.2 Section 39 Conditions - 1875 Bayside Dr 10.3.3 Section 39 Conditions - 1925 Bayside Dr Responding to a question regarding air quality testing to obtain base -line readings Ms. Poffenroth advised that air quality is within the jurisdiction of the Provincial Department of the Environment. She noted that complaints would need to be directed to the Province at which time the Province might dispatch the mobile air quality testing unit. She added that if there were a problem with air quality detected that enforcement would not be within the purview of the City. Responding to a question Mr. Kliffer advised that remediation of a pit or quarry means that it has to be re- vegetated to a certain level as determined by staff. Responding to a question regarding hours of operation Ms. Poffenroth said that the Pits and Quarries by -law stipulates that hours of operation are from between 7:00 a.m. to 8:00 p.m. every day except holidays. She indicated that Section 39 conditions have been imposed on the application in question which limits the hours to 7:30 a.m. to 6:00 p.m. Monday to Saturday. She added that if any neighbors had concerns about the pit operating outside of those hours they should call the By -Law Enforcement Office during office hours and it would be investigated. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M & C 2013 -110 Proposed Rezoning 1875 and 1925 Bayside Drive Common Council proceed to consider giving third reading to the proposed rezoning for 1875 and 1925 Bayside Drive; impose the proposed Section 39 conditions; and rescind its resolution of August 13, 2007 concerning the execution of a Section 101 Agreement that would require a buffer of evergreen trees to be established on the property at 1875 Bayside Drive. Question being taken, the motion was carried with Councillor Strowbridge voting nay. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -208, A Law to Amend the Zoning By -Law of The City of Saint John" by amending Schedule "A ":, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 34 hectares, located at 1875 and 1925 Bayside Drive, also identified as being portions of PID numbers 00416644 and 55188353, from "RF" rural to "PQ" Pits and Quarries, be read. Question being taken, the motion was carried with Councillor Strowbridge voting nay. The by -law entitled, "By -Law Number C.P. 110 -208, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 23.2 hectares, located at 1875 Bayside Drive, also identified as a portion of PID number 00416644 be subject to the following conditions: a. The use of the site shall be limited to a pit or quarry, operated in conjunction with the existing operation at 1781 Bayside Drive (PID 00339960). b. The disturbed area of the site (including PID 00339960) is restricted to a maximum of 4 hectares at all times and all other areas of the site, except for the access driveway, shall remain undisturbed (including retention of existing tree A 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 cover) or shall be fully rehabilitated (including re- vegetation of the excavated area). c. All access to the site shall be via the existing driveway at 1781 Bayside Drive. d. In addition to the requirements contained in Section 680(10)(d) of the Zoning By- Law, the elevation of the excavation shall be no greater than 10m below the existing elevation of the site and at no point should the excavation be deeper than 53m above sea level. e. The applicant shall provide existing topographical data to the satisfaction of the Development Officer prior to undertaking the development. f. Trucks and equipment, not being utilised as part of the active excavation of the site, shall not be stored on the site. g. Any blasting occurring along a property line abutting a zone other than the "PQ" Pits and Quarries zone shall follow the side yard setback requirements for a quarry as established in the City's Zoning By -Law. h. The hours of operation for the said pit and quarry be limited to 7:30 am to 6:30 pm, Monday to Saturday. i. In addition to the requirements contained in Section 680(4)(j) of the Zoning By- Law, a storm water study and hydrology plan be prepared by the applicant and subject to the approval of the City's Chief Engineer or his designate. Question being taken, the motion was carried with Councillor Strowbridge voting nay. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 10.7 hectares, located at 1925 Bayside Drive, also identified as a portion of PID number 55188353 be subject to the following conditions: a. The disturbed area of the site is restricted to a maximum of 4 hectares at all times and all other areas of the site, except for the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including re- vegetation of the excavated area). b. In addition to the requirements contained in Section 680(10)(d) of the Zoning By- Law, the elevation of the excavation shall be no greater than 10m below the existing elevation of the site and at no point should the excavation be deeper than 53m above sea level. c. The applicant shall provide existing topographical data to the satisfaction of the Development Officer prior to undertaking the development. d. Trucks and equipment, not being utilised as part of the active excavation of the site, shall not be stored on the site. e. Any blasting occurring along a property line abutting a zone other than the "PQ" Pits and Quarries zone shall follow the side yard setback requirements for a quarry as established in the City's Zoning By -Law. f. The hours of operation for the said pit and quarry be limited to 7:30 am to 6:30 pm, Monday to Saturday. 7 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 g. In addition to the requirements contained in Section 680(4)(j) of the Zoning By- Law, a storm water study and hydrology plan be prepared by the applicant and subject to the approval of the City's Chief Engineer or his designate. Question being taken, the motion was carried with Councillor Strowbridge voting nay. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -208, A Law to Amend the Zoning By -Law of The City of Saint John" by amending Schedule "A:, the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 34 hectares, located at 1875 and 1925 Bayside Drive, also identified as being portions of PID numbers 00416644 and 55188353, from "RF" Rural to "PQ" Pits and Quarries, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried with Councillor Strowbridge voting nay Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -208, A Law to Amend the Zoning By -Law of The City of Saint John ". (Deputy Mayor Rinehart and Councillor MacKenzie withdrew from the meeting) (Mayor Norton and Councillor Lowe re- entered the meeting and the Mayor resumed as Chair). 10.4 Third Reading Municipal Plan and Zoning By -Law Amendment Lorneville Harbour 10.4.1 Proposed Municipal Plan Amendment Lorneville Harbour 10.4.2 Proposed Zoning By -Law Amendment Lorneville Harbour 10.4.3 Section 39 Conditions - Lorneville Harbour On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "By -law Number C.P. 106 -3 A Law to Amend the Municipal Plan By -law" amending Schedule "A" — City Structure, by re- designating a parcel of land with an area of approximately 1.6 hectares, located at Lorneville Harbour, also identified as being a portion of PID number 55161541, from Park and Natural Area to Employment Area classification; and amending Schedule B — Future Land Use, by re- designating the same parcel of land from Park and Natural Area to Employment Area classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 106 -3 A Law to Amend the Municipal Plan By- law", was read in its entirety. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -law Number C.P. 106 -3 A Law to Amend the Municipal Plan By -law" amending Schedule "A" — City Structure, by re- designating a parcel of land with an area of approximately 1.6 hectares, located at Lorneville Harbour, also identified as being a portion of PID number 55161541, from Park and Natural Area to Employment Area classification; and amending Schedule B — Future Land Use, by re- designating the same parcel of land from Park and Natural Area to Employment Area classification, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, "By -law Number C.P. 106 -3 A Law to Amend the Municipal Plan By -law ". On motion of Councillor McAlary Seconded by Councillor Norton N 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -214, A Law to Amend the Zoning By -Law of The City of Saint John" by amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2.8 hectares, located at Lorneville Harbour, also identified as being a portion of PID number 55161541, from "RF" Rural to 1 -2" Heavy Industrial, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -214, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2.8 hectares, located at Lorneville Harbour, also identified as being a portion of PID number 55161541, shall be subject to the following conditions: a. That the developer to provide a detailed Stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled. The Stormwater analysis must include a review of the impacts on the existing ditch and culvert on Stinson Drive (in front of PID numbers 55092571 and 55092563) and the proposed ditches along the access road for the 1:100 year post development flow. This study must be completed prior to commencement of construction of the facility and any remedial work required by the study, should it be required, must be completed in conjunction with construction of the facility. b. That the developer provides confirmation that the existing culvert that crosses Stinson Drive (in front of PID numbers 55092571 and 55092563) can accommodate the wheel loads of the multi - wheeled transporters / heavy load road tractors. This review must be completed prior to commencement of construction of the facility and any remedial work outlined in the study, should it be required, must be completed in conjunction with construction of the facility. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -214, A Law to Amend the Zoning By -Law of The City of Saint John" by amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 2.8 hectares, located at Lorneville Harbour, also identified as being a portion of PID number 55161541, from "RF" rural to 1 -2" Heavy Industrial, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -214, A Law to Amend the Zoning By -Law of The City of Saint John ". (Deputy Mayor Rinehart and Councillor MacKenzie re- entered the meeting) 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Demolition of Dilapidated, Dangerous and Structurally Unsound Building at 67 Fallsview Avenue - PID 55054746 On motion of Councillor McAlary Seconded by Councillor MacKenzie 9 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -115: Demolition of Dilapidated, Dangerous and Structurally Unsound Building at 67 Fallsview Avenue - PID 55054746 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 building at 67 Fallsview Avenue (PID number 55054746), in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 12.2 Core Service Review Summary of Results and Implementation Plan 12.2.1 Core Service Review (Year One) Final Report — Performance Concepts On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report Core Service Review Summary of Results and Implementation Plan Common Council: 1. Endorse the approach presented for implementing the recommendations resulting from year one of the Core Service Review; and, 2. Receive and file the final Core Service Review (Year One) final report prepared by Performance Concepts. Question being taken, the motion was carried. 12.3 Douglas Avenue On- Street Parking Responding to a question Tim O'Reilly, Manager of Pedestrian and Traffic Services, stated that Douglas Avenue has been a challenge as there is no available parking lot to utilize for overnight parking bans. He said that they have been trying to strike a balance between providing adequate parking to the residents without impeding snow removal. Councillor Fullerton made a motion which was not seconded to table the matter for two weeks in order to obtain feedback from residents along Douglas Avenue. On motion of Councillor Reardon Seconded by Councillor McAlary RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -116: Douglas Avenue On- Street Parking Common Council endorse Option 4 and refer the Traffic By -Law Amendments contained therein to the City Solicitor for placement in proper translated format for Council's consideration. Question being taken, the motion was carried. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from Rhoda and Joe Boyce - Request for "Special Event" Permission for Canada Day Councillors expressed concerns about consistency for special event permissions in terms of insurance, garbage removal and permit requirements. Council members commented on concerns received from Uptown Saint John and noted that changes to the Canada Day Flea Market could be considered in the future. Councillor McAlary advised that she is a member of the Canada Day Committee and that Uptown Saint John indicated it would like to see something else besides a flea market occurring uptown for Canada Day. She added that Uptown Saint John did not have anything organized for this year to replace the flea market in time for Canada Day. She said that Mr. Boyce came before the Canada Day Committee and explained that the 10 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 only direction he had received in the past from the City was to get permission from the Traffic Sergeant of the Saint John Police Force. Ms. Poffenroth responded to questions regarding applicable by -laws. She stated that the "Use of Sidewalks By -Law" is clear that an event on the street requires the applicant to obtain permission from Council and a Peddler's and Hawker's license. Responding to a question Ms. Poffenroth noted that it was Council's discretion but that in her view a single Peddler's and Hawker's license would cover the entire flea market. She added that food vendors would require proper licenses under the Department of Health. Mr. Woods clarified that permission from Council would not overrule the by -law and he explained that if the request is approved Mr. Boyce would still need to obtain a "Peddler's and Hawker's License" at a cost of $100.00 from the City. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the request from Rhoda and Joe Boyce for "Special Event" Permission for Canada Day be granted. Question being taken, the motion was carried. On motion of Councillor Strowbridge Seconded by Councillor McAlary RESOLVED that Mr. Boyce be asked to speak to Council about the flea market and answer questions. Question being taken, the motion was defeated with Councillors Fullerton, Lowe, MacKenzie, Merrithew, Norton and Reardon voting nay. 16. Supplemental Agenda 16.1 Safe, Clean Drinking Water Program — PPP Canada Application, Round 5 On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M & C 2013 -120: Safe, Clean Drinking Water Program — PPP Canada Application, Round 5 Common Council authorize the City Manager, or his designate, to send the submitted Round 5 Application to PPP Canada on behalf of the City of Saint John, requesting that PPP Canada consider The City of Saint John Safe, Clean Drinking Water Program application for Round 5 of the PPP Canada funding. Question being taken, the motion was carried. 16.2 Partial Surrender of 1958 Lease Between The City of Saint John and Irving Oil Limited Little River Reservoir — PID 331330 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report entitled Partial Surrender of 1958 Lease Between The City of Saint John and Irving Oil Limited Little River Reservoir — PID 331330, that the City accept the submitted "Partial Surrender of Lease" and that the Mayor and Common Clerk be authorized to execute the said Partial Surrender of Lease. Question being taken, the motion was carried. The Mayor expressed appreciation to Irving Oil for its cooperation in releasing their interest in a portion of the land without compensation. He added that their cooperation has facilitated securing the property that the City needs for the drinking water plant. 16.3 Verbal Discussion Surrounding Alternative Method of Voting Proposed by the Province 11 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 10, 2013/LE 10 JUIN 2013 Deputy Mayor Rinehart advised that Council has been asked by the Cities of New Brunswick Association to provide input on a change to voting procedures being proposed by the Province of New Brunswick. She said that in an effort to reduce cost Election New Brunswick is proposing a mail -in ballot as an alternative method of voting in a municipal by- election. She added that she has concerns about the secure identification of the person voting when ballots are done by mail. On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that the City Manager correspond with the Executive Director of the Cities of New Brunswick Association regarding Council's input on the proposed voting changes being proposed by the Province. 17. Committee of the Whole 17.1 Committee of the Whole: Potential Sale City Owned Property Mark and Commerce Drive Area On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that as recommended by Committee of the Whole having met on June 10, 2013, Council adopt the following resolution: 1. The property bearing SNB Parcel Identifier number 55151336 and 55151328, as illustrated on the plan attached to the submitted report dated June 4, 2013 be deemed to be surplus to the City's needs (the "Subject Lands "); 2. The City consent to the application by Harbary Holdings Ltd. for an amendment to the Municipal Plan of the Subject Lands, on the express condition that the City is not explicitly or implicitly obligated to approve any such amendment to the Municipal Plan; 3. The City grant to Harbary Holdings Ltd. and its authorized representative or agents, a right of access to the Subject Lands for the purpose of carrying out such inspections, surveys, testing and environmental audits as Harbary Holdings Ltd. shall deem necessary; and 4. The Mayor and Common Clerk be authorized to execute the submitted Early Access Agreement on the City's behalf. Question being taken, the motion was carried. 18. Adjournment On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the Common Council meeting of June 10, 2013 be adjourned. The Mayor declared the meeting adjourned at 7:15 p.m. Mayor / maire Common Clerk / greffier communal 12 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 17, 2013/LE 17 JUIN 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 17, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; W. Edwards, Commissioner of Transportation and Environment Services; A. Poffenroth, Deputy Commissioner Building and Inspection Services; J. Hamilton, Commissioner of Growth and Community Development Services; W. Reid, Chief of Police; J. Armstrong, Deputy Fire Chief; J. Taylor, Common Clerk; and K. Tibbits, Administrative Assistant. Call To Order — Prayer Mayor Norton called the meeting to order and Reverend Edward Powell offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of June 3, 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the minutes of the meeting of Common Council, held on June 3, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Engineering Services: Duke Street (Wentworth Street to Crown Street) — Street Reconstruction; 16.2 Contract No. 2013 -13: Millidge Avenue and Area — Sanitary Sewer Installations; 16.3 Contract No. 2013 -12: Fairville Boulevard Water Main Renewal; 16.4 City of Saint John Involvement in FCM Committees; 16.5 Proclamation: World Refugee Day; 16.6 Proclamation: National Aboriginal Day; 16.7 Regional Policing (Councillor Norton); and 17.1 Committee of the Whole: Real Property Acquisition — 1954 Manawagonish Road PID # 55125330. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest Mayor Norton declared a conflict of interest with item 15.1 Request to Present from J. MacQueen — Leinster Court Property. 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report M &C 2013- 122: Easement Acquisition for Municipal Storm Sewer Line Civic #147 -155 and #243 Woodward Avenue: 1. The City of Saint John enter into an Agreement of Purchase and Sale generally in the form as submitted with M & C 2013 -122 for the purchase of an Easement for Municipal Services in and through the lands at civic #147- #155 and civic #243 Woodward Avenue and as illustrated on the submitted Easement Sketch, titled "Boars Head Road - Storm Sewer Improvements Property Requirements "; and, 13 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 17, 2013/LE 17 JUIN 2013 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 121: Licence Agreement with Hargo Jet Boat Tour Inc. Little Red School House: 1. The City enter into a weekly Licence agreement with Hargo Jet Boat Tour Inc. upon the terms and conditions set forth in the document submitted with M &C 2013 -121; and, further 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 123: Tenders for Chemicals 2013- 681002T, 2013- 681003T, 2013- 681004T the tenders for the establishment of supply agreements for various chemicals used to treat the City's potable water supply be awarded to the lowest bidder in each case, as follows: Sodium Hypochlorite to Brenntag Canada Inc., Hydrofluosilicic Acid to Brenntag Canada Inc. and Chlorine Gas to Brenntag Canada Inc. On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 6. Members Comments Council members commented on various community events. 7. Proclamation 8. Delegations /Presentations 9. Public Hearings 7:00 P.M. 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Real Time Programming of Council Meetings (Deputy Mayor Rinehart) On motion of Deputy Mayor Rinehart Seconded by Councillor MacKenzie RESOLVED that Council direct the Common Clerk to work with Rogers to implement real time programming of Council meetings based on agreement by Council to adhere to the schedule parameters required to do so. Deputy Mayor Rinehart stated that Rogers Cable has indicated that in order to televise the meetings live, the meetings would have to begin promptly at 6:00 p.m., and that short breaks would have to be pre - scheduled to allow programming to be put in place. Councillor Farren expressed concern with the limited time given for breaks if required to discuss an important issue off camera. Councillor McAlary expressed concern that the meetings cannot always begin promptly at 6:00 p.m. due to the closed session meeting immediately before and suggested that although some viewers would tune in for the earlier time, other viewers would be lost. Responding to comments, Deputy Mayor Rinehart indicated that the live telecasting could revert back if Council so decided. Question being taken, the motion was carried with Councillors Farren and McAlary voting nay. 11.2 Banking Hours of Work (Councillor Reardon) 14 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 17, 2013/LE 17 JUIN 2013 On motion of Councillor Reardon Seconded by Deputy Mayor Rinehart RESOLVED that the letter from Councillor Reardon entitled Banking Hours of Work be referred to the City Manager to investigate the possibility of adjusting hours of work to accommodate banking 2.5 hours weekly as part of the collective bargaining process. Question being taken, the motion was carried with Councillors Farren and Fullerton voting nay. 12. Business Matters - Municipal Officers 12.1 Contract 2012 -11: Rothesay Ave. Sanitary Lift Station - Sluice Gate and Forcemain Upgrades On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -125: Contract 2012 -11: Rothesay Avenue Sanitary Lift Station - Sluice Gate and Forcemain Upgrades be awarded to the low tenderer, Terraex Inc., at the tendered price of $389,963.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.2 Engineering Services: Duke Street (Wentworth Street to Crown Street) — Street Reconstruction The Common Clerk advised that item 16.1 is a replacement document for this report. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -124: Engineering Services: Duke Street (Wentworth Street to Crown Street) — Street Reconstruction the proposal from Genivar Inc. for engineering services for the Duke Street (Wentworth Street to Crown Street) — Street Reconstruction, Project Number 2013- 091507P (the "Project "), be accepted as follows: a) Detailed design and construction cost estimates are to be completed by Genivar Inc. under the 2013 Capital Program, at a cost of $52,721.28, all applicable taxes included; b) Subject to Common Council's approval that the funding for the construction component of the Project will be included in the 2014 General Fund and Water & Sewerage Utility Fund Capital Programs, the remainder of the engineering services work for the Project is to be carried out by Genivar Inc. after Common Council approval of the 2014 Capital Programs at a cost of $85,315.00, all applicable taxes included; and c) That the Mayor and Common Clerk be authorized to execute the Consulting Engineering Agreement. Responding to a question, Mr. Edwards explained that there are a number of factors taken into consideration when a request for proposals is issued, adding that six categories are considered prior to a decision being made. Question being taken, the motion was carried with Councillor Farren voting nay. 12.3 Commissioner of Finance: Terms of the June 2013 Debenture Issue On motion of Councillor McAlary Seconded by Councillor Reardon 15 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 17, 2013/LE 17 JUIN 2013 RESOLVED that the submitted report Terms of the June 2013 Debenture Issue be received for information. Question being taken, the motion was carried. 12.4 Mobile Vendor Sites available for 2013 On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the submitted report M &C 2013- 126: Mobile Vendor Sites available for 2013 be received for information. Responding to a question, Ms. Poffenroth stated that most of the areas uptown are metered spaces or pay and display spaces, adding that a vendor could pay additional money into the meter to extend the allowable time. She noted that where there are time limits on parking but no meters, parking times range from 2 to 10 hours in duration. Ms. Poffenroth explained that the proposal complies with the relevant bylaws and explained that the bylaws as currently structured do not allow for someone to have a designated spot. She noted that the matter is before a number of groups and the intent is to be in a position to offer a more business friendly environment and options for vendors next year, adding that the options presented are interim measures. Question being taken, the motion was carried 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence (Mayor Norton withdrew from the meeting. Deputy Mayor Rinehart assumed the chair) 15.1 Request to Present from J. MacQueen - Leinster Court Property Mr. Woods suggested that Council table the item to allow staff to bring back a summary report, adding that this group was before Council in 2010. On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that the request to present from Mr. Jon MacQueen regarding Leinster Court Property be tabled pending a report from the City Manager. Councillor Fullerton stated that she is not in favor of a tabling motion and noted that she would prefer to deal with the matter immediately. Question being taken, the motion was carried with Councillors Fullerton and Norton voting nay. (Mayor Norton re- entered the meeting and assumed the chair) 16. Supplemental Agenda 16.1 Engineering Services: Duke Street (Wentworth Street to Crown Street) The Common Clerk advised that this item was dealt with under item 12.2 subject to a revised resolution. 16.2 Contract 2013 -13: Millidge Avenue and Area — Sanitary Sewer Installations On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -130: Contract No. 2013 -13: Millidge Avenue and Area — Sanitary Sewer Installations, the contract be awarded to the low Tenderer, Fairville Construction Ltd., at the tendered price of $3,686,274.70 (including HST) as 16 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 17, 2013/LE 17 JUIN 2013 calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.3 Contract 2013 -12: Fairville Boulevard Water Main Renewal On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -128: Contract No. 2013 -12: Fairville Boulevard Water Main Renewal the contract be awarded to the lower tenderer, Terraex Inc., at the tendered price of $861,014.80 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 16.4 City of Saint John Involvement in FCM Committees On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report, City of Saint John Involvement in FCM Committees, Common Council: 1. Direct the City Manager to notify the FCM of the City's interest in participating in the FCM committee structure; 2. Approve the list of four FCM committees linked to the current priorities of the City of Saint John; 3. Determine the appropriate level of participation by Council members in the FCM committees; and, 4. Request Members of Council interested in participating on an FCM committee to notify the Common Clerk, who will then forward to the Nomination Committee. Question being taken, the motion was carried. 16.5 Proclamation: World Refugee Day — June 20, 2013 The Mayor proclaimed June 20th, 2013 World Refugee Day in the City of Saint John. 16.6 Proclamation: National Aboriginal Day — June 21, 2013 The Mayor proclaimed June 21St, 2013 National Aboriginal Day in the City of Saint John. 16.7 Regional Policing (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that Common Council send a letter to the Fundy Regional Service Commission to encourage further discussion and investigation of a more efficient regional police service. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Real Property Acquisition — 1954 Manawagonish Road PID 55125330 On motion of Councillor Merrithew Seconded by Councillor Strowbridge RESOLVED that as recommended by the Committee of the Whole, having met on June 17, 2013, the City enter into an Agreement of Purchase and Sale with Fundy Fencing Ltd. generally in the form as submitted with M &C 2013 -129, for the purchase of the fee simple interest in lands located at civic 1954 Manawagonish Road and bearing PID Number 55125330; and, that the Mayor and 17 97- COMMON COUNCIL /CONSEIL COMMUNAL JUNE 17, 2013/LE 17 JUIN 2013 Common Clerk be authorized to sign all required documentation to finalize the transaction. Question being taken, the motion was carried. 18. Adjournment On motion of Deputy Mayor Rinehart Seconded by Councillor Farren RESOLVED that the Common Council meeting of June 17, 2013, be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:10 p.m. Mayor / maire Common Clerk / greffier communal 18 RE F0 TIT- TO CONTHVIDT-i COUNCIL M &C- 2013 -143 June 24, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Municipal Services Easement 835 Loch Lomond Road ANALYSIS: The current applicant is seeking approval of a proposed municipal services easement as a part of the proposed "Scholten's" development at 835 Loch Lomond Road. l City of Saint John Infrastructure Services has indicated that there is currently a ditch across the back of the subject property that conveys stormwater from an outfall at McAllister Drive to a culvert under the Carquest driveway at 550 McAlister Drive. As part of the redevelopment of the property, the developer has proposed relocating the existing ditch further to the north of the subject site to facilitate the construction of the proposed building. In discussion with staff regarding the proposed development, the developer questioned the possibility of piping the ditch. Staff explained that if the developer wishes to pursue this option, the City would require a municipal services easement for the proposed storm sewer, which would require Council approval. Often the vesting of municipal services easements is considered in a recommendation from the Planning Advisory Committee when dealing with more significant subdivision applications where other approvals are required. However, this matter does not require the consideration of the Committee, and the Community Planning Act does not require the Committee's involvement when only dealing with easements. ipt M & C —2013 —143 - 2 - June 24, 2013 The vesting of the proposed municipal services easement is supported by Infrastructure Development. Therefore, Council's assent to the proposed municipal services easement is recommended. RECOMMENDATION: That Common Council assent to a subdivision plan of the property located at 835 Loch Lomond Road (PID 00313700), with respect to the vesting of the proposed municipal services easement. Respectfully submitt ed, Amy Poffenroth, P. Eng., MBA Acting Commissioner Growth & Development Services J. Patrick Woods, CGA City Manager JK Project No. 13 -134 20 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT P , 2 aso � • 8 • 0-00 o -o • o do • % = g s. 3 630 Dr' M � M Bp �`. �' also 00 0000,0, ` �,,i` �'a ? US aka. R -2 • �a L. 8,5 0 RS -2 NE 830 r • V ✓ / Q Subject Site /site en question: F PID(s) /NIP(s): 00313700 Location: 835 Loch Lomond Road Date: February 27, 2013 Scale /echelle: Not to scale /Pas a 1'echelle 21 -_ — - — -�: — - - -- � tn d{ V'I 00£22£££ _ . . y . � - � , ♦ [ a ; ! §§© K c - m .� • �_ � � !|@ , a § k E a [ � . � REPORT TO COMMON COUNCIL M &C- 2013 -99 June 25, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Mosaic Heights Subdivision - Municipal Drainage Easements and Detention Pond BACKGROUND: :1 City of Saint John On September 26, 2011 Common Council assented to the vesting of the proposed street and revised land for public purposes as well as any necessary municipal services easements and public utility easements with respect to Unit 1 Phase 1 of the Mosaic Heights Subdivision, located off of Loch Lomond Road. The first portion of the overall subdivision will contain approximately 19 residential lots. Common Council also authorized the preparation and execution of one or more City / Developer Subdivision Agreements to ensure provision of the required work and facilities. The Developer, REID Investments Ltd., (formerly 654101 NB Ltd.) has provided the Final Plan of Subdivision for the first phase of the development and the City / Developer Subdivision Agreement has been executed. The subdivision contains a storm water detention pond which is required to be conveyed to the City. Conveyance of the storm water detention pond is an additional requirement beyond endorsement of the Final Plan of Subdivision and execution of the City / Developer Subdivision Agreement. The acceptance of the transfer of the lands on which the storm water detention pond is located, shown as "Lot 13- 1000" on the attached tentative plan of subdivision, requires a resolution of Common Council. A municipal drainage easement (shown as Municipal Drainage Easement EA -1, centered on the northern property line of Lot 13 -1) is required over a drainage 23 M &C- 2013 -99 -2- June 25, 2013 swale from Mosaic Drive to the stormwater detention pond. This swale acts as the major drainage path directing flows from storms that are in excess of the 1 in 5 year return period from Mosaic Drive to the detention pond. As the recommendation regarding the subdivision did not include Common Council's acceptance of the necessary municipal drainage easements, approval from Common Council to accept these easements is required. A second municipal drainage easement (shown as Municipal Drainage Easement EA -2 at the terminus of Picasso Drive) is required over a temporary ditch which is acting as the storm sewer for the portion of Picasso Drive that has been constructed as part of Phase 1. Once Picasso Drive is fully constructed, a storm sewer will be installed by the developer and will outfall to the detention pond through a municipal services easement. ANALYSIS: Growth and Development Services staff has consulted with the Legal Department and Transportation and Environment Services regarding the land transfer and necessary easements and the Developer has agreed to the terms and conditions and wishes to make the conveyances. The City must acquire the two required drainage easements from the developer to accommodate the temporary ditch and drainage swale and the developer has agreed to grant same to the City for $ 1. No other monies or compensation will be paid by the City to the Developer. The transfer of Lot 13 -1000 is subject to the following terms: 1) The City will acquire Lot 13 -1000 for $ 1. No other monies or compensation will be paid by the City to the Developer. 2) Title to Lot 13 -1000 to be unencumbered freehold title; 3) Title to be acquired upon completion of the Developer's work to the satisfaction of the Chief City Engineer of The City of Saint John; and 4) All costs associated with the transfer are to be borne by the Developer. Following completion of the work required by the City to the satisfaction of the Chief City Engineer and receipt of the transfer documentation and applicable filing and registration fees, the Development Officer will endorse the Final Plan of Subdivision which will reflect the new name of the developer. 24 M &C- 2013 -99 -3- June 25, 2013 RECOMMENDATION: That the City of Saint John acquire from REID Investments Ltd. easements for drainage of naturally occurring surface water (Municipal Drainage Easements EA -1 and EA -2) as depicted on the attached Tentative Subdivision Plan titled "Mosaic Heights Subdivision — Unit 1 Phase 1, Loch Lomond Road, City of Saint John, Saint John County, N.B." and dated May 6, 2013 for one dollar; and 2. Upon completion by REID Investments Ltd. of the work relating to the detention pond to the satisfaction of the Chief City Engineer, that The City of Saint John accept from REID Investments Ltd., at the said company's cost and expense, a Transfer in registerable form of the unencumbered freehold title to Lot 13 -1000 depicted on the attached Tentative Subdivision Plan titled "Mosaic Heights Subdivision — Unit 1 Phase 1, Loch Lomond Road, City of Saint John, Saint John County, N.B." and dated May 6, 2013 for one dollar." Respectfully submitted, Amy Poffenroth, P.Eng., MBA Acting Commissioner Growth and Development Services J. Patrick Woods, CGA City Manager 1111.7 Project No. 11 -222 25 REPORT TO COMMON COUNCIL M &C2013 -145 June 26, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT: Transportation and Environment Services - Tenders for Rental Loaders BACKGROUND Front loaders with a wing and plow are the most efficient snow clearing machine for cul -de -sacs and block plowing in more urban and dense urban neighbourhoods. These units have a shorter wheel base, more appropriate turning radius for 90 degree turns and have superior sight lines on narrow streets with parked cars. As Saint John has a high proportion of streets requiring this type of equipment and since more loaders are required for winter operations than summer operation, it is necessary to supplement the fleet of loaders with wings and plows required to meet the needs of the City's winter operations by establishing rental agreements. Rightsizing the Fleet to meet seasonal demands required an analysis between owning and leasing front loaders where it makes the most economic sense. Since only a base number of loaders are required year round, it does not make sense to purchase equipment to have it sitting in the yard for 6 months each year. Leasing allows the City to pay only for the months that the machines are in operation and returns them to the vendor at the end of each winter with an opportunity to rent them, or their equivalents the next year, at the same cost. This approach has provided a reliable and cost effective approach to meeting this need. The City receives newer equipment reducing the opportunity for equipment breakdown such that more reliable service can be provided. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT A public tender call was issued on May 21, 2013 and closed on June 5, 2013. Three companies responded to the tender call by submitting bids. The results are as follows (excluding HST): COMPANY NAME TENDER PRICE* Wallace Equipment Ltd. (Fredericton, NB) $9,350.00 Atlantic Tractors & Equipment Ltd. Dartmouth, NS $10,500.00 Maritime Case Ltd. Hanwell, NB $7,628.19 *Per Month, Exclusive of HST 26 Tenders for Rental Loaders Report to Common Council, M & C 2013 - 145 INPUT FROM OTHER SOURCES CONT'D... June 26, 2013 Page 2 Staff of Materials Management, Fleet Management and Transportation and Environment Services have reviewed the tenders and have found them to be complete and formal in every regard. Staff believes that the low tenderer has the necessary resources and expertise to fulfill this acquisition, 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. FINANCIAL IMPLICATIONS If awarded as recommended, the cost to lease two (2) new loaders with plow and wing for a two (2) year period (six (6) months of usage per year) will be $183,076.56 plus HST. This is a planned expenditure for which funds have been allocated in the General Fund Operating Budget within the Transportation and Environment Service. RECOMMENDATION It is recommended that Common Council award the tender for the supply of two (2) loaders with plow and wing to Maritime Case Ltd. at a price of $7,628.19 per machine per month for a two (2) year, six (6) months per year term, at a total cost of $183,076.56 plus HST, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, R. Kevin Rice B. Sc., CET Deputy Commissioner Transportation and Environment Services Wm. Edwards, P. Eng. Commissioner Transportation and Environment Services J. Patrick Woods, CGA City Manager 27 REPORT TO COMMON COUNCIL M &C2013 -141 June 25, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Unidirectional Flushing BACKGROUND > The City of Saint John 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. Since 2005 Saint John Water has contracted with Aqua Data Atlantic to design and execute a unidirectional flushing program for the City's water distribution system. The objective from the outset of the unidirectional flushing program in 2005 has been to utilise unidirectional flushing in all areas of Saint John by the end of 2012. The 2012 unidirectional flushing program was the first year that the entire water distribution system was flushed utilising the unidirectional method. The unidirectional flushing program supports the goal of providing customers safe, clean drinking water. PURPOSE The purpose of this report: To seek Council's approval to enter a multi -year contract for the provision of unidirectional flushing services. W M &C2013 -141 June 25, 2013 Page 2 ANALYSIS The City of Saint John is required to flush watermains as per the Approval to Operate Drinking Water Distribution Facilities. 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. For many years Aqua Data Atlantic has been the only provider of this specialty service in the Maritime Provinces. This year Saint John Water issued a Request for Proposal 2013- 461002P to determine if other contractors were available to perform the work and to establish a new multi- year agreement for the provision of unidirectional flushing services. The Request for Proposal sought responses from contractors with the qualifications, experience and ability to carry out a unidirectional flushing program. Unidirectional flushing utilises specialised software to optimise flow velocities for cleaning distribution piping; yielding quantifiable results. 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. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT: Materials Management facilitated the RFP process to solicit proposals for Unidirectional Flushing Services. As such a Request for Proposal (RFP) closed on Thursday, May 16, 2013 with responses from the following firms: • Keel Construction, Grand Bay — Westfield, N.B. • Aqua Data Atlantic, Dartmouth, N.S. A review committee, consisting of staff from Materials Management, Saint John Water formed to evaluate submissions. The committee was tasked with the role of reviewing each submission against the proposal evaluation criteria as defined in the proposal call document. These criteria consisted of the following: 6.5.1 Quality and Completeness (10 %) Is the proposal presented in an organized and professional manner? Is it in the format required and does it address all of the items and concerns expressed? Has the signed cover letter been included? W, M &C2013 -141 June 25, 2013 Page 3 6.5.2 Related Performance/Experience (30 %) Proponents must provide examples of reports to previous or current customers and supply references for other water utilities that have used unidirectional flushing. 6.5.3 Compliance (35 %) Does the proposal meet our UDF requirements? Does the proposal address all points? 6.5.4 Pricing (25 %) Purchase price will be a factor, however neither the only factor nor the determining factor, in the evaluation of bids. All costs associated with adopting the bidder's proposal must be considered. In accordance with the City's policies and procedures, separate assessments of the technical and financial aspects of the submissions were undertaken by the review committee members. At the conclusion of the technical and financial evaluations, the committee unanimously recommended the proposal submitted by Aqua Data Atlantic, Dartmouth, N.S. Aqua Data Atlantic's proposal scored the highest offering the best solution for the City. While their bid not only scored the highest technically, their financial proposal represents the lowest cost solution to the City of Saint John. The above process is in accordance with the City's Procurement Policy and Materials Management support the recommendation being put forth. FINANCIAL IMPLICATIONS The prices proposed by Aqua Data Atlantic are summarized below. The proposal from Aqua Data Atlantic offers a substantial savings for Saint John Water. This program is funded through the Saint John Water Operating Budget and sufficient monies are available to cover this expenditure. Working with Aqua Data Atlantic demonstrates our commitment to ensuring that a best practice such as unidirectional flushing is a continued part of Saint John Water's annual operating procedures W M &C2013 -141 June 25, 2013 Page 4 Unidirectional Flushing Services - Saint John Water RFP Financial Proposal Summary Year Aqua Data Atlantic Dartmouth NS 2013 $ 190,000.00 2014 $ 190,000.00 2015 $ 195,700.00 Total - 3 yr Contract $ 575,700.00 2016 $ 199,600.00 2017 $ 203,500.00 Total - Option Years 4 and 5 $ 403,100.00 * All prices are HST extra RECOMMENDATION It is recommended that the proposal from Aqua Data Atlantic for the provision of the Annual Unidirectional Flushing Program for the initial term of years 2013 through 2015 and at a cost of $575,700.00 plus tax, be accepted, and further that the option for an additional two (2) year period, at the sole discretion of the City and upon mutual agreement with the vendor, be included. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water RE ��- 0 Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner - Saint John Water City Manager 31 REPORT TO COMMON COUNCIL M &C2013 -142 June 25, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Environmental Trust Fund — Letter of Offer BACKGROUND The City of Saint John The New Brunswick Department of Environment advised The City of Saint John of its obligation to complete an Environmental Risk Assessment for the Lancaster Wastewater Treatment Facility by December 31 ", 2014. Included in the Environmental Risk Assessment is an effluent characterization to be completed over a one year period. The recently adopted Canada -wide Strategy for the Management of Municipal Wastewater Effluent requires a site - specific Environmental Risk Assessment be performed for all municipal wastewater effluent discharging to surface water. The site specific Environmental Risk Assessment is critical in establishing effluent discharge objectives for each facility to protect human health and the receiving environment. The City of Saint John engaged CBCL Limited in January 2013 to complete the required Environmental Risk Assessment for a lump sum fee of $28,640 (plus applicable taxes). The City was advised by Department of Environment and Local Government it would be eligible to receive up to $10,000 of Environmental Trust Fund monies towards the cost of performing the Environmental Risk Assessment. Saint John Water received a letter from Mr. Denis Caron, Deputy Minister, Department of Environment and Local Government advising that our submission had been accepted and that The City of Saint John would receive $10,000 support towards the expense of performing the Environmental Risk Assessment. In order to receive the funds under this program, it is necessary for the Mayor and Common Clerk to sign the Letter of Offer (copy attached). 32 M &C2013 -142 June 25, 2013 Page 2 RECOMMENDATION RESOLVED that the Mayor and Common Clerk be authorized to sign the attached Environmental Trust Fund Letter of Offer for Environmental Risk Assessment, Lancaster Wastewater Treatment Facility — Saint John (Project No. 130008). Respectfully submitted, ; I ; 111-ljlil� 2 —� � Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water �V'1-10-� Wm. Edwards, P. Eng. J. Patrick Woods, CGA Commissioner City Manager Transportation and Environment 33 BNew /- �J�Nouveau runswick C A N A D A May 29, 2013 Dear Environmental Trust Fund (ETF) Award Recipient, Congratulations on receiving an ETF award for the 2013/14 fiscal year. Attached you will find a Letter of Offer outlining the general terms and conditions associated with all ETF projects. Conditions specific to your award are outlined in the Eligible /Ineligible Project Costs section. Please sign and return the contract to: Environmental Trust Fund, Department of Environment and Local Government, PO Box 6000, Fredericton, NB E313 51-11. I would ask that you take note of the following important dates /deadlines for this fiscal year: - All work must take place within the 2013/2014 fiscal year, and all financial documents (invoices /proof of payment) must also be dated between April 1, 2013 and March 31, 2014. - Acceptance of Letter of Offer (Contract): Offer remains open until August 31, 2013 unless otherwise stated in contract condition #16. - Mandatory Interim Report: Due on October 31, 2013. No additional claims will be paid after this date unless the Interim Report has been received. - Final report: Due on March 1, 2014. - Final date for acceptance of financial claims: All financial claim documents, including advance recovery, must be received by the Department no later than March 31, 2014. Please note that you will be receiving some correspondence by e-mail this year, so it is imperative that we have your current e-mail address at all times. Changes to your e-mail address or other contact information may be sent to the ETF mailbox (etf- ffe(a-gnb.ca), clearly indicating any changes. If you have any questions do not hesitate to contact your ETF Field Officer, L6vis Th6dault, at 506 - 444 -4455. Thank you for your cooperation in these matters and good luck with your project. Andre Chenard Director Community Funding and Technical Services Environment /Environnement P.O. Box /C.P. 6000 Fredericton New Brunswick /Nouveau- Brunswick E3B 5H1 Canada ii www.gnb.ca New /�,7�Nouveau brunsW1Ck C A N A D A May 15, 2013 Dear Environmental Trust Fund Award Recipient, Congratulations on your successful application to the Environmental Trust Fund (ETF). As was the case last year, I will be your environmental field officer and available to assist you with issues related to your project. I would like to take this opportunity to make you aware of some additional information relating to the ETF process. In order to get an overview of your progress, I will be conducting visits over the course of your project. During these site visits to your project or office location, I would like to talk about your project, how it is progressing and provide any assistance that I can. Also, it is very important that you set clear, measurable goals and objectives for your project as the successful project completion will be determined by how well these have been met. As part of my duties, I review expense claims as they are submitted and compare them to your proposal with respect to the activities undertaken and the related budget. To ensure that your expense claim is processed for payment as quickly as possible I remind you that you must complete and sign a detailed expense form (included with this letter) and include copies of all invoices as well as copies of proof of payment (cancelled cheques, bank statements and receipts). You can submit your expense claims electronically by forwarding the documents to etf -ffe nenb.ca. Missing items can result in delays in processing your claim. Administration fees based on a percentage of your award or claim amount will not be accepted; administration expenses and overhead costs must be documented as part of a claim submission. You should also be aware that you must submit a request and receive approval for significant changes to your budget. I would like to remind you that reimbursement for travel expenses will only be up to established government rates and that receipts must be provided. When a person is required to use his/her private vehicle, the following rates apply. Kilometric Level/Fiscal Year Effective I ' April V 2012 For each of the first 8,000 kilometers per year l For each of the next 8,000 kilometers per year For each kilometer in excess of 16,000 kilometers per year $ .41 $.38 $ .33 Note: "Kilometric Levels/ Fiscal Year" mean that individual records of accumulated kilometers revert to zero on April I" of each year. ...2 Environment /Environnement www.gnb.ca P.O. Box /C.P. 6000 Fredericton New Brunswick /Nouveau- Brunswick E3B 5H1 Canada X935 May 15, 2013 Environmental Trust Fund Award Recipient Page 2 Meal allowances for those travelling are as follows: Meal Period Effective June 1, 2010 Breakfast (between 12:00 a.m. and 12:00 noon) $ 7.50 Lunch (between 12:00 noon and 6:00 p.m.) $10.50 rDinner (between 6:00 p.m. and 12:00 p.m.) $ 19.50 TOTAL DAILY ALLOWANCE $ 37.50 Additionally, expenses related to alcohol will not be reimbursed. The Government of New Brunswick's primary means of payment is through direct deposit and it is moving towards making all payments by this method. If your group has not already signed up for this option, you may do so by visiting the . following I site: http: / /www2. gnb. ca/ content /gnb /en/departments/ government_ servicesiprocurement /content/direct_deposit.html You will then be able to take advantage of this safe, fast and green method for reimbursement. Once the direct deposit method is in place, all payments from this point forward (including any in future years) will be made electronically and will be deposited to the bank account specified. As noted in your contract, an interim report is also required by October 31" 2013. That progress report, in addition to site visits and expense claims will enable me to track the progress of your project. I look forward to meeting with you in the coming year. If you have any questions or simply need hesitate to contact me, at (506) 444 -4455 or by email at ENVIRONMENTAL TRUST FUND LETTER OF OFFER Re: Environmental Risk Assessment, Lancaster Wastewater Treatment Facility - Saint John Project No.: 130008 The goals of this project are consistent with ongoing departmental initiatives and as such will contribute to important environmental objectives. Designated staff within the Department of Environment and Local Government (ELG) will be following the project to ensure that the outcomes are properly incorporated into appropriate departmental program areas. With respect to your application to the Environmental Trust Fund (ETF), an offer of financial assistance is hereby authorized by the Department of Environment and Local Government, hereafter referred to as the "Department" for the project herein contained subject to the following conditions. For the purposes of this project, the project costs are as follows: Eligible Project Costs: $10,000 • the project must follow Part A of "Technical Supplement 3 - Standard Method and Contracting Provisions for the Environmental Risk Assessment" of the Canada -wide Strategy for the Management of Municipal Wastewater Effluent (http://www.come.ca/ourwork/water.html?category_id=81). • must work closely with Department staff - Tony Whalen Ineligible Project Costs: In addition to the foregoing, this offer is subject to the following terms and conditions: This offer is governed by the laws of the Province of New Brunswick. 2. No contributions shall be made by the Department from the ETF with respect to any costs incurred other than the eligible project costs. The Department may approve eligible costs other than those set out above, but no costs except those specifically approved in writing by the Department will be considered eligible project costs for the purposes of this offer. The total Environmental Trust Fund contribution to the project will not exceed the original Environmental Trust Fund award. 3. No changes shall be made in the scope and specifications of the project without written consent from the Department. 37 4. A mandatory interim progress report i s attached). All financial claims received interim progress report has been received. to be submitted by October 31" 2013 (see after this date will not be processed until the Upon receipt of an award letter from the Department and upon acceptance of this Letter of Offer, the proponent may request an ongoing advance of funds for the approved project. The maximum advance that may be provided is 20% of the total award, or an amount mutually agreed to by the proponent and the Department. This amount does not have to be accounted for until the end of the project. 6. A signed letter or invoice explaining the reason for the advance request must be sent to the Departmental contact (Levis Theriault) in order to receive an advance. The letter must also indicate the proponent's name and complete mailing address. 7. Financial claims requesting re- imbursement for expenditures may be submitted as required; for example, at defined time intervals, upon completion of the project or a phase thereof. Each financial claim for payment under the ETF must be submitted using the attached Detailed Claim Form to summarize expenditures and indicate the total amount requested, name of the project and contact information. Photocopies of all paid invoices and photocopies of proof of payment, such as cancelled cheques, bank statements, receipts, must be included to support the request. Signed claim forms with related invoices and proof of payment can be emailed to etf -ffe @gnb.ca At the end of the funding period, there will be a 10% holdba& of project funding until a final report and all financial back -up, including proof of expenditure of any advance, has been received by the Department. A signed request must be submitted to the Departmental contact (Levis Theriault) before the 10% holdback will be paid. No claim shall be paid after March 31, 2014. 9. The project must be completed and all invoices must be dated no later than March 31, 2014 and the financial claim received by the Department no later than March 31, 2014. No claim shall be paid if received after that date. The final report must be received by the Department by March 1, 2014. 10. Any written material developed and printed for public distribution that promotes responsible environmental activities that may have regulatory requirements must be reviewed by the Department prior to publication. 11. In the event of an intentional breach of any of the terms and conditions of this Letter of Offer by the proponent, no further contributions shall be made by the Department and all previous payments shall be returned to the Department within 30 days of written notification to that effect. 12. The New Brunswick Wordmark and the slogan "Your Environmental Trust Fund at Work" shall be displayed in a prominent location on all documents, signage and other printed media related to the project. The logo can be found at: http:// www2. gnb .ca/content/gnb /en/departinents/ government _services /logos_symbols.hbnl ti.. , 13. The project site shall be accessible to Departmental staff on a continuing basis. Project records shall be made available to the Department for the purposes of auditing the financial records at a time mutually agreed upon. All records must be retained for audit purposes for a period of seven years following final payment on the project. 14. The proponent must receive prior approval for any public announcement concerning the project, from the Department of Environment and Local Government. 15. The proponent shall indemnify, defend, and save harmless the Province of New Brunswick, its Ministers, officers, directors, employees, agents, successors and assigns, from any and all losses, claims, demands, suits, costs and expenses of whatever nature and description arising from or in connection with the proponent's breach of this contract, or the proponent's negligence or willful misconduct, or a third —party claim arising out of the proponent's performance under this contract. 16. This offer is to remain open until August 31, 2013. To indicate your acceptance, please return this Letter of Offer, signed by an authorized person to Andre Chenard, Department of Environment and Local Government PO Box 6000, Fredericton, NB E3B 51­11. It is important to note that any form of conditional ac ptance of this offer renders the offer null and void. Denis Caron Deputy Minister, Department of Environment and Local Government This offer accepted this day of Signature of proponent Name and title of proponent (please print) Group name and address Witness: Signature of witness Name and title of witness (please print) (month) (year) 40 ETF Interim Report To be submitted by October 31, 2013 Project No. Project Frame: Estimated percentage of project completed: ❑ 0 -25% E 25 -50% E 50 -75% Estimated percentage of ETF award spent: J 0 -25% Ll 25 -50% [J 50 -75% Anticipated date of project completion: Project Status (brief summary of things accomplished so far): Difficulties/Issues encountered: Signature: `. 75 -100% 75 -100% Date: Reimbursement for future financial claims is contingent upon the completion of this form. 41 New Brunswick Environmental Trust Fund Detailed Claim List all eligible costs with invoices and proof of payment (cancelled cheques, bank statements, receipts) on this form. include a copy of each invoice and proof of payment with your claim. Please be thorough. Failure to record and support each cost can cause delays receiving your re- imbursement. Once completed and signed, you can submit your claim electronically at etf.ffr4i?1znb.ca. Claims for 2013/14 will not be accepted after March 31, 2014 Project Number: Project Name: Group Name: Address: Description Name of Supplier Cheque or Invoice For Office Reference No. Amount Use Only Total Costs The undersigned hereby certifies that the invoice above has been paid and the work completed. Signature Name Title Date Is this the final financial claim for this project? ❑ Yes ❑ No Total Eligible Officer's Signature Date for o. flee use only 42 BY -LAW NUMBER C.P.106- A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 106 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors dune r6union du conseil John in Common Council convened, as communal, The City of Saint John a 6dict6 follows: ce qui suit : The Municipal Plan By -law of The City of Saint John enacted on the 30th day of January, A.D. 2012 is amended by: 1 Amending Schedule A — City Structure, by redesignating a parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as being PID No. 00420386 and a portion of PID No. 00300855, from Rural Resource Area (outside of the Primary Development Area) to Stable Area (within the Primary Development Area) classification; 2 Amending Schedule B — Future Land Use, by redesignating the same parcel of land from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area) classification - all as shown on the plans attached hereto and forming part of this by -law. IN WETNESS 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. 2013 and signed by: Mayor L'arretd concernant le plan municipal de The City of Saint John ddcr6t6 le 30 janvier 2012 est modifi6 par: 1 la modification de 1'annexe A — Structure de la municipalit6, afm de faire passer la d6signation d'une parcelle de terrain dune superficie d'environ 11 hectares, situ6e au 220, chemin Glen, et portant le NID 00420386, et dtant aussi une partie du NID 00300855, de secteur de ressources rurale (hors du principal secteur de developpement) A secteur stable (dans le principal secteur de developpement) ; 2 la modification de Pannexe B — Utilisation future des sols, afin de faire passer la d6signation de la parcelle de terrain pr6cit6e de secteur de ressources rurale (hors du principal secteur de developpement) a secteur residentiel stable (dans le principal secteur de developpement); - toutes les modifications sont indiqu6es sur les plans ci joints et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi6re lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 43 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 14.00 in. Sales Rep: Doug Thomson PROPOSED MuhmaPAL PLAN AMENDMENT RE: 220GLEN ROAD Public Notice is hereby given that the Common Council of Thy City of Saint John intends to c.,nsider amending the Municipal Development Plan at its regular meeting to be held in the Council Chamber on Tuasdasy, July 2, 2D13 at 6:30 pm, by: 1. Redesignating, on Schedule A of the Municipal Development Plan, c parcel of land with an area of approximately 11 hectares, located at 220 Glen Road, also identified as PID No. 00420386 and a ^ortion of PID No. 00300855, from Burd Resour=A= (ouW* of dw PdmaYDesdo --fAgW to Sto6kAraa 6YMln dae Wmmy DevdopmeWArm), as illustrated belor.:; 2. Redesignating, on Schedule B of the Municipal Development Plan, the same parcel of land, from Rrold Res uto (arstalde of the Pfbnmy Devdop n-* Ame) to SEdaf r RedeferEfaf (*Nkw tbs P06—y DerewpormrA—). REASON FOR CHANGE: To permit the expan_ion of the existing mobile home park. The proposed om amendments mad be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments maybe sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact tha office of the Common Clerk. Jonathan Taylor, Common Clerk 648 -3703 PROJET DE MOLNRCATION DU PLAN MUNICIPAL OBJET: 221), CIIFMN GLEN Par les presentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal, lots de la reunion ordinaire qui se tiendra clans la salle du Conseil le merr! 2 Jarvet 2013 A 16 h 30, er apportant les modifications suivantes : 1, Modifier la designation, a I'annexe A du plan d'amenagement municipal, d'une parcelie de terrain dune superficie d'environ 11 hectares, situee au 220, chemin Glen, et portant le NID 004203136 et etant aussi une partie du NID 00300855, afin de la faire passer de sedwdereswu oesnwak (lams da pr srdar de a sachw3faw (don prbaogrdzederde dErtdsppenent) comme it est indique ci- dessous, 2. Modifier la designation, A I'annexe B du plan d'am6nagement municipal, de L parcelle de terrain precitee, afin de la �\ faire pasrer de sedeur Mm MKOd semeur 5 svcmff D�k pA (dons k seek rde RAISON DE LA MODIRCATION: Permettre 1'exparcion du part de maisons mobiles existant. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d4veloppement A I'hbtef de vlUe au 15, Market Squire, Saint John, N -B., entre 8 In 30 et 16 h 30 du lundi au vendredi, sauf le jour, f6ri6s, Veuillez faire part de vos objections au projet de modification proposes par ecrit a I'attention du soussigne 5 I'hotel de ville. Si vous avez besoin des services en fransais pour une reunion de C,mseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 648 -3703 Ad Number: A74100 Ad ID: 6472109 Current Date: May 27 2013 04:45PM Start Date: 6/4/2013 End Date: 6/25/2013 Color: B/W Client Approval OK ❑ 44 Corrections (aussi disponlble en franfais) Type of Application ® Municipal Plan Amendment ❑ Subdivision ❑ Similar / Compatible Use ® Zonin Wlaw Amendment ❑ Variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions X Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of 632504 New Brunswick Ltd. Mailing Address of Applicant (with Postal Code) 575 Crown Street, Saint John, NB E2L 5E9 Home Telephone Number Fax Number 506 - 634 -0759 Name of Property Owner (if different from applicant) Mailing Address (with Postal Code) Property Information Work Telephone Number 506 - 634 -1717 (Rick Turner) E -mail rt@hughessurveys.com 632504 New Brunswick Ltd. CIO Hughes Surveys Location Glen Fails Mobile Home Park Portion of PID 00300855 & PID 00420836 Civic # Street PID Existing Use of Property Vacant Land Proposed Use of Property Land Lease Community Existing Plan Proposed Plan Low Density Residential (an adjustment to the Designation of Property: Rural Resource Designation of .Property: primary development area boundary is also required) Existing Zoning of Property RS -2 Proposed Zoning of Property RS -2 Conditional Use Description of Application Describe what you propose to do (attach additional pages if necessary). Refer to attached _. NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this applicati is required. Signature of Applican Signature of Owner Rick Turner - Hughes Surveys & Consultants Inc, ajid Debly -- 632504 New Brunswick Ltd. Date Date _ For Office Use Only Reviewed by Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Site Plan ❑ Fee rfieQryoPealntptiu Date ❑ Tentative Subdivision Plan ❑ Building Elevations ❑ Other ❑ Floor Plans ❑ Sign Drawings P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1911 Saint John. N. -B, Canada E2L 4L1 45 f SAINT JOHN Glen View Park Land Lease Community . Proposed Expansion Glen View Drive Saint John, NB Prepared by: HUGHES SURVEYS & COMSULTANYS. INC. 575 Crown Street Saint John, NB E2t 4W9 Reference Number: Y7 1-275 31512013 DEVELOPMENT PROPOSAL & CONC, 'PT 4L nF,SIGN BRIEF 46 'TABLE OF CONTENTS r.: ki"XIX) YON........ ....................................................... a........................................................................,......... ............................... i tI STURY..... ........................................................................................................................................................ ............................... l EXISriNG AFVFLOPEA AREA...,.......... ........................................................... ............................... ... PRGPOSEDEXPANSION ..... .. .............. .. ......... «.... ........ .. ... »..... .................. .. .... ..... ....... ... ... .. ..... .... ...... .. ............... ...... » ........ .. ......... 2 T0, t. GRAPF 4Y ... ............................... 1.-.-.----.1 .............................»...................»...................................... ......................... »....2 '�OCre :LOPE, DESI GN .............. ....... .......... . ...................... ..... ................................................ . ...................... ... .. ........ ..... .. ........ .... — f ...................................................................................................................................... ..............................2 ACI'Ci SS .................... ?- s'ASING OF DEVELOPMENT -• ABSORPTION RATE FOR LOTS ............................... .. ............................... I .... .. ............ ..... 5 r;: hviQwAL !-LdN A ZONING %PPROVALS REOUIRED .......................................................................... ........................ ».....d A0PEKDIXA - DRAWI NGS ..... ...... ... .. ........ ....... ....... .. ......... ..... .. ............. . ....... . ....................... . ... . ............ .. ... . .... I .... I........................ I Prepared By: Jennifer Peacock, P. Eng. Hughes Surveys & Consultants Inc. 47 Rick Turner Hughes Surveys & Consultants Inc. INTRODUCTION i The owners of the Glen Falls Mobile Home Park are planning an extension to their facility off Glen Road, upgrading the existing park and rebranding it as the "Glen View Park Land Lease Community ". The attached tentative plan illustrates the proposed extension which will consist of four new serviced private streets and approximately 80 new lease lots. The purpose of this submission is to provide details for consideration to amend the Municipal Plan and approve the proposed development as a conditional use. The proposed development takes in the undeveloped portion of PID 00300855 & 00420836. IHISTORY 1_ __. _ ---- - The existing park was developed in 1973. The original developer operated the park up until 2011 at which time it was purchased by 632504 New Brunswick Ltd., a company headquartered in Saint John and associated with the Debly group of companies. The new owner's primary interest is to expand the park to the north of the existing developed area and make the proposed expansion more appealing by doing substantial upgrades to the existing mobile home park. The improvements to the existing mobile home park have been ongoing over the past year. EXISTING bMi6PED AREA The existing park consists of approximately 100 sites each containing an area of approximately 3,200 square feet. There is a treed buffer along the southern and eastern boundaries of the park. In a central area of the park there is space that was allocated for a recreation area that has a small intermittent stream running through it. A tot lot was proposed to be developed in the recreation area in 1973 but it was never constructed. Improvements have been made to the services, roadways and ditch systems by the new owner. As part of the ongoing improvements to the park the recreation area will be developed and will include a tot lot area as was originally proposed in 1973. Page I 48 �PRUPC35EDEXPANSlON The development plan proposed in May 1973 for Phase 2 of the Glen Falls Mobile Home Park envisaged the park being expanded to a total of 216 lease lots. To carry out the development as proposed in 1973 would require infilling of an existing provincially regulated wetland and a realignment of the east branch of Marsh Creek. For environmental considerations the layout proposed in 1973 has been abandoned and a new layout is proposed. The new layout will require substantially more excavation but will avoid encroachment on the regulated wetland and its buffer. The principal owner of 632504 New Brunswick Ltd. has a related contracting business primarily involved in excavation and servicing. The reason for investing in the Glen View Park Land Lease Community at this time was to use the excavation/contracting business he has to enhance and expand the park while economic conditions are slow as a way of keeping his equipment operating and his staff employed. Since the new layout requires a substantial regrading of the site the excavation will be carried out based on the submitted preliminary grading plan once municipal plan approvals are granted. The proponent has also acquired an adjacent property north of the site known as PID 00420836. Their intent is to incorporate this into their plan in order to attain approximately 200 lease sites in the overall development upon build out (100 existing & 100 proposed). A portion of this area contains the east branch of Marsh Creek. It is proposed that the area around the creek upstream of the regulated wetland will be enhanced as park area for the development. Green space or park areas are reserved along the eastern boundary of the expansion area, which includes two elevated summits. The regulated wetlands and wetland buffer will remain as undeveloped green space. The green space (undeveloped and recreational) allowance for the expansion area upon build -out is approximately 56 %. TOPOGRAPHY The existing topography consists of fairly steeply sloping ground. Heading north from the existing Glen View Drive, grades increase to the peak of the hill about 170 metres into the subject area at which point the ground drops off toward the back of the lot. To either side of the proposed extension of Glen View Drive, there are rock outcrops. The rock outcrop to the east will remain, however the outcrop to the west of the proposed Glen View Drive Extension will be cut to facilitate development. The eastern edge of the property bound by Glen Road is classified as a regulated wetland and is also a part of the Glen Falls Flood Risk Area covered under the City of Saint John Flood Risk By -Law. The lot layout and grading will be carried out in a manner such that all construction activity and development will occur outside of the wetland and its 30 metre buffer zone. This will also assure the development does not infringe on the Glen Falls Flood Risk Area. The northern portion of the property will be filled to accommodate gently graded streets and the required gentle sloping property essential for this type of development. It is anticipated that the design will be such that there is a balanced cut and fill to minimize the amount of material to be imported to or removed from the site. Page 2 49 -kUCK SLOPE DESIGN _ Brunswick Engineering & Consulting Inc. has been engaged by 632504 NB Ltd. to provide engineering services for the above noted project. As part of the services provided, a rock assessment will be conducted to ascertain the stability of the rock face and the required slopes needed for stability. Once construction has commenced in the rock cut areas, the bedrock's geological features of the bedrock will be mapped and analyzed to determine the natural failure planes and angles. The analysis will be completed from the viewpoint of long term stability with no risk of wedge or block failures that could lead to pieces of rock becoming loose and posing risk to the building lots. The analysis will be based on visual observations of the working face of the rock and will therefore be the most representative way of inspecting the bedrock. The outcome of the analysis will determine the form of slope stabilization, which could be as simple as flattening out the rock face to a more stable angle or possibly installing mechanical stabilizations like rock anchors. Based on these findings the lot layout will be adjusted if required. 517E SER V!ClNG j Private water and sewer services serve the existing mobile home park. The existing services connect to the municipal system on Glen Road. It is proposed that the new development will connect to the existing services. Stormwater runs off the site in ditches along the streets and via a stream that runs through the middle of the park and crosses Glen Road via a culvert and into the existing low lying area to the west of Glen Road. Sanitary Sewer There is a 200mm diameter sanitary sewer along Glen View Drive and along Purdy Street. Both run to the intersection of Glen View Drive and Glen Road. The private 200mm sewer connects to the existing municipal system at a manhole on Glen Road south of Glen View Drive. The proposed development will be serviced by gravity sewer connecting to the existing system on Purdy Drive. From there it will flow through the private sewer system to Glen Road. Flow monitoring will be conducted on the existing privately held sanitary sewer system to measure infiltration and, if required proposals will be submitted to demonstrate how it will be mitigated. In order to determine that capacity of the existing system, it is proposed that a downstream analysis be performed to determine the existing flows to the Simpson Street pumping station based on theoretical values for the existing sewer shed. Page 3 50 The existing Glen Park Mobile Horne development is serviced by a looped water system consisting of 150mm watermain on Purdy Drive and Colin Avenue and 200mm watermain on Glen View Drive. This loop is fed by the municipal system on Glen Road. It is proposed that water service to the proposed development be provided in a looped extension to the existing system, where practical, by connecting at Glen View Drive and at the new street off of Purdy Drive. Hydrant flow tests will be performed to determine whether adequate pressures exist to service the proposed development. Should adequate pressures not be available, the developer will include provisions for a booster or pumping station in the detailed design phase. If infrastructure is required to deal with pressure issues within the development it will be constructed and held as private infrastructure. SionrawafL,rManagemeat Stormwater will be retained onsite. Storage will be provided in the fill that will be placed to shape the lots and roads. A detailed stormwater management plan will be submitted by Brunswick Engineering & Consulting Inc. who has been engaged by 632504 NB Ltd. to provide engineering services for the above noted project. More specifically, Brunswick Engineering has been retained to complete a stormwater study for the pre and post development rainfall runoff associated with the proposed land lease community expansion. Stormwater design has not commenced therefore, it is not possible to comment on actual design values for stormwater flows, however based on the existing grades and topographic features of this parcel, the following is the design methodology which will be used during the stormwater study. The existing site conditions have steep slopes and in places rock outcrops which would cause runoff time of concentration to be low. • The post development grades will be flatter than the existing grades which will lower the runoff velocity and increase the time of concentration for that area. • The post development will most likely have less vegetation than the pre - development so a there will probably be a net increase in the overall time of concentration for the runoff and as such there will be an onsite storage requirement for the expansion. o As a large rock cut is required to achieve suitable grades for the proposed roads and building lots, this rock can be used as a fill along the western side and northeastern end of the expansion. With proper blasting techniques, this rock can be blasted into a coarse shot rock which when placed will have a high voids content and thus a high ability to store water. Soil berms maybe required at the downstream end of the rock fill to help retain the water within the rock fill voids. Page 4 51 a As with the existing trailer park, the roadway will have rock lined open channel ditches lined with rip rap to help keep flow velocities low. The final design will incorporate the above list of design parameters/ features, however unforeseen circumstances and site conditions may warrant changes to this methodology. The storm water study and design will be completed following the specifications and requirements as set out by the City of Saint John. Access to the proposed development will be via the existing park, which the owners have been working on upgrading. As part of the development, further upgrades to the existing streets and ditches will continue. Two access points to the new section are planned. One will be an extension of Glen View Drive and the other will be via a new street off of Purdy Drive. Both accesses were set aside as possible future access points during the design and construction of the original development. Proposed streets will have a width of 12 metres consisting of 6 metre width of asphalt. Ditches will be shaped as needed to facilitate drainage to the existing ditches and watercourses as per a detailed stormwater management plan to be prepared by Brunswick Engineering. The proposed private streets comprise of: • An extension to Glen View Drive; 6 Five new private streets proposed to be named: - Rex Hurley Boulevard; Naomi Street; Seraphina Street Abigale Street; Kimberly Avenue. If any of the street names are objected, the developer proposes the following substitutes for consideration: Teed; Percy; Anthony; Kemal; Peter. Si OF aFVFLOPMENT - ABSORPTION RATE FOR LOTS Page 5 52 Our client's goal is to develop the property over the next year during a timeframe whereby it appears the economic downturn for his line of business will be most severe in this region. Working on their own property would allow him to maintain their construction operation and keep employees working as they develop the site that will become a corporate asset while providing those in the city looking for an affordable home ownership option. Even though the complete property will be serviced immediately if approved, it is anticipated that all lots would not be occupied until approximately 2018 (an absorption rate of approximately 20 units per year is expected). /MUNICIPAL PLAN dt ZONING APPROVALS RFQUIRFD Municipal Plan The subject site is located on the edge of the Primary Development Area (PDA) shown on Schedule `B" of the Municipal Plan. An amendment to the plan is required in order to carry out this proposal. Additional information about the proposal and reasons to justify approval are as follows: • The development is proposed in a compact pattern that efficiently uses municipal services and infrastructure. The density of the development is consistent with the City's desire for responsible suburban development that provides high quality living environments for residents while using land and services wisely. The project is located in an area with convenient access to places of work, shopping, recreation facilities and schools. Perhaps most significantly, the development offers an affordable homeownership option for residents of Saint John and the provision of a form of housing that is desperately needed yet conspicuously absent at present in Saint John. Over time the expanded area will be a catalyst encouraging the upgrading of older housing units in the existing development which will provide a further enhancement to the area and the municipal tax base. • The expected annual tax base that will be produced from the land and the new housing units in the development area proposed to be expanded is $7,000,000 broken down as follows: - New Pads — 80 @ $7,500 each = $600,000 - New mini homes - 80 @ $80,000 each = $6,400,000 Total $7,000,000 The above amounts were derived from consultation with Service New Brunswick assessment division and are based on present day values. Page 6 53 The taxation value will be further enhanced by the impact of the new units will have on the value of older units in the existing park. Replacement of older units in the existing park will also be encouraged having an additional positive tax base benefit. • The development of this type of housing is critically important to successfully implement the Growth Strategy and Plan SJ. The City needs to positively consider developments that expand opportunities in the City for mixed income living and the provision of a wide diversity of housing choice while meeting the City's zoning and planning regulations. • The subject site will be internally serviced by water, sewer, and roadways that will be privately owned and maintained up to their connection point with the municipal services and street system therefore the city will not be required to take on additional infrastructure, streets or road maintenance costs within the development. • According to information obtained from the Municipal Operations department existing municipal pumping stations that would service the development have additional capacity to handle flows from the proposed project. New pumping stations and the wastewater treatment facilities presently under construction leading to the- Hazen Creek Treatment Facility also have built in capacity to accommodate future development. Solid waste is collected by a private contractor at the owner's expense. Tipping fees are also the responsibility of the owner so the City does not have to cover this service or pay the associated fees. • Young families are the target market for the proposed development therefore the following information was derived from the local school district office. The Glen Falls School has good recreational facilities and is in close proximity to the site. Glen Fails School teaches elementary level. It has had a past enrollment of over 200 students when operated at its highest enrollment level and as of 2012 the enrollment is 151 students therefore growth of the student population as a result of young families moving to this area can be accommodated. Other schools that service the Glen Falls area are Forest Hills School, which provides elementary and middle school level classes, and Simonds High School, which provides high school level classes. Both are operating at lower enrollment levels than in previous years. • Churches and commercial facilities are also conveniently located in the Glen Falls neighbourhood. The McAllister Place Regional Center facilities are located a short distance away. • The primary access to the site from McAllister Drive is along Simpson Drive and Glen Road. Simpson Drive has had a number of upgrades and appears to be in good condition. It is a standard width street with sidewalk. Glen Road has had a number of upgrades and appears, for the most part, to be in good condition. It is a standard width street with sidewalk and narrows approximately 100 metres before the first entrance into Glen View Park. Page 7 54 • Properties along Simpson Drive, Glen Road and generally throughout the Glen Falls area are nearly fully developed up to the entrance of the subject property and therefore this area can be efficiently serviced. • Bus service presently exists with a stop at the intersection and Belgian Road. Based on discussions with Saint John Transit the pickup point for Glen Falls Mobile Home Park is at the intersection of Belgian Road and Glen Road. At present there is capacity on this run to handle more passengers. How the student population is transported is negotiated with the Province from year to year. The foregoing is intended to illustrate that this proposal is generally in compliance with the Municipal Plan policies and goals. In summary, with respect to the Municipal Plan, the proposed development should have a minimal impact on demand for public services and facilities. Any impact should be more than offset by tax revenues the development will generate. In some instances the development will actually utilize existing surplus capacity in existing infrastructure. This should result a reduction in the per capita cost to operate allowing the city to benefit from infrastructure investment already made or presently being constructed. An adjustment to the Primary Development Area Boundary and re- designation from Rural Resource to Low Density Residential is respectfully requested. Zoning With respect to zoning the subject site is zoned RS -2 which allows a mobile home park as a conditional use. The applicant's intent is to request approval of a license to expand the existing mobile home park that has been operating for nearly 40 years in conjunction with a request to amend the Municipal Plan. The individual leases will include conditions or covenants to control the type of unit that can be placed on the site, what type of extensions may be considered appropriate, accessory structure allowances and compatibility among other things. In some cases where depth of lots is restricted due to topography, conditions will be imposed whereby the length of the unit will be parallel with the access. Approval to allow the land lease community to be developed as a conditional use in the RS -2 zone as proposed is respectfully requested. Page 8 55 APPENDIX A - DRAWINGS 56 ,PPRO1:•AL—� ••7 /� 7 b1z. .� 0i r • �1 r 1, r�Y • f �. • !J t+ /lad �i , �� + v'� �16J 12 z �r i + + t !a]6 'n I r r I 25 W �i • + .`•• /J al0 ff + ! 123 n i • .' 122 $ fg1 • / 1 2 1 A r mug J 120 tl It'.. aaW Pork 177 m:W vx ?54 e. Abr a.; -z+ 5 153 4'.r - B 152 Ut 5'q5 1 r la 151 I60 Pt 150 148 w 157 lsa Jua 147 8 x 156 146 try 15L 145 . Sernn�:- �Po '� �.Z' T14 :.l�a: tia1•" A y �en-4 -1 p40 ^� `���. 13C\ c 8 • e 130 n a[ W 4 12 ]0.1 " n i 128 12 127 n a0y00 Te9 Naomi � Street nu � d u , } 109 �; 4 1 ar Brea 119 8 3i'aA Jzu - i �r 4 + ,, •, .• -•. :4m -q .$ tt;S a IfJ7 , i + • 118 V 3f.W 31.H + ••/ ¢cLSe m 112 10fi O _ +j�1�11� � J�J f1� 77 Jam. 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P•aM.la adalmewn '.mDWtl from rulou. ..�ncn. + • r ••7 /� 7 b1z. .� 0i r • �1 r 1, r�Y • f �. • !J t+ /lad �i , �� + v'� �16J 12 z �r i + + t !a]6 'n I r r I 25 W �i • + .`•• /J al0 ff + ! 123 n i • .' 122 $ fg1 • / 1 2 1 A r mug J 120 tl It'.. aaW Pork 177 m:W vx ?54 e. Abr a.; -z+ 5 153 4'.r - B 152 Ut 5'q5 1 r la 151 I60 Pt 150 148 w 157 lsa Jua 147 8 x 156 146 try 15L 145 . Sernn�:- �Po '� �.Z' T14 :.l�a: tia1•" A y �en-4 -1 p40 ^� `���. 13C\ c 8 • e 130 n a[ W 4 12 ]0.1 " n i 128 12 127 n a0y00 Te9 Naomi � Street nu � d u , } 109 �; 4 1 ar Brea 119 8 3i'aA Jzu - i �r 4 + ,, •, .• -•. :4m -q .$ tt;S a IfJ7 , i + • 118 V 3f.W 31.H + ••/ ¢cLSe m 112 10fi O _ +j�1�11� � J�J f1� 77 Jam. L1 1L 1 r 6 II 4 Ltd Eldrt'mg Glen Foll• Trailer rk _:7 �� C ~ f P.17 . 0042067 P.LP Ni' Province of New Or. nswi:k 872504 New Brun :wick ` (Oept. of Tr ansplrtation an Ltd. Puperl7 Infrastructure) Property 00.M. J199Ta9e er. ;r •lx -OB -.. o: . ]18'48 yel. SW Pp ,') 6 118 26 / p 178 $ 9 79 Park Areo °le w Street l` Areav 1 $urvLb y 1Ytli +•• f kv j^ ■ do _ UP It 169 i3 bas 174 isa C 2 Ja.05 arse N 173 ]a0a 11. .. .8 172 I.ax 'R X a 0S 766 13 la• ]1>e ■ e 'Ka Plan J Ies : +yaoo R- rattan Doti+ , �D. r: 00] X2504 N.w --k W. - -- MWm,nl : Tron.N / —.21 eep 1011 -p) -la Me, allh:'aa Nm Ne�nl. IN. o+..n N ram d 1Ta n.g. s.,l. za xolx 145 saxsw Mn 9n,ro.r9 Lu. - AM 1. W. lens an N. C. CAa ae::.ie. a.Mea Imm GP.3. ehvwllem .n N... N9ni - - -- (e. na an KIM CCe9 NPN rpi 64 J '°"•� it IQ N Strnw4 z w aelw,ea n In m.k.. , ro coma] N tn.nim ..m. t.la. 4.lan '^ :,al I r !. area .r .n:,ry nlm.a tlw. . P•aM.la adalmewn '.mDWtl from rulou. ..�ncn. J+. P.1.0. 00]0x179 wl ettul,unl uM :Inn ..Iere.;� r.hr In u. MY., WE. Mr Ltd. Property 1 Deoly Forest Ser: icz; x d_ ssslwJ ees. zone -orz: 3. o.N�,emPNroy on - - -. wbn. p.rtwmtl antl n9ntlaha .loon .n INn pa ,. 9e „a on xeo en,IwleL sl...e4rcMe C9uN. P.elr:4n nna IM NamllCawt Feeeed w n6Yed g S.Mn 1Nw dulw.lck Prc.i.:n x.1M: meklwk .wry menwnn�, Pxo..—am 63204 New Brunswick Ltd. Property Lac. ]0]4'11 Nr. x011�•T -IS Clt .: Pureeae Of PI- ee DI. 2 No. 1 wr[eae er 01. New Brunswick Grid C..- 0rdinole woluue watoral P•dfer ' x r� i Jd n i0s 1 + 104 104 1! aano 103 1 - 102 707 a0.o0 ,ca - Site Plan lor4 ! j t len View Pork Land Lease Community ' a j = 1 f City of Saint John, Saint John County, New Brunswick. ..rtl9ea 4 } r uxvsrs s corasuurwrs uv Sur eior was I Na. ]0 0 m eo 1000 m.lue- II 4 e 4 C `' O.p 511x13 Or'k e” -411 lepoa C!ek ----- ■SM. n1�J13 vC /0e -T+p,N Planning Advisory Committee June 19, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Municipal Plan Amendment - 220 Glen Road On May 21, 2013 Common Council referred the above matter to the Planning Advisor), Committee for a report and recommendation. The Committee considered the attached report at its June 18, 2013 meeting. City of Saint John Mr. Richard Turner of Hughes Surveys and Consultants, representing the applicant, appeared before the Committee and was not in agreement with the staff recommendation. Mr. Turner noted that from his perspective the 5 -year limitation on adjustments to the Primary Development Area boundary in the Municipal Plan was restrictive and noted that the proposed expansion would provide affordable housing which would aid in retaining population in the region. Mr. Turner also noted that certain services in the area such as schools and transit are operating with excess capacity and that the Primary Development Area boundary has dissected his client's lands. Mr. Turner responded to questions from the Committee on affordability of the development compared to existing housing stock, proximity of the proposed development to the adjacent wetland and whether the proposed development could be constructed in another location. Mr. Turner noted that market research reveals that many purchasers in this target market are looking for new housing units and not resale units and that any development would be outside of the 30 metre wetland setback. It was also noted that the approval process for this type of development is often difficult due to local public opposition which is a factor in site selection. Norma Mollins of 204 Glen Road and John Coffey of 309 Glen Road appeared before the Committee and expressed concerns regarding drainage and increased stormwater runoff, increased traffic on Glen Road and the impacts that any blasting on the site may have on adjacent houses and properties. Kemal Debly and Majid Debly also appeared before the Committee in support of the application noting the improvements that have been made to the existing development including new culverts and ditching and highlighting drawbacks to alternate locations for the development. They also noted independent consultants have been hired to assess matters raised by the area residents such as stormwater W -2- management and pre -blast surveys and that only new manufactured housing units would be placed in the new section and in the existing section as the leases change on existing sites. Steve Perry of Brunswick Engineering addressed concerns from the Committee and residents regarding stormwater management and blasting. Staff responded to questions from the Committee related to affordable housing, stormwater management and the preliminary fiscal impacts of the development. Five letters (copies attached) were received expressing concern with the proposed rezoning, including an initial written objection to the Municipal Plan amendment that was received by Common Council at the Public Presentation on May 21, 2013. After considering the report, letters and presentations, the Committee adopted a motion recommending that Common Council deny the Municipal Plan amendment. The Planning Advisory Committee tabled the Conditional Use component of the application, pending Council's decision concerning the proposed Municipal Plan amendment. RECOMMENDATION: That Common Council deny the Municipal Plan amendment. Respectfully 140 an Chair MR Project No. 13 -059 The City of Saint John DATE: JUNE 14, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF JUNE 18, 2013 PREPARED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Name of 0,Amer: Location: PID: Minn. line Hamilton MCIP, RPP cipal Planning Director Hughes Surveys & Consultants Inc. on behalf of 632504 New Brunswick Limited 632504 New Brunswick Limited 220 Glen Road 00300855 (portion) & 00420836 (portion) Municipal Plan: Existing. Rural Resource (outside of the Primary Development Area) Proposed: Stable Residential (within the Primary Development Area) Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To expand the existing mobile home park (manufactured housing development) Type of Application: Municipal Plan Amendment and Conditional Use SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L AQ I vwwvsaintJohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L7 Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 2 220 Glen Road June 14, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, July 2, 2013. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon establishment and operation of mobile home parks within the "RS -2" One and Two Family Suburban Residential zone subject to the Mobile Home Parks By -law. STAFF RECOMMENDATION TO COMMITTEE: That the application be denied. INPUT FROM OTHER SOURCES: Anglophone South School District has been advised of the application. Bell Aliant has been advised of the application. Canada Post has been advised of the application. Geographic Information Systems (GIS) advises the street names "Rex Hurley ", "Seraphina ", "Teed" "Percy" and "Kemal" are acceptable. Infrastructure Development Service has the following comments regarding the proposed Municipal Plan amendment and conditional use to permit the expansion of the existing land lease community located at 220 Glen Road: Detailed engineering drawings and design brief from a qualified professional engineering consultant must be submitted to the City for review and approval. Water capacity and fire flow requirements must be verified by the developer's engineering consultant and included with the detailed drawling submission. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from this proposed development at full build -out and confirmation that there is enough capacity to support this proposed development. This information is to be provided to the City for review and approval. Any upgrading of the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. Should the developer's engineering consultant determine that a water booster pump is required to service this expansion, the water booster pump will be private and as such, will be the owner's responsibility to install and maintain. A City approved premise meter and appropriate backflow prevention is to be installed by the developer at Glen Road where the private watermain that services the existing mobile home park and proposed expansion connects to the municipal watermain. 61 Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 3 220 Glen Road June 14, 2013 • As noted in application, the water, sanitary and storm sewer systems within the mobile home park extension will be private and are the responsibility of the developer to install and maintain. • The developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows from this proposed development at full build -out. Confirmation of this and confirmation that this proposal does not exceed the current capacity of the existing systems (sanitary sewers and Simpson Drive lift station) must be submitted to the City for review and approval. Any upgrades to the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. • Operations has noted that the existing mobile home park has a large amount of inflow and infiltration. The developer's engineering consultant must identify what corrective actions will be taken to reduce this inflow and infiltration which will result in a decrease in sanitary sewer flow. • The developer's engineering consultant must provide a detailed site storm water drainage plan and design report indicating how storm water collection and disposal will be handled for the full build -out. If any infrastructure improvements are required to service this expansion, it will be the developer's responsibility and cost to complete. • As noted in the application, the roadways within the mobile home park extension will be private and will not receive service from the City. • On the submitted site plan, the proposed Rex Hurley Boulevard does not align With the existing private roadway connection from Purdy Drive. The proposed street intersection should be properly aligned. • The developer is responsible for all solid waste collection services within the mobile home park. • The submitted site plan indicates that this development is adjacent to a regulated wetland. Given the proximity of this development to the wetland, it would be subject to review /comments of New Brunswick Department of Environment. • A more comprehensive review of the site will be undertaken by the City once the detailed submission is provided by the developer's engineering consultant. • The developer is responsible for obtaining all applicable permits. Inspection & Permitting Services understands that the proposal comprises an expansion of the existing Park and is NOT a residential Mini Home subdivision as seen in other Municipalities and provides the following comments: 1. The Building Code requires that an access route longer than 90 metres (the street appears to be about 400 metres long) have a turnaround facility for Fire Apparatus. The staged construction will have to take that requirement into consideration. 2. We have concerns about having the existing park upgraded to meet the minimum requirement as per section 8(3) of the Mobile Home Parks By -Law. 3. Any agreement or conditions applied to the permission to expand should address the ability to have accessory buildings, the requirement for permanent lot markers, the requirement that a site be suitable to anchor a home, and the matter of how the homes are to be spaced. 4. Double wide units, additions, porches, or decks should be limited in size or not allowed at all. 5. Obviously landscaping standards will have to be imposed. 6. A recreation area and street lighting should be addressed as well. 62 Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 4 220 Glen Road June 14, 2013 Maritimes & Northeast Pipeline and Brunswick Pipeline advise this area is clear of their facilities. N.B. Department of Environment has been advised of the application. Rogers has been advised of the application. Saint John Energy has been advised of the application. Saint John Fire Department has reviewed the proposal as it relates to the above - mentioned application. There is no objection regarding the application to amend the Municipal Plan, however the Fire Department makes note that the street network would have to adhere to the following National Building Code 2010 Standard 3.2.5.6. Access Route Design which provides that the road: a) Have a clear width not less than 6 m; unless it can be shown that lesser widths are satisfactory. b) Have a centerline radius not less than 5 m. C) Have an overhead clearance not less than 5 m. d) Have a change in gradient not more than 1 in 12.5 over a minimum distance of 15m. e) Be designed to support the expected loads imposed by firefighting equipment and be surfaced with concrete, asphalt, or other material designed to permit accessibility under all climate conditions. f) Have turnaround facilities for any dead -end portion of the access route more than 90m long, g) Be connected with a public thoroughfare. The Saint John Fire Department reserves the right to accept any turn - around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn around areas (Cul -De -Sac). In addition to the above; the following condition shall apply with respect to the extension of water for fire suppression. • The hydrant network is installed according to the standard as adopted by the City of Saint John and all hydrants public and private be maintained per code. • The Fire Department assesses the final subdivision plan with respect to appropriateness of hydrant placements. Saint John Police Force has no issues with the request. Saint John Transit has been advised of the application. Transportation & Environment Services has been advised of the application. Parks & Public Spaces service notes the proposed development is within 500m of a neighbourhood playground and as such there is no requirement for additional publically- supported infrastructure in the area. Staff have reviewed the application and have no objection. W Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 5 220 Glen Road June 14, 2013 ANALYSIS: Subject Site and Proposed Development The subject site is located in the Glen Falls Area in the northeastern portion of the City. The proposal involves two properties (PIDs 00300855 and 00420836) totalling approximately 22.2 hectares and would see the expansion of the existing Glen Falls Mobile Home Park from approximately 100 sites to approximately 180 sites. Private streets, recreation areas and infrastructure (water and sanitary sewer) will serve the development. The subject lands include a Provincially Regulated Wetland in the western portion of the property along Glen Road, which also corresponds with the area established in the City's Flood Risk Area By -law. Plans provided with the application do not show any development in these areas. Surrounding Area South of the site, the area is zoned "RS -2" One and Two Family Suburban Residential and "R -2" One and Two Family Residential and is largely developed with single family homes. A second, smaller, area of residential development is located on the opposite side of Glen Road to the northwest of the site. The majority of the lands to the north, east and west of the site are undeveloped. Municipal Plan Direction The proposed expansion area is currently designated as Rural Resource Area and is located outside of the Primary Development Area (PDA) on Schedule A — City Structure and Schedule B — Future Land Use of the Municipal Development Plan. To permit the development to proceed, the proposed expansion area would be required to be redesignated to Stable Area (within the Primary Development Area) on Schedule A — City Structure and to Stable Residential (within the Primary Development Area) on Schedule B — Future Land Use. The Primary Development Area (PDA) was established in the Municipal Plan and effectively represents the City's growth and servicing boundary over the planning period of the Municipal Plan. Lands within the PDA represent the area that corresponds to the portion of the City that is served by municipal water and sewer services and also are the priority areas for accommodating future growth over the planning period, to capitalize on investments made in existing infrastructure. In accordance with Policy LU -8, a change to the PDA is required before permitting the development as it will be connected to City services through an extension of an existing development that has private water and sanitary sewer services. Policy LU -9 provides guidance regarding the timing at which Municipal Plan Amendments to change the PDA can be entertained: Policy LU -9 Consider amending the boundaries of the Primary Development Area boundary when: a. A comprehensive review of the Municipal Plan has taken place, as outlined in the Implementation Chapter of the Municipal Plan. b. Notwithstanding (a) above, an amendment to the Future Land Use map (Schedule B) may be considered outside of the comprehensive review period as a result of an application to accommodate an unanticipated large -scale industrial development. In such cases, the PDA should not be expanded unless the industrial development is consistent with Policy LU -75 of the Nicipal Plan. Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 6 220 Glen Road June 14, 2013 The intent of the Municipal Plan is to consider amending the PDA to accommodate additional residential growth during a comprehensive review of the Municipal Plan which will be conducted every five years. Policy LU -4 provides criteria to assess the change in designation of lands on the Future Land Use Map of the Municipal Plan including: • Consistency with the general intent of the Municipal Plan; • Advancement of the City Structure; • Necessity based on a lack of supply of quality land already designated in the Municipal Plan to accommodate the development; and • Efficient use of available infrastructure. The proposed expansion area is designated as Rural Resource on the City Structure map with the existing mobile home park designated as a Stable Area on the City Structure Map, Rural Resource Areas are intended to largely remain in their undeveloped state over the implementation period of the plan or used, where appropriate, for resource based uses. Stable Areas are lands that are not expected to experience major development over the planning period but will instead evolve incrementally over the planning period with appropriate infill development that supports the development of complete communities. The Intensification Areas established in the plan are envisioned to receive the majority of residential development occurring in the City over the life of the plan. Staff are of the opinion that the development is not in accordance with the City Structure established in the Municipal Plan as the proposal represents a major development, representing almost a doubling in size (80 unit increase) of the existing land lease community and necessitating a change to the servicing boundary to accommodate the development. Policy LU -88 requires that within Stable Residential areas, significant new development or redevelopment only be permitted generally through a rezoning process which demonstrates the following criteria are met. While this application does not specifically involve a rezoning, these criteria are still useful in evaluating the proposed amendments to the Municipal Plan: a. The proposed land use is desirable and contributes positively to the neighbourhood; b. The proposal is compatible with surrounding land uses; c. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; d. Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; e. A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; and f. The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. While it can be argued that the affordability of the housing provided in the development is desirable, that the proposal is in accordance with Policy HS -24 of the Plan which seeks to permit manufactured housing in all areas of the City, in accordance with Zoning Bylaw provisions and the National Building Code, and that the proposal is compatible with surrofding land uses as it is an extension of an existing Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 7 220 Glen Road June 14, 2013 land use, the servicing of the development presents a significant concern for the application. Private services are proposed for the development and the City's Infrastructure Development Service Area notes that water capacity and fire flow requirements will have to be verified at the detailed design stage and any upgrades required to the City's water system will be at the developer's expense. If the Developer's assessment determines water pressure is not sufficient to support the development, the developer will be responsible for constructing a private water booster pump to serve the development and will be responsible for any ongoing maintenance of this infrastructure. In addition, to protect the existing municipal water distribution network in the area, a City approved premise meter and appropriate backflow prevention device is required to be installed by the developer, should the development proceed. Staff also note that the existing mobile home park has a large amount of inflow and infiltration (groundwater and surface water from inappropriate connections such as roof drains and yard drains) which enters into the private sewer collection system. This additional flow in the City's sanitary sewer system results in a direct expense to the City as this flow must be pumped at the various lift stations serving the area and treated at the City's wastewater treatment facility. This removes capacity from the City's wastewater collection and treatment systems that could be utilized by other potential developments. In addition, should the infrastructure in the development fail, a risk is posed to the City in that the services may have to be taken over by the municipal utility. The streets in the development are proposed to be private streets and would be built and maintained in accordance with standards established in the Mobile Home Parks By -law. Currently, the majority of roadways in the existing development do not meet the standards of the By -law in that they are not paved. Like underground infrastructure these also pose a potential Iong -term servicing risk to the City. City Staff have received numerous requests for City services such as roadway maintenance and solid waste collection from residents along private streets and residents of private developments. This issue is complicated by the fact that many residents of private streets and developments pay a property tax to cover the cost of municipal services and private fees such as condominium fees and lot rental fees to corer the cost of the provision of private services such as solid waste collection and private street maintenance. Given these concerns, appropriate conditions would be required to permit the development to proceed to ensure that policy LU -88 of the Municipal Plan is met with respect to the adequate provision of water and wastewater services to the development and paving of the existing streets in the development. Also of concern regarding the criteria in Policy LU -88 is the potential for the development to counter the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. Staff note this application contains a sizeable number of units (80 units) in the Saint John context that is proposed to be constructed on the edge of the City's serviced area taking away from the opportunity to fully develop residential intensification areas established in the Municipal Plan. The intent of the Plan is to direct 95% of residential growth to the Primary Development Area. The Growth Strategy prepared during completion of the Municipal Plan established a "residential development budget" of 5000 new housing units over the course of the Plan with 1530 of these units being established in urban settings and 1360 units being constructed in suburban areas of the City. The 80 proposed developments represent just under 3% (2.8 %) of the anticipated unit count for key urban and suburban opportunity areas. With respect to the development of new single family homes in the City, Staff note that in 2012 the City issued 50 building permits for new construction and 79 permits in 2011 and also note that Canada Mortgage and Housing Corporation is forecasting approximately 200 single family housing starts within the Saint John CMA in both 2013 and 2014. M. Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 8 220 Glen Road June 14, 2013 Policies 1 -8 and 1 -9 of the Municipal Plan deal with the fiscal impacts of new developments, particularly those that pose a major challenge to the directions or goals of the City's Municipal Plan such as an amendment to the Primary Development Area boundary. Policy 1 -8 gives Council the discression to require a comprehensive fiscal impact analysis to assess the fiscal impacts of major development. Staff are not mandating this for the application due to the private nature of the infrastructure, however Staff have conducted an in -house review using the city's fiscal impact model which indicates that the proposed development will have a marginally net positive fiscal impact to the City of approximately $ 16,600 annually at full build out. The fiscal impact model prepared for the City focused on the evaluation of developments served by public streets and infrastructure with respect to the annual revenue and expenditure streams that would result from the construction of the development. As such it does not adequately cover the potential for long -term financial risk in a situation where the City may have to take over responsibility for and maintain underground or roadway infrastructure that was designed and built as private infrastructure. A request for the City to take over responsibility for the maintenance and operation of such infrastructure could occur as a result of a refusal of the private operator to provide the service or their financial default. In conclusion, an expansion of the PDA is contrary to the fundamental direction established in the Municipal Plan in that expansions to this boundary are only anticipated to be considered during a comprehensive (5 -year) review of the Plan. The private nature of the infrastructure in the development also poses a potential long -term risk to the City. While the development involves private infrastructure (roads and servicing) and on the surface the fiscal, implications appear positive to the City, the expansion of the PDA represents the City's commitment to provide infrastructure and services over the long -term. Therefore the City would potentially assume risks of providing this infrastructure in the future should these private systems fail. Although the development will advance goals of housing affordability and mix, the Plan indicates that in an environment of stable housing growth, development on the edge will undermine the direction established in the Plan of infilling and promoting development in the designated Intensification Areas. The 80 units in the proposed expansion represent just under 3% of the forecast number of residential units envisioned for Urban and Suburban Opportunity Areas in the Growth Strategy. Zoning and Site Design, Zoning and Mobile Home Parks By -Law Considerations A mobile home park is a conditional use, subject to the Mobile Home Parks By -law in the "RS -2" One and Two Family Suburban Residential zone. As such, it is subject to such additional terms and conditions as may be deemed necessary by the Planning Advisory Committee to protect properties within the zone or in abutting zones, or the health, safety and welfare of the general public. Staff have discussed the proposal with the applicant and the applicant has indicated paving of existing roadways will be completed in conjunction with the proposed expansion along with the construction of the playground facilities (tot lot) that is required for the existing development. The developer is proposing standards for the expanded section of the park that will cover the design and appearance of items such as porches and locations of accessory buildings. The developer's consultant has also indicated that only new manufactured housing units will be permitted in the expansion area and for replacement of units that currently exist in the existing section of the park. The applicant has also provided a revised site plan that addresses some of the concerns raised by Staff in their review of the initial concept. 67 Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 9 220 Glen Road June 14, 20I3 In addition to the conditional use application, the development is subject to the standards outlined in the Mobile Home Parks By -law and would be subject to the issuance of an Expansion Permit under the By- law. From a review of the plans submitted with the application staff have identified the following concerns regarding the proposal: • The timeline and construction standards for upgrading the roadways in the existing portion of the development in accordance with the Mobile Home Parks By -law. • Standards for the new and existing lots in terms of the design and maintenance of the sites covering items such as driveway locations, locations of accessory buildings such as sheds and additions constructed onto the manufactured housing units such as decks and porches. • Marking of the limits (4 corners) of each of the pad sites in the development. • Construction of a buffer along Glen Road. • Adequacy of the proposed park area and proposed tot lot location. The tot lot was a requirement of the existing development (constructed by a developer other than the current land owner). • The submitted site plan shows a jog in the alignment of Rex Hurley Boulevard from its connection onto Purdy Drive. This alignment must be corrected. • Rex Hurley Boulevard essentially functions as a long cul -de -sac with no provision for the possibility of emergency access in the Abigale Street area. • Detailed engineering drawings and design brief from a qualified professional engineering consultant must be submitted to the City for review and approval. • Water capacity and fire flow requirements must be verified by the developer's engineering consultant and included with the detailed drawing submission. Upgrades to the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. Should the developer's engineering consultant determine that a water booster pump is required to service this expansion, the water booster pump will be private and as such, will be the owner's responsibility to install and maintain. • A City approved premise meter and appropriate backflow prevention is to be installed by the developer at Glen Road where the private watermain that services the existing mobile home park and proposed expansion connects to the municipal watermain. • The developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows from this proposed development at full build -out. Confirmation of this and confirmation that this proposal does not exceed the current capacity of the existing systems (sanitary sewers and Simpson Drive lift station) must be submitted to the City for review and approval. Any upgrades to the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. The developer's engineering consultant must also identify what corrective actions will be taken to reduce this inflow and infiltration which will result in a decrease in sanitary sewer flow. • The developer's engineering consultant must provide a detailed site storm water drainage plan and design report indicating how storm water collection and disposal will be handled for the full build -out. If any infrastructure improvements are required to service this expansion, it will be the developer's responsibility and cost to complete. • As noted in application, the water, sanitary and storm sewer systems within the mobile home park extension will be private and are the responsibility of the developer to install Hughes Surveys & Consultants Ltd. on behalf of 632504 New- Brunswick Limited Page 10 220 Glen Road June 14, 2013 and maintain. Roadways within the mobile home park extension will be private and will not receive service from the City. The developer is responsible for all solid waste collection services within the mobile home park. The developer is responsible for obtaining all applicable permits. If the proposed development were in conformity with the Municipal Plan, the above issues would form the basis of a Staff Recommendation to the Committee regarding terms and conditions to be imposed on the development. CONCLUSION: The application is premature as this request to amend the Primary Development Area is contrary to the direction established in Plan SJ, which is only to be considered during a comprehensive 5 -year review of the Plan. The private nature of the infrastructure in the development also poses a potential long -term risk to the City in that the expansion of the PDA represents the City's commitment to provide infrastructure and services over the long -term exposing the City to the potential financial risk of providing this infrastructure in the future should these private systems fail. The application contains a sizeable development in the Saint John context that is proposed to be constructed on the edge of the City's sen-iced area taking away from the opportunity to fully develop residential intensification areas established in the Municipal Plan. Denial of the application is recommended. MR Project No. 13 -059 We PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT wticvvuc OA14OP �� ti�0 •�,�� . J -,,39 ' f zi O �'+,� 307 • .,r � "�s -�r o �� w5f•�2il. 31!720:.. 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V-Z/ 0 kam ftftft go DU'4dojas ;I CC W., 'A 38 'rl',"d Sr erg i2 -T W sm I .:.:c Wv trod .4 —.. + + (A 0 (if n_ + + + + + + + 0 LU UWA6 ag; E 12 oil 0' C > .." V-Z/ 0 kam ftftft go DU'4dojas ;I CC W., 'A 38 'rl',"d Sr erg i2 -T W sm I .:.:c Wv trod .4 —.. + + (A 0 (if n_ + + + + + + + 0 LU UWA6 Reade. Mark From: External - Planning Sent: June -18 -13 3:10 PM To: Lockhart, Lynda; Reade, Mark Subject: FW: Comments For PAC Meeting - June 18, 2013 Item 6 - Conditional Use and Municipal Plan Amendment - Attention Mark Reade Attachments: Saint John Planning Advisory Committee - June 18, 2013- 2.docx From: David Nadolski [mailto:groupn @rogers.com] Sent: June -18 -13 2:50 PM To: External - Planning Cc: Kathy Urquhart Subject: Comments For PAC Meeting - June 18, 2013 Item 6 - Conditional Use and Municipal Plan Amendment - Attention Mark Reade Dear Mr. Reade: Attached are my comments for the PAC for tonight's meeting. Thank you for your attention to this matter. Regards, David David Nadolski 271 Glen Road Saint John, NB Mobile: 506 - 721 -2001 175 Saint John Planning Advisory Committee June 18, 2013 Item 6 Hughes Surveys & Consultants Ltd. On behalf of 632504 NB Ltd. 220 Glen Road. Dear Members of the Planning Advisory Committee: Thank you for giving me this opportunity to address this application before the PAC. There are two issues with respect to this proposal that I would like to address. First, will the application benefit or be a burden to the city and second, will it benefit or be a burden to the surrounding neighbour and community? With respect to the net benefit/burden question regarding the city, I believe that the city's planning staff have done an exemplary job at explaining the scope of the application, identifying the issues associated with the application, and outlining and listing the elements of this project that run contrary to the Municipal Development Plan along with identifying the potential costs to the city, The list of this application's features that run contrary to Plan SJ and the Municipal Development Plan are clearly identified and numerous. The potential costs to the city are outlined as well, and I'm sure many taxpayers in Saint John would agree it is not the time to approve private projects that may ultimately be the financial responsibility of city. Plan SJ was created and adopted to direct development to areas of the city that are best suited for development, not least suited, which this project is. Regarding the net benefit/burden to the neighbourhood and community I would like to raise the issue of run off and storm water. The top of the subject property has already been deforested and some primary roads have been established. My first question, before I continue, is were any permits needed to do this, and if so were they obtained by the applicant prior to the work commencing last year? While the ditches within the existing development were improved, the majority, if not all of those ditches, end up with the run off going into the creek via one route or another, which already swells and goes over it's banks and onto the roads of Glen Falls. I am not aware of the mapping of the municipal storm water system hook up from the established development, if any, but if one lives here, it is not uncommon for storm water sewers manhole covers to be overflowing with water as they start to flood the streets during a good storm. My observation on this issue is that with the subject area already deforested, this action either limits or eliminates the potential for the area to at least partially retain water through the removed natural vegetation. I don't see how removing natural water retention capabilities and further charging the creek and /or the 76 municipal storm water system with additional loading will not add to the existing storm water problem in the area. The planning report to the PAC regarding this application is comprehensive and complete; not only in addressing the application, but also more importantly in explaining the direct relationship to Plan SJ and the Municipal Development Plan and why the final position regarding this application was taken. Therefore I agree with the conclusion of the Planning Department report in denying the application, David Nadoiski 271 Glen Road 77 Lill;, Lockhart, L nda From: norma mollins <norma.mollins47 @gmail.com> Sent: June -03 -13 12:49 PM To: External - Planning Subject: Glen Park Mr. Reade, Our home is located next to the Glen Park, we have been here for 46 years. We have no problem with our neighbors, however we do have a big problem with adding another 100 new homes in this park! The Glen Road is in deplorable condition at best of time, its the only access road to the Park as well as a dead end. We get a patch job done once a year that last about a month! We are always flooded.The 100 or more extra cars traveling this road during the flooding certainly will cause the already stressed family's more problems! I urge you to consider the safety of our children we can not have that much more traffic on the only road we have! I would like to add that it's becoming very hard to take pride in our home as we know if we want to move no one will buy in the biggest flood zone of our city and will be the most noisy if we get another 100 homes on this Road! Please consider all the people living here now who would like to have a peaceful life with what they have! Thank you. Norma Mollins 204 Glen Rd. Saint John,N.B 696 -4212 Lockhart, Lynda From: Brian Ossinger <bossinger @gmail.com> Sent: June -06 -13 3:42 PM To: External - Planning Subject: 220 Glen Road amendment to the Planning Advisory Committee, In regards to amending the municipal plan designation for 220 Glen Road, I would like to voice some concerns I have. #1 would be the runoff & flooding concerns we have always had here. The city is currently unable to maintain & service what is currently here so adding 100 more sites for housing is just insane. #2 is the roads we have here cannot handle the amount of traffic that will increase by possible 200 cars [2 /working house] and visitors. I personally have had very close calls with the current traffic from the mobile home park so if you add 200 more cars, accidents will happen. Other road exits will need to be installed, the bridge will need to be widened & some bad corners straightened. I am against this amendment until the area has been sufficiently prepared to handle the additional burden that will be placed on it. Brian Ossinger NBCA & SJCC President/Treasurer W► Lockhart, Lynda From: John Coffey <jlcoffey @nbnet.nb.ca> Sent: June -03 -13 7:11 PM To: External - Planning Subject: Municipal Plan Amendment 220 Glen Road Mr, Mark Reade, P. Eng., MCIP, RPP June 3, 2013 Senior Planner, City of Saint John, NB Dear Sir: Concerning the Municipal Plan Amendment and Conditional Use Application — 220 Glen Road Portion of PIDs 00420836 and 00300855 We reside at 309 Glen Road which is directly across from the proposed development and have some concerns which we want addressed. 1. As the land is right now, it is obvious that 100 sites cannot be placed there. a. How has the applicant proposed to level the hill that has been cleared of forest? b. Will the solid rock be moved by blasting and how many meters will be removed? c. Does this, then, make the parcel of land "a quarry" until the necessary rock has been removed? d. If the rock is removed from this site, what route will be used by trucks to haul it? (The only route goes through a residential area with a school and our roads are not structured to carry heavy trucks. e. How long will this take and is there a final date for rock removal in the application? f. What if the blasting causes damage to our house foundation and underground cement septic tank. Is there any guarantee that we would be compensated? 2. It is well known that Glen Falls is in the flood zone. We are concerned with the removal of the trees on the site. Trees protect against erosion and flooding by absorbing a great deal of water. Where will this extra water now go? Obviously to the lower area where the only road out of the Glen Falls Trailer Park and our area exists. Glen Road does flood between the trailer park and our home as well as at the end of Belgian Road. a. How will we and these extra residents get out? b. Has any thought been given to planting trees along the existing Marsh Creek (there is an open field between the trailer park and our home) to help with water control? c. Past the dead -end of Glen Road is a dam and orifice that was built to hold excess water 1 until the flood threat is over. Why is this not used to control the amount of water that escapes from the dam? I believe, a control valve on the orifice could be installed that would be operated by remote control. In the forty years we have lived here, the holding dam has never had more than ten feet of water in it and we have checked regularly after heavy rains. The banks are at least thirty feet high and built of huge rocks and fill. The dam is now covered with grass and shrubs so would hold back a lot more water. 3. Does this proposal state that the individual sites, park area and buffer zone must be grassed, properly drained and /or trees planted to assist with water control? I presume all the runoff from the sites and streets will be directed to Marsh Creek. We do not wish to be totally negative about this proposal, but are very concerned about the above questions. Thank you for your attention to this matter. Yours truly, John J. Coffey & Lois M. Coffey 309 Glen Road, Saint John, N. B. E21-1 2E8 Email address: jlcoffeyoanbnet,nb.ca 81 Tibbits, Kell Subject: FK Glen Falls Mobile Home Park Expansion Plan From: Lynn Fullerton [mailto:lynn .fullertonlC@hotmaii.com] Sent: May -09 -13 3:10 PM To: Taylor, Jonathan Subject: Glen Falls Mobile Home Park Expansion Plan To Whom It May Concern I wish to express my objections to the proposed municipal plan admendment at 220 Glen Road if construction vehicles plan to utilize Simpson Drive to access the work site. Simpson Drive is a designated "no truck" route. When heavy trucks utilize this street it causes my house to shake and I fear foundation damage. I also object to this admendment if the proposed extension to Glen View Drive is not completed at the beginning of the construction. As a residential street, Simpson Drive currently has extensive vehicle traffic and, in my opinion, is unable to comfortably support additional traffic. Your consideration of this matter will be appreciated. Lynn Fullerton 76 Simpson Drive 634 -1936 9 2 311 -U'' / l O-Ae4 P4 we-,n- �a cf,�C ► .�z -gad .cam. jnn Ixad in Z(r /rn t U. Ge ` juhi�� ,o . c- 1%a� -cQ �- �- ���''' la'`-c�i�✓ � �`.�''" gym'`, .��e.�y .,�',�.Q.e�p`� -cam'` �'t .,c.�.�r.� �"� rn P4 -tkl 83 �y� I «- r��r Ar Tibbits, Kell From: Taylor, Jonathan Sent: Friday, June 21, 2013 2:47 PM To: Tibbits, Kelly Subject: FW: Comments For PAC Meeting - June 18, 2013 Item 6 - Conditional Use and Municipal Plan Amendment - Attention Mark Reade Attachments: Saint John Planning Advisory Committee - June 18, 2013- 2.docx Kelly, Would you please add this to the July 2nd Council meeting? Thanks, Jon From: External - Planning Sent: June -19 -13 9:21 AM To: Lockhart, Lynda; Reade, Mark Subject: FW: Comments For PAC Meeting - June 18, 2013 Item 6 - Conditional Use and Municipal Plan Amendment - Attention Mark Reade From: Kathy Urquhart(davivacanada.com [mailto:Kathy Urquhart(@avivacanada.com] Sent: June -18 -13 3:37 PM To: External - Planning Subject: Fw: Comments For PAC Meeting - June 18, 2013 Item 6 - Conditional Use and Municipal Plan Amendment - Attention Mark Reade Dear Mr. Reade I would like to echo Mr. Nadolski's well written comments on the above. The issue with myself and my husband is the fact they deforested the area in a way which was shameful, watching all the beautiful trees be sucked up in a machine and destroyed in huge swallows was heartbreaking. It was gone before anyone had a chance to do anything about it. Not only has the natural beauty been destroyed, more importantly there is nothing to hold back the water anymore. If they did not have permission to do what they have already started, and we can only assume they did not, since the work ceased very quickly, will they be required to reforest what they have already destroyed ? We also agree with the conclusion of the Planning Department report in denying the application Thank you for your time, Kathy C. and John L. Urquhart 261 Glen Road Saint John, N. B., E2H 2E8 Home: 696 -8293 Cell: 651 -1466 A r, Kathy Urquhart Commercial Lines Underwritng Specialist Multi -Line New Business Direct: 658 -0270 Toll Free: 1- 800 - 561 -8899 Ext. 60270 Fax: 1- 800 - 665 -4099 kathv urauhartMavivacanada.com 85 Charlotte Street, Suite No. 201, Saint John, New Brunswick E2L 2J2 I www.avivacanada.com Home of Avlva Community Fund - helping Canadians make positive change In their communities This mecsrs= May centai.7 cor„5der1i'V ir:or; aaSan and is interdcd only fur thr nd.med reril ie, t. Ple•.:sa do nc` tutu: aid this rrass i je to any other p�:rry cr Jisirbrte i" in any ma: nnt.r r;lthc.rt p, ;,)r �er ova! of the aer. a'er If you h�rve rece: ✓ad this rnessef:e in error, to-phone or em.7 tf o sand-w irrm .c"std.;,. For environmental concerns, please print this email only if necessary. - - - -- Forwarded by Kathy UrquharUSJNB /CAICGUGROUP on 06/18/2013 03:09 PM - -- David Nadolski <proupnOroners.com> To <PIannina0saintiohn.ca> cc Kathy Urquhart <kathv urauhart@avivacanada.com> 06!1812013 02:50 PM Subject Comments For PAC Meeting - June 18, 2013 Item 6 - Conditional Use and Municipal Plan Amendment - Attention Mark Reade Dear Mr. Reade: Attached are my comments for the PAC for tonight's meeting. Thank you for your attention to this matter. Regards, David David Nadolski 271 Glen Road Saint John, NB Mobile: 506- 721 -2001 Saint John Planning Advisory Committee June 18, 2013 Item 6 Hughes Surveys & Consultants Ltd. On behalf of 632504 NB Ltd. 220 Glen Road. Dear Members of the Planning Advisory Committee: Thank you for giving me this opportunity to address this application before the PAC. There are two issues with respect to this proposal that I would like to address. First, will the application benefit or be a burden to the city and second, will it benefit or be a burden to the surrounding neighbour and community? With respect to the net benefit/burden question regarding the city, I believe that the city's planning staff have done an exemplary job at explaining the scope of the application, identifying the issues associated with the application, and outlining and listing the elements of this project that run contrary to the Municipal Development Plan along with identifying the potential costs to the city. The list of this application's features that run contrary to Plan SJ and the Municipal Development Plan are clearly identified and numerous. The potential costs to the city are outlined as well, and I'm sure many taxpayers in Saint John would agree it is not the time to approve private projects that may ultimately be the financial responsibility of city. Plan SJ was created and adopted to direct development to areas of the city that are best suited for development, not least suited, which this project is. Regarding the net benefit/burden to the neighbourhood and community I would like to raise the issue of run off and storm water. The top of the subject property has already been deforested and some primary roads have been established. My first question, before I continue, is were any permits needed to do this, and if so were they obtained by the applicant prior to the work commencing last year? While the ditches within the existing development were improved, the majority, if not all of those ditches, end up with the run off going into the creek via one route or another, which already swells and goes over it's banks and onto the roads of Glen Falls. I am not aware of the mapping of the municipal storm water system hook up from the established development, if any, but if one lives here, it is not uncommon for storm water sewers manhole covers to be overflowing with water as they start to flood the streets during a good storm. My observation on this issue is that with the subject area already deforested, this action either limits or eliminates the potential for the area to at least partially retain water through the removed natural vegetation. I don't see how removing natural water retention capabilities and further charging the creek and /or the 04 municipal storm water system with additional loading will not add to the existing storm water problem in the area. The planning report to the PAC regarding this application is comprehensive and complete; not only in addressing the application, but also more importantly in explaining the direct relationship to Plan SJ and the Municipal Development Plan and why the final position regarding this application was taken, Therefore I agree with the conclusion of the Planning Department report in denying the application. David Nadolski 271 Glen Road .0 TYPICAL SECTION N. mpg do mm E i I am. - ON rl MEN MEN '—EXISTING GRAD i. --PROPOSED STORMWATER 1 i i 41 STORAGE 1 ' I 1 1 5 I I DETENTION BERM ONE 1 CLIENT: PROJECT: GLEN FALLS TRAILER PARK SAINT JOHN, NB / DRAWING: CROSS SECTIONS BRUNSWICK Engineering & Consulting Inc. 40 Ashburn Lake Road, PO Box 1045, Saint John, NB E2L 4E3 tel: 506.696.9155 fax: 506,696.9156 DRAWN BY: DATE: KMJ JULY 2, 2013 SCALE: HORZ. 1:1000 PROJECT No.: SCALE: 1:1000 METRIC VERT 1:100 2005.22 201612 8 4 0 20 40 60 SKETCH: 92 FEVISION: 0 CSK -01 i. �i BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 780 square metres, located at 221 Loch Lomond Road, also identified as being PID No. 00319129, from "R -2" One and Two Family Residential to "B -1" Local Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: Mayor /Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete sur le zonage de The City of Saint John, decrdtd le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de l'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 780 metres carres, situde au 221, chemin Loch Lomond, et portant le NID 00319129, de zone residentielle — habitations unifamiliales et bifamiliales R -2 » a zone commerciale locale o B -1 » - toutes les modifications sont 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 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 10.50 in. Sales Rep: Doug Thomson PROPOSED ZONING BY -LAW AMENDMENT RE: 221 LOCH 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 Tuesday, July 2, 2013 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 780 square metres, located at 221 Loch Lomond Road, also identified as being PID No. 00319129, from "R -2" One and Two Family Residential to "B -1" Local Business. REASON FOR CHANGE: To permit a business office. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 648 -3703 PROJET DE MODIFICATION DE L'ARRtd SUR LE ZONAGE OBJET: 221, CHEMIN LOCH LOMOND Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a I'arrete sur le zonage de The City of Saint John, lors de to reunion ordinaire qui se tiendra dans fa salle du conseil le mardi 2 Julllet 2013 a 18 h 30: Rezonage d'une parcelle de terrain d'une superficie d'environ 780 metres carres, situee au 221, chemin Loch Lomond, et portant le NID 00319129, de zone r6sidentielle — habitations unifamliales et bifamiliales « R -2 - a zone Commerciale locale a B -1 n. RAISON DE LA MODIFICATION: Permettre un bureau d'affaires. Toute personne inMrestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du developpement a I'h6tel de ville situe 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 feries. Veuillez faire part de vos objections au projet de modification par ecrit a I'attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuiilez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 648 -3703 Ad Number: A74571 Ad ID: 6476479 Current Date: Jun 03 2013 11:37AM Start Date: 6/4/2013 End Date: 6/4/2013 Color: B/W Client Approval OK Q 94 Corrections 0 May 14, 2013 City Of Saint John Planning & Development P.O. Box 1971 Saint John, NB, E2L 4L1 YLI P A D C T T T H E S M A L L B Z P R b S My husband Robert Cole, CMA, and-.I are in the process of purchasing the residential property located at 221 Loch Lomond Rd, Saint John, NB, E2J IY5, PID# 00319129. The closing date is June 28, 2013, and is subject to receiving approval from the City of Saint John to re -zone the property from residential to commercial and allow us to operate an accounting practice. Our business is a franchise "Padgett Business Services" (legal name: Padgett Business Services Of New Brunswick Inc.). We provide accounting, taxation and payroll services to small businesses throughout New Brunswick, Nova Scotia and Prince Edward Island. Our business is open Monday to Friday, 8:30 am to 4:30 pm and is closed evenings, weekends and statutory holidays. Client visits to our location are minimal. The franchise business model is that client files are to be picked up and returned to them at their place of business and that meetings with clients are to be held at the their place of business as well. We currently employ five full -time employees in addition to ourselves. An important consideration was that the property be located on the City's bus transit route as several of our employees use this service to commute to work. We estimate three vehicles will be parked on the property during normal working hours. Attached please find: G An application to have this property re -zoned to commercial + A sketch drawn by Kierstead Quigley and Roberts Ltd. dated December 21, 1994, for Allen & Carol McGrath + Schedule "A" relating to the lot + A drawing by myself of the property as the owner's completed renovations to their home and the house looks differently today as compared to the design by Kierstead Quigley and Roberts Ltd. • A cheque in the amount of $2,500 for the fee associated with this application Should you have any questions or require additional information, please do not hesitate to contact me at 506 - 642464. Thank you, 'Loxv� Kathleen Bolger -Cole PADGETT BUSINESS SERVICES MEDICAL ARTS BUILDING 115 HAZEN STREET, SUITE 2 -3 SAINT JOHN, NB E21 313 P 506.642.4464 F 506.652.2780 �� E P A D G E T T N B @ P A DCETTNB.coM 95 WWW.PADGETTNB.coM ...... . . ..... ID 0 20 �t I U) N sk \-, D I " \ N �-Q 1p9d ►\ f�c�C cl John Davidson Lot 9, Block "E" Doc. 355119, Vol. 1355, Pg. 482 See Plan File 20, No. 50 B--256:N; Allen 8 Carol McGrath Doc. 396248, Vol. 1733, Pg. 209 Lot 8, Block "E" See Plan File 20, No. 50 O Wo*&In Fence""'!�� FT :. �L# it 1:1 Wood Frame Dwelling v Wood Deck o, Over 7.09 1. O . [. .n7r .ox - r N. B. _ Gr i d Co--or d -1-n a t e Va I u es P4igt EOS I � N3rtbIn.� Monument [0 _ 338828.137 665769769.6322 IBF 4 % 14 1 336836.496 665796. 888 WPF(In Cont) 20 336953.OS4 665731.6311 SMS 25 336963.723 665732.071 SMS 3947 336657.349 665546.351 NBCM --- !c 19040 334807.298 664281.1411 NBCM Sketch Showing Encroachments Lands Owned By Allen 3 Carol McGrath 221 Loch Lomond Road, City of Saint John, Saint John County, N.B. 10. 67 870380200 x --L Loch N Lomond 4 2 4 B 10 m ct r- s 20 Scale a 1:200 Certified Correct Saint John, N.B. rJIKIERSTEAD QUIGLEY December '21,1994 %..land R08E Ltd. Per:��-- �----- Gerald R. Roberts, N2;LS,CLS Book 270, Pastes 39 6 63 Job No. 94--0062 N Raced See 1 —NB -1030 97 Dwg,, No. B_256c SCHEDULE "A" �+ t; }► t. c� +rR.ain Zot,: linen 'nx' I�rcel of land site at,e, l.yinn -nwl Itr' ngl tr, the PCtIr .std `iimonci:3, in the said t;crntnt,d or agint. John, onne rrovi *ern aforn,%aid, rounded ,ranct dvo� cribed as i't i.l p►r,;�, v:1.� - 1Et.,gjzttt r3f vii (,he northeastern i fle Hno of toad lte:ttiin fr 1 t.11 °+ (;It.y er Saint. John to Loch Lum -ond by tr:;Iu Of lei }: AC !R�.vnr Ileaet•voir at I,tiQ int,orsr,ct lon Lh��roof by i.hc: ea Lort<i ; id(* 11ne or a reserved street laid out through LIM, },ropdr•t;y Of Lho grantor a thc� said point, or place of be gin - ning i,lrf� t *It a di.stanc# (,.f hvn hundred and :seventy foul- 0,,11.9) true .n.Jr,c: t,t+nUln font *n- nniiro.'d nastwardly along the :3ald line of Lhoo s� ,t't road f'rvin Uin in1,►�rs6cUon Lharpe)f by the line of division 13ot.ween the lands, of the said James Is. Qtr'Lnn and pvc- lnison formerly ownt'rt by one Rosa Kennedy; going i,hettiae vi aiiLll- ifcreaa l lhi rly five ( >� ) ensLwardly along the Locb Lomond Road fPei; t.o a lot, now or formerly ownod by one l.nf•,rwl►�tts1; 1.1!t:rcre nort.heastwardl y along the line +, of r Lhx.raid! ifij . •Aham i:or. nk)d :. prolongation thereof hei.ng at rif;lit. ;tttij;l,. ar t•o I. -hr ra:t�i ..srft,r�:;t 11.1 one huneired and twerlt,y (1.20) .fcc;t,r t.hesrlr. :r>>t•t}� ►tsl ;t.Lr;tr4nJE }}at•nl.it�l. with the said roar) twcnl.y fire and Lhren LCT4.11 .13 (P5.3) 61irl, Ito t;hn line of a lot, fronting on the rese =rvo -d road aft- iresai d ; thence westwardly al.oi,g the saki line of the said lot, and at, right, angles to vii,, said roserved road sixty seven and night, Lent.11s (67.8) Poet to the aforesaid rrant,e:rn line of the nail re served roarl and t.Jj•::rtice smtthwardly along the same ninety seven and nin* tenths (97.9) feet to the place of berinnirtl;." tieing tree same lot; of land as conveyed to William �tmith, by James B. Gluinrt et ux, by Deed dated Sixteenth clay of •Tune, 1937, registered in the Saint John County Registry Office on the 1pt.n day of October, 1937, by the no. 123798, in Bnok 2023, pagps 268, known by tin civic number as 221 loch Lomorid IRoadl~ 4 Planning Advisory Committee June 20, 2013 Your Worship and Councillors: P.O. Box 1971 506 655 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Rezoning 221 Loch Lomond Road On June 3, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 18, 2013 meeting. City of Saint John Robert Cole, the husband and business partner of the applicant, was in attendance at the meeting and was not in favour of the staff recommendation. Mr. Cole spoke to the challenges of their existing property on Hazen Street and the difficulty in finding a suitable property to purchase for their business. He suggested that the proposed business office would provide a positive contribution to the neighbourhood and that a repurposed residential building is the most appropriate location for a small professional firm. In addition, Mr. Cole argued that there are a number of similar commercial uses located within 1 kilometre of the subject site and that the proposal was compatible with the surrounding land uses. The Committee debated at length the merits of the direction offered by the Municipal Plan with regards to directing residential and employment uses towards designated intensification and employment areas as well as the compatibility and impact of the proposal. No one else appeared before the Committee to speak in favour or against the application, and no letters were received. After considering the report and comments made by the applicant, the Committee adopted a motion recommending that Common Council deny the Zoning By -Law Amendment. "!-R -2- RECOMMENDATION: That Common Council deny the Zoning By -Law Amendment. �\ Respectfully VI gan L / Chair JC Project No. 13 -107 s b 'ed, C gan i 1 1� t The City of Saint John DATE: JUNE 14, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF JUNE 18, 2013 PREPARED BY: Jeffrey Cyr / i Planner SUBJECT: REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Name of Applicant: Kathleen Bolger -Cole, Padgett Business Services Name of Owner: G. Carol McGrath Location: 221 Loch Lomond Road PID: 00319129 Municipal Plan: Stable Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "B -1" Local Business Proposal: To establish a business office Type of Application: Rezoning, Conditional Use SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21. Vll I wwwsaingohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 Kathleen Bolger -Cole, Padgett Business Services Page 2 221 Loch Lomond Road June 14, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Tuesday, July 2, 2013. The Zoning By -law authorizes the PIanning Advisory Committee to impose terms and conditions upon the establishment and operation of a business office in the "B -1" Local Business Zone. STAFF RECOMMENDATION TO COMMITTEE: That the proposed rezoning be denied. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Infrastructure Development Service has the following comments on the proposed rezoning: • It is understood from the application that there will not be any site, driveway or servicing changes to this property. If any changes are proposed, this Department must be contacted for further review, comment and approval. • All parking must be provided for on -site. • All businesses must have a City approved water meter installed. • It is the responsibility of the owner to provide for solid waste collection. Inspection & Permitting Services have no concerns with the proposed re- zoning. They will require detailed dimensioned floor plans for the office, if approved. A detailed Building Code analysis is to be done if a Permit application is received. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concerns with regards to this proposal. Rogers has been advised of this application. Saint John Energy has been advised of this application. Saint John Fire Department has been advised of this application. 102 Kathleen Bolger -Cole, Padgett Business Services Page 3 221 Loch Lomond Road June 14, 2013 ANALYSIS: Site and Neighbourhood The subject property is located at 221 Loch Lomond Road, at the corner of Loch Lomond Road and Rockliffe Street in East Saint John. The property has a frontage of approximately 8.5 metres along Loch Lomond Road and 36.5 metres along Rockliffe Street. The property has a lot area of 775 square metres for a one family residential dwelling unit. The subject site is currently zoned "R -2" One and Two Family Residential. The neighbourhood surrounding 221 Loch Lomond Road has a mix of residential, commercial and institutional uses. The adjacent properties on the North side of Loch Lomond Road are primarily residential, zoned "R -2" One and Two Family Residential and "R -4" Four Family Residential. Other land uses located nearby along the North side of Loch Lomond Road include the Loch Lomond Villa and two non - conforming uses (a take -out restaurant and an automotive repair shop). The property used for the automotive repair shop has been rezoned to "B -2" General Business; however, section 39 conditions imposed on the rezoning have not been met and the property is still used for a non- conforming automotive repair shop and residential dwelling units. The land uses to the South of Loch Lomond Road are primarily commercial and include the Loch Lomond Place shopping centre, the Saint John Transit facility, a lounge (Bleachers Bar) and a dentist office. Proposal The applicant is seeking permission to convert an existing single family home located at 221 Loch Lomond Road to a business office. The applicant does not propose any alterations to the exterior of the building or to the site, with the exception of a sign located in the front yard of the property. Once converted to a business office the applicant anticipates approximately seven employees working at this location. The subject site is zoned "R -2" One and Two Family Residential, which permits primarily one and two family dwellings. The applicant has requested to have this property rezoned from an "R -2" One and Two Family Residential Zone to a "B -1" Local Business Zone. Municipal Plan Direction The subject property and surrounding uses on the north side of Loch Lomond Road are designated as Stable Residential in the Municipal Plan. On the south side of Loch Lomond Road, the Loch Lomond Place shopping centre, the Saint John Transit facility and Bleachers Bar are designated as a Business Centre. Loch Lomond Road is designated as an Arterial Street in Schedule C of the Municipal Plan. Stable Residential The Stable Residential designation is intended for existing, stable residential neighbourhoods. Development proposals must be consistent with the neighbourhood context and compatible with the goals and policies of the Municipal Plan. Criteria for the assessment of rezoning applications are established in Policy LU -88, which is included as an attachment to this report. The policy sets forth six criteria for the assessment of rezoning applications. Three criteria are of concern with regards to this application: • The proposed land use is desirable and contributes positively to the neighbourhood; The proposal is compatible with surrounding land uses; and, 103 Kathleen Bolger -Cole, Padgett Business Services 221 Loch Lomond Road Page 4 June 14, 2013 • The proposal is on land identified as a corridor on the City Structure Map or does not detract from the City's intention to direct the majority of new development to Primary Centres, Local Centres and Intensification Areas. Business Centre The existing commercial properties across the street are located within the Business Centre designation, which is intended for existing concentrations of commercial and industrial uses and are generally not identified for significant new development. While the subject property is not located within the Business Centre designation and is not undergoing a Municipal Plan amendment, the policies of this designation are relevant to this proposal as the commercial uses within this area are important to the assessment of the neighbourhood context. As the adjacent Business Centre provides some contextual justification for the establishment of a business office at the subject property, the Municipal Plan's intent regarding the expansion of this commercial designation is relevant to this application. The Municipal Plan establishes criteria for the assessment of any expansion of lands designated as a Business Centre in Policy LU -66, which is included as an attachment to this report. One criteria is of concern to this application: • The applicant demonstrates that the proposed land use cannot be accommodated in the Primary Development Centres or other Employment Areas. Consideration of the Proposed Rezoning This proposal to establish a business office at 221 Loch Lomond Road is contrary to the three above noted criteria established to assess rezoning applications in areas designated as Stable Residential in the Municipal Plan. The proposal also fails to meet the criteria established to assess the expansion of designated Business Centres. Compatibility and Impact of the Use The proposal to establish a business office in a residential area will provide little amenity to the adjacent residential properties in the neighbourhood as the business is not seeking to provide services to the local area. While office uses are generally less disruptive to residential neighbourhoods than other commercial -type uses, the introduction of new commercial uses along the north side of Loch Lomond Road may undermine the stability of the residential neighbourhood and set a possible precedent for additional rezonings of this nature. There is a clear risk that commercial rezonings along this portion of Loch Lomond Road may contribute to transforming the area into a commercial strip. Location of the Use The location of the subject property is not consistent with the Stable Residential designation policies of the municipal plan. The property is not located along a designated corridor and detracts from the goal of directing new housing and employment uses to designated intensification areas. The proliferation of office uses to lands outside of designated areas will have a cumulative negative impact on the future development of the City's Primary Centres and Intensification areas. The office vacancy rate for the Greater Saint John Region was 21.17% in December of 2012, the highest of any major city in Atlantic Canada.' Permitting the rezoning of properties for the establishment of a business office in stable Turner Drake. "Market Survey (December 2012) Greater Sal John Offices ": J) s; / /w�ww.turnerdrake.comrsurvey /attachments /122.�d. AAs4ed Last: June 12, 2013. Kathleen Bolger -Cole, Padgett Business Services 221 Loch Lomond Road Page 5 June 14, 2013 residential neighbourhoods will contribute to further increases in office vacancy rates and impede the development of the urban core of the city. The proposed location also does not meet the criteria for the expansion of lands designated as Business Centres. It has not been demonstrated that this use cannot be accommodated within the Primary Centres or other Employment Areas. Currently, this business is located on Hazen Street, within a designated intensification area near the Uptown. The applicant identified access to the public transit system as an important characteristic of the proposed location along Loch Lomond Road; however, the public transit system provides equal if not superior service to areas designated for intensification in the Municipal Plan. No additional rationale for the proposed location was submitted as part of the rezoning application. Site Development Impact The applicant does not propose any alterations to the exterior of the building or to the site and therefore there will not be any major site development impacts. Details of the proposed signage have not been submitted as part of this application; however, the applicant has advised staff that any required approvals for the proposed signage would be obtained following the purchase of the property. Conditional Use The Committee may impose terms and conditions on the proposed business office if it decides to recommend approval of the rezoning. Should this be the case, it would be preferable for the Committee to recommend that the conditions be imposed by Council pursuant to Section 39 of the Community Planning Act, which would be tied directly to the rezoning and registered on title. Conditions with respect to limitation of the commercial use to business offices, Development Officer approval of a detailed site plan, and prohibition of mobile signs would be examples of appropriate conditions. Conclusion The subject proposal, while fairly neutral in terms of direct impact on the site and surrounding uses, is not a desirable form of development for this location and would tend to undermine the stability of the existing residential neighbourhood on the north side of Loch Lomond Road. The proposal will detract from the goals of the Municipal Plan to concentrate employment uses in designated intensification areas. In a challenging economic climate, it is important that commercial office uses are directed to the appropriate areas to create a cluster of commercial activity that supports and strengthens the Primary Centres and intensification areas of the city. Therefore, it is recommended that the proposed rezoning be denied. JC Project No. 13 -107 105 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT 33� 0 � 13 O LL 6 4 217\ �0 a � 216 5 t • �� 213 �► 11 �r B!2 0.07 16 Subject Site /site en question: 1 8 .' v~^ 4 �O ��, CAS, . 0 , r de,a 17 Q;Ot 1 g '' J 11 14 g �IS 12 10 LOMOI&RO. us Location: 221 Chemin Loch Lomond Road Date: May 21 mai 2013 Scale /echelle: Not to scale /Pas a 1'echelle 106 4 234 � •s F-- 3 a) PID(s) /NIP(s): 00319129 231 240 t 244 E 107 Policy LU -87 Intend that the areas designated Stable Residential will evolve over time from a land use and built -form perspective but that new and redeveloped land uses are to reinforce the predominant community character and make a positive contribution to the neighbourhood. Policy LU -88 Ensure that significant new development and redevelopment in areas designated Stable Residential shall generally be permitted only through a rezoning process where compliance is demonstrated with the following requirements: a. The proposed land use is desirable and contributes positively to the neighbourhood; b. The proposal is compatible with surrounding land uses; c. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; d. Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; e. A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; and f. The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. Major Community Facilities The City has a number of major institutions and other significant facilities that serve the broader community. Learning institutions such as high schools and the New Brunswick Community College have major campuses that require special land use regulation. Similarly, major health service facilities, recreation complexes, and places of worship and assembly need to be carefully planned and regulated to ensure they do not negatively impact adjacent land uses and are appropriately located for convenient access by all transportation modes. Council shall: Policy LU -89 Create the Major Community Facilities designation on the Future Land Use map (Schedule B) to accommodate a range of larger -scale institutional uses including, but not limited to, high schools and post - secondary educational facilities, major care facilities, recreation facilities, places of worship and assembly, and other government and community uses. 108 CHAPTER THREE I LAND USE 87 Policy LU -65 Ensure the Zoning Bylaw contains appropriate provisions to ensure the redevelopment of lands in the Business Centre designation benefit from high quality urban design, extensive landscaping, pedestrian connectivity and restrictions on outdoor storage. Policy LU -66 Ensure the Business Centre designation is generally used to identify a land use framework for existing concentrations of mixed commercial and industrial development. The re- designation of lands to expand existing Business Centres shall only be considered where: a. The applicant demonstrates that the proposed land use cannot be accommodated in the Primary Centres or other designated Employment Areas; b. Due consideration is given to site suitability including road access, availability of public transit, necessary municipal servicing, compatibility with surrounding land uses; and c. The proposed development demonstrates high site design with extensive landscaping, pedestrian connectivity, buffering and limits on outdoor storage. Specific redevelopment or expansion of a Business Centre, if approved, will demonstrate enhanced connectivity to the streetscape. Policy LU -67 Recognize that in the future there may be an opportunity to redevelop the lands generally bounded by Main Street, Chesley Drive, and Hilyard Street to accommodate more urban forms of development. It is Council's intention to work with the proponents of any such redevelopment to prepare appropriate plans to redevelop this area with a more urban character, such as those found in the adjoining areas in the Uptown and the Old North End. Policy LU -68 Recognize that the Somerset Business Park has been established west of Somerset Street adjacent to Technology Drive. Further development potential continues to exist in the Somerset Business Park and it shall be the policy of Council to encourage the use of these lands for an appropriate range of technology, knowledge, laboratory and research -based businesses, as identified in the Zoning Bylaw. Council may consider additional investment in infrastructure to support further development of the Somerset Business Park. 109 CHAPTER THREE LARK USE 79 Presentation to Common Council July 2nd, 2013 110 LJ 1 e,� 0 'AO 13 �C . � C �6\ fir` _ A 215 5 �F 1113 ��p G B_2 e 0207 ♦ 16 July 2nd, 2013 1 4 �j 17 OA 0. 1 Lomo? & Rol . US 2 12 00 N 13 SAINT JOHN Ti 13 SAINT JOHN LJ 0 • To relocate their business from the Uptown to a single family residential property at 221 Loch Lomond Road. 0 0 No exterior changes proposed to the building. Small sign located to the front of the property. Requires a rezoning from the "R -2" One and Two Family Residential Zone to the "B -1 " Local Business Zone. Ik r July 2nd, 2013 .,/ 14 T SAINT JOHN F �4- ✓s o, 30 i 1 7 - Sf od A < < v¢ 7 Lo pond Rd. `J n y s p s IL I ♦ '} July 2nd, 2013 SAINT JOHN LJ • Existing commercial uses south of Loch Lomond Road: — Loch Lomond Mall, SJ Transit Facility, Bleachers Bar • Predominantly residential uses north of Loch Lomond Road: — R -21 R -4, RM -17 R -1 B — A small podiatrist & dentist office, which are permitted in residential zones — Some non - conforming uses: take -out restaurant, auto body shop, mortgage office. • Existing institutional uses along Loch Lomond Road: Existing commercial area Dentist office permitted in R -2 Zone — Loch Lomond Villa, Bayview School July 2nd, 2013 SAINT JOHN Designated Stable Residential: •The subject property and surrounding residential uses are designated Stable Residential. Rezoning applications in the Stable Residential designation must meet six criteria. Three are of concern to this application: i. The proposed land use is desirable and contributes positively to the neighbourhood; ii. The proposal is compatible with surrounding land uses; and, iii. The proposal is on land identified as a corridor on the City Structure Map or does not detract from the City's intention to direct the majority of new development to Primary Centres, Local Centres and Intensification Areas. July 2nd, 2013 SAINT JOHN w Designated Business Centres: •The commercial properties south of Loch Lomond Road are designated as a Business Centre. oThe plan does not identify Business Centres as areas of future commercial g rowth . •The expansion of Business Centres must meet three criteria. One is of concern to this application: i. The applicant demonstrates that the proposed land use cannot be accommodated in the Primary Centres or other Employment Areas. 11A T- July 2nd, 2013 SAINT JOHN LJ Location of the Use: eThe location is incompatible with Plan SJ policies for Stable Residential areas and the expansion of Business Centres: i. It is not located along a designated corridor or an employment area. ii. It will detract from the goal of directing new employment uses to designated intensification areas. iii. The applicant has not demonstrated that this use cannot be accommodated within the City's Primary Centres of Intensification Areas. Business Location Small Business Finance & Insurance July 2nd, 2013 (1 -9 Employees) Intensificati( Areas ■ Other Employmen Areas 117 Intensific Areas ■ Other Employn Areas Intensificatic Areas ■ Other Employmen Areas SAINT JOHN LJ Location of the Use: • High office vacancy rates and a softening housing market should provide sufficient opportunity for small businesses to continue locate in designated employment and intensification. 21 -17% 2012 Office Vacancy Rates M&W, 7.33% o�% 10.28% �o ra G 14.77% 5.46% t`y for 5000 4000 3000 2000 1000 0 11S MLS Sales 2010 2011 2012 Sales ■ New Listings July 2nd, 2013 SAINT JOHN LJ Compatibility & Impact of the Use: • The proposed use is fairly neutral in regards to its direct impact on the surrounding neighbourhood; however, it is not "desirable" and "positive" as is specified by Plan SJ. • Rezoning this property to the "B -1" Local Business Zone may undermine the stability of the neighbourhood and set a precedent for additional rezonings of this nature. • There is a risk that commercial rezonings along this portion of Loch Lomond Road may contribute to transforming the area into a commercial strip. 110 T- July 2nd, 2013 SAINT JOHN • Staff Recommendation — That the proposed Rezoning be denied. • Planning Advisory Committee Recommendation — That the proposed Rezoning be denied. July 2nd, 2013 SAINT JOHN Padgett Business Services Application to rezone 221 Loch Lomond Road 121 Padgett Business Services • A professional accounting firm providing accounting, tax and payroll services. • In business since 2003. • Moved to Rothesay in 2005. • Moved to Saint John in 2006. • Seven employees. 122 Decision to move • Current location (115 Hazen St) unsatisfactory: — Maintenance of building has deteriorated — Significant increase in prostitution, vagrancy and drug trade in neighbourhood • Staff safety a significant concern • Building security a significant concern • Brand image is harmed 123 221 Loch Lomond Road 124 Zoning Request • Existing: "R -2" One &two family residential • Proposed: "6 -1" Local Business • Section 39: — Signage and parking — Not acceptable for property to revert to "R -2" if sold • Cost to revert would be prohibitive • Would not permit property to be fully utilized as a business — defeating purpose of rezoning 125 Positive Contribution to Neighbourhood • No plans to change the building • Landscaping will compliment the neighbourhood. We will blend in. • Small sign similar to neighbouring podiatrist • No opposition has been filed. • Positively received when we visited on June 10tH • Residents best suited to assess impact on their neighbourhood and property values 126 Parking • Required: 4 (3 staff, 1 client). — We have leased 4 spaces for 6 years. — Promoting use of public transit - providing bus passes • staff parking expected to decrease. — Franchise requires we visit the client's location • Available: 6. • Sufficient on -site parking to meet our needs. • No requirement to park on Loch Lomond Road or Rockcliffe Street. 127 Compatible with Surrounding Land Use • The area North and South are heavy commercial. • Within 500 m there is a bar, restaurant, professional buildings, auto repair shops, doctor, dentist, a shopping mall and the City's transit facility. • Comparable professional buildings within 500 m (two blocks) include: a doctor, dentist, insurance agent and mortgage broker. (doctor and dentist within 100 m) 128 Location of Use • City staff state our application will increase the office vacancy rate. • We have made a business decision to move and to purchase a property. • We will not continue to lease. • The vacancy rate is not relevant to this application. 129 Location of Use • City staff state "it has not been demonstrated that our use cannot be accommodated within the Primary Centres or other Employment Areas." • Small &Medium size accounting firms either lease or own their property. • We have made a business decision to not lease. 130 Location of Use • Small accounting firms that own typically own a re- purposed residential building — Common among small professional firms such as accountants, doctors, dentists, insurance agents • The cost of larger commercial structures in core city areas cannot be justified from a business perspective — cannot generate sufficient return to cover cost. • Larger commercial structures typically do not meet the needs of small professional firms — too much space that is difficult to lease. • Smaller commercial structures are typically developed for retail. Require extensive renovation and their cost is typically prohibitive. • A re- purposed residential building is the most appropriate structure for a small professional firm. • The best residential building is a single family, one level dwelling with large rooms, located on an arterial route, with bus service. 221 Loch Lomond Road fits this bill. • Other locations exist, but they are not within the City. We prefer to remain in Saint John. • To purchase a suitable building within the City's primary centres is cost prohibitive and is not feasible for a small professional practice. 131 Businesses within 500 m 221 Loch Lomond Road is on the North side of the road 132 Businesses within 500 M Insurance agency Two auto repair shops Special care home Mortgage broker Two large senior citizen's complexes Doctor Dentist Resta u ra nt Oil refinery Tailor Dog groomer Bar Saint John City Transit 133 North Side Within 500 m East of proposed location 134 Motor Vehicle Repair Shop North Side. Automotive repair shop. Within 400 m East of proposed location. 135 r Y. y Coulton Special Care Home North side. Special Care Home. Within 200 m East of proposed location. 136 per.-- - '40"TG4CES iS�N9 .qUPC CO N45E5 ,_ tt tt 'gE EIN4 " - " 1 NSOLIDATION PgIVATE MOgTGAGES r`' tt tt CANS CNEDIT LINE CONSOLIOq ^ION BEST RATE ADVANTAGE GROUP LTD. *among mow® .... ttt ttt i ttt ttt jl • n•o 2100 ' Mtt1FtTOVAtF _ aLL... 6 ?9 30 Best Rate Advantage Group Ltd North Side. Professional building. Within 200 m East of proposed location. 137 Podiatry Doctor's office North side. Professional building. Within 100 m East of proposed location. Five buildings from the proposed location. 138 North Side Within 500 m West of proposed location 139 Motor vehicle repair shop North Side. Automotive repair shop. Within 100 m West of proposed location. 140 Take out restaurant North Side. Restaurant. Within 100 m West of proposed location. 141 Senior's residence complex North side. Senior's residence complex. Within 200 m West of proposed location. 142 Insurance Agency North Side. Professional building. Within 500 m West of proposed location. 143 South Side Within 500 m East of proposed location 144 Irving Refinery South side. Commercial oil refinery. Within 400 m East of proposed location. 145 Cemetery Southside. Cemetery. Within 300 m East of proposed location 146 3 Dentist South side. Professional building. Within 100 m East of proposed location. Directly across street from proposed location. 147 South Side Within 500 m West of proposed location 148 Senior's residence complex South side. Senior's residence complex. Within 400 m West of proposed location. 149 - _j Tailor shop South side. Tailor shop. Within 300 m West of proposed location. 150 Dog grooming South side. Dog grooming business. 300 m West of proposed location. 151 - South side. Bar. Within 100 m West of proposed location. Directly across the street from proposed location. 152 Other Professional Buildings • Other professional buildings on Loch Lomond Road, less then 1 krn from proposed location: —Neil Hanlon, CGA (accountant), 800 m —Sun and Cruise Travel (travel agency), 800 m —Sarah Mallory Wright (insurance), 900 m 153 Other businesses • Other businesses on Loch Lomond Road within 1 km of proposed location: — WinMar construction, 600 m — E.R. Steeves well drilling, 700 m — Bayview Credit Union, 800 m — Convenience store, 900 m — Pizza Delight, 1 km 154 Padgett Business Services • Positive Contribution to the Neighbourhood • Compatible with Surrounding Land Use • Best location 155 I wv June 6, 2013 Members of Common Council RE: Setting Goals for Agencies, Boards and Commissions Backgroun Recently, the regional mayors and our councils set specific goals for Enterprise Saint John. These goals outline clear measurables for the success of Enterprise Saint John and include goals such as net new full - time jobs and the consumer confidence ranking for the City. The clearly - defined goals established for Enterprise Saint John have given its board a strong mandate and clear direction. A similar approach can be implemented for each of our agencies, boards and commissions, particularly those charged with delivering value to the taxpayers of Saint John. Motion That Council: will identify the first group of our agencies, boards and commissions for which we wish to set specific measurable goals; 2. arrange research of potential goals as needed; and 3. establish those goals for the identified agencies, boards and commissions as soon as possible but in any event by not later than the end of October, 2013, and in time for 2014 budget decisions by each of the identified agencies, boards and commissions. Yours very truly, Mel K. Norton Mayor City of Saint John (P4­ SAINT JOHN —ter P.O. Box 1471 Saint john, NB Canada E2L 4L1 ; wwwsaintjohn.ca I C.R 1971 Saint John, N. -B. Canada E2L 4L1 156 REPORT TO COMMON COUNCIL OPEN SESSION M &C2013 -147 June 25, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT Provision of Compensatory Storage — Defazio Autobody Repair, 4 Broadway Avenue BACKGROUND .1 City of Saint John In early 1999 Common Council adopted guidelines respecting the sale of flood storage which would allow developments in the flood risk area to proceed on land parcels incapable of providing compensatory storage. Subsequent to adopting the guidelines Council has authorized the sale of compensatory storage totaling 81,440 cubic metres. The vast majority of this volume has been provided for the development of First Professionals on Westmorland Road (see attached). The sale of this compensatory storage has facilitated development in the Westmorland Road area in excess of $30 million. The City of Saint John, in advance of selling compensatory storage, undertook construction projects along Golden Grove Road which resulted in the creation of approximately 85,000 cubic metres of new flood storage. The retention ponds, which accommodate approximately 85,000 cubic metres of floodwater, accomplish three important objectives: Provision of flooding relief to the residents of Glen Falls. Allow continued development within the flood risk area. Provide compensatory flood storage for residents in the Glen Falls area who may wish to improve their property or expand their building. ANALYSIS In developing suggested guidelines for Council, staff acknowledged a fundamental principal. Although development within the flood risk area has economic benefits for the entire City, such development should not proceed if the potential exists for a 157 M &C2013 -147 -2- June 25, 2013 negative impact on the flooding situation in the Glen Falls area. With this underlying principal, Council adopted the following guidelines: ➢ The applicant must demonstrate to the Building Inspector that it is not practical to provide any or all of the compensatory storage on the property being developed. ➢ The developer (or any affiliated company) does not own other property within or adjacent to the flood risk area upon which the necessary compensatory flood storage could reasonably be provided. ➢ Compensatory storage must be provided within the same designated flood risk area of the displaced storage. ➢ Sale of compensatory storage must be approved by Council. ➢ Costs per cubic unit to the developer will vary, dependent on the specifics of each application. ➢ Monies received by the City in the sale of compensatory storage will be used solely for Marsh Creek flood reduction programs. ➢ The City will at no time be in a deficit position resulting from the sale of compensatory storage with respect to flood storage capacity. ➢ The City will not pre -sell any storage capacity in anticipation of a development. ➢ The City is at no time obligated to sell compensatory storage to any developer. To date the City has not deviated from these guidelines. The City has recently received a request for the purchase of compensatory storage. Michael Defazio has requested 124 cubic metres of compensatory storage in order that he may construct a new single storey commercial garage at 4 Broadway Avenue for Defazio autobody repair. Presently the City has available 3,557 cubic metres of remaining compensatory storage which could be made available to developers within the flood risk area. If the request is approved by Council the City will be left with 3,433 cubic metres available. As Council will note from the adopted guidelines, the cost per cubic unit to a developer will vary depending on the specifics of each application. As can be seen on the attachment the initial price for compensatory storage was $4.60 per cubic metre, then $5.41 per cubic metre. These prices were based on the actual cost to the City for the construction of the retention ponds. The second phase of the retention pond was smaller in scope than the initial phase, and consequently, carried a much higher cost per unit. The Engineering Department has calculated that the best figure for unit cost is now $10.75. The developer has been advised and has agreed to this price subject to Council approval. 158 M &C2013 -147 -3- June 25, 2013 As shown on the attached, the City still has available 3,557 cubic metres of storage in its retention ponds. The sale of this needed 124 cubic metres can be supported. The sale, if approved by Council, will result in revenues of $1,333.00. RECOMMENDATION Your City Manager recommends that • Common Council approve the sale of compensatory storage, calculated at the rate of $10.75 per cubic metre, for each cubic metre of flood storage displaced by the development, up to 124 cubic metres, at 4 Broadway Avenue, to Mr. Michael Defazio of Defazio Autobody Repair. Respectfully submitted, Amy Poffenroth, PEng, MBA Acting Commissioner Growth and Community Services Department I Patrick Woods, CGA City Manager Attachments 159 City of Saint John Flood Risk Area Development / Compensatory Storage Date Permit # Name Address (for fill) Fee Storage Created m' Storage Purchased m' Cost Comments April 15, 1999 BP- 0210 -99 First Professionals 450 Westmorland Road 4.00 + HST 33,500 $ 154,100.00 Phase I (Walmart) May 11, 1999 FRP -1 -99 Wayne Burke 106 Glen Road $ 4.00 50 $ 200.00 May 18, 1999 FRP -2 -99 Margaret Cook 3 Todd Street $ 4.00 25 $ 100.00 May 21, 1999 DEV -1 -99 Galbraith Construction 56 Glenview Avenue 64,308 $ 100.00 1999 Capital Project Dec. 21, 1999 BP- 1242 -99 Meridian Construction 450 Westmorland Road $ 5.41 7,880 $ 42,630.00 Phase II (Future Shop) $ 197,130.00 TOTAL for 1999 April 12, 2000 BP- 0230 -00 Kent's Building Supplies 450 Westmorland Road $ 5.41 6,520 $ 35,273.00 Phase III June 2, 2000 FRP -1 -2000 Eldon Whittaker 11 Todd Street $ 5.41 20 $ 108.20 Jun.12, 2000 FRP -2 -2000 Orville Blanchard 51 Golden Grove Road N/C 10 $ - Jun. 20, 2000 FRP -3 -2000 First Professionals 450 Westmorland Road $ 5.41 3,700 $ 20,017.00 Parcel B April 27, 2000 FRP -4 -2000 First Professionals 450 Westmorland Road $ 5.41 5,400 $ 29,214.00 Parcel F April 27, 2000 FRP -5 -2000 First Professionals 450 Westmorland Road $ 5.41 1,600 $ 8,650.00 Mark Drive Extension Jun. 26, 2000 FRP -6 -2000 Daryl McLennan 9 Simpson Drive $ 5.41 40 $ 216.40 Dec.S, 2000 FRP 00 -1197 Andrew Breau 16 Marlborough Avenue $ 5.41 40 $ 216.40 $ 93,695.00 TOTAL for 2000 Jan.19,2001 FRP 01 -0049 Halifax Seed 658 Rothesay Avenue $ 5.41 2.8 $ 15.15 Jun. 6, 2001 E -mail from L. D'Souza Phase II Retention Pond 20,690 2000 Capital Project $ 15.15 TOTAL for 2001 Jan. 11,2002 BP -01 -1095 First Professionals 86 Consumers Drive $ 10.75 7,000 $ 75,250.00 Swiss Chalet March 2002 First Professionals CANCELLED $ 10.75 $ - Parcel H, Building H2 CANCELLED Jun.28, 2002 BP02 -0558 PCB Holdings Ltd. 1 Golden Grove Road $ 10.75 271 $ 2,913.25 3 Mile Tavern Oct. 29, 2002 BP02 -1007 602495 NB Inc. 347 Rothesay Avenue $ 10.75 1,280 $ 13,760.00 Saint John Mitsubishi $ 91,923.25 TOTAL for 2002 April 8, 2003 FRA03 -1249 First Professionals 450 Westmorland Road $ 10.75 7,000 $ 75,250.00 Parcel H, Building H2 April 25, 2003 BP03 -0215 Comstock Canada Ltd. 30 Tim Street $ 10.75 27.7 $ 342.45 Site improvements for Murphy Storage. Comp storage provided July 31, 2003 FRA03 -0712 Debly Enterprises 350 Ashburn Road 0.0 $ 100.00 on property. $ 75,692.45 TOTAL for 2003 Site ggrading for Maple Leaf Nissan. Comp storage provided on May 10, 2004 FRA04 -0472 053057 NB Ltd 633 Rothesay Avenue $ 10.75 0 $ 100.00 property. $ 100.00 TOTAL for 2004 Feb. 3, 2005 BP04 -1051 Plaza Atlantic Limited 120 McAllister Drive $ 10.75 2,120 $ 22,790.00 Boston Pizza Apr. 5, 2005 BP05 -0393 Plaza Atlantic Limited 80 McAllister Drive $ 10.75 1,160 $ 12,470.00 MBD Plaza - Phase 2 Aug.24,2005 FRA05 -1125 Muslim Assoc of NB 1100 Rothesay Rd $ 10.75 46 $ 494.50 Expand parking lot at mosque. $ 35,754.50 TOTAL for 2005 July 4,2006 BP06 -0297 A & C Fairweather 895 Ashburn Rd $ 10.75 563 $ 6,052.25 Sep. 22, 2006 BP06 -1303 Roger Benoit 145 Todd St $ 10.75 15 $ 161.25 $ 6,213.50 Jan. 25,2007 BP06 -1803 Milestone Construction 643 Rothesay Avenue $ 10.75 1,476 $ 15,867.00 KIA Saint John May.7, 2007 BP07 -0518 Saulnier Management 55 Majors Brook Dr $ 10.75 713 $ 7,664.75 $ 23,531.75 Dec.8, 2008 BP08 -1424 George Freeze Plumbinc 587 Rothesay Avenue $ 10.75 350 $ 3,762.50 Dec.8, 2008 BP07 -1777 Hamid Esmailion 637 Rothesay Avenue $ 10.75 0 $ 5,697.50 Dec. 16,2008 FRA08 -2371 Ed Savoy 597 Rothesay Avenue $ 10.75 W3 $ 354.75 Updated: 26/06/2013 1 $ 9,814.75 Acc # 210 0000 235 0400 April 5, 2012 BP12 -0300 Don Stein 28 Simpson Drive $ 10.75 23 $ 247.25 May 2, 2012 BP11 -1484 Laborer's Local 900 Traii 895 Ashburn Road $ 10.75 45 $ 48175 Totals 84,998.0 81,440.5 Remaining storage 3,557.5 See e-mail May 17/00 from E.Giffin, Material removed from flood plain during excavation of ditch. 1,290 To be held for use by the Saint John Exhibition Association, as per easement May 17/00 agreement. 161 Updated: 26/06/2013 Acct # 210 0000 235 0400 David Crawford, P. Eng. Deputy Building Inspector City of Saint John P.O. Box 1971 Saint John, NB E21. 41-1 Re: 4 Broadway Avenue Dear Sir: As you know, I am attempting to relocate my business from two buildings on my property, one of which encroaches on Ford Avenue. At the end of the project, there will be one new garage, landscaped with parking. In order to make this development proceed, I have raised the grades on the property. This change has reduced the storage volume within the Flood Risk area by 124 m3 (as calculated by John H. Johnson, P. Eng. of Johnson Engineered Solutions Limited). I request that the City sell me the storage so that this development can proceed. Yours very truly, r n A ILI 162 LO 3� -�Vd �^ nv OIZVd3i3 8LLG969 8 0 =GT £TOL76 -i1'90 323 Mopfc John. NB E2M 2A4 Telephone (506) 635 -4996 Fax (506) 672 -5165 E -Mail oolutlom &n nei.np.ca June 25, 2013 Mike Defazio Defasio Auto Body Ltd. 4 Broadway Avenue Saint John, N8 E21-1 1V Re 4 Broadway Avenue New Replacement Garage Dear Sir: Based on information provided by Mr. David Crawford, P. Eng., Deputy Building Inspector. I have calculated the volume of water which was stored on your property within the Flood Risk Area. This volume was calculated based on the following assumptions 1. The elevations provided by Mr. Crawford form the land elevations in 1980 (the date that the Flood Risk Area bylaw was passed) 2, The entire property has been raised to elevation 12.5 or higher. 3. The area of the building that was dernolished was deducted from the required volume. 4, The existing building which will be demolished is not in the Flood Risk Area. /yS d ICaull UI ii 1='U l.diuuldllullb! yUU wlll neeu LU P1oviUC i2,+ rn° or nociu storage. Your development cannot be modified to create this storage. As a result, you should attempt to buy this storage from the City. I have enclosed a copy of a letter for you to submit to Mr. Crawford to start this process. If I can be of further assistance, please call, Yours very truly, John H Johnson. P. Eng. Enclosure engineers and managsmemt con6ultantra building bri6iee6 bstween the pro6ont and the future 163 TO 39vd nv OIZV33Q BZL9969 89 :91 EZOZ /9Z/90 CCAA Men's Soccer National Championship Committee UNB Saint John- Department of Athletics Recreation & Wellness 100 Tucker Park Road Saint John, NB E21- 41-5 To: Mayor and Council Re: Sponsorship of CCAA Men's Soccer National's event Dear Mayor and Council: I have submitted for your review a sponsorship package for the CCAA Men's Soccer Nationals. We would like to have the city sponsor our banquet, which is an important and memorable part of the CCAA Championship. This event will have a huge impact on our local economy, from hotel stays to restaurant bookings and our city shops being frequented by several athletes, parents and fans from across the country. We hope that the city will see the value in this partnership as investing in an event that will surely give back to our community. We would be happy to answer any questions you may have. Thank you for your consideration of this proposal, Anthony Enman Anthony Enman Sports Information Officer CCAA Men's Soccer National Championship Committee UNB Saint John- Department of Athletics Recreation & Wellness (506) 650 -3113 Email: b118w @unb.ca 164 UNB Saint John Seawolves Partnership UNB Saint John at a Glance UNB Saint John has become an influential partner in our city, province and beyond. The campus has grown into a close -knit community of over 2,700 students. Athletics has a proud tradition dating back to 1967 when the pioneer teams played out of the YMCA. In 1975 the G. Forbes Elliot Centre was built and it continues to be a place where local, provincial and national events take place. The facility seats 900 people and more than 75,000 people come through the doors each year. The Canada Games Stadium has been refurbished to a state of the art facility capable of hosting our regular season sporting events as well as tournaments and community, regional and national events. Both facilities house our 100 -plus varsity student - athletes who compete on the following eight teams; men's and women's soccer, basketball, volleyball and track and field. The basketball, soccer and volleyball teams compete in the Atlantic Collegiate Athletics Association (ACAA) and Canadian Collegiate Athletics Association (CCAA). At this high level of competition, student - athletes are able to focus on academics, play their sport of choice and forge lifelong friendships with teammates. The recently added track and field teams compete for the UNB Varsity Reds in the Atlantic University Sport (AUS) and Canadian Interuniversity Sport (CIS). This is the highest level of university sport in Canada. We are especially proud that more than 25% of our student - athletes are CCAA Scholar Athletes. These students maintain Dean's List status and compete on a varsity team. The Seawolves are a staple in the community, providing programs specifically designed to pair varsity athletes with local children and youth to encourage participation and development in sport as well as success in the classroom. Programs such as Howl with the Wolves, WolfPack Volleyball and the Promise Partnership prove that we are committed to contributing to Saint John and the surrounding area. We have a rich history of hosting national events and most recently hosted the 2011 CCAA Women's Volleyball Nationals. I'm also excited to announce that UNB Saint John was successful in securing the 2013 CCAA Men's Soccer National Championship that will be held from November 6 -9. Needless to say, it's an exciting time for UNB Saint John and its student- athletes. Partnership Opportunity The UNB Saint John campus is growing at a rapid pace with the recent addition of the Hans W. Klohn Commons, Dalhousie Medicine New Brunswick and NBCC Allied Health. The athletics program is also keeping pace with campus development by adding a Sports Information Officer to our staffing team and by updating our facilities. Our goal is to bring home ACAA Championships, compete in CCAA Championships, and to host major events. The UNB Saint John athletics department is proud to be hosting the CCAA Men's Soccer National Championships November 6 -9, 2013. This national championship will bring the best male university and collegiate soccer players in Canada to Saint John, and not to forget, our Seawolves will be competing for the cup! We are offering The City of Saint John the opportunity to partner with the UNB Saint John athletics department and the CCAA Men's National Soccer Championship by becoming a presenting sponsor for the CCAA All- Canadian Banquet to be held on November 5, 2013. We believe you will find our audience comprised of students, parents, the media, fans, faculty /staff and alumni captive, and our flexible partnership offering enticing. We have one goal in mind — to deliver the best possible national championship. Be a part of it!! CCAA Championship Awards Banquet- Presenting Sponsor ($4,000): Participating teams, fans, event sponsors, VIP's and various media outlets will be on hand to celebrate the brightest and best in Canadian collegiate sport. To further the success of the CCAA Men's National Soccer Championships, we would like The City of Saint John to join us a presenting sponsor of the All- Canadian Awards Banquet. It's a great way to promote the city in the community, and to further build the relationship with UNB Saint John. For your support you will receive: Promotional Rights 1. Event Title -The Official name of the Awards Banquet will be the e.g. "CCAA Championship Awards Banquet presented by The City of Saint John ". The Sponsor shall be recognized as such in all appropriate Event collateral and promotional materials, i.e. Event Poster and Program, News Releases, Souvenirs, Flyers, Tickets, etc.; 2. Name and /or logo identification — Recognition and identification on all appropriate Championship Awards Banquet collateral and promotional materials; 3. Category and /or Product Exclusivity; and 4. Right to use Event trademarks and /or images for promotional use by Company. Media Coverage 1. One (1) Full Page advertisement inside Championship Award Banquet Program; and 2. Recognition and identification on Official Event Website. Signage / Messages 1. Space for one (1) off -court banner and /or sign at the Championship Awards Banquet -to be provided by Company; and 2. One (1) on -site P.A. announcement for duration of Event. Hosting / On -site Promotions 1. Speaking and /or presentation opportunities for a city representative at Championship Awards Banquets; and 2. Two (2) VIP passes to the all tournament activities, including CCAA Championship Awards Banquet. Contact: Natasha L Kelly UNB Saint John- Host Chair CCAA Men's Soccer National Championship Committee UNB Saint John- Department of Athletics Recreation & Wellness (506) 648 -5942 Email: nkelly @unbsi.ca ,v June 26, 2013 Mayor Norton and Saint John Common Council City Hall PO Box 1971 Saint John, New Brunswick E2L 4L1 Dear Mayor Norton and Council Members: YMCA -YWCA of Greater Saint John 130 Broadview Avenue Saint John, NB E2L5C5 506- 693 -9622 On behalf of the YMCA -YWCA of Greater Saint John, I am requesting the opportunity to attend a Council meeting to provide an update on our new Y facility. We will also make a request for the City to consider a financial contribution to the project in the 2014 budget. Thank you for your consideration and on -going support of the Y of Greater Saint John. Sincerely, Shilo Boucher, CA President and CEO 646 -2109 6IAikirkIM J 6eaI&y cornrnuni ie.S __ - — 1 REPORT TO COMMON COUNCIL M &C2013 -146 June 25, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Contract No. 2013 -15: — Duke Street West (Watson to Ludlow) — Watermain, Sanitary, Storm, and Street Reconstruction BACKGROUND The approved 2013 Water & Sewerage Utility Fund and General Fund Capital Programs include funding for new watermain, sanitary sewer, and storm sewer along Duke Street West between Watson Street and Ludlow Street. TENDER RESULTS Tenders closed on June 25, 2013 with the following results: 1. Terraex Inc., Saint John, NB $598,781.35 2. Midi Construction Ltd., Saint John, NB $617,182.27 3. Fairville Construction Ltd., Saint John, NB $643,400.53 4. Galbraith Construction Ltd., Saint John, NB $681,858.95 5. Maguire Excavating Ltd., Saint John, NB $704,650.49 6. Falls Construction Ltd., Grand Falls, NB $1,059,974.60 The Engineer's estimate for the work was $705,200. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. It is anticipated (subject to contractor schedules) that construction of this project will commence in July 2013 and finish in October 2013. MR M &C2013 -146 June 25, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 Water & Sewerage Utility Fund and General Fund Capital Programs. 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 $640,000 Project net cost $620,000 Variance (Surplus) $20,000 POLICY —TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2013 -15: Duke Street West (Watson to Ludlow) — Watermain, Sanitary, Storm, and Street Reconstruction be awarded to the low Tenderer, Terraex Inc., at the tendered price of $598,781.35 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, David Russell, P. Eng. Municipal Engineer Wm. Edwards,- Commissioner Transportation and Environment 170 /3 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2013 -148 June 26, 2013 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2013-17: Crack Sealing - 2013 BACKGROUND E�.t�t3 The City of Saint John The 2013 General Fund Operating Budget for Transportation and Environment Services includes a provision for the crack sealing of asphalt pavements on Rothesay Avenue and McAllister Drive. Crack Sealing is a preventative maintenance activity applied to asphalt surfaces to preserve and extend their service life. The work consists generally of cleaning the asphalt pavement cracks by high velocity blowers and immediately filling the cracks with a hot rubberized joint sealing compound which adheres and seals the cracks in asphalt pavements. A sprinkle of cement or agricultural lime is then applied to prevent tracking of the sealant by vehicular traffic. The total length of asphalt cracks to be sealed is approximately 20,000 metres. TENDER RESULTS Tenders closed on June 26, 2013, with the following results: 1. AVL Construction Group Inc., Drummond, New Brunswick $ 63,280.00 2. NRB Construction Company Ltd., Saint John, New Brunswick $ 69,382.00 3. Road Savers Maritime Ltd., Chester, Nova Scotia $ 80,230.00 4. 624091 Alberta Ltd. o/a R &N Maintenance, Guelph, Ontario $ 83,620.00 The Engineer's estimate for the work was $124,300.00 171 M &C2013 -148 June 26, 2013 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This contract involves work that is to be charged to the 2013 General Fund Operating Budget. Assuming award of this contract to the low tenderer, the following analysis has been completed. Approved budget 2013 $100,000.00 Low tender net cost $58,000.00 Variance (surplus) $42,000.00 The $42,000.00 surplus will be utilized by adding more streets requiring crack sealing to the contract. POLICY CONFORMANCE The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2013 -17: Crack Sealing - 2013, be awarded to the low tenderer, AVL Construction Group Inc. at the tendered price of $63,280.00 (including HST) as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be autho ized to execute the necessary contract documents. Z Rod Mahaney CET Engineering Technologist Transportation and Environment Wm. Edwards, P. ng. Commissioner Transportation and Environment 172 evin Rice B.Sc., CET Deputy Commissioner Transportation and Environment J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2013 -149 June 27, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2013 -1: — Milford Sewer Separation Phase II BACKGROUND MI The City of Saint john The approved 2013 General Fund and Water & Sewerage Utility Fund Capital Programs include projects for the construction of new storm sewer, services, renewal of sanitary sewer and water system in the Milford area. This phase of the project will include work on Milford Road, Dwyer Road and Balmoral Crescent. TENDER RESULTS Tenders closed on June 26, 2013 with the following results: 1. Galbraith Construction Ltd., Saint John, NB $1,198,974.07 2. Terraex Inc., Saint John, NB $1,273,873.86 3. Fairville Construction Ltd., Saint John, NB $1,376,364.86 4. Falls Construction Ltd., Grand Falls, NB $1,720,370.65 5. Maguire Excavating Ltd., Saint John, NB $1,732,810.61 The Engineer's estimate for the work was $1,490,000.00. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low Tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. WQ 4"z10)X 8l-UV l- 01@1. 11 llz&I The Contract includes work that is charged against the 2013 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by the Contractor and Others. 173 M &C2013- 149 June 27, 2013 Page 2 The analysis is as follows: Budget Project net cost Variance (surplus) $1,615,000.00 $1,195,000.00 $ 420,000.00 Staff would propose that $210,000 of the surplus funding be allocated to the Cottage Hill Zone Watermain replacement to supplement the Water & Sewerage Utility Funding allocation to allow the project to proceed to tender and construction in 2013. Staff would also propose that $210,000 of the surplus funding be allocated to offset the budget variance on the Fairville Boulevard Project (Contract 2013 -12 Fairville Boulevard Watermain Renewal awarded by Council on June 17, 2013). POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that: 1. Contract No. 2013 -1: Milford Sewer Separation Phase II be awarded to the low Tenderer, Galbraith Construction Ltd., at the tendered price of $1,198,974.07 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 2. Council approve the reallocation of $210,000 surplus funding from this project (Milford Sewer Separation Phase II) to the Cottage Hill Zone Watermain Project. 3. Council approve the reallocation of $210,000 surplus funding from this project (Milford Sewer Separation Phase II) to the Fairville Boulevard Watermain Project. Respectfully submitted, Jodi Stringer- ebb, P.Eng. Municipal Engineer Wm. Edwards, P. ng. Commissioner Transportation and Environment 174 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2013 -150 June 27, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: 1n The City of Saint John SUBJECT: Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Storm Sewer Renewal and Road Reconstruction BACKGROUND The 2013 General Fund and Water & Sewerage Utility Fund Capital Programs include projects for the renewal of the municipal infrastructure on Loch Lomond Road from Russell Street to Westmorland Road, Westmorland Road from Loch Lomond Road to Civic #20 and on Atlantic Avenue. This work is being carried out in conjunction with the work the Province is undertaking as part of the One Mile Interchange project. At the May 13, 2013 meeting (M &C 2013 -97), Council authorized staff to proceed with a combined contract with the Province whereby the Province would include the City's portion of the work within their contract for the One Mile Interchange project. The Province proceeded to tender the combined scope of work as Contract 13 -0161: One Mile Interchange — Phase 4, Kanes Corner and Final Connections, Volume 1 and Volume 2. Volume 1 of the contract contains the Provincial portion of the work and Volume 2 contains the municipal portion of the work. The purpose of this report is to inform Council of the tender closing results and provide a recommendation regarding the approval of the award of the municipal portion of the work by the Province. TENDER RESULTS The tenders closed for this project on June 27, 2013 with the following results: 1. Dexter Construction $6,669,609.00 2. Fundy Contractors Limited $7,344,860.00 For the lowest compliant bidder, the tendered price for the municipal portion of the work (Volume 2) was $2,314,176.72, including HST. The Engineer's estimate for the municipal portion of the work (Volume 2) was $2,454,323.16, including HST. 175 M &C2013 -150 June 27, 2013 Page 2 ANALYSIS The tenders were reviewed by provincial staff and were found to be formal in all respects. Following the opening of the tenders and review by provincial staff, municipal staff reviewed the tenders for the municipal portion of the work. Municipal and provincial staff are of the opinion that the low Tenderer has the necessary resources and expertise to perform the work and would recommend acceptance of their tender. It is anticipated (subject to contractor schedules) that construction of this project will commence July 2013 and finish in November 2013. At the May 13, 2013 meeting, in M &C 2013 -97 Council resolved the following: a) Council agree to the following items outlining the City of Saint John's responsibilities for having the Province tender the municipal portion of the work in conjunction with the Provincial portion of the work for the One Mile Interchange Project tender are as follows: 1) Provide detailed engineering design drawings and particular specifications to the Province for the municipal portion of the work; 2) Provide construction inspection and material testing services for the construction of the municipal portion of the work; 3) Reimburse the Province for the direct costs for completing the traffic line painting and sign installation for the municipal portion of the work; 4) Provide a Project Coordinator to act as the primary contact for the Province; 5) Review the tender submissions and complete a budget analysis to determine if an adjustment in the scope of the municipal portion of the work is required; 6) Review submissions by the bidders that pertain to the municipal portion of the work during the tender period and provide the necessary approvals; 7) Once tenders have been opened, City staff will seek Council's approval prior to tender award by the Province; 8) Upon award of the tender by the Province, accept the assignment by the Province of the municipal portion of the work from the combined contract; 9) Prepare a standard form of contract in compliance with the City's current General Specifications; 10) Complete as -built drawings for the municipal portion of the work; 11) Acquire any land /easements required to complete the municipal portion of the work; and 12) Upon completion of the One Mile Interchange project, the City will take ownership of the traffic signals being constructed by the Province located at the Gilbert Street end of the overpass. b) Council consents to the responsibilities of the Province as follows: 1) Include the municipal portion of the work within the contract being tendered for the completion of the One Mile Interchange project; 2) Provide contract administration services for the municipal portion of the work at no additional costs to the City;176 M &C2013 -150 June 27, 2013 Page 3 3) Provide time for the City to review submitted tenders and perform a budget analysis on the municipal portion of the work. Allow for the adjustment of the scope of the municipal portion of the work to bring work within budget if required; 4) Provide time for the approval of Council of the municipal portion of the work prior to awarding tender; 5) Provide submissions by the bidders relative to the municipal portion of the work during the tender period to the City for review and approval; 6) Upon award of the tender, assign the work defined as the municipal portion to the City; and 7) Provide to the City a complete set of as -built drawings for the work undertaken by the Province on Loch Lomond Road, Russell Street, Atlantic Avenue, Thorne Avenue, Bayside Drive and for the traffic lights at the Gilbert Street overpass and Kane's Corner. c) The Assistant Common Clerk to provide a copy of the resolution as adopted by Common Council to the Minister of Transportation and Infrastructure. d) That the Mayor and Assistant Common Clerk be authorized to execute the appropriate documentation. Upon further review of the mechanics of how the assignment of the municipal portion of the Contract from the Province to the City will take place, it has been determined that the City will not actually be signing a contract with the successful Tenderer. The successful Tenderer will be signing a contract with the Province, who will then assign the municipal portion of the contract to the City. The documentation for this assignment will be between the City and the Province and will not involve a formal contract between the City and the successful Tenderer. As it is not necessary for the City to prepare a standard form of contract to be executed by the City and the successful Tenderer, it is appropriate that Council rescind the portion of the above resolution identified as item a) part 9. FINANCIAL IMPLICATIONS This project involves work that is to be charged against the 2013 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the combined Contract to the low Tenderer, an analysis has been completed which includes the estimated amount of work to be completed by the Contractor on the municipal portion of the work as well as by the utilities and City Forces. The analysis is as follows: Budget $ 2,891,000.00 Project net cost (municipal portion) $ 2,515,534.50 Variance (Surplus) $ 375,465.50 Staff would propose that $300,000 of surplus funding be allocated to the Millidgeville Storm Water Detention Pond project to supplement the current Gas Tax Funding allocation and allow the Storm Water Detention project to proceed to construcy." in 2013. M &C2013 -150 June 27, 2013 Page 4 INPUT FROM OTHER SOURCES This report has been reviewed with the City Solicitor's Office. RECOMMENDATION It is recommended that: a) The tendered price of $2,314,176.72 (including HST) as calculated based upon estimated quantities from the low compliant Tenderer Dexter Construction for Contract 13 -0161 One Mile Interchange — Phase 4 Kanes Corner and Final Connections Volume 2 — Loch Lomond Road Water, Sanitary and Storm Sewer Main Renewal and Road Reconstruction be accepted; b) Council authorize staff to notify the Province of this acceptance and approve the awarding of the work contained in Volume 2 of Contract 13 -0161 by the Province at the tendered price of $2,314,176.72 (including HST) as calculated based upon estimated quantities; and c) Council rescind the portion of the resolution identified as item a) part 9 from M &C 2013 -97 which was passed on May 13, 2013. d) Council approve the reallocation of $300,000 surplus funding from this project (Loch Lomond Road (Russell Street to Westmorland Road) — Water, Sanitary and Storm Sewer Renewal and Road Reconstruction) to the Millidgeville Storm Water Detention Pond Project. e) The City Solicitor's Office be directed in conjunction with the solicitors from the Department of Justice and Attorney General to prepare all necessary documents for the assignment of the work contained in Volume 2 of Contract 13 -0161; and f) The Mayor and Common Clerk be authorized to sign the assignment of contract or any other required document. Respectfully submitted, /Z�, ce:;z-7— - Kevin O'Brien, P. Eng. Municipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment 178 Brian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager June 27, 2013 Mayor & Council Subject: Fundraiser for Mispec Beach We find ourselves in the unfortunate situation where the headline act for the Mispec Fundraiser has a schedule conflict on 13 July 2013. I have check with Leisure Services for an alternative date which would meet the scheduling requirements of headline act. Therefore we are requesting Mayor & council approve 24 August 2013 as the alternate date at which time I will finalize the contract with Mr. Flynn. It is unfortunate but there is an easy solution to this predicament we find our selves in. Thank you for your assistance. John Campbell 177 King St. East Saint John E2L 1G9 639 -5567 179 The City of smut John June 28, 2013 Deputy Mayor Rinehart and Members of Common Council Deputy Mayor and Councillors: Subject: Fundy Region Services Commission Motion: That Council hear a presentation from a Regional Landfill representative and also appoint a representative to a committee that will be working on a new solid waste strategy for our region. Respectfully Submitted, Mel Norton Mayor City of Saint John (received via email) 4 elan, -%rr yotz 4N' ?' Ca. PA)x -; !�%71 &iik A jr s ;,1 t, A8 C n ,i 1L �� v4 +, v. 5cu. :�� t.c a I C.l"_ h 971 �i r ti ; ..d �, .i: .Canada U AU The City ofSaint]ohn July 2, 2013 Deputy Mayor and Councillors Subject: Department of Fisheries and Oceans ( "DFO ") Lease The Committee of the Whole, having met on July 2, 2013, adopted the following resolution: RESOLVED that Common Council approve the execution of the lease agreement with the appropriate terms and conditions as follows: a) To approve the submitted text of the Lease Agreement between The City of Saint John and Her Majesty the Queen in right of Canada, as represented by the Minister of Fisheries and Oceans, the text of which accompanies the General Manager of the Saint John Development Corporation correspondence in this matter to Committee of the Whole, dated June 25, 2013; and b) That the Mayor and Common Clerk be authorized to execute the Lease Agreement. Sincerely, Mel Norton Mayor SAINT JOHN P.O. Boat 1971 Saint John, N8 Canada ER 4478h tvwxsajntjohnxa I C.P. 1971 &oht jahn,1,!A. Canada E2L 411 June 24, 2013 DFO LEASE AGREEMENT SUMMARY Parties Lessor — The City of Saint John Lessee — Her Majesty the Queen in right of Canada as represented by the Minister of Fisheries and Oceans Section 1 - Leased Lot 2008 -2 on Plan No. 29301794 including all Buildings Premises • Excludiny 4th Floor of Administration Building and 20' 20' a x storage area on the 1 Floor Administration Building • Also excluding the vehicle parking lot on Lot 2008 -2 • Lessor agrees to share use of lunch room on 4th Floor of Administration Building, and pending availability, use of the boardroom and training room Section 2 - Term Received rent payment for 1" nine months ($243,000) to coincide with Federal fiscal year -end • Lease term - 4 years 3 months beginning April 1, 2013 • Lessee may terminate Lease anytime on or after December 31, 2015 upon 6 months notice Section 3 - Rent • $320,000 /year plus HST beginning April 1, 2013 to June 30, 2015 • $329,600/year plus HST from July 1, 2015 to June 30, 2016 • $339,488/year plus HST from July 1, 2016 to June 30, 2017 Section 4 - Taxes • Lessee responsible for taxes attributable to the Leased Premises + Lessee responsible for water /sewer rates applicable to the Leased Premises • Lessee responsible for paying both the provincial and municipal property tax rates applicable to any private owner • Lessee responsible for taxes levied under the Business Improvement Area By -Law attributable to the Leased Premises Section 5 a Lessee may assign the Lease or sublet the Leased Premises with the Assignment prior consent of the Lessor, such consent not to be unreasonably withheld Section 6 — Holding • if Lessee holds over, tenancy becomes month to month Over Section 7 - Services • Lessee to provide for, at its own expense, those services and equipment and Equipment necessary for the use of the Leased Premises, including water, heat, electrical power, cleaning and maintenance services, etc. • Lessor and Lessee agree to split the cost of snow clearing on a 50/50 basis • Lessee is responsible for maintenance, repair, upkeep and operation of the Leased Premises, both interior or exterior summary of lease 24june2013 _2- Section 8 — Signage Current signage and flag display is acceptable to the Lessor and Lessee, and Flag Display any changes to be at Lessee's expense Section 9 - Default • Default by Lessee continuing more than one month entitles Lessor to re- enter the Leased Premises and terminate the Lease Section 10 — If Leased Premises are damaged such that they are no longer fit for Destruction of Building or Leased occupancy, the Lessee may terminate the Lease; if Lessee elects to repair, rent shall abate during the repair period Premises Section 11 - indemnity . Lessor agrees to indemnify the Lessee from any claims arising out the Lessor's negligence Section 12 — Lessor's • Section 12(3)(b) — Waiver of subrogation rights have been removed at the Insurance request of the City Insurers Section 13 - Laws Lessor to comply with all applicable laws Section 14 — Lessee will maintain the premises in the state of repair that is not less than Standards of Repair the state of repair that exists at the commencement of the lease Section 15 — Lessee's « Lessee may make improvements to the Leased Premises Improvements • Lessee can require the Lessor to carry out the Lessee's improvements, in accordance with Terms and Conditions attached as Schedule "B" to the Lease Section 16 — Yielding Lessee may remove any improvements, fixtures it has installed or made or Up may elect to leave them behind Lessee must remove its chattels Section 17 — Set -Off . Gives Lessee right of set -off as required by the Federal Financial Administration Act Section 18 — • Encumbrance Holders Lessor agrees to obtain non - disturbance agreements from any prior registered encumbrance holders Section 19 - Notices • City to approve and authorize the Saint John Development Corporation (SJDC) to administer the lease on behalf of the City of Saint John • The notice provision will be amended to include SJDC Section 20 - General • Disputes submitted to arbitration pursuant to New Brunswick Arbitration Act • Specifies Federal government security clearance requirements for the Lessor and its employees summary of lease 24june2013 Og 11 1 Nwd . . . . . . . . . . . OF ltmlwt� 0 C's t: r . � ` \� �• .: fit; p. kr Ar ap - NIL 0�, r AW lap IL jo June 24, 2013 ©FO LEASE AGREEMENT SUPAIMARY Parties Lesser — The City of Saint John Lessee — Her Majesty the Queen in right of Canada as represented by the Minister of Fisheries and Oceans Section 1 - Leased Lot 2008 -2 on Plan No. 29301794 including all Buildings Premises G Excluding 4h Floor of Administration Building and a 20'x 20' storage area on the 1 Floor Administration Building Also excluding the vehicle parking lot on Lot 2008 -2 • Lessor agrees to share use of lunch room on 0 Floor of Administration Building, and pending availability, use of the boardroom and training room Section 2 - Term . Received rent payment for 1" nine months ($243,000) to coincide with Federal fiscal year -end • Lease term - 4 years 3 months beginning April 1, 2013 • Lessee may terminate Lease anytime on or after December 31, 2015 upon 6 months notice Section 3 - Rent . $320,0001year plus HST beginning April 1, 2013 to June 30, 2015 $329,600/year plus HST from July 1, 2015 to June 30, 2016 • $339,488/year plus HST from July 1, 2016 to June 30, 2017 Section 4 - Taxes . Lessee responsible for taxes attributable to the Leased Premises • Lessee responsible for water /sewer rates applicable to the Leased Premises Lessee responsible for paying both the provincial and municipal property tax rates applicable to any private owner • Lessee responsible for taxes levied under the Business Improvement Area By-Law attributable to the Leased Premises Section 5 - • Lessee may assign the Lease or sublet the Leased Premises with the prior Assignment consent of the Lessor, such consent not to be unreasonably withheld Section 6 — Holding . If Lessee holds over, tenancy becomes month to month Over Section 7 - Services O Lessee to provide for, at its own expense, those services and equipment and Equipment necessary for the use of the Leased Premises, including water, heat, electrical power, cleaning and maintenance services, etc. 0 Lessor and Lessee agree to split the cost of snow clearing on a 50/50 basis s Lessee is responsible for maintenance, repair, upkeep and operation of the Leased Premises, both interior or exterior summary of lease 241une2013 -2- Section 8 — Signage and Flag Display . Current signage and flag display is acceptable to the Lessor and Lessee, any changes to be at Lessee's expense Section 9 - Default m Default by Lessee continuing more than one month entitles Lessor to re- enter the Leased Premises and terminate the Lease Section 10 — If Leased Premises are damaged such that they are no longer fit for Destruction of Building or Leased occupancy, the Lessee may terminate the Lease; if Lessee elects to repair, rent shall abate during the repair period Premises Section 11 -indemnity . Lessor agrees to indemnify the Lessee from any claims arising out the Lessor's negligence Section 12 — Lessor's . Section 12(3xb) — Waiver of subrogation rights have been removed at the Insurance request of the City Insurers Section 18 - Laws . Lessor to comply with all applicable laws Section 14 — • Lessee will maintain the premises In the state of repair that is not less than Standards of Repair the state of repair that exists at the commencement of the lease Section 15 —Lessee's 9 Lessee may make improvements to the Leased Premises Improvements . Lessee can require the Lessor to carry out the Lessee's improvements, in accordance with Terms and Conditions attached as Schedule "B° to the Lease Section 16 —Yielding a Lessee may remove any improvements, fixtures it has installed or made or Up may elect to leave them behind Lessee must remove its chattels Section 17 — Set4)ff . Gives Lessee right of set-off as required by the f=ederal Financial Administration Act Section 18 — Encumbrance Holders + Lessor agrees to obtain non - disturbance agreements from any prior registered encumbrance holders Section 19 - Notices City to approve and authorize the Saint John Development Corporation (SJDC) to administer the lease on behalf of the City of Saint John 01 The notice provision will be amended to include SJDC Section 20 - General Disputes submitted to arbitration pursuant to New Brunswick Arbitraffon Act • Specifies Federal government security clearance requirements for the Lessor and its employees summary of lease 24}une2013 LEASE I. cosumd Pmnuism—_._--,,,~. 2. Temm--.^----.--- —~------'2 3. Rent ............................. � ~~--~--^—_—�-------^------'2 4. Taxes ....... -----'--~^--~—^--~'3 S. AssignmeaL '—_------.-- 3 6. Holding Over. 4 7. Serviowuud ----------~—''--'^----'~ 8- SiSOAP and Flag Display � ��b��_-- -------^^^^—~----''5 10. o*mucd �� uon[�ngvrIewsw premism �'-----------'-----''° 11' ___ ._�-------'—^--'^'^'--° 12. zaomea�nuuume--'_--.~~ ------'------^---''' 1s. l�nm...~..--------^'----. ------'-----~-----' 1� m*ou�p�uf��u�______.`,__._------------^^'--~---.w l5' z�a�� -----''^^--'—~------.w 16. ' —.--~_--`---' _------�_--~--'—^^— ^ --. ' --'--'----'' ° —^~^~-- v 1t set-off .......................................... --^----''^—''' ----^'` lU 19. Encumbrance Holden 19. Notioes ---,^_ --'---'--'--__m --^----'~— -----'~—.. -- General lO ~--'--^^-------~^~--~'---''�----,'—.—.o Signatures -.'^..^^—_.-----~----...—_—.^^-----_—__..13 Schedule "All of Lands Schedule "A-1" — --------_.--.^— �---''-- �a nm�umo�r'noo�mmx�u�unn a��*�� m��*mxm—� m�*m�,c, ~~°�°�°~�""u»n ^^ b�umw�um�_--^___z� Appendix �' --------'—~—' ~^ � — ~ ���2'm��� ' —' --A�mxd�o'mnedo�uu��xu�m�ovo mm = ' __'—'_ CUNIAINS 31 Ax- THIS LEASE made BETWEEN: IMW THE CITY OF SAINT JOHN, a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick hereinafter called the "Lessor "; HER MAJESTY TDX QUEEN in right of Canada as represented by the Minister of Fisheries and Oceans hereinafter called the "Lessee ". WHEREAS the Lessor is the owner of the Lands commonly known as Lot 2008 -2, and depicted on a Subdivision Plan entitled, "H_Mv In Right of Canada ", dated June 10, 2010, approved by the Development Officer for the City of Saint John on the 24th day of September, 2010 and filed in the Registry Office for the County of Saint John as Plan number 29301794 on October 1, 2010 ( "the Plan's attached hereto to as Schedule "A -1" (the "Lands"). AND WHEREAS the parties hereto have agreed to enter into this Lease. NOW THEREFORE in consideration of the rents, covenants and agreements hereinafter reserved and contained, the parties hereto hereby covenant and agree each with the other as follows: LEASED EKBUSES The Lessor hereby leases to the Lessee: The Lands, known as Lot 2008 -2 on Plan number 29301794, PID Number 55209159 including all buildings ( "Buildings`% structures and improvements. thereon (together the "Leased Premises'l which the Lessee accepts in its, "as is" condition. The Leased Premises, do not include the fourth (4th) floor of the Administration Building and also do not include a 20 foot by 20 foot storage area of the fust (1 st) floor of the Administration Building and also do not include the vehicle parking lot on the Lands. The Lessor is agreeable to the shared use of the hunch room on the fourth floor of the Administration Building and in addition, pending availability, the use of the boardroom and training room will be permitted. TOGETHER with the right of ingress and egress for the Lessee's employees, servants and agents, customers and invitees, and the use of elevators, entrances, lobbies, hallways, stairways, driveways, common loading and stopping areas in and about the Lands and Buildings, hereinafter called the "common areas ". To hold tho premises for a term of four (4) years and three (3) months commencing on the first (1 ") day of April, 2013 with the Lessor granting the Lessee the Right to Terminate this Lease at any time on or after the thirty -first (31st) day of December 2015, by the Lessee serving to the Lessor at least six (6) months prior written notice, such notice may be served at any time. The Lessee shall pay rent to the Lessor, subject to the provisions of this Lease, prorated for the period April 1, 2013 to June 30, 2015 the sum of Three Hundred Twenty Thousand 00/100 Dollars ($ 320,000.00) per annum, plus applicable takes, payable in monthly instalments of Twenty Six Thousand Sias Hundred Sixty Six and 67/100 Dollars ($26,666.67) each, on the last day of each and every month during the period noted. The Lessee shall pay Tent to the Lessor, subject to the provisions of this Lease, for the period July 1, 2015 to June 30, 2016 the sum of Three Hundred Twenty Nine Thousand Six Hundred Dollars ($329,600.00) per annum, plus applicable taxes, payable in monthly instalments of Twenty Seven Thousand Four Hundred Sixty Six and 67/100 Dollars ($ 27,466.67) each, on the last day of each and every month during the period noted. Page 12 U41 N The Lessee shall pay rent to the Lessor, subject to the provisions of this Lease, for the period July 1, 2016 to June 30, 2017 the sum of Three Hundred Thirty Nine Thousand Four Hundred Eighty Eight Dollars ($ 339,488.00) per annum, plus applicable taxes, payable in monthly instalments of Twenty Eight Thousand Two Hundred Ninety and 67/100 Dollars ($ 28,29A67) each, on the last day of each and every month during the period noted. 4. TAXES The Lessor shall pay ail taxes, rates, duties, assessments and levies whatsoever now or hereafter levied upon the Lands and Buildings, or either of them, or any part thereof, saving and excepting the Leased Premises arising out of any use or occupation of the Lands and Buildings, payable by the Lessor including, without limiting the generality of the foregoing, all municipal taxes for local improvements and/or works assessed upon the property benefited thereby and all school, business, occupancy taxes including, water piping and sewerage piping installation taxes. The Lessee shall pay all taxes, rates, duties, assessments and levies whatsoever now or hereafter levied upon the Leased Premises, or either of them, or any part thereof, or arising out of any use or occupation of the Leased Premises, payable by the Lessee including, without limiting the generality of the foregoing, all municipal taxes for local improvements and/or works assessed upon the property benefited thereby and all school, business, occupancy taxes, water piping and sewerage piping installation taxes. The Lessee shall pay all water and sewerage rates applicable to the Leased Premises and any tax assessed under the Business Improvement Area By -Law. "TAX ", means the Lessee's proportionate share of the real property taxes for the term of the Lease assessed against the Lands including the provincial real property taxes and the amount equal to that portion of the municipal real property taxes not including any interest for late Payment, levied and assessed against the Lands and Buildings under Sections 5(1), 5(2), and 5(2.01) of the Real Property Tax Act, S.N.B., c. R -2 as amended or enacted in lieu thereof by any owner thereof, other than by Government, being Federal, Provincial or Municipal, for the term of the Lease. (To be confirmed by City Solicitor). (1) (a) The Lessee shall pay to the Lessor, in addition to rent, an amount equal to the TAX, for that portion of the Lessee's occupancy, subject to and within (ninety) 90 days next following delivery by the Lessor to the Lessee of evidence reasonably satisfactory to the Lessee that, as of the date of such delivery, all TAX due and payable has been paid, or if TAX for any subsequent TAX year is paid by the Lessor in instalments, pursuant to any schedule of payment by instalments that is proscribed by a taxing authority, the Lessee shall pay to the Lessor, in addition to rent, an amount equal to the excess TAX, if any, applicable to each instalment of TAX paid by the Lessor during a subsequent TAX year subject to and within ninety (90) days next following delivery by the Lessor to the Lessee of evidence reasonably satisfactory to the Lessee that the amount of the instalment of TAX due and payable has been paid. (b) The Lessor shall pay to the Lessee an amount equal to the TAX reduction, if any, for each subsequent TAX year, within thirty (30) days next following the end of such subsequent TAX year. (e) Notwithstanding paragraph (a) of this sub clause, no amount in respect of excess TAX for a subsequent TAX year, whether TAX is paid by the Lessor annually or in instalments, shall be payable by the Lessee unless the Lessor shall have delivered to the Lessee, not later than twelve (12) months immediately following the end of a subsequent TAX year, evidence reasonably satisfactory to the Lessee that all TAX due and payable has been paid. Page j 3 11 (2) (a) The Lessee shall have the right and privilege, if acting in good faith, in ss the name of the Lessor, but at the Lessee's own expense, of contesting or appealing any assessment or of applying for a reduction of the amount of any tax, rate, levy, duty or assessment. To this end and for all purposes hereunder, the Lessor agrees to execute any instruments reasonably required by the Lessee, to co- operate fully with the Lessee in all ways, and upon receiving any assessment notices relating to the Building, to forthwith send a copy thereof to the Lessee. (b) The Lessor shall also have the right and privilege, if acting in good faith, of contesting or appealing any assessment or of applying for a reduction of the amount of any tax, rate, levy, duty or assessment, and the Lessor may take such action in the Lessor's name, or if required and Upon agreeing to indemnify the Lessee in respect of such action and all costs relating thereto, in the name of the Lessee, and the Lessee hereby agrees to join in such proceedings. (c) Notwithstanding anything to the contrary which may be contained elsewhere in this Clause, whenever any rebate is made to the Lessor from a taxing authority as a result of a contestation or application pursuant to paragraph (a) or paragraph (b) of this sub clause, if any portion of the rebate is part of the TAX, with respect to the TAX base year or any subsequent TAX year, then the Lessor shall promptly pay to the Lessee a sum equal to the amount of the TAX portion of the rebate, and in default of payment thereof, the .Lessee shall be entitled to deduct the same from the rent or any other amount payable hereunder by the Lessee to the Lessor. 5. ASSIGNMENT 6. The Lessee may assign this Lease or sublet the Leased Premises or any part thereof with the consent of the Lessor. Such consent shall not be unreasonably withheld. If upon the expiration of the Term, as the same may have been extended, or upon other termination thereof, the Lessee holds over the L.essed Premises without any express agreement as to an extension, a tenancy from year to year shall not be created by implication of law, but the Lessee shall be a monthly tenant only at it monthly rent equal to the instalments of rent hereby reserved and otherwise on the same terms and conditions set forth in this Lease insofar as the same are applicable to a month to month tenancy. 7. SERVICES AND EQUIPMENT (1) The Lessee shall, at all times during the Term, at the Lessee's own expense provide for and to the Leased Premises, maintain, and as appropriate, install and keep in good repair' and operating condition: (a) a constant supply of domestic hot and cold water to all washbasins, sinks and showers; (b) potable drinking water by means of a refrigerated potable water dispensing unit, in locations as determined by the Lessee; (c) ail heat, ventilation, air conditioning, air circulation and humidity control required in and for the Teased Premises; (d) lighting and all electrical power required on the Leased Premises except as herein specifically otherwise provided, and, as lamps, bulbs, ballasts and fuses wear out replacement thereof; (e) a fire alarm system for use in emergency situations; M an auxiliary supply of electricity and power for emergency services and systems throughout the Building, whenever a failure in the normal supply of electricity and power occurs; Page': 4 12 (g) a constant supply of all dispensary items and deodorant blocks and all maintenance and repairs from time to time required to keep lavatory and toilet room equipment and accessories in good operating condition in locations as determined by the Lessee; (h) removal of ice and snow from all outside areas and the roadways, walks, steps and fire escapes leading to and from the Building, roadways, walks, steps and fire escapes to be kept, at all times, free and clear of snow and ice (the Lessor and the Lessee agree to have the cost for snow - clearing split on a 50/50 basis, with each party paying their portion of the cost); (i) except for the fourth floor and storage space and vehicle parking lot, all maintenance and repairs required to keep the common areas at all times clean, tidy, free and clear of any refuse, garbage, waste products and, obstructing materials whatsoever, and in good condition and repair; 0) where available, removal of garbage and recyclable materials from the Leased Premises whenever and so often as may be necessary and, in any event, not less often than once daily, to keep the Leased Premises at all times neat, tidy and free and clear of any refuse, garbage, waste products and obstructing materials whatsoever; (k) all labour and materials for the cleaning of the Leased Premises, the Lessee's Improvements and the furnishings therein, and the common areas and the Lessee shall, at all times during the Term, clean the said Leased Premises, Lessee's Improvements and furnishings, windows and common areas and keep the same clean and free of dust and dirt and maintain the grounds forming part of the Lands in the manner as determined by the Lessee; (l) all elevator service required with one or more elevators in operation and available for use at all times, throughout each and every hour of each and every day of the term and the remainder of which shall be in operation daily at all times throughout the period from 00:00 to 24:00 hours in each and every day; (m) window and floor coverings and replacement thereof whenever required by reason of wear and tear as determined by the Lessee; (n) safe and convenient access for persons with disabilities to and from the Lands, the Building and the Leased Premises and the facilities for the use of persons with disabilities situated in and out of the Leased Premises as determined by the Lessee; (2) The Lessee's normal hours of operation are at all times throughout the period from 00:00 to 24:00 hours in each and every day. mss indicated in paragraph (c) and (d) of sub clause (1) above shall be provided, to the Local Area Network mom (LAN) teem and telecommunications spaces on a twenty -four (24) hour per day seven (7) day per week basis. (3) The Lessor shall permit the Lessee, with prior consultation with the Lessor as to the location and physical attachment, to install, operate and maintain telecommunications and radio antennae and a satellite receiving dish (hereinafter called the equipment) on the roof of the Building in accordance with the terms and conditions set forth in the document hereto attached and marked as Schedule "C" Roof Mounted Equipment and forming part of this lease. (4) Notwithstanding any other provision of this Lease and for greater certainty the Lessee acknowledges and confirms that the Lessor shall have no responsibility or liability for any maintenance, repair, upkeep or operating condition for any part of the Leased Premises whether exterior or interior, all of which shall be at the sole expense of the Lessee, save and except the fourth floor and storage area on the first (110) floor of the Administration Building and the vehicle parking lot. & SIGNAGE AND FLAG DWLA.Y The signage and flag display as currently exists in the leased premises has been deemed to be satisfactory to the Lessee. Any modifications, repairs, and/or replacement will be at the expense of the Lessee, save and except the fourth floor and storage area and the parking lot. Page 15 1 9. bEFAULT (1) (a) If the Lessee shall make any default in payment of rent hereby reserved or in the Performance of any other of the Lessee's covenants under this Lease, and such default continues for one calendar month, the Lessor may give to the Lessee a notice in writing requiring the Lessee to remedy such default within a period of thirty days from and after the date of service of such notice; and (b) if the Lessee shall fail to remedy such default within such period of thirty days or longer period as may be reasonably necessary in view of the nature of the default, the Lessor may, in addition to its other rights at law, enter upon and take possession of the Leased Premises or any part thereof in the name of the whole and repossess and enjoy same as of its former estate, and the Term hereby granted shall thereupon cease and terminate. (z) (a) The Lessor covenants and agrees that as and when they become due, the Lessor will make all payments on account of any mortgages, liens, taxes, charges and other encumbrances upon the Lands and Buildings, and will protect and indemnify the Lessee against all loss or damage which the Lessee may sustain by reason of any action which might be taken under or in respect of any mortgages, liens, taxes, charges and other encumbrances, and (b) if the Lessor makes any default in the payment of any amount due or interest under any mortgage or encumbrance or in respect to taxes, or is in default in respect of any covenants and obligations under any mortgage, lien, charges or other encumbrance affecting the Lands and Buildings, the Lessee may, but shall not be obliged to make such payment, or to remedy any such default, and (c) the Lessee shall be entitled to deduct from the rent or any other amounts payable under this Lease by the Lessee to the Lessor any such payments and all costs and expenses incurred by the Lessee in remedying any such default (3) In the event that the Lessee shall deliver to the Lessor written notice of default in the performance of any of the Lessor's covenants under this Lease, and the Lessor shall fail to remedy, or commence to remedy such default within a period of time determined to be reasonable by the Lessee as the circumstances warrant, then and in any and every such event, the Lessee may, without further notice to the Lessor, take such steps as may, in the sole judgment of the Lessee, be necessary to remedy such default and, without limiting any of the Lessee's remedies at law or in equity, all costs and expenses incurred by the Lessee in remedying any such default of the Lessor shall be charged to and paid by the Lessor and, if the Lessor fails to pay such costs and expenses on demand, the Lessee shall be entitled to deduct same from the rent or any other amounts payable under this Lease by the Lessee to the Lessor. 10. DESTR CTION F BUILDING OR LEASED PRENUSES If, during the Term, the Building or the Leased premises or any part thereof shall be damaged or destroyed by fire or by any other cause whatsoever and where the Lessee, acting reasonably and in conadtarion with the Lessor and based on the advice of its engineers and architects, is of the opinion that the Leased Premises is rendered wholly or parWy unfit for occupancy, the following provisions will have effect: (a) Where the Lessee is of the opinion that the Leased Premises is incapable of being repaired within a period of time acceptable to the Lessee, then the Term shall cease and be at an end and the Lessee shall surrender and yield up possession of the Leased Premises effective on and from the date of such destruction or damage. (b) Where the Lessee is of the opinion that the whole of the Leased Premises is rendered unfit for occupancy, the rent hereby reserved shall not run for the period commencing on the date of the happening of such destruction or damage and ending on the date of completion of all repairs, as aforesaid. Page 16 14 (c) Whore the Lessee is of the opinion that only a portion of the Leased premises is rendered unfit for occupancy and the Leased Premises are capable of being partially occupied, the rent hereby reserved shall abate by a proportionate amount of the annual rent, in the same ratio as the portion of the Leased Premises rendered unfit for occupancy bears to the whole, calculated on a daily basis, based on a 365 day year, and such Proportionate amount shall be adjusted to take into consideration, among other things, the type of space rendered unfit for occupancy, the degree to which the Leased Premises capable of being partially occupied can be effectively used and the degree to which the provisions of the Lease can be observed and performed, for each and every day of the period commencing on the date of such destruction or damage and ending on the date of completion of all repairs, as aforesaid. (d) Where the Leased Premises is rendamd wholly unfit for occupancy and, within ten (10) days nerd following the giving of the Lessee's notice, referred to in paragraph (b) herein, the Lessor gives written notice to the Lessee that by reason of matters specified in such notice over which the Lessor has no control and that are not caused by the fault of the Lessor, such damage or destruction cannot with reasonable diligence be repaired within the period of time specified in the Lessee's notice, then and in any such event the Provisions of paragraph (a) herein shall apply. 11. ME1VINTTY The LeSSor shall indemnify and save harmless the Lessee from and against all claims, actions, causes of action, loss, damage, expense and costs, whatsoever, made by any person, arising out of or resulting directly or indirectly, by reason of the Lessor's negligence, from (a) the performance by the Lessor of any of its covenants under this Lease, (b) any default of the Lessor in the performance of its covenants under this Lease, and (c) the remedying of such default by the Lessor, by the Lessee or by any other person, 12. LESSOR'S INSURANCE (1) During the Term of the Lease, the Lessor shall at its expense, secure and maintain in force insuranoc coverage on and with respect to the Building, which coverage shall inhale the following: (a) Property "All Risks Insurance" for the full reconstruction value of the Building, excluding Leasehold Improvements; (b) Loss of Reatal Income Insurance coverage on the rental income derived by the Lessor from the Building with a period of indemnity of not less than the period which would be required to rebuild and, if necessary, to m- tonant the Building in the event of the complete destruction thereof, (c) Boiler and Machinery Insurance: This insurance provided shall have limits of not less than the repair or replacement and rental income, if applicable; (d) Commercial General Liability insurance with limits which a prudent Lessor of a similar building would maintain, but in any case with a limit of liability of not less then $2,000,000.00 per accident or occurrence in or for the Building and the Lands related or adjacent thereto, including the following extensions: owners and Contractors protective, limited pollution coverage endorsement, products and completed operations, personal injury; occurrence basis property damage and blanket contractual (e) such other insurance coverage which is or may become customary or reasonable for owners of buildings similar to the Building to carry in respect of loss of, or damage to, the Building or liability arising therefrom. (2) (a) The insurance referred to in Clause 12 shall be carried in the amounts as stipulated therein; and otherwise as determined reasonably by the Lessor, subject to reasonable deductibles, as would a prudent owner of a commercial property similar to the Building. Page ' 7 15 (b) against the Lessee except for losses caused by the willful or enee of the Lessee. The Lessor hereby waives its ri against the Lessee, its employees and those for who M in law responsible with respect to occurrences required (c) If such insurance is not obtainable by the Lessor for any reason, the Lessee shall have the right (but not the obligation) to attempt to obtain such inset nce on behalf of and in the name of the Lessor and at the Lessor's sole responsibility. Such responsibility may be discharged, at the Lessee's sole discretion, by deduction from the rent or another amount payable under the Lease by the Lessee to the Lessor. (d) The Lessor shall provide to the Lessee, within a maximum period of thirty (30) days, a certificate of insurance evidencing the insurance coverage to be maintained by the Lessor. The delivery to the Lessee of a certificate of insurance or any review thereof by or on behalf of the Lessee shall not limit the obligation of the Lessor to provide and maintain insurance as required herein. (e) The insurance policies referred to berein shall not be cancelled or materially changed without at least thirty (30) days' prior written notice given to the Lessee, (f) All policies of insurance shall be secured with an insurance company licensed to sell commercial insurance under the laws of the Province or Territory of Canada. (g) The Lessor acknowledges and agrees that, if it fails to obtain and maintain in force any of the insurances required to be obtained by the Lessor, then the Lessor shall indemnify the Lessee in respect of any losses as a consequence of such failure. 13. LAWS The Lessor shall, at its cost, fully comply with and fulfill the provisions and requirements of an applicable Statutes, Regulations, By -laws, Rules, Orders and Instructions relating to the lands, the Building and the Leased Premises. 14. STANDARDS QF ILE.PAIR (1) Consistent with historical investments, and recognizing the short term of this lease, the Lessee at its sole expense covenants as follows: (a) to render the Leased Premises in a good and tenantable state of repair, ready for use and occupancy at the Lease Commencement Date; (b) at all times during the Term, to maintain the Leased Premises in a good and tenantable state of repair, and (c) in accordance with written notice received from the Lessor, to promptly make good any defect and want of repair. (2) Notwithstanding sub clause 14(1) what constitutes good and tenantable state of repair shall be at the sole discretion of the Lessee, but not less than the state of current repair at commencement of this lease. (3) Subject to the Lessee's normal security requirements and reasonable prior notice, the Lessee shall permit the Lessor or the Lessor's authorised agent at all reasonable times to enter for the purposes of examining the state of repair of the Leased Premises and making repairs thereto, (4) The Lessor shall provide the Lessee's representative with a current list of names, telephone numbers and addresses of the Lessor's employees, servants and agents who may be contacted at any time in the event of emergency or failure of any service to be provided by the Lessor, as herein specified, for the purpose of retaking repairs as may be required or to restore such service. Page 18 16 �_� 15. LESSEE'S JWROyyjMW S (1) (a) Subject to the provision of sub-clause (1)(b) hereof, the Lessee shall be entitled, at any time prior to or during the Term, to make, or to have made, (i) by the Lessor, pursuant to sub - clause (2) hereof and/or (ii) by any independent contractor, pursuant to any agreement which may be entered into by and between the Lesscc and such contractor, such improvements in and to the Leased Premises, the appurtenances thereof and facilities therein, as will in the judgment of the Lessee better adapt the Leased Premises to the uses of the Lessee, and if any such improvements are to be made by any independent contractor, the Lessor shall, for such purpose, permit such contractor, the contractor's subcontractors and their respective employees, servants and agents to enter the Lends, the Building and the Leased premises, (b) No changes, alterations, additions or improvements to any of the heating, air conditioning, electrical and plumbing systems, roof and hearing walls of the Building shall be made without the prior written consent of the Lessor. Such consent shall not be unreasonably withheld. (2) (a) If the Lessee elects to have the Lessor carry out Lessee's Improvements to the Leased Premises, the Lessor hereby covenants, in the manner provided in and as set forth in the Schedule entitled "Terms and Conditions Applicable to the Lessee's Improvements" and forming part of this Lease, to undertake and complete the Lessee's Improvements in any part of the Leased Premises as may be required by the Lessee prior to and during the Tenn of the Lease, and for such purpose to enter into one or more "Sub - agreement(s) for Lessee's Improvements" with the Lessee. (b) Pursuant to suh- clause (2)(a) hcreot the Sub-agroement(s) for Lessee's improvements shall be prepared by the Lessee at the Lessee's expense and shall be executed by the Lessor and the Lessee. lb. YIELDING UP (1) Upon expiration of the Term, as the same may have been extended, or upon other termination thereof, the Lessee may elect to remove any or all changes, alterations, additions and improvements incorporated into and made part of the Teased Premises, whether made by the Lessee or made on the Lessee's behalf, or may elect to leave any or all of the said changes, alterations, additions and improvements. In the event that any property belonging to the Lessor is damaged as a result of the Lessee's removal of any or all of the changes, alterations, additions and improvements (including cabling), the Lessee shall either pay to the Lessor such compensation in respect thereto that represents the reasonable cost of repairing such damage, or shall repair the same. (2) Upon the expiration of the Term, as the same may have been extended, or upon other termination thereof the Lessee shall remove any or all chattels installed by the Lessee or on the Lessee's behalf at the Leased Premises including, without limiting the generality of the foregoing, all furniture, equipment, drapes and drape mountings, rugs and decorative items which are hereby deemed to be the Lessee's property and, in the event that any property belonging to the Lessor is damaged as a result of the Lessee's removal of the chattels, the Lessee shall either pay to the Lessor compensation in respect thereto that represents the reasonable coat of repaidug the damaged property, or shall repair the same. (3) The Lessee shall yield up the Leased Premiers at the expiration of the term, as the same may have been extended, or upon Ater termination thereof , together with such improvements, as the Lessee has elected to leave, in good repair, reasonable wear and tear, damage from fire, storm, tempest and other casualty, removal of alterations excepted, and, subject only to the provisions of sub clause (1) and (2) above, the Lessee shall not be liable for any costs, dimet or indirect, arising out of, or connected to the restoration or repair of the Leased Premises. Page 19 17 37. SET- Without restricting any right of set-off given or implied by law, the Lessee fray set -off against the rent, or against any other stun payable hereunder by the Lessee to the Lessor, any amount payable by the Lessor to the Lessee hereunder or under any other Lease or contract, and without restricting the generality of the foregoing, the Lessee may, when making payment of the rent or of any other sum, withhold any amount which is then payable to the Lessee by the Lessor under this Lease or which, by virtue of the right of set -oil, may be retained by the Lessee. 18. ENCUMBRANCE HOLDERS The Lessor hereby agrees to acquire from each and every encumbrance holder registered on title in priority to the Lessee's interest, a nondisturbaure agreement in favour of the Lessee's Lease interest as follows: (a) consent to the granting of this Lease upon the terms and conditions herein set forth, (b) confirm that the Mortgage has not been amended and that there has been no default by the Lessor, as mortgagor under the Mortgage, of any of the covenants and agreements of the mortgagor contained in the Mortgage, and the Mortgagee waives any such default arising prior to the date hereof, and (c) agree that in the event of any default by the Lessor as mortgagor under the Mortgage, and the enforcement by the Mortgagee of its rights, or any of them under the Mortgage by reason of such default, the Mortgagee shall recognize this Lease and not disturb the Lessee and the Lessee's rights under this Lease. provided, only, that if, by reason of any such enforcement by the Mortgagee of such rights under the Mortgage, the Mortgagee becomes lawfully entitled to have the Lessee atsom to the Mortgagee, as Lessor, by operation of law, and gives written notice thereof to the Lessee, the Lessee shall so attom to the Mortgagee. 19. NOTICES Any notice, demand, request, consent or other instrument which may be or is required to be given under this Lease shall be delivered in person or sent by registered mail postage prepaid and shall be addressed to: (a) in the case of the Lessor, to: The City of Saint John P.O. Box, 1971 Saint John, N.B., E2L 4L1 Attention: Common Clerk and The City of Saint John P.O. Box 1971 Saint John, N.B., E2L 4L1 Attention: Commissioner of Finance and Administrative Services (b) in the case of the Lessee, to: 50 Discovery Drive P.O. Box 1000 1 B.P. 1000 Dartmouth, NS, B2Y 3Z8 Attention: Manager, Facilities Management, RPSS Any notice, demand, request consent or other instrument shall be deemed to have been given on the day upon which it is delivered in person, or, if mailed, then seventy two (72) hours following the date of mailing, as the case may be. Either party may give written notice of any change of address in the manner specified above, and thereafter the new address shall be deemed to be the address of that party for the giving of notices. If the postal service is irdenvpted or is substantialty delayed, any notice, demand, request, consent or other instrument shall be delivered in person. Page110 18 20. GENERAL (a) The Lessor and the Lessee acknowledge that there are no covenants, representations, warranties, agreements or conditions, expressed or implied, collateral to or otherwise forming part of or in any way affecting or relating to this Lease save as set out in the Lessor's Offer to Tease, the Lessee's Acceptance of the said offer, and this Lease constitutes the entire agreement between the Lessor and the Lessee and shall not be modified except by a subsequent agreement in writing of equal formality executed by the parties. (b) Upon the Lessee paying the rents and performing the covenants provided herein on Her part to be paid and performed, the Lessee shall and may peaceably and quietly enjoy the Leased Premises during the term without molestation, hindrance or disturbance from or by the Lessor or any person or persons claiming through or under the Lessor. (c) A waiver by the Lessee of any breach of any of the Lessor's covenants hereunder shall not affect or prejudice the rights of the Lessee in respect of any future or other breach of covenant by the Lessor. (d) If any dispute or question shall arise between the patties hereto during the term thereof; and any extension, as to any matter arising hereunder which the parties are unable to resolve by agreement, the same shall be determined by a single Arbitrator pursuant to the Arbitration Act (New Brunswick). (e) Time shall in all respects be of the essence for each and every of the berms, covenants and conditions in this Lease. (f) Whenever in this Lease the context so squires or permits, the singular number shall be read as if the plural was expressed and the masculine gender as if the feminine or neuter, as the case may be, were expressed. (g) The captions and titles in this Lease am for convenience of reference only, and shall not affect the scope, intent, or interpretation of any provision. (h) This Lease may be executed in sevcnd counterparts, each of which, when so executed shall constitute but one and the same document (i) This Lease shall enure to the benefit of and be binding upon the parties hereto, their lawful heirs, executors, administrators, successors and assigns. 0) The Lessee considers that the pieces of information listed hereunder is the type of government information that is normally available to the general public and therefore, the Lessee reserves the right to make this information available to the general public, that is, the address of the Building the name and address of the Lessor the commencement date of this Lease the termination date the options to extend and dates thereof the area of the Leased Premises and the Lessor agrees to the disclosure to the public of such information and agrees not to object in any way whatsoever to the disclosure of such information. (k) If any term, covenant or condition of this Lease, or the application thereof to any person or circumstances, is to any extent held or rendered invalid, unenforceable or illegal, then that term, covenant or condition : (i) is deemed to be independent of the remainder of this Lease and severable and divisible therefrom, and its invalidity, unenfonceability or illegality does not affect, impair or invalidate the remainder of the Lease or any part thavot and (ii) continues to be applicable to and enforceable to the fullest extent permitted by law against any person and circumstances other tban those as to which it has been held or rendered invalid unenforceable or illegal. Neither party is obliged to enforce any term, covenant or condition of this Lease against any person, if or to the extent by so doing, such party is caused to be in breach of any law, rules, regulations or enactments from time to time in fomr Page 11 19 f� (l) If at any time there is more them one Lessor or more than one entity constituting the Lessor then their covenants, responsibility and liability shall apply to each and every one of them jointly and severally. (m) The Lessor must at all times during the term of the Lease, hold a valid Designated Organization Screening ( DOS), issued by the Canadian Industrial Security Directorate (CISD) of the Public Works and Govenunent Services Canada (PWGSC). (n) The Lessor's personnel requiring access to leased premises, assets or protected information, must each hold a valid clearance status issued by the CISD of PWGSC. (o) The Lessor must ensure that, at all times during the term of the lease, any contractor or sub-contractor holds a valid DOS issued by the CISD of PWGSC. (p) The Lessor must ensure that any contractor's or sub - contractor's personnel requiring access to leased premises, assets or protected information must each hold a valid clearance status issued by the CISD of PWGSC. (q) The Lessor and any of his contractors or sub-contractors must not remove any asset or "protected" information from the leased premises, and must ensure that their Personnel are made of aware of, and comply with this restriction. (r) The Lessor and any of his contractors or sub - contractors must comply with the provisions of the Industrial Security Manual (Latest Edition). (s) The Lessee may at any time during the term of the lease by written notice, modify the security requirements which may require modification to the security clearance. (t) The Lessor will occupy the 4th floor as office space. With the exception of the lunchroom, which the Lessee will furnish, the Lessor will be responsible to provide their own furniture. (u) During the term of the lease the Lessor will also require; Shared 1 st floor storage space (approx. 20'x20') (v) The Lessor will be responsible for the safety and security of non -DFO personnel and any guests they may bring to the site. (w) The Lessor warrants that the Lessee will have no liability for damages or lost time for the Lessor's personnel in the event that the building is closed due to maintenance/breakdown. (x) The Lessor is responsible for any damages incurred by their personnel or guests while on Lot 2008 -2, including buildings. Page 112 20 V SIGNATURES IN WrINESS WHEREOF the Lessor has signed this lease at on the day of 2013, and the Lessee hereto has signed this Lease 1 / n the _1 L}r h day of 2013. WITNESS + THE CITY OF SAINT JOHN Date Signature Name and Title of Signing 6 Ym f Signahire Name and Title of Signing pacer HER MAJESTY THE QUEEN IN RIGHT OF CANADA /a Date sign $ Brian Livingstone Senior Leasing Ad ' or Atlantic Region Public Works Government Services Canada for the Minister of Fisheries and Oceans Page 113 21 SCHEDULE"A" LEGAL DESCRIPTION OF LANDS LOT 200&2 PLAN S- 5445 -1 PUBLIC WORKS AND GOVERNMENT SERVICES CANADA ALL that certain lot, piece or parcel of land situated at Saint John, County of Saint John, Province of New Brunswick, shown as Lot 2008 -2 on Public Works and Government Services Canada plan S- 5445 -1, titled "Subdivision Plan H.M., in right of Canada (Department of Fisheries and Oceans) Subdivision, Saint John Coast Guard Base, Water Street, City of Saint John, Saint John County, New Brunswick" dated June 10, 2010, as signed by Richard B. Stewart, New Brunswick Land Surveyor and registered October 1, 2010 in the Saint John County Registry Office as number 29301794. Lot 2008 -2 contains an area of 1.31 hectares. All azimuths are grid, referenced to the New Brunswick Stereographic Double Projection, NAD83 CSRS metric values. Page 114 9DULE "A -y SUBDIVISION PLAN Page 115 23 SCHEDULE "B" PERMS AND CONDITIONS APPLICABLE TO THIE: LESSEE'S IMPROVEMENTS The Lessor and the Lessee have agreed that, for purposes of setting out the scope of the various projects that will comprise the improvements to be made, the plans and specifications therefore, the commencement date, the completion date and the sum payable for the execution of the Work, the Lessor and the Lessee will enter into sub- agreements, hereinafter referred to as the "Sub - agreement" which shall form a part of the Lease, and to which the terms, conditions and provisions of this Schedule shall apply as if they were fully set out in such Sub - agreement. DEFINITIONS In this Schedule, COM1*110n Dare means the date set for completion of the Work as specified in a Sub - agreement, Latent Defect means a defect in the Work which would not ordinarily be observed during a walk. through inspection, Lessee's ReoresenWtive means the persons) identified by the Lessee, from time to time, as its representative(s) to act for the Lessee in matters associated with any Sub - agreements. Lessor's_ Representative means the person identified by the Lessor, from time to time, as its representative to act for the Lessor in matters associated with arty Sub - agreements. Managenre>rt Fee means an amount calculated by applying a percentage, as specified in Clause 6. of this Schedule, to the cost of the Work and which percentage is chargeable by the Lessor with respect to the carrying out of its obligations as set forth in Clause 2 of this Schedule. Sy - avreement means individual supplemental agreements or contracts substantially in the form attached hereto as Appendix 1 and made between the parties hero related to the Work to be performed from time to time and to which the terms, conditions and provisions of this Schedule apply. Sub - contractor means any architect, engineer, consultant, constuetion firm or other contractor engaged by the Lessor in connection with the completion of the Work, Work means all of the work set forth in the Statement of Work which shall form part of Sub - agreement(s) entered into from time to time between the Lessor and the Lessee and which may include, but is not limited to, the development of the required plans, drawings and estimates, including supporting arrhitecturW and engineering studies, requited permits, and the construction work necessary to after or improve the Leased Premises and building systems, all of which shall be performed in a careful and workmanlike manner and to the satisfaction of the Lessee, 2. MANAGEMENT BY LESSOR The Lessor shall (1) subject to the prior approval of the Lessee, invite bids from qualified sub - contractors in a number acceptable to the Lessee and who are deemed qualified in the Lessee's opinion; (2) subject to the Lessee's prior approval, issue Addenda to all potential bidders to modify and/or clarify the plans and specifications as and when required prior to the date and time set for receipt of the bids in accordance with good business practice; (3) reserve the right to accept any bid whether it is the lowest or not, or to reject any or all bids, at the Lessor's discretion in consultation with the Lessee; (4) ensure that all bids provide a detailed breakdown of all component costs to the extent considered necessary by the Lessee for purposes of evaluation and include, when requested by the Lessee, Unit price Tables in a format agreed to by the Lessee; (S) ensure that all bids received by the i,essor are sealed and opened in the presence of the Lessee, at a specified date, time and location; Page 116 24 (6) submit such bids to the Lessee for review prior to tho selection of all Sub- contractora to be engaged by the Lessor for the development and/or completion of the Work; (7) maintain control of the worksite and be responsible for the co- ordination of all activities performed on the worksite including, but not limited to, any third party contracts which the Lessee may enter into that require access to the worksite; (8) provide that any Sub-contractors engaged by the Lessor with respect to the performance of the Work shall comply with the terms and conditions of this Schedule which can reasonably be applied to any of the sub - contracts and undertakings; (9) co- ordinate all Sub - contractors, labour and material acquisitions necessary for the development, full execution, completion and delivery, ready for use, of the Work. (10) ensure that any municipal approvals or permits required are obtained prior to start of construction; (11) conduct walk - through inspections, as required, to prepare lists and estimated costs of items needing additional or remedial work and complete such additional or remedial work in a manner and time frame satisfactory to the Lessee; (12) upon partial or total completion of the Work, provide to the Lessee an Interim or a Final Certificate of Completion, as applicable, signed and sealed in the manner set forth herein; (13) upon total completion of the Work, and upon request by the Lessee's Representative, provide the Lessee with a Workplace Safety and Insurance Board clearance certificate from each Sub- contractor and provide the Lessee with the Lessor's Statutory Declaration in the format to be supplied by the Lessee; (14) within thirty (30) days following the date of issuance of the Final Certificate of Completion, provide the Lessee with as -built drawings setting forth a record of the Work (if it is expressly requested in the Statement of Work appended to and forming part of the Sub - agreement, the as- built drawings shall also be provided in the electronic format specified by the Lessee), 3. CHANGES (1) The Lessee may, at any time before the completion of the Work, make changes to the Work by written instructions to the Lessor. (2) If the change requested by the Lessee causes an increase to the cost of the Work, prior to commencing any such change, the Lessor shall obtain and deliver to the Lessee a quotation of the total cost of such change excluding any Management Fee. Upon receipt of the Lessee's written authorization to proceed with the change, the Lessor shall incorporate any such change into the Work as if the same had appeared in and been part of the Sub - agreement and the amount of the Work payable pursuant to the Sub - agreement shall he increased by the cost of such change. (3) If the change requested by the Lessee causes a decrease to the cost of the Work, the amount to be paid pursuant to the Sub - agreement shall be decreased by an amount agreed upon by the Lessor and the Lessee. (1) Upon the full completion of the Work, the Lessor shall, at the Lessor's expense, deliver to the Lessee for the Lessee's approval a Final Certificate of Completion (in the format set forth at Appendix 2 hereto) which Certificate shall be signed and sealed by the Lessor's Architect and Engineers certifying that the Work has been satisfactorily completed and is in full compliance with provisions of the said Certificate. Further, the Certificate of Completion shall be countersigned by the Lessor's representative certifying that, the Leased Premises together with the Lessee's Improvements thereto are in full compliance with the provisions, requirements and standards of the Lease. Page 117 �'j 25 (2) Prior to the full completion of the Work the Lessor may issue an Interim Certificate of Completion meeting the provisions of sub clause (1) of this Clause and in the format set forth at Appendix 3 for the Work which has been satisfactorily completed and clearly deacn'bing the the portions of the Work, along with their monetary value, which have yet to be completed by the Lessor. The Interim Certificate of Completion shall be signed and sealed in accordance with the provisions of sub - clause (1) hereof for the portion of the Work which is completed. (3) For any Certificate issued by the Lessor pursuant to sub clauses (1) and (2) of this Clause, if the Lessee's Representative is of the opinion that the Work is not substantially completed as described in the said Interim or Final Certificate of Completion, the Lessee's Representative may notify the Lessor in writing (hereinafter referred to as the Lessee's Notice) to rectify any other portions of the Work not completed to the satisfaction of the Lessee itepresontative. Upon r aceipt of the Lessee's Notice, the Lessor shall complete such Work to the satisfaction of the Lessee. (4) The Lessee's acceptance of the Lessor's Interim and/or Final Certificate of Complexion shall not be construed as nor shall it have the effect of a waiver or release of any of the obligations of the Lessor. S. QMSION FOR COMPLETION OF THE WORK The Lessee may, on the application of the Lessor made in writing before the date fixed for completion of the Work extend the time for completion of the Work by fixing a new completion date if, in the opinion of the Lessee, one of the following applies: (a) (i) causes beyond the control of the Lessor and not within the control of the Lessee have delayed its completion, and, (ii) in the event that the Work being performed by the Lessor consists of the Lessee's improvements to be completed prior to the Lease Commencement Date the Lessor agrees that the rent reserved under the Lease shall abate for the period of extension; (b) (i) causes within the control of the Lessee have delayed the completion of the Work, and (ii) in the event that the Work being performed by the Lessor consists of the Lessee's Improvements to be completed prior to the Lase Commencement Date the Lessee agrees that there shall be no abatement of the rent reserved under the Lease. 6. PAYMENT BY LESSEE (1) As consideration for the execution of the Work and subject to the provisions hereof, the Lessee shall pay to the Lessor, as Additional Rent under this Lease, the amount specified in the Sub - agreement. (2) The amount specified in the Sub - agreement shall include the applicable Management Fee and the aggregate of all the sums payable by the Lessor to Sub - contractors pursuant to the low bid or bids received in respect of the Work, or any other amount agreed to by the Lessee, and shall be subject to adjustment as follows: (a) the amount shall be increased by a sum equal to the total cost of all increases in the cost of the Work, if any, approved by the Lessee and determined in accordance with the provisions of this Schedule; and (b) the amount shall be decreased by a sum equal to the total cost of all decreases in the cost of the Work, if any, determined in accordance with the provisions of this Schedule. Page l i8 26 (3) Unless specifically agreed otherwise in the Sub - agreement, the Management Fee shall be calculated as follows: (a) for soft cost portions of the Work not covered in sub clause (3)(b) hereunder , the Management Fee shall be 5%, (for the purposes of this sub clause, soft costs shalt include those costs arising out of consult arrt co, cabling contracts, building permits, design or engineering service contracts and similar contracts); (b) for the construction portion of the Work (i) if the total construction value is up to $30,000: 15% Mgt. Fee (ii) from $30,000 to $45,000: $4,500.00 (iii) if the total construction value exceeds $45,000: 10% Mgt Fee (4) During the implementation of the Work, the Lessor may submit Progress Claims to the Lessee's Representative each of which clearly sets forth the amount being claimed for Work satisfactorily performed to that date plus the applicable Management Fee. Subject to verification by the Lessee's Representative, payment by the Lessee shall be made no later than 30 days after receipt of such Progress Claim. It within 15 days of receipt of a Progress Claim, additional information is required by the Lessee's Representative, the 30-day period shall commence upon receipt of the requested information. Payment of any amount claimed may, at the discretion of the Lessee's Representative, be subject to a 9/a holdback on the construction portion of the Work which shall be released to the Lessor with the final payment in accordance with sub - clause (5)(b) herein. There shall be no holdback on Progress Claims for soft costs. (5) The payment by the Lessee to the Lessor of the Additional Rent hereinbefore specified shall be made in the following manner. (a) not later than 60 days after the date of acceptance by the Lessee of an Interim Certificate of Completion pursuant to this Schedule, the Lessee shall pay to the Lessor an amount not to exceed 95% of the amount described in the Sub-agreement leas an amount equal to the cost, as determined by the Lessee's Representative, of completing the items and doing the things described in the said Interim Certificate, and less any progress payment made pursuant to sub clause (4) of this Clause. (b) not later than 60 days after the date of acceptance by the Lessee of a Final Certificate of Completion pursuant to this Schedule the Lessee shall pay to the Lessor the amount described in this Clause less any payments made pursuant to sub clause (4) and sub clause (5)(a) of this Clause. iNAEAIIVTI"Y The Lessor shall indemnify and save harmless the Lessee from and against all claims, demands, losses, costs, damages, actions, suits or proceedings by whomsoever made, brought or prosecuted in any manner based upon, arising out of, related to, occasioned by or attributable to the execution of the Work unless caused by the neglect or fault of the Lessee. 8. DEFAULT. {1) (a) In the event that the Lessor has made default or delayed in commencing or in diligently executing the Work or any portion thereof and the Lessee gives written notice thereof to the Lessor and has by such notice required the Lessor to put an end to such default or delay, and such default or delay is not corrected by the Lessor in the time frame specified in the Lessee's notice, the Lessee's Representative may, without any other authorization, take all or any part of the Work out of the Lessor's hands and may employ such means as the Lessee's Representative may see fit to complete the Work. (b) if the Work or any portion thereof is taken out of the Lessor's hands under paragraph (a), the Lessee may, notwithstanding anything to the contrary, deduct, Be off and hold back to the Lessee's own use forever any amount payable or becoming payable pursuant to the provisions of this Schedule and under the Lease equal to the amount expended by the Lessee in completing the Work, as well as an amount equal to all expenses and damages incurred or sustained by the Lessee as a result of the Work not being completed by the date fixed for its completion, Page j19 27 (c) The taking of the Work or any portion thereof out of the Lessor's hands under paragraph (a) shall not operate so as to relieve or discharge the Lessor from any obligation set forth herein or imposed upon the Lessor by law except the obligation to complete the physical execution of that part of the Work so taken out of the Lessor's hands. (2) (a) In the event that the Lessor does not complete the Work by the date set forth in the Lessee ment but does complete the Work thereafter, the Lessor shall pay to the Lessee (i) an amount equal to an expenses and damages incurred or sustained by the Lessee during the period of delay, including all salaries, wages and travelling expenses paid by the Lessee to parsons superintending the Work during the period of delay, as a result of the Work not being completed by the date fixed for its completion, and, (ii) where the Lessor has an obligation to complete the Work prior to the Lease Commencement Date, an amount equal to the rent payable under the Lease during the period of delay for the Leased Premises or any part thereof which, in the opinion of the Lessee, cannot be occupied and used by the Lessee for the Lessee's purposes under the Lease by the date fined for completion of the Work, The Lessee may, notwithstanding anything to the contrary, deduct, set off and hold back to the Lessee's own use forever any amount payable or becoming payable Pursuant to the provisions of this Schedule and under the Lease equal to the amount payable to the Lessee under this sub clause (2). (b) For the purposes of this sub clause (2), ,period of delay" means the period commencing on the day fixed by a Sub - agreement for completion of the Work and ending on the day the Lessee's Representative determines that the Work has been fully completed. (3) In the event that any contractor, subcontractor, worker or supplier of material is found to be unpaid at any time in respect of the completion of the Work, the Lessee may pay any amount that is ]awfirlly due and payable by the Lessor to such subcontractor, worker or supplier, and deduct from and set off the amount expended by the Lessoo from any amount payable pursuant to the provisions of this Schedule and under the Lease, which payment shall be a discharge of the Lessee's obligation to pay such amounts. 9. FEC S (1) Without restricting any warranty or guarantee implied or stipulated by law the Lessor shall, at the Lessor's expense rectify and make good any defect, fault, or latent defect however caused, that appears in the Work within twelve (12) months from the date of issuance of the F al Certificate of Completion. (2) If any defect, fault, or latent defect appears in the Work and the Lessee is of the opinion that it is one which the Lessor is obligated to remedy and make good, the Lessee may direct the Lessor to remedy and make good the defect, fault, or latent defect by giving notice to the Lessor, hereinafter called the Lessee's Notice, of the existence of the defect, fault, or latent defect and specifying the time within which the defect, fault, or latent defect is to he rectified and made good. (3) The Lessor shall promptly rectify and make good the defect, fault, or latent defect described in the Lessee's Notice. Upon failure of the Lessor to do so, the Lessee shall be entitled to rectify and make good such defect, fault, or latent defect and deduct and set off the amount expended by the Lessee from the Rent or Additional Rent payable under the Lease, which payment shall be a discharge of the Lessee's obligation to pay such Rent or Additional Rent. 10. PERM $Y -LAWS The Lessor shall comply and shall ensure that its contracts with all sub-coniraetors oblige them to comply with all laws and regulations relating to, or applicable to the Work. Page 120 /' 28 � 11. GENERAL (1) The provisions of this Schedule are collateral to certain provisions of the Lease and to the extent that any provisions of the Lease have a direct bearing on any provisions of this Schedule or the performance of the Work, they are incorporated herein by reference and form part hereof, provided however, that if any provision of the Lease and any provision of this Schedule are in conflict with respect to the execution of the Work, the provision of this Schedule shall prevail or take precedence. (2) For Work which is carried out while the Leaved premises are occupied by the Lessee, the following provisions shall apply: (a) The Lessor shall be responsible for any loss or damage to any proper, of the Lessee arising out of the performance of the Work unless such loss or damage arises from causes beyond the control of the Lessor, its sub - contractors or its suppliers. (b) The Lessor shall remove from the Teased premises, from time to time and as directed by the Lessee's Representative, all building rubbish or debris connected to the Work. (c) The Lessor shall not erect or permit the erection of any sign or advertising at the site of the Work. (d) The Lessor shall perform the Work with minimum disturbance to employees of the Lessee and the general public and shall obtain the approval of the Lessee's Representative for the hours during which the Work shall be perforued. (e) The Lessor shall repair and make good all parts of the existing Lessee's Improvements damaged by the execution of the Work. (f) Unless specified otherwise by the Lessee, all Work shall be equal in kind, quality and finish set forth in the Standards for Leased Accommodation which forms part of the Lease. (g) The Lessor shall ensure continuity of building services and necessary access for employees of the Lessee and the general public. (h) The Lessor shall remove and replace forthwith any superintendent or worker not acceptable to the Lessee's Representative due to unacceptable workmanship or improper conduct. (i) The Lessor shall provide, and cause all persons employed in the leased premises to provide personal data for security clearance purposes; on occasion, fingerprint verification may be required, The Lessee's representative shall have the right to have any individual removed from the leased premises for security reasons, notwithstanding the results or status of any security screening. Attachments: Appendix -l- Specimen Sub-ggreement for the Lessee's Improvements Appendix -2 - Specimen Final Certificate of Completion of Lessee's Improvements Appendix -3 - Specimen Interim Certificate of Completion of Lessee's improvements Page 121 �/� 29 SCHEDULE "C" ROOF MOUNTED EQUIPMENT (a) subject to the provisions of the Crown Liability Act, the Lessee will indmMify the Lessor and save it harmless from and against any and all claims, actions, causes of action, loss, damage, expenses and costs, in connection with any personal injury, loss of life, or damage to Property, arising out of the installation or use by the Lessee of the Equipment, occasioned wholly or in part by a negligent act or omission of the Lessee, Her officers, agents, contractors, employees or servants, EXCEPT where such injury, loss of life or damage to property has been caused wholly or in part by the negligent act or omission of the Lessor, its officers, agents, contractors, or employees; (b) the Lessee shall be responsible for all related installation costs and at the termination of Lease must, at its own expense, remove the Equipment. In the event that any property belonging to the Lessor is damaged as a result of such removal, the Lessee shall either pay to the Lessor such compensation in respect thereto as represents the reasonable cost of repairing such damage or repair the same; (c) the Lessee shall be responsible for the cost of all services and maintenance relating to the operation of the Equipment and, in the event that structural damage to the Building is occasioned as a direct result of the installation of said Equipment, the Lessee shall either Pay to the Lessor such compensation in respect thereto as represents the reasonable cost of repairing such damage or repair the same; (d) the Lessor shalt at all times permit the Lessee reasonable access to the roof of the Building and said Equipment and to this effect provide the Lessee, at its own expense, with one (1) copy of each of the keys to the penthouse and door leading to the roof area. The Lessee hereby agrees not to make additional copies of said keys without the written consent of the Lessor and to return same to the Lessor upon termination of the Lease. (The provision of access by the Lessor shall not be interpreted as meaning the provision of snow and ice removal from the roof area); and (e) the Less- shall not install or permit to be installed on the roof of the building any installations (signage to be installed in compliance with existing lease agreements excluded) which may interfere with the Lessee's proposed operation of the Equipment without the prior written consent of the Lessee. Such consent not to be unreasonably withheld. Page 122 30 It V APPENDIX 1 SPE34..J1.Y'J[.d NT SUB-AGREE ENT FOR THE LESSEE'S BS.Y li►1 VEM ENTS Page � 23 /} a� APPENDIX SPECIMEN SUB- AGREEMENT FOR LESSEE'S R"ROVEMENTB TWS SUB - AGREEMENT No................ dated ..... .............. 20....., BETWEEN: ------ - - - -- , hereinafter called the "Lessor ", V-11K.10A HER MA MSTY THE QUEM in right of Canada, represented by the M L sister of Public Works and Government Services, hereinafter called the WIIEREAS the Lessor and the Lessee, under date of the der of _ entered into a Lease Na. , hereinafter called the " Lease" pursuant which rw ciw c the Lessor has agreed to make Lessee's Improvements to the Leased Premises demised under the Lease from the Lessor to the Lessee AND R'HFREAS the Lessor and the Lessee, pursuant to the Schedule of the Lease, entitled "Terms and Conditions Applicable to the Lessee's Improvements" and hereinafter called the "Schedule", have agreed to enter in this Sub - agreement NOW THEREFORE, the parties hereto agree as follows: 1. TERMS AND CONDITIONS All terms, conditions and provisions of the Schedule are made by reference a part hereof and all such terms, conditions and provisions, unless specifically modified herein, shall apply hereto as though they were expressly written, incorporated and included herein. 2. PERFORMANCE On or before the day of �� 20___, the Lessor shall promptly undertake and commence the Work and on or before the day of . 20__, the Lessor shall complete the incorporation into the Leased Premises of all the Work, set forth and described in the Statement of Work attached hereto, in a careful and workmanlike manner and to the satisfaction of the Lessee. 3. PAYMENT (1) As consideration for the execution of the Work, the Lessee shall pay to the Lessor the amount of ................. ($..............) plus appropriate taxes, broken down as follows: (a) the amount of . ............................... ($..............), subject to adjustment as provided in the Schedule for the construction portion of the Work; and (b) the amount of . ............................... ($............), subject to adjustment as provided in the Schedule for the soft cost portion of the Work, and (c) the amount of .......................... ($.................) rep_etrting the Management Fee based on the aforesaid amount and calculated in the manner provided in the Schedule. 4. REPRESENTATIVES For the purpose of this Sub - agreement; (1) all inquiries, requests, instructions, authorizations and other communications with respect to matters covered in this Sub - agreement shall be made to the Lessor's Representative or the Lessee's Representative(s), as the case may be; (2) the Lessee's Representative who can authorize any changes to this Sub - agreement is and the Lessor is not to perform work in addition to or outside the scope of this Sub - agreement based on verbal or written requests or instructions from any representative of the Lessee other than the aforementioned Lessee's Representative or hiaiber replacement; Page 124 32 / �I/ (3) the Lessee's Representative who will inspect and accept the Work performed under this Sub - agreement is or his/her replacement; and (4) the Lessor's Representative is S. GENERAL (1) This Sub - agreement may not be assigned without the written consent of the Lessee. (2) This Sub - agreement shall enure to the benefit of and be binding upon the pies hereto theit lawful heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Lessor has signed this Sub - agreement on the day of 20 _ and the Lessee has signed this Sub - agreement on the _ day of 20 EXECUTED IN THE PRESENCE Of.. (Print name of Signatory and Title) (Duly authorized officer of the Lessor) HER MAJESTY THE QUEEN in right of Canada, as represented by the Ivfmistes of Public Works and Government Services (Lessee's Signatory) Page 125 STATEMENT OF WORK This Statement of Work when prepared as part of the Sub - agreement for Lessee's improvements for the execution of the Work will consist of any or all of the following: Description of the Work Floor Layouts - Plans and Specifications (to be identified in this Appendix as separate documents being part of the statement of Work) Unit Price Table (if applicable) Electronic format in which the w -built drawings shall be provided by the Lessor. Pap 126 34 qN/ x� -PPE1" DFX 2 'JFECYMEI�'T 7J-'471NAL CERT- WICATE OF COMTLETION GF LESSEE'S EA PROVE l MNTS Page 127 35 lbv�l APPENDIX 2 SPECIMEN FINAL CERTIFICATE OF COMPLETION OF LESSEE'S IMPROVEMENTS PART A Leased Premises and Lease Number: Name of Lessor: Sub - agreement No.: Interim Certificate of Acceptance Dated: Date of Final Inspection: Signed on behalf of the Lessor by: Dated: PART B This Certificate of Completion constitutes the Lessor's confirmation to the Lessee that all work described in the said Sub - agreement has been satisfactorily completed and that the Leased Premises together with the Lessee's Improvements thereto are ready for use by the Lessee and are in full compliance with the plans and specifications No. and dated All signatories hereto acknowledge that the acceptance of this Certificate of Completion by the Lessee shall not be construed as nor shall it have the effect of a waiver or release of any of the obligations of the signatories. ARCHITECTURAL Name of Company: Signature: Name of Signatory: Date: ELECTRICAL c/s Name of Company: Signature: Name of Signatory: per: MECHANICAL c/S Name of Company: Signature: Name of Signatory: Date: FIRE PROTECTION cis Name of Company: Signature: Name of Signatory: Date: c/s Page j 28 W A�- .;,u 3 SPECIKEEN INTERIM IM CER" LATE OF 'COYIPLE' 700 OF LES'SEE'S EwAP'ROVEMENTS Pap 129 37 Z34t/ APPENDIX 3 SPECIMEN INTERIM CERTIFICATE OF COMPLETION OF LESSEE'S EVIPROVEMENTS PART A Leased Premises and Lease Number. Name of Lessor: Sub - agreement No.; Interim Certificate of Completion No.: Date of Interim Inspection: Signed on behalf of the Lessor by: Dated: PART B This Interim Certificate of Completion constitutes the Lessor's Confirmation to the Lessee that all Work described in the said Sub - agreement, except for the portions of the Work listed under Part C hereto, has been satisfactorily completed per the Plans and Specifications No. dated All signatories hereto acknowledge that the Acceptance of this Interim Certicate of Completion by the Lessee shall not be construed as nor shall it have the effect of a waiver or release of any of the obligations of the signatories. ARCHITECTURAL Name of Company: Signature: — - Name of Signatory: Date: ELECTRICAL cis Name of Company: Signature: Name of Signatory: Date: MECHANICAL C/s Name of Company: Signature: Name of Signatory: Data: FIRE PROTECTION CIS Name of Company: Signature. Name of Signatory: Date: c/s Page 130 38 PART C - INTERIM CERTIFICATt OF COMPLETION Sub Agreement No....» ............. Defects, Faults, Incomplete Work, etc. Description of Defect, Fault or Irncom lets Work Estttnated Cost for correction or F ao lotion Defects or Faults Incomplete Work Grand Total Lessor Certification (if applicable) ne work noted in Part C above will be rectified on or before the _ _ day of 20 Lessor's Signature Page 131 39 FIrl i� . A J* ni 7 tl 4k rf OL fi C, 04 ti C4 I. viwo/ !L,� COY - FZ i