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2013-09-30_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, September 30, 2013 6:00 pm Council Chamber Please use Chipman Hill entrance S'il vous plaft 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 September 16, 2013 1 -6 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Amending Report Regarding Initiate Stop -Up and Closure of Public Streets 7-10 South Market Wharf, Ward Street and Peters Wharf (Recommendation in Report) 5.2 TransCanada Pipelines Limited - Access to City Owned Lands 11 -16 (Recommendation in Report) 5.3 Request for Permission to Re -Use Text and Photographic Images 17-17 (Recommendation in Report) 5.4 Licence Agreement (Market Square) - F6 Networks Inc. (Recommendation in 18-35 Report) 5.5 Forest Hills Fence Replacement - Recommendation for Award of Contract 36-37 (Recommendation in Report) 5.6 YMCA Letter Re: Services to Newcomers in Saint John (Recommendation: 38-39 1 Powered BY; SCI?jBF I. WJ 10 11 12 13 14 15 16 Receive for Information) 5.7 Harbour Clean -Up - Sanitary Lift Station 31 Sewer & Forcemain Easements 40-60 (Recommendation in Report) Members Comments Proclamation Delegations / Presentations 8.1 Rehabitat Inc. Land Bank Proposal 61 -77 Public Hearings 6:30 p.m. 9.1 Proposed Municipal Plan ByLaw Amendment - 59 -119 Commerce Dr., 1 -15 78-81 Consumers Dr., and 130 -160 Mark Dr 9.1.1 Planning Advisory Committee report Recommending Municipal Plan 82-90 Amendment 9.2 Proposed Zoning Amendment and Section 39 Amendment - 1666 Hickey Rd 91 -96 9.2.1 Planning Advisory Committee report Recommending Sec 39 97-109 Amendment, Rezoning and Sec 39 Conditions 9.3 Proposed Section 39 Amendment - 142 Harrington St. 110 - 112 9.3.1 Planning Advisory Committee report Recommending Section 39 113 - 121 Amendment Consideration of By -laws Submissions by Council Members Business Matters - Municipal Officers 12.1 Play SJ Update 122-122 12.2 Truck Route Impacts with One Mile House Interchange 123-125 Committee Reports Consideration of Issues Separated from Consent Agenda General Correspondence 15.1 Request to Present - City Market Seniors 126-135 Supplemental Agenda 1 16.1 Retail Hours of Operation - Revisions to the Saint John Closing of Retail 136-143 Businesses By -Law 17. Committee of the Whole 17.1 Disability Pension 144-144 18. Adjournment 3 The City of Saint John Seance du conseil communal Le lundi 30 septembre 2013 18 h Salle du conseil 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 greffi6re communale au 658 -2862. Chacun des points suivants, en totalit6 ou en partie, peut faire l'objet d'une discussion en priv6 en vertu des dispositions pr6vues a Particle 10 de la Loi sur les municipalWs. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique 16 h 30 — Salle de conf6rence, 8e 6tage, hotel de ville 1.1 Approbation du proc6s- verbal — paragraphe 10.2(4) 1.2 Question juridique — alin6a 10.2(4)f) 1.3 Question juridique — alin6a 10.2(4)j) 1.4 Mise a jour sur le projet 1.5 Question juridique — alin&a 10.2(4)g) 1.6 Question relative a la propri6t6 — alin6a 10.2(4)d) 1.7 Question relative a la propri6t6 — alin6a 10.2(4)d) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal du 16 septembre 2013 3. Adoption de Pordre du jour 4. Divulgations de conflits d'int& is 5. Questions soumises a 1'approbation du conseil 5.1 Rapport modificateur relatif au d6but de fermeture et de barrage de rues publiques : quai South Market, rue Ward et quai Peters (recommandation figurant au rapport) 5.2 TransCanada Pipelines Limited — Acc6s aux terrains municipaux (recommandation figurant au rapport) 5.3 Demande de permission de r6utiliser du texte et des photographies (recommandation figurant au rapport) 5.4 Contrat de licence (place Market) — F6 Networks Inc. (recommandation figurant au rapport) 5.5 Remplacement de la cl6ture de Forest Hills — Recommandation pour 1'attribution du contrat (recommandation figurant au rapport) 5.6 Lettre du YMCA concernant les services aux nouveaux arrivants a Saint John (recommandation : accepter a titre informatif) 5.7 Nettoyage du port — Egout et conduite de refoulement sanitaires a la station de relevement ri 31 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Rehabitat Inc.: Proposition bancaire sur les biens -fond 9. Audiences publiques i 18 h 30 9.1 Modification propos6e de 1'Arret6 portant sur Fadoption d'un plan municipal visant les 59 -119, promenade Commerce, les 1 -15, promenade Consumers et les 130 -160, promenade Mark 9.1.1 Rapport du Comit6 consultatif d'urbanisme recommandant des modifications au plan municipal 9.2 Modification propos6e de 1'arret6 de zonage et modification aux conditions impos6es par Particle 39 — 1666, chemin Hickey 9.2.1 Rapport du Comit6 consultatif d'urbanisme recommandant les modifications relatives aux conditions impos6es par Particle 39 et le rezonage 9.3 Modification propos6e aux conditions impos6es par Particle 39 — 142, rue Harrington 9.3.1 Rapport du Comit6 consultatif d'urbanisme recommandant la modification des conditions impos6es par Particle 39 10. Etude des arretes municipaux 11. Interventions des membres du conseil 12. Affaires municipales 6voquees par les fonctionnaires municipaux 12.1 Mise a jour concernant R6cr6SJ 12.2 Repercussions de l'itin6raire pour camions lilies a 1'6changeur de One Mile House 13. Rapports deposes par les comit6s 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Demande de presentation — City Market Senior Centre 16. Ordre du jour suppl6mentaire 16.1 Heures d'ouverture des commerces de vente au detail — R6vision de 1'Arr&& relatif a la fermeture des 6tablissements de vente au detail dans The City of Saint John 17. Comit6 pl6nier 17.1 Pension d'invalidit6 18. Lev6e de la skance 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 16, 2013/LE 16 SEPTEMBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 16, 2013 - 6:00 P.M. Present: Deputy Mayor Rinehart Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - J. Hamilton, Acting City Manager and Commissioner Planning and Development; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; N. Jacobsen, Commissioner of Strategic Services; A. Poffenroth, Deputy Commissioner Planning and Development; Corporal Hunt, Sergeant at Arms; K. Clifford, Fire Chief; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Regrets: Mayor Norton Call to Order — Prayer Deputy Mayor Rinehart called the meeting to order and Rev. Renee Embree offered the opening prayer. 2. Approval of Minutes 2.1 Minutes of September 3, 2013 On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the minutes of the meeting of Common Council, held on September 3, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Strowbridge RESOLVED that the agenda of this meeting be approved with the addition of item 8.1 Saint John Board of Trade presentation. Question being taken, the motion was carried. 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 That as recommended by the City Manager in the submitted report Voice and Data Communication Services for the City of Saint John: The City enter into agreements with Bell Aliant Regional Communications, Limited Partnership for the delivery of: a. Unified Communications & Centrex Multi- Provincial Blended Rates Services Schedule the form as attached to the submitted letter to Council. b. Bell Aliant Ethernet Services Schedule the form as attached to the submitted letter to Council. c. Loyalty Discount Program Schedule the form as attached to the submitted letter to Council, and That the Mayor and Clerk be authorized to execute the said agreement. 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 196: Pipeline Crossing Agreement with Maritimes & Northeast Pipeline - Approximate Crossing KP 90 +300, The City of Saint John enter into a Crossing Consent Agreement 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 16, 2013 /LE 16 SEPTEMBRE 2013 with Maritimes & Northeast Pipeline Limited Partnership, by its General Partner Maritimes and Northeast Pipeline Management Ltd. / Maritimes & Northeast Pipeline subject to the terms and conditions in the submitted agreement and amendment, for the purposes of facilitating the construction of the new entrance road into the Lancaster Wastewater Treatment Lagoon, and That the Mayor and Common Clerk execute the said agreement. 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 198: Initiate Stop -Up and Closure of Public Streets South Market Wharf, Ward Street and Peters Wharf: The Public Hearing for the consideration of the passing of a By -law to Stop Up and Close all those portions of Public Streets, known as South Market Wharf, Ward Street and Peters Wharf, as shown on the attached Plan of Survey to M &C 2013 -198, be set for Monday, October 7, 2013 at 7:00 p.m. in the Council Chamber; and Common Council authorize the publishing of a notice of the intention to consider passing of such By -law. 5.4 That the letter from R. Crosby regarding a request for pageant sponsorship be received for information. On motion of Councillor McAlary Seconded by Councillor Farren 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 7.1 National Day of Awareness and Action for Childhood Cancer in Saint John - Week of September 21, 2013 The Deputy Mayor proclaimed the week of September 21, 2013 National Day of Awareness and Action for Childhood Cancer in the City of Saint John. Isaac Larsen and the Larsen family spoke from personal experience on the significance of the proclamation. 8. Delegations /Presentations 8.1 Saint John Board of Trade Presentation Referring to the submitted report, Mr. David Duplisea, Executive Director, Board of Trade, gave a presentation on the results of the Sunday Shopping survey completed by its members. Mr. Duplisea stated that the Saint John Board of Trade requests that Saint John Common Council consider amending the Sunday shopping bylaw to allow for retailers to choose their own hours of operation on Sunday. 9. Public Hearings 10. Consideration of By -laws 10.1 Third Reading Traffic ByLaw Amendment respecting Douglas Avenue On- Street Parking On motion of Councillor McAlary Seconded by Councillor Reardon 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 16, 2013/LE 16 SEPTEMBRE 2013 RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule R List of Streets Excluded from Winter On- Street Parking Restriction and by amending Schedule B — No Parking Anytime, be read. Question being taken, the motion was carried. The by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule R List of Streets Excluded from Winter On- Street Parking Restriction and by amending Schedule B — No Parking Anytime, 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, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto ". (Councillor Farren withdrew from the meeting) 10.2 Third Reading Zoning ByLaw Amendment - 304 Westmorland Road On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -217, A Law to Amend the Zoning By -Law of The City of Saint John ", amended by adding to the list of zones in Section 30(1); adding Section 740(28) "Special Zone #28 (SZ -28)" and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -217, 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 the by -law entitled, "By -Law Number C.P. 110 -217, A Law to Amend the Zoning By -Law of The City of Saint John ", amended by adding to the list of zones in Section 30(1); adding Section 740(28) "Special Zone #28 (SZ -28)" and Zone Standards; and by rezoning a parcel of land with an area of approximately 3137 square meters, located at 304 Westmorland Road, also identified as being a portion of PID Numbers 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28, 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 -217, A Law to Amend the Zoning By -Law of The City of Saint John ". (Councillor Farren re- entered the meeting) (Councillor Strowbridge withdrew from the meeting) 3 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 16, 2013 /LE 16 SEPTEMBRE 2013 10.3 Third Reading Zoning By -Law Amendment - 2240 Red Head Road 10.3.1 Section 39 Conditions - 2240 Red Head Road On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -218, A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022, 55050892 and a portion of PID Number 55183800, from "RFM" Rural Mobile Home to 1 -2" Heavy Industrial, be read. Question being taken, the motion was carried with Councillor Reardon voting nay. The by -law entitled, "By -Law Number C.P. 110 -218, A Law to Amend the Zoning By -Law of The City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor McAlary RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022, 55050892 and a portion of PID Number 55183800, be subject to the following condition: The use of the property is limited to an access road, a freestanding sign and a gatehouse. Question being taken, the motion was carried with Councillor Reardon voting nay. On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -218, A Law to Amend the Zoning By -Law of The City of Saint John ", amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Numbers 00337022, 55050892 and a portion of PID Number 55183800, from "RFM" Rural Mobile Home 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 with Councillor Reardon voting nay. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -218, A Law to Amend the Zoning By -Law of The City of Saint John ". (Councillor Strowbridge re- entered the meeting) 11. Submissions by Council Members 11.1 Providing Service and /or Help to Residents (Councillor Farren) Councillor Farren made a motion that the City Manager make a recommendation to Council, within 30 days, with respect to a policy to help residents come to a satisfactory outcome regarding problems with flooding, by -law enforcement and such, adding that if it is a monetary issue, including the hiring of a staff person if necessary, the City Manager add this to the 2014 budget. Councillor Farren's motion was not seconded. 11.2 Budget Scheduling (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor Reardon RESOLVED that item 11.2 Budget Scheduling (Councillor McAlary) be referred to the City Manager for a report on Budget scheduling to be given to Council as soon as possible. 11 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 16, 2013/LE 16 SEPTEMBRE 2013 Question being taken, the motion was carried. 11.3 Timing /Cancellation of Closed Committee of the Whole Session (Councillor McAlary) On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that before a decision is made on changing the timing or cancellation of a closed committee meeting, discussion should take place with the Mayor and /or Deputy Mayor. Question being taken, the motion was defeated with Councillors Farren, Fullerton, Merrithew, Norton and Reardon voting nay. 11.4 investNB (Deputy Mayor Rinehart) On motion of Councillor Reardon Seconded by Councillor MacKenzie RESOLVED that staff be directed to arrange a special committee of the whole meeting for the purposes of understanding the investNB business model, lead generation and closure process as well as the roles and opportunities for the municipality, its Council and staff. Question being taken, the motion was carried. 12. Business Matters - Municipal Officers 12.1 Saint John Water - Tandem Truck Replacement On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -197: Saint John Water - Tandem Truck Replacement, Common Council award the tender for the supply of two (2) 68,000 GVWR Tandem Dump Trucks to the low bidder, Valley Equipment Ltd., in the amount of $276,578.00 plus HST. Question being taken, the motion was carried. 12.2 Secondment Agreement - P3 Staffing On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -199: Secondment Agreement - P3 Staffing, Council approve the submitted secondment agreement and further that the Mayor and Common Clerk are authorized to execute that Agreement. Question being taken, the motion was carried. 8.1 Saint John Board of Trade Presentation On motion of Councillor Reardon Seconded by Councillor MacKenzie RESOLVED that the presentation from the Saint John Board of Trade be referred to the City Manager for a report and recommendation. Responding to a question, Ms. Hamilton advised that staff could follow up with other cities to determine their experience and suggested that the City Solicitor have an opportunity to provide advice regarding the by -law amendment process. Question being taken, the motion was defeated with Councillors Farren, Fullerton, Lowe, McAlary, Merrithew, Norton, and Strowbridge voting nay. 5 97- COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 16, 2013 /LE 16 SEPTEMBRE 2013 A motion was made by Councillor McAlary and seconded by Councillor Lowe that Sunday shopping hours remain between the hours of 12:00pm and 5:00pm. The question was not taken due to a subsequent tabling motion. On motion of Councillor Norton Seconded by Councillor Reardon RESOLVED that the motion moved by Councillor McAlary and seconded by Councillor Lowe to maintain the Sunday shopping hours of 12:00pm to 5:00pm be tabled until the Mayor and all of Council is present. Question being taken, the motion was carried with Councillors Fullerton and Lowe voting nay. 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Supplemental Agenda 17. Committee of the Whole 18. Adjournment On motion of Councillor Farren Seconded by Councillor Merrithew RESOLVED that the Common Council meeting of September 16, 2013 be adjourned. Question being taken, the motion was carried. The Deputy Mayor declared the meeting adjourned at 7:00 p.m. Mayor / maire Common Clerk / greffier communal X REPORT TO COMMON COUNCIL M & C #2013 -208 September 24, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Amending Report Regarding Initiate Stop -Up and CIosure of Public Streets South Market Wharf, Ward Street and Peters Wharf BACKGROUND: At is meeting of September 16th, 2013 Common Council resolved the following; City of Saint John That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close all those portions of Public Streets, known as South Market Wharf, Ward Street and Peters Wharf, as shown on the attached Plan of Survey to M &C 2013 -198, be set for Monday, October 7, 2013 at 7:00 p.m. in the Council Chamber; and 2. That Common Council authorize the publishing of a notice of the intention to consider passing of such By -law. The advertisement for the Public Hearing set 6:30 PM as the time that Council would consider the passing of the By -law. The following resolution, if adopted will align the public advertising with the scheduled Public Hearing. RECOMMENDATION: 1. That Common Council rescind its resolution of Sept. 10", 2013 and adopt the following: 2. That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close all those portions of Public Streets, known as South Market Wharf, Ward Street and Peters Wharf, as shown on the attached Plan of Survey to M &C 2013 -208, be set for Monday, October 7, 2013 at 6:30 p.m, in the Council Chamber: and 7 Stop -Up and Closure of Public Streets - 2 - 3. That Common Council authorize the publishing of a notice of the intention to consider passing of such By -law. Respectfully submitted, Curtis Langille, BA Real Estate Officer Gregory J. Yeomaw Commissioner Finance and A mini Attachments GIX,. MBA Services 1* Brian Irving, BBA Manager Real Estate Patrick Woods, CGA City Manager September 24, 2013 ec� Ia IP I.,-- alae2uva OJAJ ,z OVXxl%o 11 era Low O c � 034 406 � 3 iEr 100 Ra ; Pal*rV^AS 1L �to qi 366 gal NNMNNNNYMMN Z4 � J 1M1W,1s, ��'ppp Loa VVNVpYV�uQVy VYWWyVI�fa��p�.�r. +� Pu'r: v v III 1 O lift M� I JCL •: V V d f Y CI * ♦ W N + V F'r; � zr r It is 10 4 5 REPORT TO COMMON COUNCIL M &C 2013 - 206 September 20, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: TransCanada Pipelines Limited- Access to City owned Lands As Council is aware, TransCanada Pipeline Limited (TCPL) has determined the general routing for the East West Pipeline. The proposed routing through Saint John may impact three City owned parcels, including one PID in two locations. The three City owned parcels in question are identified as PID 455189609 (twice), 55189583, 335927, all located in East Saint John. PID 335927 is a lot which is primarily within the watershed limits. The location of investigation is outside of the watershed boundary and has been approved by the Water Utility as acceptable for TCPL investigation. PID 55189609 is the Proud Road and PID 55189583 is Bayside Drive. For the privilege to investigate these areas, TCPL is offering a standard $1,000 fee. It should be noted that granting TCPL access to the parcels noted above for investigative purposes does not construe agreement to grant routing, easement or the sale of the desired interest to TCPL for pipeline purposes. RECOMMENDATION: City of Saint john That Common Council grants permission for TransCanada Pipelines Limited, its agents, servants, employees and contractors to enter upon City owned land identified as PID# s 55189609, 55189583 and 335927 for the purpose of invasive non - invasive field studies under the terms and conditions outlined in the SURVEYS ACKNOWLEDGEMENT FORM as attached hereto M &C 2013 -206. —A Brian Irving, BBA e Manager Real Estate Services 11 M & C — 2013 -206 - 2 - September 20, 2013 7 Greg Yeor /aan ss, CGA Commissioner, Finance and Administrative Services J trick Woods, CGA City Manager 12 TransCanada Pipe Lines Limited P.O. Box 1000, Station M Calgary, Alberta Canada T2P 4K5 Head Office: 450 —1" Street SW (403) 920 -2000 Fax: (403) 920 -2334 SURVEYS ACKNOWLEDGEMENT FORM Pipeline PROJECT: Oil Pipeline to Eastern Canada TRACT NUMBER: LAND DESCRIPTION: ( "Lands ") REGISTERED OWNER; GST/HST NUMBER: ADDRESS: TELEPHONE: STATUS OF RESIDENCE (circle one): Principal Secondary Seasonal Other HOMESTEAD: SPOUSE'S NAME: PURCHASER: GST/HST NUMBER: ADDRESS: TELEPHONE: HOMESTEAD: SPOUSE'S NAME. OCCUPANT: GSTIHST NUMBER: ADDRESS: TELEPHONE: PROJECT TransCanada Pipelines Limited ( "Company ") is assessing the feasibility of an oil transmission pipeline from Hardisty, Alberta to Quebec and potentially to New Brunswick ( "Project "), and the Lands could form part of the pipeline route. The Company requires entry upon the Lands for certain preliminary investigations in support of its feasibility assessment and potential development, implementation and management of the Project. COMPENSATION In consideration of the sum of: Dollars ($ ), plus any applicable taxes of: • In Alberta: GST of 5 %: $ • In Manitoba: GST of 5 %: $ • In Saskatchewan: GST of 5 %: $ + In Ontario and New - Brunswick: HST of 13 %: $ the receipt and sufficiency Of which is hereby acknowledged, Ilwe do hereby: (a) confirm and acknowledge that I amlwe are the registered owner(s) or occupant(s) of the Lands; (b) acknowledge that: (i) the Company has the right, including under the National Energy Board Act (the "Act'), to enter upon the Lands for the purpose of surveying, examining and making other necessary arrangements on the Lands for fixing the site of the Project and/or setting out and ascertaining those portions of the Lands as may be necessary and proper for the Project, and more particularly to carry out engineering, legal, archaeological, paleontological, environmental and soil surveys (collectively, the "Surveys "); (ii) such right to conduct the Surveys includes the right to the enter on the Lands by light vehicles and foot traffic and, where necessary, a truck mounted drilling rig for soil sampling; and (iii) such right to conduct the Surveys includes the right to cut brush or trees for sight lines only if required; (c) confirm and acknowledge that this Surveys Acknowledgement constitutes confirmation of receipt of notification that the Company, its partners, affiliates, partnerships and other entities controlled by the Company, and their respective employees, representatives, servants, agents, development managers, operators, contractors and subcontractors, intend to conduct the Surveys on the Lands; and (d) agree to cooperate with, and not in anyway oppose, such conduct of the Surveys upon the Lands. Except as set forth in this Surveys Acknowledgement, the confirmations, acknowledgements and agreements in this Surreys Acknowledgement do not waive any right Ilwe have to oppose the approval of the Project and/or the route thereof, or to compensation for any damages resulting from the conduct of the Surveys. The Company has the obligation under the Act to do as little damage as possible, and make full compensation in the manner provided in the Act for all damages sustained by the owner(s) or occupant(s) of the Lands. FOR USE IN ALL PROVINCES EXCEPT QUEBEC 13 CONSENT TO COLLECTION OF PERSONAL INFORMATION I/We consent to the collection, use and disclosure of personal information as requested within this Surveys Acknowledgement for the purposes described in "Project" above, and as required for regulatory disclosure, for as long as Ilwe own or occupy the Lands or as required by law. IIWe understand that the Company collects, uses, discloses and maintains personal information in accordance with the Persona! Information Protection and Electronic Documents Act and any applicable provincial legislation to the same effect. Ilwe undertake to inform the Company of any change to the information provided. For more information, please refer to the personal information policy of the Company: (http:l /www.transcanada.com /your- privacy.htmi) Land Representative Registered Owner Date Land Representative Registered Owner Date Land Representative Registered Owner Date Land Representative Registered Owner Date Land Representative Occupant Date Land Representative Occupant Date A.PF I Lew Pti.; ngs �_Ic FOR USE IN ALL PROVINCES EXCEPT QUEBEC 14 ADDITIONAL USEFUL INFORMATION LAND USE ! HERITAGE SITES USE OF LAND BY OTHERS, INCLUDING ABORIGINAL PEOPLE CURRENT LAND TRANSACTIONS ENCUMBRANCES OTHER FACILITIES INOTE LOCATIONS BELOW. ALSO STATE OWNERSHIP AND L15E_ INCLUDING CO -OP LINES AND I ANrfOWNFR FAC11 ITIFAI SPECIAL REQUIREMENTS TO BE OBSERVED DURING SURVEWCONSTRUCTION (CROPS. SOIL. WATER. TREES. GRASS. BUILDINGS. CANALS. RECREATION. ANIMALS. FENCES, CROSSING LANDOWNER FACILITIES, ETC.( NOTE: Please use the grid below to sketch landowner facilities, other company facilities, or areas of Concern or significance. FOR USE IN ALL PROVINCES EXCEPT QUEBEC 15 � slrio� ors Sun.mt.'.eii•eien•o- . g wcus rlawll rvaos � - ��ou�NRblEn[�uecllAFrF�� u `.�� gi5uplus_af�& rus blxwl: a fs1 6' Su • � �wm. auf,evu H 4w1 -1- ExcGURf[S ��a~� _ a orx %o ieH I ' �• caw <r as... a. 5 REPORT TO COMMON COUNCIL September 20, 2013 6 Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT: Request for permission to re -use text and photographic images, with a City of Saint John copyright, contributed to the online New Brunswick Register of Historic Places and Canadian Register of Historic Places. BACKGROUND: Brenda Peters - McDermott, who is currently conducting research for publication, has contacted the City with the above request. The publication will likely be a large coffee table sized book, essentially a curated architectural history of the inventory located within the original boundaries of the City of Saint John. This researcher has a track record publishing local history. Certain textual and photographic material in these two registries has been identified as filling in gaps in the researcher's information. Since this material is credited to the "Planning and Development Department - City of Saint John ", and because this would constitute a commercial redistribution / reproduction, the researcher is requesting our written permission. INPUT FROM OTHER SOURCES: The City Solicitor, City Manager and Commissioner of Growth & Development Services have all been consulted regarding this matter. RECOMMENDATION: In view of the foregoing, the following language is proposed for a resolution of Common Council: RESOLVED that the City Solicitor be directed to prepare an agreement granting permission for the re -use of textual and photographic content, copyrighted to the City of Saint John, that was contributed to the New Brunswick Register of Historic Places and Canadian Register of Historic Places and further that the Mayor and Common Clerk be authorized to execute the said agreement. Respee fully submitted, Da id B MA, MLIS Access & Privacy Officer City of Saint John 17 Patrick Woods CGA City Manager REPORT TO COMMON COUNCIL M &C2013 -205 September 23, 2013 His Worship Mayor Mel Norton And Members of Common Council Your Worship and Council, Re: Licence Agreement (Market Square) — F6 Networks Inc. 1=0 The cite of Saint kohn Recently, F6 Networks Inc. approached the City wishing to install fibre optic cable and conduit within the Market Square right-of-way which includes the basement of Barbour's General Store. A copy of their request letter which is attached to this report provides the rationale for the requested installation.. F6 Networks has confirmed they have been authorized by Bell Aliant to connect to their existing infrastructure in both the street right -of -way and in the Basement of Barbour's General Store. Similar to other utilities that currently excavate and reinstate City street rights -of -way to install their infrastructure, an Agreement is necessary to set out the terms and conditions upon which this can be done. In December 2012, a similar Licence Agreement was entered into between the City and F6 Networks with respect to infrastructure they were installing on Sandy Point Road. In order to protect municipal infrastructure, City staff requested that terms and conditions be put in place which would direct the manner in which F6 Networks would access and work within the street right -of -way, including the basement of Barbour's General Store. With the assistance of the Legal Department, staff entered into negotiations with F6 Networks to identify terms and conditions (including scheduling of the work) acceptable to both parties. The Legal Department prepared the attached Licence Agreement which reflects the terms and conditions agreed upon by both parties. It should be noted that there is no obligation on the City to pay any costs related to their infrastructure or its relocation under any circumstances. Based on discussions with the Real Estate Services division, a one -time fee was calculated for this Agreement. This fee was based on a licence having a street right -of -way width of 1.0 in and a length of 10.6 in and also an installation of length of 19.0 in within the building. The value for this Licence has been provided by Real Estate Services and is based upon land values for surrounding properties. Therefore F6 Networks shall pay to the City Two Thousand Two Hundred and Ninety Dollars ($2,290), excluding HST. M &C 2013 — 205 September 23, 2013 Page 2 RECOMMENDATION It is recommended that the City enter into the Licence Agreement attached to M &C 2013 -205 and that the Mayor and Common Clerk be authorized to sign the Licence Agreement. Respectfully submitted, 4b�*M y Holly Young, P. Eng. Manager, Infrastructure Development Wmn., Edwards, P. Eng, Commissioner, Transportation & Environment Services J. Patrick Woods, CGA City Manager 19 LEADERS IN ADVANCED COMMUNICATIONS July 25, 2013 Holly Young, P.Eng. Manager, Infrastructure Development Municipal Operations and Engineering City of Saint John PO Box 1971 Saint John, NB E2L 41-1 RE: Barbour Property to 75 Prince William St. Ms. Young, Our companies, F6 Networks Inc. and Cirrus9 Inc. (a Saint John -based provider of cloud hosting and datacentre services) are working in partnership to expand Cirrus9's facilities in the Saint John City Hall building to include a newly acquired site in the former Bank of Canada building at 75 Prince William St. We are requesting access to the basement of'the Barbour General Store and permission to install a new conduit system to connect that basement to the adjacent building at 75 Prince William St. This new site and the fibre optic connectivity to City Hall is part of a larger vision to have the F6 Networks fibre backbone pass through the downtown core of Saint John and develop a carrier neutral telecommunications hub in the City with access to Europe, Central Canada and the US Northeast. To enable this connectivity between the existing Cirrus9 site and;the Bank of Canada we will leverage an existing manhole and conduit path controlled by Bell- Aliant (F6 Networks has a Support Structure Agreement in place with Bell- Aliant that allows us access to these existing conduit structures). The existing telecommunications conduit path enters the basement of the Barbour General Store from manholes on the street. Where this conduit enters the building our intention is to immediately exit again by means of a core drill and place our fibre optic cable in a new conduit that will follow (underground) a path along the side of the Store towards the Bank of Canada. At a point where the conduit would cross the pathway between the two sites, F6 and its contractors will remove the existing brickwork, install the conduit and continue the installation of the fibre cable. The sidewalk in this area will be reinstated to the previous condition before the work. Our fibre will then be installed into the old Bank of Canada and the new Cirrus9 data centre. The sites at City Hall and the new data centre will then be connected by a high capacity fibre optic cable. 215 Beardsley Road, Woodstock, NB E7M 4E1 www.5networks ca Tel: 1-888-352-4343 PM: (506) 37.0 -4793 20 LEADERS IN ADVANCED COMMUNICATIONS This path is the least obtrusive to the existing infrastructure in the area and respects the needs of the businesses and visitors in the area to enjoy the downtown area without significant interruption. We will also take into account the schedules of the Cruise ships that routinely dock at the Port and ensure that our brief construction period is outside this busy time for the walking area. This project haslsignificant economic development potential in terms of IT related industries for Saint John, will further enhance the existing telecommunications infrastructure of the City, and increase Saint John's ability to attract telecom and IT infrastructure intensive businesses. We have prepared the appropriate documentation for Bell- Aliant and await the approval of the City and the stakeholders in the Barbour General Store to proceed with the permitting and eventual installation of the conduit and fibre optic cable, We are preparing a detailed engineering diagram to accompany this request. Thank you for your consideration in this matter. Sincerely, Tom Riving CEO F6 Networks Inc, X i' Fre Bullock CE Cirrus9 215 Seardsley!Road, Woodstock, NB E7M 4E1 www.4Cnetworks_ca Tol; 1- 888 - 352 -4343 Fax; (506) 328.4793 21 LICENCE AGREEMENT THIS AGREEMENT made this day of September, 2013 THE CITY OF SAINT JOHN having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (hereinafter called the "City ") - and - F6 NETWORKS INC., an extra- provincial corporation duly registered to do business in New Brunswick, having offices at 215 Beardsley Road, Woodstock, New Brunswick (hereinafter called the 76 ") WHEREAS F6 is a Canadian carrier as defined in Section 2 of the Telecommunications Act S.C. 1993, c.38, as amended; AND WHEREAS F6 is authorized under the Telecommunications Act to operate within the City; AND WHEREAS F6 wishes to construct, maintain, and operate its Transmission Facilities including wires, cables, ducts, conduits and other accessories, structures and equipment including service connections, in, on, under, over, along or across a portion of Market Square, including the facility known as Barbour's General Store, in the City of Saint John; AND WHEREAS F6 has requested the City's consent to construct its Transmission Facilities in, on, under, over, along or across a portion of Market Square, including the facility known as Barbour's General Store, in the City of Saint John, AND WHEREAS Council for the City has resolved to permit F6 to use a portion of Market Square, including the facility known as Barbour's General Store, to construct, maintain and operate its Transmission Facilities, subject to the provisions of this Agreement; 22 NOW THEREFORE THIS LICENCE WITNESSETH that for and in consideration of the mutual covenants and conditions herein contained, the City does hereby give, subject to the terms, conditions, covenants and provisions herein contained, permission and license to F6 to construct, maintain and operate its Transmission Facilities in, on, under, over, along or across that portion of Market Square, including the facility known as Barbour's General Store, depicted in yellow on Schedule "A" attached hereto and forming part hereof. IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: DEFINITIONS "Business Day" means any day that is not a Saturday, Sunday or a statutory holiday in the Province of New Brunswick; "Contractor" a contractor performing the Work on behalf of F6. "Engineer" means the City's Chief City Engineer or his designate with responsibilities for Rights -of -Way within the City "Transmission Facilities" means F6's wires, cables, ducts, conduits, poles, strands, anchors and other structures and associated accessories and equipment located within Market Square, including the facility known as Barbour's General Store; "Relocation Costs" include but are not limited to, costs for material, labour, and overhead F6 incurs to relocate Transmission Facilities located within Market Square, including the facility known as Barbour's General Store; "Right -of -Way" means all common and public highways (which includes any public street, road, lane, alley, way, manhole or catchbasin with roadwork) and shall include any bridge, viaduct or structure forming part of a highway, and any public square, road allowance or walkway and shall include not only the travelled portion of such highway, but also ditches, driveways, sidewalks, sodded areas forming part of the road allowance, now or at any time during the term hereof under jurisdiction of the City; "Work" means any construction, installation, operation, maintenance, repair, removal and rearrangement of Transmission Facilities in, on, under, over, along or across Market Square including the facility known as Barbour's General Store. 1. TERM 1.1 The term of this Licence Agreement shall commence upon the date of execution hereof and shall terminate ten (10) years after the first day of the month in which the Agreement is executed. F6 shall have the option to renew this Licence for a further term of 10 years at the then prevailing rate upon the same terms and conditions as are contained herein except this provision for renewal and the Licence fee, by providing written notice of its intention to renew to the City no later than 6 months prior to the expiration of the initial term. 23 2. LICENCE FEE 2.1 F6 shall pay to the City for the privileges herein granted a one -time fee of Two Thousand Two Hundred and Ninety Dollars ($2,290.00), excluding HST, on the 10"' day following the date of execution of this Licence Agreement. 3. GENERAL. CONDITIONS 3.1 F6 shall construct, maintain, operate and remove the Transmission Facilities in accordance with all applicable federal, provincial and municipal laws pertaining to the use of the Rights -of -Way and the Transmission Facilities. 3.2 F6 shall not use Market Square or the facility known as Barbour's General Store in whole or in part in any way other than as consented to by the City under this Agreement. 3.3 F6 may use a Contractor to perform the Work on its behalf, and when it does, this Agreement shall govern the Work. 3.4 F6 shall not excavate, break up or otherwise breach the surface of Market Square or install any of the Transmission Facilities in, on, under, over, along or across Market Square or in the facility known as Barbour's General Store without first advising the Engineer. 3.5 Prior to commencing Work, F6 shall coordinate the commencement of the Work with the Engineer, who shall establish terms and conditions consistent with this Agreement including, as may be required, reasonable performance requirements, under which the Work may be undertaken by F6. 3.6 Notwithstanding Sections 3.4 and 3.5 of this Agreement, F6 may carry out, without advising the Engineer, maintenance, repair and field testing, subscriber connections and installation of the Transmission Facilities where there is no need to excavate, break up or otherwise breach the surface of Market Square or enter the facility known as Barbour's General Store. Provided, however, that in the event that such Work activity will result in a disruption of traffic, F6 will notify the City. 3.7 F6 agrees that all Work conducted in, on, over, under, along or across Market Square and within the facility known as Barbour's General Store shall be subject to the following conditions: (a) For Work that involves the replacement or installation of underground Transmission Facilities, at least 20 business days before beginning of the Work, F6 shall file with the Engineer, a plan, stamped by a Professional Engineer registered in the Province of New Brunswick, satisfactory to the Engineer, drawn to a scale and of sufficient detail considering the complexity of the specific location, showing that portion of Market Square in which it proposes to lay the Work and the particular parts thereof it 24 proposes to occupy. The plan shall show the location, depth and dimensions of the proposed Work, to the extent information is provided by the City in hard copy and/or electronic format, existing curbs, sidewalks, property lines, sewer pipes, water mains, service connections and other underground utilities within 3.0 metres of the proposed Work and, to the extent information is provided by the City in electronic format, pavement surface, drainage ditches, trees, street lights, fire hydrants, curb stops, valve boxes and other relevant features with respect to the Work to be undertaken. For Work that involves the installation or replacement of Transmission Facilities which are not underground, at least 20 days before beginning the Work, F6 shall file with the Engineer a plan drawn to a scale and of sufficient detail considering the complexity of the specific location, showing that portion of Market Square or of the facility known as Barbour's General Store in which it proposes to install the Transmission Facilities and the particular location therein it proposes to install such Transmission Facilities. (b) Unless otherwise approved by the Engineer, F6 and the City agree that the Work involving the installation or replacement of underground Support Structures or Facilities will be installed at a minimum depth of 900 mm from the existing or planned finish grade and F6 will relocate, as required by the City, Work originally installed less than 900 mm from the existing or planned finished grade and the costs associated with the relocation shall be borne entirely by F6. (c) The location of the Work as shown on the plans submitted pursuant to subsection (a) hereof must be approved by the Engineer before the commencement of the Work and the timing, special terms and conditions relating to the installation of the Work shall be to his satisfaction. The Engineer shall be the final approval authority for the location of all Work located within Market Square or within the facility known as Barbour's General Store (d) No excavation, opening or work in, on, along, across or under Market Square or within the facility known as Barbour's General Store by F6 will be commenced until approval thereof has first been obtained from the Engineer as provided in subsection (c). An application for an approval shall be processed within 10 business days of receipt unless there are unusual circumstances. The approval of the Engineer shall not be unreasonably withheld. (c) All Work shall be conducted and completed to reasonable standards in the industry; (f) After completion of any Work, F6 shall, in accordance with the City's General Specifications and By -laws, restore or cause to be restored, at its cost, the Right - of -Way or municipal infrastructure which it may have excavated or interfered with in the course of installing, constructing, repairing or removing the Work located within the Right of Way, and shall make good any settling or subsidence thereafter caused by such excavation or interference. F6 shall make all commercially reasonable efforts to ensure restoration is completed within seven (7) calendar days after completion of the Work. 25 (g) F6 hereby warrants and agrees that all restorations or reinstatements of the brickwork, landscaping and asphalt located within Market Square undertaken by F6 or a Contractor of F6, shall remain intact for a period of two (2) years following the completion of such restoration or reinstatement. If, in the two year period, a restoration or reinstatement requires replacement, such replacement shall be at 176's sole expense and warranted by F6 for a further one (1) year period from such replacement. (h) F6 shall provide without charge, line location services to the City, together with a 24 hour -7 day emergency locate service. (i) F6 shall pay all costs related to the excavation, installation, repair and replacement, removal or moving of the Transmission Facilities. 0) The City makes no representations or warranties as to the state of repair of Market Square or the facility known as Barbour's General Store or the municipal infrastructure located or the suitability of same for any business, activity or purpose whatsoever and F6 hereby takes the said Market Square and the facility known as Barbour's General Store or municipal infrastructure on an "as is, where is" basis. (k) In the event that F6 encounters any existing environmental pollutant or contaminant while installing the Work, F6 shall, at its cost and in an environmentally responsible manner in compliance with all applicable legislation, dispose of the material it removes in the course of installing the Work. The City shall indemnify F6, its agents, officers, directors and employees from and against all losses, damages, claims, costs or expenses incurred in connection with or as a result of any order, direction or notice from a governmental authority requiring F6, its agents, officers, directors or employees to monitor, remediate, repair, neutralize or otherwise address the remaining environmental pollutant or contaminant. The foregoing shall survive any termination of this Agreement. (1) Trees, shrubs, flowers and other landscaping within Market Square are to be protected at all times. The Work is to be designed on the premise that, unless approved by the Engineer, the municipal trees, shrubs, flowers and other landscaping are not to be adversely affected by the installation or operation of the Work. (m) If any trees, shrubs, flowers and other landscaping within Market Square are damaged or destroyed as result of the Work, F6 shall, at its own cost and expense, repair any such damage or replace such trees, shrubs, flowers and other landscaping under the direction and to the satisfaction of the Engineer. (n) F6 shall be responsible for appropriate traffic and pedestrian control measures while working within Market Square. Where such work requires temporary re- routing of traffic within the Right -of -Way, F6 shall request approval from the Engineer at least two (2) business days in advance of the re- routing, except where the work is an emergency. F6 shall also notify the City's Public Safety and Communications Centre before the closure and upon re- opening of the Right -of -Way and notify the general public 26 of such traffic diversions, through the local media, at least 24 hours prior to the re- routing, except where the work is an emergency. (o) F6 will give reasonable notice to the public of all major construction taking place within Market Square or the facility known as Barbour's General Store and respond to all inquiries related to the Work. (p) F6 shall, at its sole expense, provide to the City as- built drawings in hard copy form and in electronic format compatible with the City's corporate G1S system within thirty (30) days after completion of any Work authorized by the City. The as -built drawings must horizontally locate the infrastructure relative to the New Brunswick Grid Co- ordinate System (NAD 83 or any system substituted in lieu thereof) and show depth of cover. F6 must also supply and X -Y coordinate list of each point surveyed and shown on the as -built drawings. (q) F6 shall complete the Work in accordance with the engineering drawings attached hereto as Schedule `B ", the City's General Specifications and all other applicable Federal, Provincial legislation and regulations. (r) With respect to Fork done within the Facility known as Barbour's General Store, F6 covenants and agrees to the following: i. F6 shall obtain at its cost all applicable permits and locates before commencing the Work; ii. F6 shall ensure that the hole that will be drilled through the foundation of the facility is weather and water tight sealed for the duration of the term and any renewal term; iii. in the event that the facility or anything contained therein is damaged during the Work, F6 shall make good such damage at its sole cost and expense and to the satisfaction of the City; iv. F6 shall be wholly responsible for the maintenance of the Transmission Facilities located within the facility and the City shall not be liable for any injury, loss, damage or expense to persons or property in any way related to the presence of the Transmission Facilities within the facility and F6 shall indemnify and same harmless the City, its employees and agents against all claims and demands arising out of or resulting from injury, loss, damage or expense in connection with the Transmission Facilities being located within the facility; v. To gain access to Barbour's General Store, F6 shall contact the City's Facilities Management division one (1) business day in advance of any required entry. 4. REPRESENTATIONS AND WARRANTIES 4.1 F6 represents and warrants to and covenants and agrees with the City that: 27 a) F6 shall not suffer or permit any lien to be filed or registered against Market Square or the facility known as Barbour's General Store in relation to F6's Transmission Facilities; and b) F6 shaIl keep the Work continuously insured, notwithstanding that the City may not hold a current insurance certificate. 5. NOTIFICATION TO CITY 5.1 After receiving a request from the City, its contractors or authorized agents, F6 shall identify the horizontal location of the Transmission Facilities, 5.2 F6 shall provide to the Engineer a list of its 24 -hour emergency contact numbers and shall ensure that such list is up -to -date and current. The City shall provide F6 with its 24- hour emergency contact numbers and shall ensure that its list is up -to -date and current. 5.3 F6 shall notify the Engineer of the completion of Work for all Transmission Facilities constructed or repaired within Market Square or within the facility known as Barbour's General Store within one (1) week of the completion of the reinstatement of the Right -of- Way, or the completion of the Work within Barbour's General Store, as the case may be. 6. RELOCATION 6.1 Upon receipt of not less than ninety (90) days advance written notice to the City, or such advance notice as is reasonable, having regard to the nature of the relocation required, F6 and the City shall enter into negotiations regarding the relocation. 6.2 In all circumstances, including when the Transmission Facilities must be relocated at the City's request, or because of the City's doing, F6 shall be solely responsible to pay all costs related to the relocation of the Transmission Facilities. 63 In no event and under no circumstances shall the City be responsible for any costs related to the Transmission Facilities, or their relocation. 7. LIABILITY AND INDEMNIFICATION 7.1 F6 does hereby indemnify and save harmless the City from and against all actions, causes of action, proceedings, claims and demands brought against the City, and from and against all losses, costs, damages or expenses suffered or incurred by the City, by reason of any damage to property, including property of the City, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of the City, caused by, resulting from or attributable to the negligent act or omission of F6 or any of its employees, servants, or agents in the performance of this Agreement and the Work. 7.2 The City does hereby indemnify and save harmless F6 from and against all actions, causes of action, proceedings, claims and demands brought against F6, and from and against all losses, costs, damages or expenses suffered or incurred by F6, by reason of any damage to property, including property of F6, or injury, including injury resulting in death, to persons, including the employees, servants, agents, licensees and invitees of F6, caused by, resulting from or attributable to the negligent act or omission of the City or any of its employees, servants or agents in the performance of this Agreement. 7.3 Notwithstanding anything contained in this Agreement, the City and F6 shall not be liable to each other in any way for indirect or consequential losses or damages, or damages for pure economic loss, howsoever caused or contributed to, in connection with this Agreement or with the Transmission Facilities governed hereby. 8. PAYMENT 8.1 F6 shall provide to the City an Irrevocable Standby Letter of Credit as set out in Schedule "C" upon execution of the Agreement, and said Irrevocable Standby Letter of Credit shall be renewed annually by F6. 9. TERMINATION 9.1 The City and F6 mutually agree that, should F6 fail to carry out any of the terms, covenants and conditions herein contained and fail within sixty (60) days after receiving written notice from the City to correct any such failure, the City may terminate this Agreement on thirty (30) days written notice. 9.2 If this Agreement is terminated, any unfulfilled obligations of F6 as at the date of termination of the Agreement shall survive. 10. SUCCESSORS AND ASSIGNS 10.1 This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 10.2 This Licence Agreement is not assignable, and any attempt to do so is void. 11. NO CREATION OR VESTING OF RIGHTS 11.1 No use of Market Square or the facility known as Barbour's General Store under this Agreement shall create or vest in F6 any ownership or property rights in Market Square or the facility known as Barbour's General Store or other lands owned by the City and F6 shall be, and remains a mere non - exclusive licensee of Market Square and the facility known as Barbour's General Store. Placement of Transmission Facilities in Market Square and the facility known as Barbour's General Store shall not create nor vest in the City any ownership or property rights in the Transmission Facilities. 29 12. WORKERS' COMPENSATION COVERAGE 12.1 F6 agrees that it shall, at its own expense, procure and carry, or cause to be procured, carried and paid for, full Workers' Compensation coverage for itself and persons engaged or employed by it in any Work with respect to the Transmission Facilities and Market Square and the facility known as Barbour's General Store. 13. INSURANCE 13.1 F6 shall obtain and keep in force during the entire term of this Licence, commercial general liability insurance for bodily injury and property damage, which coverage shall have an inclusive limit of not less than Five Million ($5,000,000.00) Dollars. The aforesaid policy of insurance shall name the City as an additional insured and shall contain a cross - liability clause. 13.2 At the time of the execution of this Licence and every year thereafter, F6 shall provide a Certificate of Insurance to the City evidencing the insurance coverage described herein and providing that the coverage shall not be altered or cancelled without the insurers giving thirty (30 days notice in writing to the City prior to any such alteration or cancellation. 13.3 In the event the City receives notice from the insurer that it intends to cancel or alter the said insurance coverage, the City may arrange for the continuation of the coverage required and recover the cost of such coverage from F6, who shall pay the City for such cost immediately upon request by the City. 14. NOTICE 14.1 Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery, prepaid ordinary mail or by facsimile transmission (with confirmation of receipt) to the City at: and to F6 at: The City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Attention: The Common Clerk Tel: (506) 658 -2862 Fax Number: (506) 658 -2802 F6 Networks Inc. 215 Beardsley Road Woodstock, NB E7M 4E1 30 Attention: Tom Rivington, President Tel: (506) 328 -9848 Fax Number: (506) 328 -4793 14.2 Any notice given by prepaid mail posted within Canada shall be effective five (5) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. If sent by personal delivery or by facsimile transmission, the notice shall be deemed to have been received on the next Business Day following the date sent. 15. ENTIRE AGREEMENT 15.1 This Agreement is the entire Agreement between the City and F6 regarding the subject matter of this Agreement and may be amended or supplemented only by a document executed by the parties hereto. 16. SEVERABILITY OF AGREEMENT 16.1 If any provision of this Agreement is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be considered severed from this Agreement and the remainder of this Agreement shall remain in full force and effect. 17. CONTRACTUAL RIGHTS ONLY CREATED 17.1 This Agreement creates contractual rights only between the City and F6 and not an interest in Market Square or in the facility known as Barbour's General Store and F6 covenants and agrees with the City that F6 shall not register this Agreement on title. 18. WAIVER 18.1 No alleged waiver of a breach of this Agreement is effective unless it is an express, written waiver of the party alleged to have given the waiver. No waiver by a party of any breach of this Agreement operates as a waiver of any other provision of this Agreement. 19. INTERPRETATION 19.1 In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine gender includes feminine. 20. GOVERNING LAW 20.1 This Agreement shall be governed by, and construed and enforced in accordance with the laws of the Province of New Brunswick and the laws of Canada. 20.2 The schedules attached hereto are incorporated in and form a part of this Agreement. 31 IN WITNESS WHEREOF the Parties hereto have executed this Agreement in duplicate as of the date first aforementioned. F6 NETWORKS INC.. Per: rsa grv�tNe,-ret4 Title: THE CITY OF SAINT JOHN Mayor Clerk Common Council Resolution: 32 IN � S 0 Q ± CY) | !� 2 ct Z'w \ .t§ §)| z A U) \ e ( [ § 2 At �` | 33 ) O| ) | § � , •a A LO m A all ��slt aL r e w a z 0 i 0 3=' � rr� i qs S r� lilt 1� + m¢ iu s a= } I I W HR Ilmj� HIM � 4 S I' 3 e My fill 5C a� I Z � S' z +imx8� G . o � CW7� ENFO d 2 Ua 2 +m33C '�<UK mz K haw =W 29 d��u Enm A all ��slt aL r e w a z 0 i 0 3=' � rr� i qs S r� lilt 1� + m¢ iu s a= } I I W HR Ilmj� HIM � 4 S i Q Y e�& �Fs awnos 13vim �y uy � fpps e@ 3 3 3 I' 3 e My fill d 2 Ua 2 +m33C 0 a i Q Y e�& �Fs awnos 13vim �y uy � fpps e@ 3 3 3 1 cp - 0cp - GR W, 7$ PRINCE WILLIAM STREET - PID 0 55141808 uj 7 SD z a I' 3 e My fill 1 cp - 0cp - GR W, 7$ PRINCE WILLIAM STREET - PID 0 55141808 uj 7 SD z a SCHEDULE "C" Letter of Credit For purposes of Subsection 8.1(2) of this Agreement, F6 shall provide an Irrevocable Standby Letter of Credit, which is to be renewed automatically, issued by a Chartered Bank in the amount of $5,000.00 to the City to guarantee the cost of restoration of Market Square or the facility known as Barbour's General Store. Should F6 fail within a reasonable time to do any work required by the City in accordance to this Agreement, the City may do or cause such work to be done and F6 shall, on demand, pay any reasonable account therefor as certified by the Engineer. Should F6 fail to pay forthwith on demand, the City will draw on the letter of credit to pay the sum demanded. 35 REPORT TO COMMON COUNCIL M &C 2013 -204 September 20, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Forest Hills Fence Replacement - Recommendation for Award of Contract BACKGROUND The City of saint John Tenders for the replacement of the chain link fencing around the ballfields of the Forest Hills complex closed on Wednesday September 18, 2013. This tender requires bidders to provide all necessary labour, materials and equipment forthe: • Removal and replacement of the chain link fencing, vehicle and pedestrian access gates • Removal and replacement of the backstops • Removal and replacement of the dugouts The noted work is much needed and represents a significant investment into Saint John's sports and recreational facilities. As part of the 2013 General Fund Capital Budget Council allocated $250,000 towards the Facility Renewal Fund, which is intended for the regular repair or replacement of existing recreational infrastructure including this particular project. INPUT FROM OTHER SOURCES — MATERIALS MANAGEMENT A public tender call was issued on August 29, 2013 and closed on September 18, 2013. Two companies responded to the tender call by submitting bids. The results are as follows: COMPANY NAME TENDER PRICE` Maritime Fence Ltd. $112,020.00 Fundy Fence Ltd. $184,900.00 'Excluding HST Staff of Materials Management 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 perform the work, 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. 36 Report to Common Council page 2 of 2 Forest Hills Fence Replacement - Recommendation for Award of Contract RECOMMENDATION It is recommended that tender no. 2013- 083101T - Forest Hills Fence Replacement be awarded to the low tenderer Maritime Fence Ltd. at a tender price of $112,020.00 plus HST and further, that the Mayor and Common Council be authorized to execute the necessary contract documents. Respectfully submitted, Michael Hugenholtz, P.Eng. Deputy Commissioner, Transportation and Environmental Services Patrick Woods, CGA City Manager 37 Wm. Edwards, P.Eng. Commissioner, Transportation and Environmental Services -5 arl �v 19 September 2013 Common Council City of Saint John Saint John, N.B. Dear Mayor and Council; Saint John YM -'YWCA 130 Broadview Ave. Saint John, NB EX 5C5 Tel: 506- 693 -9622 Fax: 506- 634 =0783 We listened with interest to Council on September 91h and your concerns as to the number of organizations delivering services to newcomers in Saint John. We thought it may be helpful to explain what we do, and have been doing for over 20 years, with the support of Citizenship and Immigration Canada (CIC) and the Population Growth Division (PGD) of the Department of Post - Secondary Education, Training and Labour. As mentioned, Settlement Services of the YMCA of Greater Saint John has been working with immigrants to Saint John for 21 years. Our mandate is to facilitate the arrival of people and their integration into Canada in a way that maximizes their contribution to the country; maintain Canada's humanitarian tradition of protecting refugees; enhance the values and promote the rights and responsibilities of Canadian citizenship. Beyond this, we work with all newcomers we meet to encourage and support them to remain and successfully build a life in Saint John. With 13 languages represented in our highly experienced staff of over 25 individuals, YMCA Settlement Services offers a wide range of programming along three main pillars: Language —Through the national program, Language Instruction for Newcomers to Canada (LINO), 13 language classes are offered by certified ESL instructors from Monday to Friday, ranging from literacy to advanced intermediate levels. A LILAC study -at -home option, one -on -one language tutor sessions, and group conversation clubs are available to immigrants who are unable to attend regularly scheduled LILAC classes and /or require additional language support. Settlement — a team dedicated to ensuring that all settlement and integration issues a newcomer may encounter are effectively dealt with and the newcomer is fully informed and engaged in their settlement process. Employment — A highly qualified employment team ensure that ongoing employment readiness training, business networking opportunities, and knowledge of the foreign credential recognition process for newcomers is comprehensive in nature and learner- centered in approach. Of course, of much greater significance is our impact on the Saint John community, both indigenous and newcomer: • Every day over 100 new immigrants attend our language classes on Broadview Avenue. Building L,ealfi„y c.ommunifies Page 2 • Every month we help over 200 newcomers settle in Saint John. New and existing immigrants receive a variety of free customized services ranging from settlement counselling, community referrals, youth programming, volunteer opportunities, Canadian culture and life skills orientation for those not familiar with the Canadian way of life; to helping them navigate the plethora of documents required to access health and education. • Every year we enable dozens of immigrants to get the right training and the right advice to find the job they need to ensure a successful integration. • We work very closely with many community and government associations to ensure that they understand the needs of our clients and where appropriate, we facilitate access to their services by our clients. This may include medical health, dental health, mental health, public transport and community advocacy services. • We are at present working with the school system to ensure that young newcomers and their parents understand the process and how best to succeed; and that the school system understands the challenges of a young student trying to integrate and that no one gets lost in the system. • Through the Resettlement Assistance Program, we welcome and help resettle approximately 60 Government assisted refugees and community sponsored refugees in Saint John each year. • We recognize that integration is a two -way street. Newcomers have an obligation to try to integrate into society but Saint Johner's also have an obligation to accept newcomers and appreciate the diverse skills, knowledge, experience, and culture they bring to the city. We have a team that works on both these initiatives by, on the one hand, engaging Saint Johner's to meet and get to know our newcomers and, on the other, by motivating newcomers to get involved in Saint John life, typically by volunteering with different community associations and groups. At all times the larger YMCA of Greater Saint John is available to see that the newcomers have access to the very best in childcare, after- school programs and summer camps. Newcomers become integrated in the community through their participation in our activities and programming and many also are successful in seeking employment with us. The YMCA of Greater Saint John exists to make Saint John a better place, as we say "to build a healthy Community". We believe that a healthy community is diverse, welcoming and accepting of all who wish to make this wonderful city their home. At Settlement Services, we are guided by our mandate, energized by our vision, and encouraged by the tremendous impact seen all around us. We trust that this is useful in your understanding of what the YMCA of Greater Saint John does in the realm of delivering newcomer support services and should you have any further question we would be pleased to address them. Sincerely, Shilo Boucher, CA President & Chief Executive Officer 39 REPORT TO COMMON COUNCIL M &C- 2013 -209 September 25, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up — ,Sanitary Lift Station #31 Sewer & Forcemain Easements PIDs # 55176762, 55109755, 55110456 and 55109813 BACKGROUND: 1 City of Saint John In relation to the Sanitary Lift Station # 31 (SLS #31) portion of the Harbour Clean -Up Project, the City has acquired: I ) the freehold land for the lift station itself from Moosehead Breweries Limited, 2) gravity sewer easements across Moosehead Breweries Limited land, 3) a right of way from Main St West to the lift station site from J.D. Irving, Limited, and 4) a right of way to the lift station site from Bridge Road Properties Limited (owner) & T.S. Simms & Co. Limited (tenant). There are 4 easements left to be acquired from the J.D. Irving group of companies (JDI) as follows: 1) 241 sq in +/- through PID 55176762 of J.D. Irving, Limited, 2) 365 sq in +/- through PID 55109755 of New Brunswick Southern Railway Co. Ltd., 3) 406 sq in +/- through PID 55110456 of New Brunswick Southern Railway Co. Ltd., 4) 339 sq m +/- through PID 55109813 of Saint John and Maine Railway Company, (collectively "Easements "). Temporary easements and access rights are also required from JDI during the construction phase of the project as follows: 1) 365 sq in +/- construction easement through PIDs 55109813, 55109755 & 55110456, 2) 152 sq in +/-construction easement through PID 55110456, 3) 1,068 sq in +/- right of way through PID 55109813, (collectively "Temporary Construction Areas "). The general Iayout of the Easements and Temporary Construction Areas are shown on the sketch prepared by CBCL Limited dated March 2013, a copy of which is attached to this letter. all Report to Common Council M &C 2013 -209 September 25, 2013 Page 2 Subject to Common Council approval, staff negotiated with JD1 for the City's purchase of the Easements and Temporary Construction Areas for the price of $34,472.67, the appraised value of same + 25% (+ HST if applicable), as for all previous Harbour Clean -Up acquisitions. RECOMMENDATION: 1. That The City of Saint John enter into a Memorandum of Agreement with JD Irving, Limited, New Brunswick Southern Railway Co. Ltd. and Saint John and Maine Railway Company for the purchase of easements necessary for Sanitary Lift Station # 31, in the form and upon the terms and conditions as attached to M &C 2013 -209, and, 2. That the Mayor and Common Clerk be authorized to execute the said Memorandum of Agreement and all documentation required to complete the contemplated purchase. Respectfully submitted, Paul Wilson, BBA Real Estate ©fficei Y and PWWip attachments Rfns, CGA, MBA ier of Finance strative Services Brian Irving, BBA Senior Manager Real Estate Services kf rick Woods, CGA d Manager a Memorandum of Agreement (Municipal Services Easements Required for Harbour Clean -Up) This agreement is dated September 20, 2013 and is between The City of Saint John (the "City "), and J.D. Irving, Limited (1131 "), New Brunswick Southern Railway Co. Ltd. ( "NBSR "), and Saint John and Maine Railway Company ( "SJMR ", and together with JDI and NBSR, the "Irving Companies "). The parties agree as follows: 1. Easements for Municipal Services. The City requires Easements for Municipal Services over lands owned by the Irving Companies to construct municipal works consisting of underground infrastructure (the "Infrastructure ") which will gather and convey sewage to and from the site of future Sewer Lift Station #31 (the "Lift Station ") to be constructed on land owned by the City and bearing PID No. 55219372. The Irving Companies agree to provide the following Easements for Municipal Services (the "Easement Lands "): (1) JDI agrees to provide an Easement for Municipal Services over a portion of its lands identified as New Brunswick PID No. 55176762 as shown highlighted in blue on Schedule A attached hereto; (2) NBSR agrees to provide an Easement for Municipal Services over a portion of its lands identified as New Brunswick PID Nos. 55110456 and 55109755 as shown highlighted in blue on Schedule A attached hereto; and (3) SJMR agrees to provide an Easement for Municipal Services over a portion of its lands identified as New Brunswick PID No. 55109813 as shown highlighted in blue on Schedule A attached hereto. 2. Conditional. The Easements for Municipal Services to be granted by the Irving Companies are conditional on the completion and commissioning of the Lift Station by the City, including all necessary approvals, and are for the sole purposes of conveying sewage to and from the Lift Station. 3. Temporary Construction 'Easement and Temporary Construction Right of Way, The City requires temporary construction easements during the construction of the Infrastructure within the Easement Lands as well as a temporary construction right of way to access the Easement Lands in order to perform and complete the said construction. The Irving Companies agree to provide the following temporary easements and right of way over its lands (the "Temporary Construction Easement Lands "): (1) SJMR hereby grants to the City a licence to enter a portion of its lands identified as New Brunswick PID No. 55109813 and NBSR hereby grants to the City a licence to enter a portion of its lands identified as New Brunswick PID Nos. 55109755 and 55110456, all as shown highlighted in yellow on Schedule A and having an area of 365 square metres, for the purpose of accessing the Easement Lands to perform and complete the construction of the Infrastructure within the Easement Lands. This license expires on the earlier of the completion of the construction of the Infrastructure within the Easement Lands, or the 31" day of December, 2014; and 42 Pap, e J2 (2) NBSR hereby grants to the City a licence to enter a portion of its lands identified as New Brunswick PID No. 55110456 as shown highlighted in yellow on Schedule A and having an area of 152 square metres for the purpose of accessing the Easement Lands to perform and complete the construction of the Infrastructure within the Easement Lands. This license expires on the earlier of the completion of the construction of the Infrastructure within the Easement Lands, or the 31St day of December, 2014; and (3) SJMR hereby grants to the City a licence to enter a portion of its lands identified as New Brunswick PID No. 55109813 as shown highlighted in yellow on Schedule A and having an area of 1,068 square metres for the purpose of accessing the Easement Lands and the Temporary Construction Easements to construct the Infrastructure within the Easement Lands. This license expires on the earlier of the completion of the construction of the Infrastructure within the Easement Lands, or the 31" day of December, 2014. 4. Right of Early Access. The City requires a license for early access to the Easement Lands and the Temporary Construction Easement Lands in order to begin construction in a timely manner and before the easements are granted as contemplated in section 1 hereof. The Irving Companies agree to provide early access to the Easement Lands on the following conditions: (1) the City, by its authorized representatives, with such equipment as may be necessary, are hereby granted a license to enter the Easement Lands and the Temporary Construction Easement Lands at any time, provided such license is exercised in accordance with the terms of this memorandum of agreement; (2) this early access is to allow the City to construct and install the Infrastructure on the Easement Lands; (3) this early access will terminate at the same time as the licenses specified in section 2; (4) any entry to and upon the Easement Lands and the Temporary Construction Easement Lands shall require at least forty -eight (48) hours prior notice to the Irving Companies; (5) any entry by or on behalf of the City shall be at the City's risk, cost and expense and the City shall make good any and all damage caused to the Easement Lands or the Temporary Construction Easement Lands; and (6) the City, for itself and its authorized representatives, hereby indemnifies and saves harmless the Irving Companies from and against all matters arising by reason of the exercise by the City or by its authorized representatives of the rights given by this right of access. 5. City Obligations. (a) The City will exercise its rights over the Easement Lands and the Temporary Construction Easement Lands so as to cause the least possible disturbance or interference with the operations of the Irving Companies. The City acknowledges that the primary use of the Easement Lands and the Temporary Construction Easement Lands are the activities of the Irving Companies. (b) The Irving Companies and their related entities utilize the Easement Lands and the Temporary Construction Easement Lands in part for a heavy haul road and access to other properties, 43 Page 13 and also as a railway. The parties acknowledge and agree that these Irving operations are active, in some cases continuous in operation, and will continue during the installation of the underground infrastructure. The City's construction activities will be performed with all reasonable effort to minimize any disruption to the Irving Companies' operations and will be carried out expeditiously. (c) Once construction activity on the underground infrastructure commences it will not be interrupted nor disrupted by the City or its contractors. The City's construction activities will be undertaken in accordance with schedules developed in consultation with the Irving Companies. The City shall request, in writing, the approval of the applicable Irving entity to the schedule of the construction activities, which approval will not be unreasonably withheld or delayed. (d) All access to the Easement Lands and the Temporary Construction Easement Lands is conditional on the City's application and receipt of a right of entry permit from NBSR and the City's compliance with the terms of such access permit and the conditions outlined in correspondence from NBSR, dated March 21, 2013, a copy of which application and correspondence is attached as Schedule B: (e) The parties will agree on the final form of the Easement for Municipal Services which will be substantially in the form as attached hereto as Schedule C with such amendment as may be required to enable registration in the New Brunswick Land Titles Office (Saint John). The City will be responsible for all costs to complete the Easement for Municipal Services, including all survey and registration costs. 6. Compensation. Compensation for the Easement for Municipal Services and the Temporary Construction Easements will be as set out in Schedule D. 7. Risk and Indemnity. The City assumes all risks of, and the Irving Companies, their employees and agents will not be liable for, any injury (including injury resulting in death), loss, damage or expense to any person or property while on the Easement Lands or the Temporary Construction Easement Lands and the City shall indemnify and save harmless the Irving Companies, their employees, agents and affiliates against all claims and demands arising or resulting from any injury (including injury resulting in death), loss, damage or expense in connection with the use of the Easement Lands or the Temporary Construction Easement Lands by the City, its employees, agents or those for whom the City is responsible. [Signature page follows.] J, I M1 Page 4 The parties are signing this agreement on the date stated in the introductory clause. THE CITY OF SAINT JOHN By: Mayor By: Common Clerk Common Council Resolution J.D. IRVING, LIMIT*D By: James . Irving, Co Pr siden pgP�Q� Mark Mosher, Vice President By: C�. Bruce A. Drost, Assistant Secretary NEW BRUNS ICK S TH N RAILWAY CO. LTD. By: James D. Irving, Co- Prpeside Ian Simpscif, G -feral Manager By: Q Bruce A. Drost, Assistant Secretary SAINT JOHN I LWAY COMPANY James D. Irving, Co- President By: Ian Simpson, eral Mana er By: a Bruce A. Drost, Assistant Secretary 45 a N S 7` V a i i i I,- °pAe1gs cQ1 APPROXIMATE AREA OF EkSEMEWr: 330e A MAINE RAIL OAS — COMPANY PID 8810o813 551486 g1 PROPOSED CSO AREA.OF._ CABER #2 RIGHT OF WAY NEW BRUNSWICK i� TRNLWAY CO LTD 36 GAS METER STATION >E AREA OF °lkjwl, CONSTRWTION RIGHT OF WAY: 152m' OWNER: NEW 9R1mISw6CK SOUTHERN RAILWAY CO LTD PI! 5511" PROPOSED to SWARM LIFT STATION WELL At 31 WET \�sa BUILDING PROPOSED CSO CHAMBER #I APPROXMMTE AREA OF ~ EXISTING EASEAIw. EUEN51GN 241m' OWNm J.D. IRVING. Uk*TED PID 55176762 ��J92 APPROM ATEE AREA OF EASF1Af?Tf 408m' OWNER: NEW ss'ovsts / BRUN WW YOUTHERN PE 55110456 � 4 APPROMATE AREA GF h FJ DAErT: 38Nve OWNEt: NEW SOUDiERN .. RAILWAY CO LTD PROPOSED RELO070 PEI 55100755 E,ECrwk EQUIP". FACE OF PANES S57-09 >s, OF APPRO)BMME AREA TO 10' FROM CON5TRUcww mw OF wAY: 365m' RAC OWNER: NEW BRUNSWICK SOUTHERN RAILWAY CO LTD % PID sS7101S6 & 551OP55 1 w---� (CBCL L KrED client CITY OF SAINT JOHN SANITARY LIFT STATION #31 Coy subV ErGrfmn MUNICIPAL OPERATIONS & FORCE MAIN & SEWER Drawn ENGINEERING PRELIMINARY DESIGN Scale AR rj r� rT r I ?r r �e or Issue PRELIMINARY DESIGN REPORT DLM itmignea DLM 1:750 contract ° 082828 Q J SCHEDULE ��" NEW BRUNSWICK SOUTHERN RAILWAY ( "NBSR ") APPLICATION - CONTRACTOR RIGHT OF ENTRY PERMIT" No contractor may enter onto or commence construction activities or preparations therefore under any circumstances until NBSR'S approval of this Application has been granted. If Application is granted the permit is only valid for the specific location, scope of work and duration approved for such application. 1. Name of Applicant (Exact legal name of the contactor, subcontractor or Owner of utility, as the case may be) 2. 3 State of Incorporation , if not incorporated, please list entity's legal status Address, email, phone, fax number of Applicant Address: Email: _ Phone: _ Fax: Name, address and phone number of Applicant's designated contact individual to whom Application decision and/or further questions are to be sent Name: Title: Email: Phone: Fax: 4. Project site location: 5. 7 (City, County and State) Railroad site location information: (Railroad Mile Post, Subdivision, or any other pertinent location detail.) Time period for your project use of Railroad Company's property. Start Date: End Date: Will there be any activity or equipment within 30 feet of a Railroad track in connection with this property? ( ) No ( ) Yes (ff' Yes, a Flagman will be required on site at your cost; details of cost available on request,) A Permit Application and Document Processing Fey: of $500,00 must. nccoinpauy submission of This Application, 47 I FS _2— 8. Will there be any excavation involved? ( ) No ( ) Yes (If Yes, include shoring plans within American Railway Engineering and Maintenance -of -Way Association "AREMA" standards.) Subject always to Contractor's indemnification obligations in Article 1 i (below), any excavation performed on an NBSR site is done at Contractor's acceptance of any and all risk as to sub- surface conditions, underground impediments and/or dangers. Further, Contractor shall not perform any environmental testing or analysis without NBSR's express prior written consent. 9. Purpose of your request: (This must be detailed & complete; attach engineering plans, shoring plans and any pertinent supporting details, including maps or prints.) 10. Insurance: Contractor will maintain at its expense: (i) comprehensive general or public liability insurance with a minimum Iimit per occurrence of $5,000,000; (ii) workers' compensation or employer's liability as required by local law, such policies waiving any subrogation rights, all legal liability and claims against NBSR, and (iii) automobile liability insurance as required by local statute but not less than $5,000,000 if a vehicle will be used in the performance of construction on an NBSR site. Insurance required under this Article 10 will name NBSR as an additional insured with respect to Contractor's insurable interest, will be primary or non - contributory regarding insured damages or expenses, and will be purchased from insurers of sound, commercially recognized financial standing. H. Liability & Indemnity: Contractor shall be liable for any and all claims, damages, actions, expenses, fees, fines, remediation costs, etc. ( "Claims ") howsoever arising in connection with or otherwise occasioned as a result of Contractor's activity on, under or near the NBSR site; and, Contractor shall promptly indemnify and hold NBSR (including its affiliates and officers, directors, employees and agents of each) harmless from and against any and all such Claims and associated costs (including reasonable attorney's fees). 12. Compliance with Law: Contractor shall, at all times while on an NBSR site and/or acting in connection with any project on an NBSR site observe and obey all applicable laws and regulations. 13. Confidentiality: 600198.vI If and to the extent that this Application is approved by NBSR, the terms and conditions set forth herein shall become an Access Permit, with all its terms and conditions binding on the Contractor. During the term of the Contractor's Access Pern7.it and after the expiration or termination of the same, for any reason whatsoever, each party shall keep the existence and terms of the Access Permit, as well as any information disclosed to or otherwise learned by the Contractor during or in connection with its access to the site (including but not limited to site conditions) and /or its proximity to NBSR and /or its affiliates (the "Confidential Information ") confidential. Neither party shall disclose any of the Confidential information to any person other -3— than its employees and fiduciary advisors unless required to do so by law. Where disclosure is made to employees, it shall be made only to employees who would, in the ordinary course of business need to know such information. Neither party shall use or allow the use of any Confidential Information for any purpose other than (i) in the performance of its duties and obligations under this Agreement or (ii) in the exercise of its rights under this Agreement. 14. Applicable Safety Rules. Safety is a priority at NBSR and, at the discretion of NBSR, contractors may be required to have all personnel entering onto an NBSR site participate in an orientation program, as in effect from time to time. A set of minimum standards have been developed for contractors entering onto an NBSR site. The goal of these rules is to minimize risk and eliminate accidents caused by the violations of such rules. All contractors while on NBSR property MUST observe these safety rules: • Following applicable labour codes and Occupational Health and Safety Act. • Protective footwear shall be worn wherever there is a hazard of foot injury. * Protective headgear shall be worn wherever there is a hazard of head injury. • Protective eyewear shall be worn wherever there is a hazard of eye injury. • Only authorized personnel to be in or around rail equipment. • Contractors must expect the movement of trains, engines, or track units at any time in either direction. • Keep a safe distance from passing trains or rolling stock to avoid protruding or falling objects and leaking substances. + While crossing tracks, walk straight across and be at least 20 feet from equipment standing adjacent to the tracks. • Sitting on tracks or any part of track structure is prohibited. Contractors working on an NBSR site must have protection provided. by NBSR at all times. + Responsible to contact "Call before you dig" (or similar governing body as may be applicable). 15. Railway Track and Train Operation: General • NBSR reserves the right to prohibit or halt, without prior notice, any of the Contractor's work which may have repercussions on rail operations, that has not been coordinated with NBSR personnel. + Protection against railway traffic shall be in accordance with the Canadian Rail Operating Rules (CROR). Contractors shall comply with these rules. + Workers or visitors shall be made aware of safety procedures to follow when working or being near a railway track. • Do not unnecessarily interfere with the movement of trains. Ensure that no NBSR plant, signal, structure, equipment or property of any kind is tampered with, modified or removed. Restriction for working on or adjacent to railway tracks • Do not plan work to be performed within 10 in (30 ft) of the nearest rail of any railroad track unless written permission is obtained from NBSR. i -f98vt 49 d�l -4— « Where work is to be performed less than 10 in (30 ft) from the nearest rail or where otherwise deemed necessary by the railroad, NBSR will assign a Protecting Person and other NBSR Personnel for protection of the Railway's operation. • Do not continence work involving track protection at the start of each day or work. shift unless authorized by NBSR. + Do not continue or resume site work outside of daily hours unless approved by NBSR. • No equipment, worker or visitor shall access a NBSR Railway track or a NBSR structure without NBSR authorization and the assistance of a NBSR Protecting Person. • No vehicles or machinery shall cross tracks anywhere other than a level crossing unless special precautions are taken with NBSR authorization. • The Contractor shall ensure that all its employees, agents and representatives assigned to the work do not crawl under, climb over or pass between standing rail equipment. The Contractor(s) signing below understand and agree that upon approval of this application, it shall become an Access Permit and the terms and conditions set forth herein shall become binding on the Contractor(s). Date: Signature of all contractors: Name: Name: Name: For NBSR use only Approval of NBSR & Relevant Conditions: Name: Title- Conditions- New Brunswick Southern Railway 600r98.v 50 011/1 ,B Quthem Railway 11 Gifford Road, P.Q. Box 3189, Saint John,_N B Canada E2M 4X8 Tel: 546- 632 -5810 Fax: 506 -632 -5818 -- - March 21, 2013 Mr. John Pappas JD Irving 300 Union Street Saint John, N0 E21- 4M3 Jahn, Concerning the request by the City of Saint John Municipal Operations & Engineering for approval to install and maintain a sanitary lift station — #31 force Main & Sewer Lines as outlined in preliminary design drawing No C001 dated September, 2012, Listed below are conditions required by the Applicant or their agents to be in compliance with: 1) Make application for permit entitled, Contractors Right of Entry Permit and be governed by its conditions. 2) Submit final plans and design drawing to scale showing the relationship of the proposed pipeline to railway tracks and existing structure for approval. 3) Installation must be in compliance with standards known as the "Pipeline Crossing Standards" Transport Canada (TCE -10) (June 21, 2000). 4) Construction must meet all Provincial and Municipal standards and regulations. 5) Easement area must remain at least 10' from the center of track, except for approved crossing location. 6) Applicant responsible for identifying underground services, foundation limits, etc., as not to affect the integrity of such assets. Regards, r Steve Wills Cc: Al Hubbard Ian Simpson 51 (Y Form 14 EASEMENT Land Titles Act, S.N.B. 1981, c.L -1.1, s. 24 Parcel Identifier of Parcel Burdened by Easement: Parcel Identifier of Parcel Benefited by Easement: Grantor of Easement Grantee of Easement: Description of Easement: Purposes of Easement Diagram of Easement: J.D. Irving, Limited 300 Union Street P.O. Box 5777 Saint John, NB E21- 4M3 City of Saint John (The) 8 t Floor, City Hall Building 15 Market SQ P.Q. Box 1971 Saint John, NB E21- 41-1 See Schedule A See Schedule A See Schedule B SCHEDULE "C" The grantor grants to the grantee the described easement over or in the specified Parcel for the specified purposes. Date: Grantor of Easement: J.D. IRVING, LIMITED Per. And: 2013 52 e Grantee of Easement: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 2013 53 e SCHEDULE A DESCRIPTION AND PURPOSE OF EASEMENT Lands subject to the description and purpose of easement: ALL that certain piece and parcel of land lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick more particularly described as follows: [Insert description of Easement Lands] An easement and rights at the cost, risk and expense of the Grantee of Easement by its officers, servants, agents, contractors and workers to enter the Easement Land with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground pipelines, storm sewers, or any like municipal works, including all related works appurtenant thereto, promptly restoring as far as practicable the surface of the lands to the same condition as it was prior to the commencement of the work or excavation, together with right by action or otherwise at any time to enjoin the owner of the parcel burdened by this Easement including the heirs, executors, administrators, successors and assigns of such owner from erecting or locating on the Easement Land any building, structure or other obstacle which could impair the free or full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle; provided that upon completion of the installation of the municipal work or other work, the Grantee of the Easement shall reinstate any portion of the Easement Land disturbed by excavation to the same or better condition existing prior to the installation of the work. And the Grantor of the Easement shall have the right to use the Easement Land for any lawful purpose, subject to the restrictions hereinbefore set forth. CONDITIONS: The following conditions apply with respect to any construction, alteration, maintenance, inspection or repair of underground pipelines, storm sewers, or any like municipal works (the "Work") on the Easement Lands: 1. The Grantee will exercise its rights over the Easement Lands so as to cause the least possible disturbance or interference with the operations of the Grantors. The Grantee acknowledges that the primary uses of the Easement Lands are the activities of the Grantors and their related entities. 2. The Grantors and their related entities utilize the Easement Lands in part for a heavy haul road and access to other properties, and also as a railway. The parties acknowledge and agree that these operations are 54 active, in some cases continuous in operation, and will continue during the installation of the underground infrastructure. The Grantee's Work will be performed with all reasonable effort to minimize any disruption to the Grantors' operations and will be carried out expeditiously. 3. The Grantee assumes all risks of, and the Grantors, their employees and agents will not be liable for, any injury (including injury resulting in death), loss, damage or expense to any person or property while on the Easement Lands and the Grantee shall indemnify and save harmless the Grantors, their employees, agents and affiliates against all claims and demands arising or resulting from any injury (including injury resulting in death), loss, damage or expense in connection with the use of the Easement Lands by the Grantee, its employees, agents or those for whom the Grantee is responsible. 4. Prior to commencing any Work, the Grantee requires a valid right of entry permit, issued by New Brunswick Southern Railway Co. Ltd. (or a successor operator). 5. The Grantee shall submit final plans and drawings to scale showing the relationship to the proposed Work to the railway tracks and existing structures for approval by Grantor prior to commencement of any Work. 6. Installation of any Work must meet all Federal, Provincial and Municipal standards and regulations, including the standards known as the "Pipeline Crossing Standards" Transport Canada (TCE -10) (June 21, 2000), as may be amended. 7. The Grantee is responsible for identifying underground services, foundation limits, etc., and shall not affect the integrity of those assets. 55 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c. L -1.1, s. 55 Deponent: 300 Union Street, P.O. Box 5777 Saint John, NB E2L 4M3 Office Held by Deponent: Corporation. J.D. Irving, Limited Other Officer Who Executed the Instrument: 300 Union Street, P.O. Box 5777 Saint John, NB E21- 4M3 Office Held by Other Officer Who Executed the Instrument: Place of Execution: City of Saint John Date of Execution: I 2013 the deponent, make oath and say: 1. That I hold the office specified in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above, as the officer duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation; 4. That the instrument was executed at the place and on the date specified above. 56 5. That the ownership of a share of the corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at the City of Saint John, in the County of Saint John, Province of New Brunswick on the day of , 2013. BEFORE ME: Commissioner of Oaths Being a Solicitor 57 Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L -1.1, s. 55 Deponent: Jonathan A. Taylor City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Office Held by Deponent: Corporation: Other Officer Who Executed the Instrument: Office Held by Other Officer Who Executed the Instrument: Place of Execution: Date of Execution: Common Clerk The City of Saint John Mel K. Norton City of Saint John P.O. Box 1971 Saint John, NB E2L 4L1 Mayor City of Saint John I, Jonathan A. Taylor, the deponent, make oath and say: 2013 1. That I hold the office specified in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me and the other officer specified above, as the officers duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Common Council of (The) City of Saint John; 4. That the instrument was executed at the place and on the date specified above. 5. The corporation has no shareholders. SWORN TO at the City of Saint John, in the County of Saint John, Province of New Brunswick on the day of .2013 BEFORE ME: Melanie C. Tompkins Commissioner of Oaths Being a Solicitor 59 Jonathan A. Taylor III Schedule "D" To PARCEL VALUE 25% LAND INTEREST AREA REQUIRED UNIT RATE OWNER PID REQUIRED SQ M PER 5Q M Saint John & Maine $7,350 $4,853 E- PARCEL VALUE $4,900 $2,041 $14,338 $1,838 $9,187.73 Railway 55109813 EASEMENT 339 a $26.85 X 75% N.B. Southern Railway 55110456 EASEMENT 406 $26.85 X 75% N.B. Southern Railway 55109755 EASEMENT 365 $26.85 X 75% J.D. Irving, Limited 55176762 EASEMENT 241 $26.85 X 751 Easements Total 0.0875 Temporary Construction Easements $31164 PER SQ M Saint John &Maine 55109813 & Railway and N.B. 55109755 & Southern Railway 55110456 South of Easement 365 $26.85 X 50% N.B. Southern Railway, 55110456 North of Easement 152 $26.85 X.50% Temporary Construction Right of Way Saint John & Maine North of Gas Meter Railway 55109813 Station- 1068 1068 $26.85 X 50/ Temporary Use Total To PARCEL VALUE 25% PARCEL VALUE + 25% $6,827 $1,707 $8,533.27 $8,176 $2,044 $10,219.78 $7,350 $4,853 E- PARCEL VALUE $4,900 $2,041 $14,338 $1,838 $9,187.73 $1,213 $6,066.42 $34,007.20 Cap Rate 3 Months .25 rs a ue o emporary Use 0.0875 0.0875 0.2500 $107.19 0.2500 $44.64 0.0875 0.2500 $31164 Total $465.47 Vs x d h I(N Y 17/09/2013 Rehabitat Inc. Land Bank Proposal Presentation to Mayor &Common Council September 30, 2013 61 Identifying the Problem • Concentration of poverty in urban neighbourhoods • Lack of reinvestment 62 Outfall of Problems • Declining Neighbourhoods: • Abandoned buildings • Vacant land • Lack of decent, affordable housing • Lost tax revenue • Decline of community pride • Compromised sense of safety • Perpetuating the belief that government doesn't care 63 The Financial Cost of Abandoned Buildings • Decreased property tax revenues from non- payment of taxes • Decreased property tax revenues from declining property values of adjacent properties - negative impact of blight • Opportunity cost of missed property tax revenues from built out high quality neighborhood 0 The Hidden Costs of Abandoned Buildings • Increased costs of police and public safety surveillance and response • Increased incidence of arson and costs of fire prevention • Increased costs of local government code enforcement activities • Increased costs of judicial actions • Loss of life via fire hazard 4 Hard to quantify 65 What is a Land Bank and what does it do? • The purpose of a Land Bank is to bring abandoned houses, vacant lots and other undervalued properties into productive use in ways that benefit the entire community • Anon - profit quasi - governmental entity • A Land Bank: — Acquires land /clear title — Maintains land —Sells or gives away property • It functions where the regular market fails .. Why a Land Bank? • Status Quo simply isn't working. The government needs to take a proactive role in addressing neighbourhood decline. • Inventory of D &D, abandoned and vacant lots will increase over time without intervention • To a Land Bank authority, abandoned buildings and vacant lots are viewed as assets to the community and carry in their dilapidated state the seeds of hope for positive change. 67 What does a Land Bank need to operate? • Enabling (or use of existing) legislation that: — Empowers the Land Bank to facilitate the acquisition and disposition of land — Clearing of existing land titles — Autonomy to repurpose land and property as the stakeholders and Land Bank see fit .: What does a Land Bank do with its properties? • Sells /gives the land to affordable housing outfits or private developers • Creates more green spaces • Establishes community flower or vegetable gardens • Provides other community amenities that may be in need .• What are the benefits? • Reduces neighborhood blight • Positively impacts highly desired tax revenue • Reduces servicing costs • Enhances security • Increases affordable housing supply • Increases local food supply • Beautifies neighbourhoods • Fosters a greater sense of pride for residents 70 Impacts on Adjacent Land Owners 71 E�6 A] IK Before and After (Flint, Michigan) ;- sI 72 r �i I= AIML Before and After (north end) 73 Land Banks not competitors • Land Banks simply absorb private and public properties that the real estate market cannot profitably manage and have failed to assign value to • A Land Bank helps nurse the local market conditions back to a point where renewed interest could trigger a positive response in the neighbourhood 74 Barriers: Financing • The activities of the Land Bank, including the acquisition, maintenance and disposition, requires funding • Some Land Banks have found creative ways to be financially sustainable • Have involved volunteer groups • Land Banks have been created at cost - aversion 75 Barriers: Political Will • A Land Bank needs a champion • There needs to be consensus that the status quo is not working and a desire to work with new ideas • Courage to allow the Land Bank the autonomy to do what is in the best interest of the neighbourhood and its stakeholders 76 Study Area: Old North End Vv i ir i i 77 ■ Blue = D &D Green = Vacant Yellow =$100 - $25,000 Red = $25,001 - $55,000 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 reunion du conseil John in Common Council convened, as communal, The City of Saint John a 6dicte 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 seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as being PID Nos. 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre classification; 2 Amending Schedule B Future Land Use, by redesignating the same parcesl of land from Stable Residential to Regional Retail Centre classification - all as shown on the plans 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: om L'arr&6 concernant le plan municipal de The City of Saint John d6cr6t6 le 30 janvier 2012 est modifid par : 1 la modification de 1'annexe A — Structure de la municipalit6, afin de faire passer la designation de sept parcelles de terrain d'une superficie totale d'environ 4,5 hectares, situee au 59 -119, promenade Commerce, 1 -15, promenade Consumers et 130 -160, promenade Mark, et portant Ies NID 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 et 55200430, de secteur stable a centre regional de commerce de detail ; 2 la modification de Pannexe B — Utilisation future des sots, afin de faire passer la designation des parcelles de terrain pr6cit6es de secteur residentiel stable a centre regional de commerce de detail ; -. toutes les modifications sont indiqu6es sur les plans ci joints et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le 2013, avec les signatures suivantes : Common C1erk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme Iecture Third Reading - Troisi6me lecture PROPOSED MUNICIPAL PLAN AMENDMENT RE: 59 -119 COMMERCE DRIVE, 1 -15 CONSUMERS DRIVE AND 130 -160 MARK DRIVE Public Notice is hereby given that the Common Council of The City of Saint john intends to consider amending the Municipal Development Plan at its regular meeting to be held in the Council Chamber on Monday, September 30, 2013 at 6:30 p.m., by: 1. Redesignating, on Schedule A of the Municipal Development Plan, seven parcels of land having a total area of approximately 4.5 hectares, located at 59- 119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as PID Nos. 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre, as illustrated below, 2. Redesignating, on Schedule B of the Municipal Development Plan, the same parcels of land, from Stable Res' Reogloaal Retail Centro,. REASON FOR CHANGE: To correct a mapping error on Schedules A and B of the Municipal Plan. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 59-1119, PROMENADE COMMERCE, 1-15, PROMENADE CONSUMERS ET 130-160, PROMENADE MARK Par les prgsentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal, lors de la r6union ordinaire qui se tiendra clans la Salle du conseil le lundl 34 septembre 2013 a 18 h 30, en apportant les modifications sulvantes : 1. Modifier la d6signation, a I'annexe A du plan d'am €nagement municipal, de sept parcelles de terrain d'une superficie totale d'environ 4,5 hectares, situ6es au 59 -119, promenade Commerce, 1 -15, promenade Consumers et 130 -160, promenade Mark, et portant les NID 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 et 55200430, afin de les faire passer de secteur stable d centre regional de cammeme de dctall, comme it —T—_0 - dessous. The proposed amendments 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 amendments 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 2. Modifier is designation, a I'annexe B du plan d'am6nagement municipal, des parcelles de terrain pr6cit6es, affn de les faire passer de seeteur residentld stable d centre regional de commerce de detail. RAISON DE LA MODIFICATION: Corriger une erreur de cartographie clans les annexes A et B du plan municipal. Toute personne interess6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbani5me et du developpement a I'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification propos6s par 6crit A 1'attention du soussign6 a I'hdtel de ville. Si vous avez besoin des services en fran4ais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal 648 -3703 (aussi disponible en fran Pais) a JUN 1 2013 Type of Application 12( 1 � Municipal Plan Amendment ❑ Subdivision S milar / Compatible Use ❑ Zoning By -law Amendment ❑ Variance S t Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for liquor Licensing Non - Conforming Use Contact Information Name of Applicant Vi A R BA f _ 7 & L- D I N &S 1 NL_.. _ Mailing Address of Applicant (with Postal Code) So 14 L & N v 1 E ti'4 Pi) N L7. Home Telephone Number 7 32 - 3 b� 7 Work Telephone Number Fax Number (0 E -mail ay 4 d Ct 4 a i ci as . 60 W1 - Name of Property Owner (if different from applicant) ; Mailing Address (with Postal Code) ?.Q day 11Q U , 5 N I K t <]0 "N t M 6 E 2 L 40 Property Information 7 Location 1 i CE OAIL45 Civic # Street PID Existing Use of Property _ V I CAN r L&NDI Proposed Use of Property t 1 C i7 d%i t 'tyit%1� 1 '51 PreLr-- ECr(aNAL Existing Plan Designation of Property f 5 t D t 41 [� Proposed Plan Designation of Property aL, rn lL G .ISO :" E Existing Zoning of Property li9?'1 f)IjS FSS VQgL/ Proposed Zoning of Property &� Description of Application Describe what you propose to do (attach additional pages if necessary). 146 6 G u6 V r{.r• r s rE , k G iwo u6 N PAP_x D F T_A� _` com wick c _t PP-Q. E_ " B ( �s s PAL9v OG11il mOMFIY 3 u, M WADVEk i V.&ITLY MPPEn A< s--tcJo le. Pes A,_ t0 wtdeJ 1?Ltq"S.5 WA5 ADOPT-1 0 NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant ;K i��a"Uq Signature of Owner (i t C, - 0 , J QM t_:� 0 2 0 l .� Date J uYQff 12_I[I Date For Office Use Only Reviewed by Date Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Drawings ❑ Fee ❑ Other — I 4M_ P.O. Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn.ca C.P. 1971 Saint John. N: B. Canada E2L4L1 mWaW0E8"pm SAINT JOHN :1 irk tural 2DOin J Printed: 06/18/13 10:15:22 AM SUBJECT SITE: 99 Commerce Drive 81 4 r Planning Advisory Committee September 18, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint John SUBJECT: Proposed Municipal Plan Amendment - 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive (PIDs 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430) On August 26, 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 September 17, 2013 meeting. David Galbraith, representing Harbary Holdings and Brian In•ing, representing the City of Saint John Real Estate service area appeared before the Committee and were in agreement with the staff recommendation. No other persons appeared before the Committee and one letter was received with concerns regarding the proposal which is attached. Following consideration of the report, applicant appearance and the letter, the Committee adopted the staff recommendation. RECOMMENDATION: That Common Council amend the Municipal Plan by: a) Redesignating, on Schedule A of the Municipal Development Plan, seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as PID Nos. 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre, and b) Redesignating, on Schedule B of the Municipal Development Plan, the same parcels of land, from Stable Residential to Regional Retail Centre. Project No. h3450 i �2 6 S i The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: f SEPTEMBER 13, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF SEPTEMBER 17, 2013 Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: REVIEWED BY: 1 Jac ueline Hamilton, MCIP, RPP Co missioner Harbary Holdings Inc. and City of Saint John Name of Owner: City of Saint John, Ackl ands- Grainger Inc., John C. Chamberlaine Holdings Inc., Scott Bros. Ltd., Canadian Corps of Commissionaires NB & PEI Division Inc., and Night Shift Answering Service Ltd. Location: 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive PID: 55151336, 55149777, 55151310, 55200430, 55200448, 00000004 and 00437772 Municipal Plan: Existing: Stable Residential Proposed: Regional Retail Centre Zoning: `BP" Business Park and "I -1" Light Industrial Proposal: To correct a mapping error on Schedules A and B of the Municipal Plan. Type of Application: Municipal Plan Amendment Y. SAINT JOHN P.O. Box 1971 Saint John, NB Canada UL 411 I w wwsaintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1 Harbary Holdings Ltd. and City of Saint John Page 2 59-119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive September 13, 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 Municipal Plan. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, September 30, 2013. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Municipal Plan by: a) Redesignating, on Schedule A of the Municipal Development Plan, seven parcels of land having a total area of approximately 4.5 hectares, located at 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive, also identified as PID Nos. 55149777, 55151336, 55151310, 00437772, 00000004, 55200448 and 55200430, from Stable Area to Regional Retail Centre, and b) Redesignating, on Schedule B of the Municipal Development Plan, the same parcels of land, from Stable Residential to Regional Retail Centre. INPUT FROM OTHER SOURCES: Infrastructure Development Service has no objection to the proposed Municipal Plan amendment. Inspection & Permitting Services have no concerns with the adjustment of the noted property on the Municipal Plan. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been notified of the proposal. Maritimes & Northeast Pipeline, and Brunswick Pipeline indicate this area is clear of their facilities. Saint John Energy has been advised of the proposal. Saint John Fire Department has reviewed the proposal and has no objection to the proposed Municipal Plan amendment. Saint John Transit has been advised of the proposal. Urban Environment Services has no objection to the proposed Municipal Plan amendment. Harbary Holdings Ltd. and City of Saint John Page 3 59 -119 Commerce Drive, 1 -15 Consumers Drive and 130 -160 Mark Drive September I3, 2013 ANALYSIS: Background At its meeting on June 10, 2013, Common Council authorized Harbary Holdings Inc. to make an application for a Municipal Plan amendment with respect to the City -owned property located at 99 Commerce Drive (PID 55151336). The amendment is required in order to correct a mapping error that occurred at the time of adoption of P1anSJ in 2012. At that time, the subject property was inadvertently designated Stable Residential in the plan, notwithstanding that it is part of the Commerce Park business park development that was rezoned to "BP" Business Park in 2000. In addition to the subject property, there are six other parcels of land affected by the 2012 mapping error. All but three of the parcels are currently developed with non- residential uses and are zoned either "BP" Business Park or "I -1" Light Industrial. The developed lands include a regional office for the Corps of Commissionaires, Acklands Granger, a retail / wholesale establishment dealing in industrial and safety supplies, and Action Truck Caps which sells a variety of accessories for light and medium duty trucks. These parcels have been included as part of the proposed Municipal Plan amendment. Surrounding Area The surrounding area contains a mix of commercial and residential land uses. The area west of Mark Drive is mostly zoned "R -2" One and Two Family Residential and contains a mix of single detached, semi - detached and two unit dwellings. Lands north and northwest of the site contain a mix of commercial uses such as the McAllister Place Shopping Centre, automotive dealerships and other retail uses and are largely zoned "SC" Shopping Centre and "I -1" Light Industrial. Municipal Plan Amendment Regional Retail Centres are areas of large - format retail and service land uses in the City. Specific to this application, the McAllister Regional Retail Centre is located in the eastern portion of the City and is envisioned to continue to be the focus for large format commercial retail and service -based uses serving Southwestern New Brunswick. While the mapping change could have been accommodated at a later date in conjunction with mapping revisions to the Municipal Plan map identified through the Zoning By -law Review, this application has been brought forward as the City has received interest from Harbary Holdings Inc. in acquiring a City owned parcel, PID 55151336, for development. Staff note that three of the six sites that have sufficient area to be built on are developed. The remaining three parcels that have sufficient developable area are separated from residential areas and existing development by Lands for Public Purposes. Given the location of the sites and the past intent of the establishment of the "BP" Business Park zone in the area, approval of the Municipal Plan amendment and rezoning is recommended. CONCLUSION: It is recommended that the Committee recommend approval of the proposed amendments to Schedule A and Schedule B in the Municipal Plan. MR Project No. 13 -150 i PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT 'v 8 7 5 59 y:0,2 .4 f 1 -2 4. log q5�ku �r 18 2ti 513�� to 2421 M�.u; V 516 •r ?83 333t;4 SC � Sr S -2 ir N" ` !! 630 r -00) , 3$ t 56 / •� . 4 an � SZ F- 378 �\ 1 pt * .r• •1 ` 15 130 � ego {e`er tl Gs fi• 15 ! �6i7. 69t�1i7 67p677 i y� °656 652 189 W 11 1A�60 .00499,.: 667 207 m W, 670 215 Z_ ! � 6 a lSL S56 12 b ry t1 1 621.028 639 652 .20 r' 617,5622 643 226 Qf i 6u36104 629& & Y3 240 �. L 31 / 5 v60s 619" 10 r•...:r✓ 591,700 641 0620 `" 377 587 you 05- t%61 2 274 8t5L4 99, 59 60L• 5 { g- 5551 7374 8 585 ' 5900 a 91 335 , 5 6 281 �k ,81. - 559 ,G8 519 r88 Z �3-- B- 653.12 "2.01 ti69 65882 1X574 RS -2 soo nl ;49 `' 2110 ST 56s 70 `3 j� f�0 3�1'S 70 1 } 67 3G6 116 0 1000 ft 9'1 ?0$65 5E7 RM -1 553? 86 Subject Site/site en question; 55149777, 55151336, 55151310, w 4 00437772, 00000004, 55200448, 55200430 Location; 59 -119 pr. Commerce Drive, 1 -15 pr. Consumers Drive, 130 -160 pr. Mark Drive Date: August 22 aout 2013 Scalehchelle: Not to scale /Pas a I'echelle 86 Lockhart, Lynda From: David Greene <DGreene @primarisreit.com> Sent: September -13 -13 4:36 PM To: External - Planning Cc: Reade, Mark; Michael Roberts; Kevin Knight Subject: Proposed Municpal Plan Amendment 59 -119 Commerce Dr, 1 -15 Consumers Dr & 130 -160 Mark Drive - McAllister Place Dear Sir/ Madam, We are in recent of your letter dated August 27th, 2013 with respect to the above noted matter. Being a fixture in the City for 35 years, we at McAllister Place understand the importance of, and wholly support, development in the Saint John region. However, I do have some concerns regarding the proposed rezoning and development of the adjacent property as to how this may affect water levels within the restricted wetlands area on McAllister Place property. Water from these properties currently flows into the wetlands area via culverts (outlined in red in below photo 2) running underneath Consumers Drive and then to the intake (outlined green) of the City stormwater system. In recent years, heavy rain events occurring during high tides have created situations whereby water levels in the wetlands area had risen, overtopped the property ring road and flooded the parking lot (photo 3). To deal with these situations, McAllister Place had invested significant capital resources in 2012 to redesign our internal storm drainage system as well as install a berm to act as a buffer between the wetlands area and the parking lot. Therefore, as you must understand, we are very sensitive to any activity which may increase the flow of stormwater into the wetlands area on our property and potentially affect the shopping centre and our customers. Therefore, am requesting information as to any stormwater management plan submissions by the proponent and\or upgrades the City may undertake to the municipal stormwater system to address our concerns. Thank You, David Greene I General Manager McAllister Place j ph: 506 -649 -4941 5519 Westmorland Road, Saint John, NB, E2J 3W9 Your, PARTNER Primaris IN RETAIL 1) McAllister Place, Wetlands & Amendment Properties f 'e + :. M 2) Culverts \ City Strom System Intake 0 i] sclaimer: l his e -mail mescaCe is intended onh for the person or entity to which it is addressed jnd is con`iGentiai, subject to cop-,-rig, ii and may be legally privileged. i,ny unauthorized rt,view, use nr disclosure is prCAi_ed. If you received this, in error. please contact the seeder and delete all copies of the P -rnail together wit; i ar.y attachments. •A 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- 2693 square metres, located at 1666 Hickey Road, also identified as being a portion of PID No. 55198402, from "R -2" One and Two Family Residential to "IL -I" Neighbourhood Institutional ARRETE No C.P. 110 - ARRETE MODIFUNT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le nonage de The City of Saint John, decrete 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 2 693 metres carres, situee au 1666, chemin Hickey, et etant aussi une partie du NID 55198402, de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a quartier a vocation collective <( IL- I » - all as shown on the plan attached hereto - toutes les modifications sont indiquees sur and forming part of this by -law. le plan ci joint ct font partie du present arrete. 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 /Ma.ire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur Ie present arrete le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading Deuxieme lecture Third Reading Troisi6me lecture 91 PROPOSED ZONING BY -LAW PROJET DE MODIFICATION DE AMENDMENT AND SECTTON L'ARREiIE SUR LE ZONAGE ET 39 AMENDMENT DE VARTICLE 39 RE: 1666 HICKEY ROAD OBJET 1666, CHEMIN HICKEY 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 and to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, September 30, 2013 at 6:30 p-m., by: 1. Amending the Section 39 conditions imposed on the April 12, 2010 rezoning of a parcel of land with an area of approximately 4050 square metres, located at 1666 Hickey Road, also identified as PID No. 55198402, to permit a revised proposal; 2. Rezoning a portion of the same parcel of land, with an area of approximately 2693 square metres, from "R -2" One and Two Family Residentlal to "IL -1" Neighbourhood Institutional, as illustrated below. REASON FOR CHANGE: To permit the construction of a 20 -bed special care residence on a portion of the property located at 1666 Hickey Road. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, IS 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 may be sent to the undersigned at City half. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Par les pr6sentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante 6 1'an -LM sur le zonage de The City of Saint John et d'examiner une proposition, lors de la r6union ordinaire qui se tiendra daps la salle du Conseil le lundl 30 septembre 2013 a Ish30. 1. Modification des conditions impos6es en vertu de I'article 39, le 12 avril 2010, relativement au rezonage dune parcelle de terrain d'une superficie d`environ 4 050 metres carrel, situ6e au 1666, chemin Hickey, et portant le NID 55198402, pour permettre la presentation d'une proposition r6vi5 ft 2. Rezonage dune partie de la parcelle de terrain precit6e, dune superficie d'environ 2 693 metres carr6s, de zone r6sidentlelle — habitations unifamiliales et bifamiliales « R-2 m 6 quartler 8 vocation collective a IL -1 » comme le montre la carte ci- dessous. m` Ch_liirickjy!... f jT- ` ,4 r Jonathan Taylor, Common Clerk 648 -3703 RAISON DE LA MODIFICATION: Permettre la construction d'une residence de soins sp6ciaux de 20 lits sur une partie de la pmpri6t6 situ6e au 1666, chemin Hickey. Toute personne int6ress6e peut examiner les prolets de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a I'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections aux projets de modification par ecrit 6 Fattention du soussign6 a I'h6tef de ville. Si vous avez besoin des services en franpis pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Gref tier communal 648 -3703 w S N E H�- AJ�AERW A'� + s + 99 9+ 9� 1, o TREES ITHIS (AREA CA 0ESOm�cE 1d 0 + +s LOT 13 2 �O 2,693 k g �O + 9•SS �g cow@SCAP WALK `99 , PARKING + FDR 6 CARS g `99 S + 99 O EXlSTG GRADE (TYP) 00 +,� 9 00 i PID 55198402 Mi LOT 13 -1 0 1,269 m z EXIST'G 10• GARAGE a .moo Lo HOUSE 1.8m HIGH CIVIC 7.5 FENCE #1666 PROPERTY >� BOUNDARY n "\O` -- -31.50 - — 0+ DRIVEWAY ^o`' 93 FINAL GRADE (TYP) O a U w Y U No DIMENSIONS AND GRADES IN METERS � 1 D 0 1 ISSUED FOR RE. IEW INLY I UL OESMUMON D MEADOW VALLEY MANOR PROPOSED SPECIAL CARE RESIDENCE 1670 HICKEY ROAD, SAINT JOHN, N8 SITE PLAN 0" G. No. ON:..M6i: T$ u0.1E: NL,1= '_AIE: I'm C0.1 1 ELEVATION 2, m 2 ELEVATION z.o M ELEVATION a. 0 VINYL SIDING 4 ELEVATION 0 ISSUED FOR REVIEW JULY 11/13 REV DESCRIPTION DATE MEADOW VALLEY MANOR PROPOSED SPECIAL CARE RESIDENCE 1610 HICKEY ROAD, SAINT JOHN, NB ELEVATIONS OA ^'116.. TS I MR:]IIL {l7 1 SCALE! ,:- 4 0.EYp7101V gw� NO. SIZE NOTES HARDWARE 10'_1. g-ar 2 -4}• 9' -Br 9' -8j' 2 -• � 10,_1. FLOOR STOP D2 56 I S36 45MW F.R I S3 1M D3 3' —O" x V -8" INSULATE[ 6. 7 D4 3— x 6' -8 FN—SULATEE S. 7 D5 DIO DID 1,3,4,6 D8 2 —6 x 6 -8 BEDROOM BEDROOM BIDROOM BEDR001M BEDROOM Arm 57 2 -8 x fi -8 12.5 FS 2' -6' x 5' -8' 45MIN F.R 1.3.4.5 D9 O 20MIN F.R "p DID 2' —B" x 6' -8 =,A DID D1 01 D1 1 DI D11 2'-4" 96' —S I D3 DID 01 D1 D1 D12 2' -0' x 6' —B' D13 3' -0" x 6' —B' 5 -6' m DIkA ON O 1,3,4,8 • I 18 07 16 n BEDROOM EBMNOOM BEDROOM D10 BEDROOM N I "AGE - DIG .I ON) i BEDROOM T., 4' 7" ;a g'_g�' ' _4 • 10' -1' /10 m D13 07 .� BA DID 010 "N DN1 I 26' -10° 01 BEDROOM 06TH DIVER III !m z. m .' II M s w cou ,D7 LAUNDRY 66 rER BEDROOM OI D D n" 20' -8r DID _ ELEVA7ION DIG N 013 gw� NO. SIZE NOTES HARDWARE D1 3' -0' x 6' —B' 3 FLOOR STOP D2 3' -0' x 6' -8' 45MW F.R 1,44,6 D3 3' —O" x V -8" INSULATE[ 6. 7 D4 3— x 6' -8 FN—SULATEE S. 7 D5 3' -0" x 6' -8" 1,3,4,6 D8 2 —6 x 6 -8 1,5 57 2 -8 x fi -8 12.5 DR 2' -6' x 5' -8' 45MIN F.R 1.3.4.5 D9 2' —B" x 6' -8" 20MIN F.R 14 5 DID 2' —B" x 6' -8 D11 2'-4" 96' —S D12 2' -0' x 6' —B' D13 3' -0" x 6' —B' 1,3,4,8 DOOR SCHEDULE NO. DESCRIPTIDN 1 V SELF HOSING HI 2 LEVER PASSAGE SET 3 FLOOR STOP 4 SWEEP 5 KEY IN KNOB LOCKSET 6 PANIC BAR 7 CLOSER 8 1 PRIVACY SET HARDWARE SCHEDULE 4 0ELEVATION FLOOR AREA = 5096 S.F. NOTE A ONE HOUR FIRE RATED PARTITION 1_1 F_F 1 EXTEND TO ROOF SIEATHING AND SEAL O ELEVATION TO SHEATHING TAMS FIRE CAULKING. _ _ ' M FLOOR AREA = 5096 S.F. NOTE A ONE HOUR FIRE RATED PARTITION 9 1 EXTEND TO ROOF SIEATHING AND SEAL O ELEVATION TO SHEATHING TAMS FIRE CAULKING. 95 ROXUL IEATHING RATED CAULKING 3F TRUSS FIRE RATED PARTITION 'E K DRYWALL 2 SIDES 1 SECTION -1. ALL WORK TO BE IN ACCORDANCE WTH THE NBCC AND AND ALL LOCAL AND PROVINCIAL REGULATIONS TMDORS - VENDCAL RIDERS I G 5' 1tl 12 1 ISSUED FOR RE:A:, JULY 11113 MEV DEsERD nm DATE MEADOW VALLEY MANOR PROPOSED SPECIAL CARE RESIDENCE 1670 HICKEY ROAD, SAINT JOHN, N13 FLOOR PLAN DM..' RE . i oR,rl Lr.1s LAIF:]VL,T. sruE: �.•.,� p.1.0 9 ROOF PLAN • � sm 25 YR. ASPHALT SHINGLES 15 LB, ASPHALT FELT 1 CSS SHEATHING TRUSSES O 24' O.C. R40 FIBREGLAS INSULATION CONE. RIDGE VENT 6 MIL POLY Y.9. SEALED r DRYWALL 5 E 6/8 ANCHORS O 4' -0' O.C. IE S MIL POLYVB. 1NRN —4 -15M OOK. \ COMPACTED 'GRANULAR I � FILL SECTION 0 i ISSUED FOR REVIEW I IULY.'5113' RP DESCPiPnON DATE I MEADOW VALLEY MANOR I PROPOSED SPECIAL CARE RESIDENCE 1610 HICKEY ROAD, SAINT ]OHN, NB ROOF PLAN & SECTION DRAWR R.: TS I D'TE: JUL,.1: I SCALE:1:.s r I A-9,0 Planning Advisory Committee September 18, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Rezoning and Section 39 Amendment 1666 Hickey Road City of Saint John On August 12, 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 September 17, 2013 meeting. Tom Smith, the applicant, was in attendance at the meeting and was in favour of staff's recommendation. No one else appeared before the Committee to speak in fati-our or against the application. One letter was received in opposition to the proposed development. After considering the report and comments made by the applicant and the letter received, the Committee approved the requested variance and recommended approval of the proposed Section 39 amendment and the rezoning of the property - from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional, subject to the condition set out below. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the April 12, 2010 rezoning of a parcel of land with an area of approximately 4050 square metres, located at 1666 Hickey Road, also identified as PID No. 55198402 by deleting all existing conditions and replacing them with the following: a) The use of proposed Lot 13 -1 is restricted to a one- or two - family dwelling, which may include the following secondary uses: subject to Section 810(3) of the Zoning By -law, a home occupation; a kindergarten, nursery or day care centre for not more than six children; • subject to such terms and conditions as may be imposed by the Planning Advisory Committee, a kindergarten, nursery or day care centre for more than six children; b) There shall be no driveway or other vehicular access to the site onto Heather Way. 97 -2- 2. That Common Council rezone a parcel of land with an area of approximately 2693 square metres, located at 1666 Hickey Road, also identified as that portion of PID No. 55198402 constituting proposed Lot 13 -2, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 2693 square metres, located at 1666 Hickey Road, also identified as that portion of PID No. 55198402 constituting proposed Lot 13 -2, with a group care facility be subject to the following conditions: a) The use of proposed Lot 13 -2 is restricted to a special care residence with a maximum capacity of 20 beds; b) There shall be no driveway or other vehicular access to the site onto Heather Way; c) The developer must remove existing concrete curb and sidewalk and replace them with new concrete dropped curb and sidewalk to provide access to the proposed lot, subject to the City's Chief Engineer or his designate. d) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with continuous cast - in -place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; e) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; f) The developer must provide all utilities underground from the existing overhead facilities; g) 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 the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, including location and types of planting materials and other site features; h) The approved plans mentioned in conditions (e) and (g) above must be attached to the application for building permit for the development; i) All site improvements shown on the approved site plan and drainage plan, except for landscaping, must be completed prior to the occupancy of the facility; and the landscaping must be completed within one year of building permit approval; The City of Saint John DATE: SEPTEMBER 13, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF SEPTEMBER 17, 2013 PREPARED BY: �Jo 'Kliffer, WIP..RPP Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: REVIEWED BY: 41 N�/f///� / Mark Reade, P. Eng., MCIP, RPP Senior Planner Tom Smith Tom Smith 1666 Hickey Road 00334755 Stable Residential Z+ Zoning: Existing: "R -2" One and Two Family Residential Proposed: "IL -1" Neighbourhood Institutional and "R -2" One and Two Family Residential Proposal: To construct a 20 -bed seniors' care facility Type of Application: Rezoning, Section 39 Amendment and Variance to permit the creation of Lot 13 -2 having a width of 10 metres, whereas the Zoning By -law requires a minimum lot width of 30 metres, SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4bbI wwwsaintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 41 Tom Smith Page 2 1666 Hickey Road September 13, 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's recommendation will be considered by Common Council at a public hearing on Monday, September 30, 2013. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. "M STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the April 12, 2010 rezoning of a parcel of land with an area of approximately 4050 square metres, located at 1666 Hickey Road, also identified as PID No. 55198402 by deleting all existing conditions and replacing them with the following: a) The use of proposed Lot 13 -1 is restricted to a one- or two - family dwelling, which may include the following secondary uses: • subject to Section 810 (3) of the Zoning By -law, a home occupation; • a kindergarten, nursery or day care centre for not more than six children; • subject to such terms and conditions as maybe imposed by the Planning Advisory Committee, a kindergarten, nursery or day care centre for more than six children; b) There shall be no driveway or other vehicular access to the site onto Heather Way. 2. That Common Council rezone a parcel of land with an area of approximately 2693 square metres, located at 1666 Hickey Road, also identified as that portion of PID No. 55198402 constituting proposed Lot 13 -2, from "R -2" One and Two Family Residential to "IL -I" Neighbourhood Institutional. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 2693 square metres, located at 1666 Hickey Road, also identified as that portion of PID No. 55198402 constituting proposed Lot 13 -2, with a group care facility be subject to the following conditions: a) The use of proposed Lot 13 -2 is restricted to a special care residence with a maximum capacity of 20 beds; b) There shall be no driveway or other vehicular access to the site onto Heather Way; c) The developer must remove existing concrete curb and sidewalk and replace them with new concrete dropped curb and sidewalk to provide access to the proposed lot, subject to the City's Chief Engineer or his designate. d) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with continuous cast -in -place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; 100 Tom Smith 1666 Hickey Road Page 3 September 13, 2013 e) The developer must provide adequate site drainage facilities in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; f) The developer must provide all utilities underground from the existing overhead facilities; g) 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 the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, including location and types of planting materials and other site features; h) The approved plans mentioned in conditions (e) and (g) above must be attached to the application for building permit for the development; i) All site improvements shown on the approved site plan and drainage plan, except for landscaping, must be completed prior to the occupancy of the facility; and the landscaping must be completed within one year of building permit approval; d. That the Planning Advisory Committee grant a variance to permit Lot 13 -2 to have a lot width of approximately ten metres, whereas the Zoning By -law requires a minimum lot width of 30 metres. BACKGROUND At its April 12, 2010 meeting, Common Council approved the rezoning of the property at 1666 Hickey Road from "RS -2" One and Two Family Suburban Residential and "RM -2" High Rise Multiple Residential to "R -2" One and Two Fancily Residential in order to facilitate the establishment of three duplexes on the subject site, which were never constructed. As a means to mitigate any negative impacts to the surrounding community, Council attached a number of Section 39 conditions at the time of the rezoning. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Canada Post has been advised of this application. Infrastructure Development Service has the following comments on the proposed Section 39 Amendment and Zoning By -law Amendment: • Municipal servicing is available. It is the responsibility of the owner's engineering consultant to verify grades of the existing mains to accommodate gravity connections for the new services. A site servicing plan must be submitted by the owner's engineering consultant to this Department for review and approval. • City approved water meter and appropriate backflow prevention must be installed in the proposed building by the owner. • The owner's engineering consultant must provide to the City the requirements for water, sanitary and storm servicing for the proposed building. • It is the responsibility of the owner to provide for solid waste collection. Municipal collection services will not be provided. • All parking to be provided for off street. 101 Tom Smith 1666 Hickey Road Page 4 September 13, 2013 It is the responsibility of the owner's engineering consultant to submit detailed site, grading and storm drainage plans and design brief to this Department for review and approval. The owner is responsible for obtaining all necessary municipal permits. Driveway access must be from Hickey Road. The existing concrete curb and sidewalk must be removed and replaced with new concrete dropped curb and sidewalk by the owner to provide access to the proposed lot. Inspection & Permitting Services has no concerns with the application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concerns with the application. N.B. Department of Community Services has no concerns with the application. Rogers has indicated that they are able to extend their services to the proposed 20 -bed Special Care Residence. Rogers has stated that they have sufficient network capability in this area to provide a full complement of Rogers' services, suited to the Developer's needs. Saint John Energy has indicated that it has overhead facilities on Hickey Road that can be extended to service the proposed development at 1666 Hickey road. Any cost will be dealt with the developer at a later date. Saint John Fire Department has reviewed the proposal and has no objection to this application. ANALYSIS. Site and Surrounding Neighbourhood The subject site is located at south -east corner of Hickey Road and Heather Way on the City's East Side. The lot is approximately 4,051 square metres in area with an existing single - family- dwelling setback approximately 10 metres from Hickey Road. The property also contains a detached garage and a cluster of mature trees situated toward the southern half of the lot. Existing development in the area of the subject site is predominantly residential with a range of densities and dwelling types. A complex consisting of three 6- storey multiple unit buildings is located at the north -west corner of the Heather Way and Hickey Road intersection, as well as a new subdivision containing several single family dwellings located east of Heather Way. On the south side of Hickey Road, the area contains a mix of single - family, multiple unit, and townhouse development. An existing four -unit townhouse is located immediately south of the subject site with a single family dwelling located east of the site. Proposal The applicant is seeking to subdivide an existing lot at 1666 Hickey Road with PID number 55198402 in order to facilitate the construction of a single - storey 20 -bed special care residence for seniors. The proposed subdivision would require the creation of Lot 13 -2, which would be situated to the rear of proposed Lot 13 -1 (PID 55198402), as generally illustrated on the attached site plan. Lot 13 -1 iNould contain the existing dwelling. 102 Tom Smith Page 5 1666 Hickey Road September 13, 2013 Rezoning and Variance The development of a 20 -bed special care residence, if approved, requires a rezoning of the newly created lot from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional. A special care facility is not a permitted use in the "R -2" zone as it is a zone concentrated more on the provision of predominantly low- density residential housing options. However, the surrounding area contains a range of zones that range from Low to High density residential, General Business and Major Institutional (Simonds High School). If approved, the proposed "IL -1" zone would be the only Neighbourhood Institutional zone in the general vicinity. Due to the complications of accessing the subject property from Heather Wa3,, the applicant is proposing an access from Hickey Road. The creation of Lot 13 -2 with access from Hickey Road requires the subdivision to include a narrow strip of land to accommodate the driveway. The creation of a lot with the proposed dimensions requires a variance from the Zoning By -law to permit Lot 13 -2 to have a lot width of approximately ten metres, whereas the Zoning By -law requires a minimum Iot width of 30 metres. Section 39 Amendment In addition to the required rezoning and.variance for the proposed development, the proposal will also require an amendment to the April 12, 2010 Section 39 conditions that currently apply to the site. These conditions were related to the previous proposal to create four lots to accommodate three semi- detached dwellings and the existing dwelling, which is no longer being pursued by the applicant. It is proposed that all of these conditions be deleted and replaced with conditions that are relevant to the use of Lot 13- 1. Municipal Plan The Municipal Plan offers direction around the provision of housing for people with special needs, including senior citizens, and highlights the importance of integrating such Dousing into appropriate residential areas of the City "in close proximity to major transit routes, community facilities and needed services ". The current proposal is able to satisfy this condition in a number of ways. It is located directly on an existing transit route and is within 600 metres of a small grocery store, a coffee shop, a hardware store, among other retail options. With adequate amenities to service special care residences available in the surrounding neighbourhood, the Plan states that special care homes should be considered appropriate for all residential areas. The development of such facilities should be able to demonstrate the ability to: a. Maintain an adequate separation distance between supportive housing developments; b. Maintain compatibility and character with the host residential neighbourhood; and c. Ensure the adequate provision of on -site parking and landscaping. The current proposal is able to satisfy the above guidelines. The provision of appropriate landscaping, including trees, shrubs and other natural features, should be included in the landscaping plans for the subject site as they add important aesthetic value to the site and surrounding neighbourhood. Although the proposed special care facility is accessed from Hickey Road, the building will be more visible from Heather Way. It is important that the landscaping treatment along the Heather Way frontage is suitable in size and quality to enhance the aesthetics of the site. 103 Tom Smith 1666 Hickey Road CONCLUSION: Page 6 September 13, 2013 The proposed Section 39 Amendment and rezoning of the subject property is within the vision outlined in the City's Municipal Plan, and offers a complement to the existing mix of residential densities and business- related land uses currently in the area. Approval of the proposal is recommended, subject to the Section 39 conditions outlined above. JK Project No. 13 -181 104 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT c ay. Lamda Av. � 39, � 111d9.2 0 ° +z It 31 20 34 7 20 38, , v sid0.3 ti 1 4 C RM -2 10 R 19 23 27 35 41 ay. Kappa Av. ° ,: 20 80, BW9.9 1070 • r. r_r . a z� 13 10 RA'd 9 2n x2 s 16 • ' RS -2 . 1 29 22 RS -2 s7 1 c 03 71 L� as �• �� ss 1 = ok Terr, m • � 5, \ �� _ Al J S m 1 W 47 Still 71 00 0° M �tK crois. Oakhlll Cr. 39 R- B a7 as e, RM_2 1 35 -1 G z ` 529 '� 37 it O 9 F 04 27 0 `•ti• 16 V yf' 23 �^, �(o`i�Q 12 G k of 1710 i Subject Site/site en question: 00334755 Location: 1666 Hickey Road Date: August 12, 2013 Scaielechelle: Not to scale /Pas a 1'echelle 105 w HW -00ERW A"( 10 55'; �! 't + �ifl + 1& & }+ RETAIN TREES THIS (AREA 9 P�OPOCS,p�RE RssmsCs '�S SPEGIAL � f 100. � LOT 13 2 + 'a + 2,693 k �O COhl�9�ApED WALK S + PARKING FOR 6 CARS y EXISTG GRADE (TYP) 1p ✓ + 31tr� it �o + y BOUNDARY --- -3T.50 - �+ DRIVEWAY FINAL GRADE (TYP) 106 a O W x C..1 .. DIMENSIONS AND GRADES IN METERS o 0 L4glf "RMEW y MEADOW VAM MANOR PROPOSED SPECIAL CARE RESIDEFICE 1670 HICKEY ROAD, SAIHiJOHN, N8 SITE PLAN ar:iRSris ane.yx.ru .,�uF.. ��''a' Pf D 55198402 441 P LOT 13 1 1 1,269 m 2 EXIST'G + i i G GARAGE 0 HOUSE i H CIVIC FENCE # #1666 PROPERTY FINAL GRADE (TYP) 106 a O W x C..1 .. DIMENSIONS AND GRADES IN METERS o 0 L4glf "RMEW y MEADOW VAM MANOR PROPOSED SPECIAL CARE RESIDEFICE 1670 HICKEY ROAD, SAIHiJOHN, N8 SITE PLAN ar:iRSris ane.yx.ru .,�uF.. ��''a' 107 ELEVARgY s1 -o' ELEVATION -Sr 14' -Ii' T_Rt Y_pS X17 a1 In m in SALON R071r0pN REi 0 i■�al I_I I_i J• ■ r a ELEVATION m Nbi A WE mR rK RATW P qm* DnDM TO IKW S4FA7Rm ANO WA 70 S FUNK TIM FIFE CAUMK m N0. 9a NOTES HAND1fARE 7 LEVER PASSAGE SET FLOOR STOP 4 r 6•-6 <SAIN F.R 1. 5 DS J- 6 " x -6' CNAA S 7 S 7 DA -0 x V 1NSULA % 7 D5 - x 6 -6- 1,4.6 06 -6 x 9-5 15 D7 -N r 6 -6 T a,5 0E Y -6' x -B 45M F. I 4.5 DA Y-8' x r -6' 70M FA 1 �i -6 x S.-S. -4 x 6 -6 F-0' r 6 -6' 013 - 0"x6' -a- f 4 E F t_ X17 a1 In m in SALON R071r0pN REi 0 i■�al I_I I_i J• ■ r a ELEVATION m Nbi A WE mR rK RATW P qm* DnDM TO IKW S4FA7Rm ANO WA 70 S FUNK TIM FIFE CAUMK m N0. 9a NOTES HAND1fARE 7 LEVER PASSAGE SET FLOOR STOP 4 r 6•-6 <SAIN F.R 1. 5 DS J- 6 " x -6' CNAA S 7 S 7 DA -0 x V 1NSULA % 7 D5 - x 6 -6- 1,4.6 06 -6 x 9-5 15 D7 -N r 6 -6 T a,5 0E Y -6' x -B 45M F. I 4.5 DA Y-8' x r -6' 70M FA 1 010 -FT -6 x S.-S. -4 x 6 -6 F-0' r 6 -6' 013 - 0"x6' -a- f 4 E NO. OE5 WTVW I ' SELF CLOSING HWES 7 LEVER PASSAGE SET FLOOR STOP 4 SNEEP 5 NEY N 1gg0B LOCMT 6 7 PANIC BAR D.DSER 8 PRNACY SET HARDWARE SCHEDULE 4$ovATIOII swttm M ALL fld m M RED"" r RCF' SHEATHMB RAZED CAINJONC I 7 TRl)9S FIRE RAT@ PARTRI011 E X ORITFALL 7 90ES SECTION � ftWKMKkACCMNMVWW0=W AND ALL LULL AN HIOIEIM 7ERRAM& ■MUpES - 1FRIICY. A -1 o s io' MEADOW VALLEY MANOR PROPOSED SPECIAL CARE RESIDENCE 1570 HICKEY ROAD, SAINT MR, NB FLOOR PLAN Exr +x E,. T7 T'1E 70. ,7] Rdrei •_,. oxGxq 13 -09- 13 11 17 FROM -CSC 506- 674 -6154 T -419 P0001/0001 F -254 Planning Advisory Committee Saint John, NB September 12, 2013 Re, Proposed section 39 and zoning by -law amendment —1666 Hickey Road Hello, We are writing to voice our concern regarding re- zoning and development of a special care facility at the above address. This portion of the property which is currently a wooded area would be directly across from the back of our house and would face our bedroom, bathroom and backyard. Some of our main concerns arse: - The meaning of special care facility --this could be a home for seniors, persons who are troubled or in behavioral rehabilitation. Once re -zoned this property could house many different needs. - This is a residential neighborhood with many traffic issues already. Concerns for additional traffic in the area in regards to people working at and visiting this facility. - Noise levels of a 20 bedroom facility in a residential neighborhood. Thank you LY � Tammy & An rew Cce 71 Sunnybrook Te 506 -696 -9301 109 l 0 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 10.50 in. Sales Rep: Doug Thomson PROPOSED SECTION 39 AMENDMENT RE: 142 HARRINGTON STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, September 30, 2013 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the January 4, 2011 rezoning of the property located at 142 Harrington Street, also identified as PID No. 00371518, to permit a revised proposal. REASON FOR CHANGE: To amend or delete the conditions that require the development of a parking area in the rear yard of the property. 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 VARTICLE 39 OBJET: 142, RUE HARRINGTON Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundl 30 septembre 2013 a 1$ h 30 en apportant les modifications suivantes : Modification des conditions impos6es en vertu de Particle 39, le 4 janvier 2011, relativement au rezonage de la propri6t6 situ6e au 142, rue Harrington, et portant le NID 00371518, pour permettre la presentation d'une proposition r6vis6e. RAISON DE LA MODIFICATION: Modifier ou supprimer les conditions qui requierent I'am6nagement d'un air de stationnement clans la tour arriere de la propri6M. Toute personne int6ress6e peut examiner la modification proposee au bureau de la greffiere communale ou au bureau de I'urbanisme et du de'veloppement a I'hbtel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lei jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du soussigne a I'h6tel de ville. 51 vous avez besoin des services en fran�als pour une reunion de Conseil Communal, veuiliez contactor le bureau du greffier communal. Jonathan Taylor, Greffier communal 648 -3703 Ad Number: A85204 Ad ID: 6699506 Current Date: Aug 01 2013 03:25PM Start Date: 9/6/2013 End Date: 9/6/2013 Color: B/W Client Approval OK ❑ 110 Corrections ❑ (aussi disponible en franyais) Type of Application El Municipal Plan Amendment ❑ Subdivision ❑ Zoning By -law Amendment ❑ Variance ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Contact Information Name of Applicant Mailing Address of Applicant (with Postal Code) - jUN 2 5 gal / Compatible Use PlUse establishment of Home Telephone Number /' Work Telephone Number_ Fax Number _ 6 9d / 3�a E -mail Name of Property Owner (if different from applicant) Mailing Address (with Postal Code) Property Information `I Location f T 7 Civic # eet PID Existing Use of Property Proposed Use of Property_ /a Existing Plan Designation of Property Existing Zoning of Property Description of Application Proposed Plan Designation of Property Proposed Zoning of Property, Describe what you pro ose to do attach additional mmes if neces r L •� fWA NOTE: If the applicant is NOT the owner, the Owner's signature authorization (in writing) to submit this application is required. • Signature ofAppli of ovmer Date 1 Date For Office Use Only Reviewed by Date Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Drawings ❑ Fee ❑ Other P.O. Boot 1.972 Saint John, NB Canada E2L4L1 wwwaaintjohn,w C.P. 1971 Saint John. N.-a. Canada EX 4L3 111 rp rim arri..�... r ..fir •K,�. "k1 �} ` /��. e4, 1 ; ,S REALTY CORPORATION .Tuna 13, 2013 Stepping Stones Fundy Region rne. Attn: David St. Pierre 9 Somerset Street Saint John, N13 E2K 2X5 Dear David St. Pierre, Re: Patrkirii 87 Laiisciowne O veuL A110'URUS REALTY CUIJ- 0f. " :flt,0 Llnc�.ster Mall 621 Fairville 6oulevord . Saint John, NB, Canada F."M "X5 www.actualsrealty.com www.lancastennall.con 'IQI Sou" 63% 1107 F.,,- 635 5828 Via Email- david.,iipierrerc )lhotmail.com Please accept this latter confirming the landlord of the proporty refererice:d above, has agreed to allow your organization to temporarily utilize 18 parking stalls bahind Fairview Bowling :Lanes. Should you have any questions please feel tree to contact us at anytim.e. Yours truly, Arcturus Realty Corporation Larry King -� Property Manager 1,KIar Member of th.: 3NC-1 Wt1.1N Croup 112 Planning Advisory Committee August 21, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Section 39 Amendment -142 Harrington Street On July 29, 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 August 20, 2013 meeting. City of saint John Sharon Gainforth with of Stepping Stones Fundy Region Inc., the applicant, appeared before the Committee and was in agreement with the staff recommendation. Ms. Gainforth also provided staff with the required landowner confirmations outlined in clause (b) (ii) of the staff recommendation. No other persons appeared before the Committee and no letters were received regarding the proposal. Following consideration of the report and applicant appearance, the Committee adopted the staff recommendation. The Committee also granted a variance to permit some or all of the required parking for the building to be located on a separate lot, whereas the Zoning By -law requires a minimum of 4 parking spaces to be located on the same lot as the building that it serves. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the January 4, 2011 rezoning of the property located at 142 Harrington Street, also identified as PID No. 00371518, to read as follows: (a) That the use of the site be limited to a business office and dwelling units; (b) That parking for the development be provided through one of the following configurations: (i) a parking area in the rear of the site and accessed via the existing driveway from Harrington Street, developed in accordance with a detailed plan prepared by the developer and subject to the approval of the Development Officer, detailing the layout of the parking 113 -2- area and landscaping and showing a minimum of four parking spaces; or (ii) provision of the required minimum of four parking spaces on the adjacent Landsdowne Centre property (PID 00370973) or an appropriately zoned property within a 250 metre radius of 142 Harrington Street, subject to formal written confirmation from the landowner of the adjacent Lansdowne Centre property or other property owner for use of the parking area. Should the adjacent Landsdowne Centre property be used, formal written confirmation from the landowner of the adjacent property at 146 Harrington Street will also be required for the use of a portion of their lands as a walkway. The written confirmation will be required to be provided by the developer on an annual basis as requested by the Development Officer; or (iii) construction of the required parking at the rear of 142 Harrington Street accessed through the adjacent Landsdowne Centre property subject to a formal access easement being prepared and subject to the approval of the Development Officer. (c) Should parking be provided through the options outlined in (b) (i) or (b) (iii), the developer must: (i) pave all access, manoeuvring and parking areas developed on the subject property at 142 Harrington Street with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; and (ii) 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 from the resulting parking area at 142 Harrington Street. _. Kes W. ciiwiy sun yea, l Morgan ig Chair MM Project No. 13 -170 114 DATE: TO: FROM: FOR: PREPARED BY: AUGUST l 6, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF AUGUST 20, 2013 X41 r � Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: REVIEWED BY: Amy Poffenro .Eng., MBA Acting Commissioner Name of Applicant: Stepping Stones Fundy Region Inc. Name of Owner: Stepping Stones Fundy Region Inc. Location: 142 Harrington Street PID: 00371518 Municipal Plan: Medium to High Density Residential Zoning: "B -1" Local Business Proposal: To amend the Section 39 Conditions requiring the development of a parking area in the rear yard of the property. Type of Application: Section 39 Amendment and Variance to permit some or all of the required parking for the building to be located on a separate lot, whereas the Zoning By -Law requires a minimum of 4 parking spaces to be provided on the same lot as the building that it serves. Zr *=01 y� SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41J ',,& ww saingohn.ca CP.1971 Saint John, N.-B. Canada E2L 4L1 Stepping Stones Fundy- Region Inc. 142 Harrington Street JURISDICTION OF COMMITTEE: Page 2 August 16, 2013 Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 39 conditions of the subject property. Common Council will consider the Committee's recommendation at a public hearing on Monday, September 34, 2013. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the January 4, 2011 rezoning of the property located at 142 Harrington Street, also identified as PID No. 00371518, to read as follows: (a) That the use of the site be limited to a business office and dwelling units; (b) That parking for the development be provided through one of the following configurations: (i) a parking area in the rear of the site and accessed via the existing driveway from Harrington Street, developed in accordance with a detailed plan prepared by the developer and subject to the approval of the Development Officer, detailing the layout of the parking area and landscaping and showing a minimum of four parking spaces; or (ii) provision of the required minimum of four parking spaces on the adjacent Landsdowne Centre property (PID 00370973) or an appropriately zoned property within a 250 metre radius of 142 Harrington Street, subject to formal written confirmation from the landowner of the adjacent Lansdowne Centre property or other property owner for use of the parking area. Should the adjacent Landsdowne Centre property be used, formal written confirmation from the landowner of the adjacent property at 146 Harrington Street will also be required for the use of a portion of their lands as a walkway. The written confirmation will be required to be provided by the developer on an annual basis as requested by the Development Officer; or (iii) construction of the required parking at the rear of 142 Harrington Street accessed through the adjacent Landsdowne Centre property subject to a formal access easement being prepared and subject to the approval of the Development Officer. (c) Should parking be provided through the options outlined in (b) (i) or (b) (iii), the developer must: 116 Stepping Stones Fundy Region Inc. 142 Harrington Street Page 3 August lb, 2013 (i) pave all access, manoeuvring and parking areas developed on the subject property at 142 Harrington Street with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; and (ii) 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 from the resulting parking area at 142 Harrington Street. 2. That the Planning Advisory Committee grant a variance to permit some or all of the required parking for the building to be located on a separate lot, whereas the Zoning By -law requires a minimum of 4 parking spaces to be located on the same lot as the building that it serves. BACKGROUND: At their meeting of December 14, 2010 the Planning Advisory Committee approved a business office as a conditional use at 142 Harrington Street and granted a variance to permit an access to a parking area within 1.5 metres of a side lot line. On January 4, 2011 Common Council rezoned the property from "RM -IF" Multiple Residential Infill to "B -1" Local Business and imposed the following conditions in accordance with Section 39 of the Community Planning Act: (a) That the use of the site be limited to a business office and dwelling units; (b) That the parking area in the rear of the site be developed in accordance with a detailed plan prepared by the developer and subject to the approval of the Development Officer, detailing the layout of the parking area and landscaping and showing a minimum of four parking spaces; (c) That the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; and (d) That the developer 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. INPUT FROM OTHER SOURCES: Infrastructure Development Service has no objection to the proposed Section 39 Amendment with respect to providing parking on an adjacent property. Inspection & Permitting Services notes that no permit has ever been obtained for the change of use of the property as allowed by the rezoning in 2011, although a change of use was applied for on March 1, 117 Stepping Stones Fund)- Region Inc. Page 4 142 Harrington Street August 16, 2013 2013, for a change to a commercial use from 2 apartments. There is no visible means of access to this property from the parking area on PID 00370973 and available photos indicate that the area is used for snow storage in the winter, making continued access problematic. There should be a legal means of verifying that the parking area is available and that it continues to be available. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been advised of the proposal. Maritimes & Northeast Pipeline and Brunswick Pipeline advise the area is clear of their facilities. Saint John Parking Commission does not have a problem with the applicant making arrangements to corer off his/her parking requirement as proposed, provided the applicant has made firm parking arrangements with the company who owns the parking space for a reasonable period of time. Saint John Transit provides service with the North End/Millidge Route directly in front of this location and also provides extensive service in close proximity to this location with the Hospital/University route. ANALYSIS: Subject Site and Proposed Development The subject site is located on the east side of Harrington Street in the Old North End and contains a two storey building originally constructed as a dwelling. The irregular shaped lot has an area of 690 square metres with the existing building located in the northwestern portion of the lot. The site has approximately 15 metres of frontage on Harrington Street and a depth of 32 metres. When the site was rezoned to "B -1" Local Business in 2011, a parking area was proposed in the rear yard of the site and Section 39 conditions were imposed requiring landscaping, paving and curbing of the parking area in accordance with an approved plan along with a stormwater drainage plan and report. The applicant is proposing to amend the Section 39 conditions to permit parking on an existing parking lot on an adjacent property. Surrounding Area The surrounding area contains a mix of commercial, institutional and residential uses including older multiple unit residential buildings. The surrounding area is largely zoned "RM -IF" Multiple Residential Infill and contains multiple unit dwellings. A large area immediately east of the site is zoned "SC" Shopping Centre and contains the Landsdowne Place shopping centre and a grocery store. Other commercial zoning in the area includes properties zoned "B -I" Local Business and "B -2" General Business such as a convenience store and spa. Municipal Plan Direction The subject site is located within the area designated as Medium to High Density Residential by the Municipal Plan. Policies within the Plan support the development of a mix of uses in this designation that include non - residential uses that are compatible with residential land uses. The use of the site is in accordance with the intent of the Plan relating to non - residential uses in the Medium to High Density Residential Designation. 118 Stepping Stones Fundy Region Inc. 142 Harrington Street Page 5 August 16, 2013 The proposal also meets the intent of the Municipal Plan regarding parking. Policy TM -60 encourages initiatives to reduce overall parking demand such as shared parking among various land uses and managing the number of parking spaces utilized by developments. Provision of parking for the development on an adjacent site which incorporates underutilized parking is in conformity with the Municipal Plan. Zoning By -law Considerations and Amendment to Section 39 Conditions The applicant has requested an amendment to the Section 39 Conditions imposed through the 2011 rezoning to allow for parking for the development to be provided on an adjacent parcel of land with an existing underutilized parking lot. In 2010 the applicant proposed a parking area in the rear of the building at 142 Harrington Street and the following conditions were imposed relating to development of the parking area: • That the parking area in the rear of the site be developed in accordance with a detailed plan prepared by the developer and subject to the approval of the Development Officer, detailing the layout of the parking area and landscaping and showing a minimum of four parking spaces; • That the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; and • That the developer 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. Under the Zoning By -law, a total of four parking spaces are required for the proposed office use of 142 Harrington Street. One space can be provided in the existing driveway at 142 Harrington Street. The applicant has provided a letter from the property manager of the adjacent shopping centre outlining the provision of 18 parking spaces on a temporary basis. These spaces would be located to the rear of the existing shopping centre at 87 Landsdowne Avenue currently anchored by Shoppers Drug Mart and Dollarama. From discussions with the property manager of the shopping centre, the number of spaces (18) were not requested by the applicant, but offered by the property managers. The property managers have provided confirmation in writing of this arrangement to the applicant and have indicated to Staff that they can act on behalf of the property owner with respect to such issues. Staff note that from the site visit, a walkway has been constructed in the rear yard area of 142 Harrington Street from the rear property line to the building to provide access from the adjacent property area, It appears that a portion of this walkway between the parking area and property at 142 Harrington Street is located on the adjacent property at 146 Harrington Street. Staff recommend that a condition be imposed requiring that written confirmation be provided from the landowner at 146 Harrington Street be provided to the Development Officer, consenting to the location of a portion of the walkway on their property. Based on a review of the application and circumstances Staff note the parking can be provided through three scenarios: The configuration allowed by the existing Section 39 conditions, which would involve construction of a parking area at the rear of 142 Harrington Street. This parking area would be accessed by the existing driveway from Harrington Street. 119 Stepping Stones Fundy Region Inc. 142 Harrington Street Page 6 August 16, 2013 2. Provision of the required parking spaces at an off-site location, such as the current proposal advanced by the applicant. Staff are of the opinion that this is a reasonable approach in this case as the proposed parking area is in close proximity and a reasonable walking distance to the use it would serve. However, Staff recommend that as a condition of providing parking through this scenario that formal written confirmation from the landowner of the adjacent Landsdowne Centre property (PID 00370973) be provided on an annual basis as requested by the Development Officer. Staff recommend that to provide additional flexibility to the applicant that this condition be extended to an appropriately zoned property within a radius of 250 metres of 142 Harrington Street. 3. Construction of the required parking at the rear of 142 Harrington Street with an access to the parking area provided through the adjacent Landsdowne Centre property. This option may have a lower construction cost than that outlined in Option 1 given the change in elevation between Harrington Street and the rear yard of the property at 142 Harrington Street. Staff recommend that as a condition of providing parking through this scenario that a formal access easement be prepared to allow for the parking area at the rear of 142 Harrington Street to be accessed via the adjacent Landsowne Centre Property and that this easement be subject to the approval of the Development Officer. Staff note that this option may require additional variances such as a reduced rear yard setback that would have to be addressed should this option proceed. Staff recommend that the existing Section 39 conditions on the property at 142 Harrington Street be amended to provide for either of the three options outlined above to be pursued by the applicant. Variance The applicant's proposal requires a variance from the Zoning By -law to permit some or all of the required parking for the building to be located on a separate lot. Staff are of the opinion that the variance is reasonable given that the proposed parking area is in close proximity and a reasonable walking distance to the use it serves and therefore recommend approval of the variance. The proposed amendments to the Section 39 conditions will require confirmation of an agreement between the two landowners regarding the provision of the parking spaces to be submitted to the Development Officer. CONCLUSION: Staff is of the opinion that it is appropriate to amend the Section 39 conditions attached to development of parking for the property at 142 Harrington Street given that it meets the intent of the Municipal Plan and fits within the surrounding community context. The required variance to provide off -site parking for the development is also recommended for approval. MR Project No. I3 -170 120 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT 7s1 i i l 17E 00315139 U 00372147 ; 17 06375007 00375U�9 167 P 174e h. 00375071 105 l 003T5tl63 163 S yy � 166 1 � I 00375038 7S0 o n I I F 4 ;g 00375095 .7 I 04374835 157 1�J; 00'74827 'I' 1` 4551 ?.7 152 7371 63 SS�J 7 g�3750CiQ 15 t` +e' 0_ m V Y7q 2 d.*, �. 146 rue Bryden St. 1 1� r,�P ?j7 6: .:7 14S 6 3 '� OU375 ,1!7:, O w •• .m 01:1 M Q0 � , 033 75014 1144 319 b 4 606361375�sDD Ofl75046 133 13130373%3 ' 7 003790" 131 a C0379112 ':25 n 12A F11 714i9S 2 17 p3" i374 ' a4 X0 5 87 O FAS 1 :43 ........... e- vrna.xn- fit.— ._._._._.m rue Newmaet.st_. --------- s 90 f L -1 50 m 29476e'?68 ?i0 475 r 19 r' c `712 40374983 113 } 00371476 db 260 ft g' °o Q X216 04374975 �111y 00371A6e N l ^ it 4 i 1 i i i i ti 121 -- — Subject Site /site en question: !, PID(s) /NIP(s)- 00371518 Location: 140 rue Harrington St. Date: July 22 juillet 2013 Scale /echelle: Not to scale /Pas a Mchelle 121 REPORT TO COMMON COUNCIL M &C 2013 -207 September 24, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT: Play 5J Update Mn 14,11. The City of Saint )ohn In January 2013 Council received a draft copy of Play Si – the new strategic plan for parks and recreation. The preparation of this report included meetings with interested stakeholders and members of the public through open meetings as well as other written feedback. In the next month staff intends to host additional meetings to solicit detailed feedback on the completed draft plan. The proposed schedule is as follows: • October 17 – meeting for facility users and invited stakeholders (sport organizations, school board representatives, etc...) • October 22 – public meeting for all interested members of the public Both meetings will be held at the Lily Lake Pavilion between 7 p.m. and 9 p.m.. As these dates approach staff will advertise these meetings through various means including direct mail -outs and updates posted on the City website. Public feedback on the plan will also be possible through a PlaySJ questionnaire available at public meetings and online at www.saintjohn.ca between October 23 and November 6. At the completion of this phase staff will make adjustments to the strategic plan as appropriate and bring it back to Council for adoption in advance of the 2014 Budget deliberations. It is recommended that this report be received and filed. Respectfully submitted, 15:��Z Michael Hugenholtz, P.Eng. Wm. Edwards, P.Enp4— Deputy Commissioner, Commissioner, Transportation and Environmental Services Transportation and Environmental Services Patrick Woods, CGA City Manager 122 REPORT TO COMMON COUNCIL September 17, 2013 M &C2013 -203 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Truck Route Impacts with One Mile House Interchange BACKGROUND The City of Saint john Common Council resolved at its August 26, 2013 meeting that "the traffic department prepare a brief presentation to Council within the next month of the truck routes that will be eliminated and the benefits thereof' as a result of the One Mile House (OMH) Interchange being opened later this year. This report responds to Common Council's direction. ANALYSIS Impact on Truck Routes One of the most significant benefits of the OMH Interchange will be improved access for the trucking industry between Highway I and the industrial areas near Bayside Drive. Currently, trucks traveling eastbound on Highway 1 can exit from the Harbour Bridge onto the Viaduct then follow the Provincial Highways system (also part of a truck route) along Union Street, Smythe Street, Station Street, and City Road before reaching the City streets of Thorne Avenue and Bayside Drive to the industrial area. The Wall Street interchange is another Highway 1 eastbound access to the industrial area but requires navigating the steep section of Garden Street, another Provincial Highway. The existing Highway 1 westbound exit to Crown Street is the main way for trucks to gain access to this industrial area via Crown, the Causeway and Bayside. The OMH Interchange will instead provide direct access to Bayside Drive. The current deficiency of a more direct route between Highway 1 and this east side industrial area increases the risk that shortcuts are used. Common Council and City staff have been proactive in reducing the use of these shortcuts by trucks. Water Street was eliminated as a Truck Route in 2005 via a Traffic By -Law amendment. The risk of trucks traveling on this street and others around the lower loop of the south central peninsula (Broad and Crown Streets) increased when Water Street became a two -way street that same year. As a result of this previous by -law amendment, truckers are required to use the Provincial Highway system as it is a viable, albeit longer, alternative. Champlain Drive, a residential street, is an easy connection between two truck routes (McAllister Drive and Grandview Avenue). Not only is Champlain Drive not on a truck route but the City's 123 M&C2013 -203 September 17, 2013 Page 2 Traffic By -Law places additional "Truck Restriction" provisions on it. The only trucks permitted on Champlain Drive are those delivering to a property on it, doing work to the street or utilities on it, or delivering emergency services. Shortcutting between these two truck routes and through this residential area is not permitted. Although adequately signing truck routes is an ongoing challenge for City staff, steps have been taken in some instances to very clearly communicate to truckers where their routes do and do not exist. As an example, the adjacent picture is taken from the southbound approach on the Viaduct toward Union Street. This picture shows the location of four signs outlined with a red circle that have been installed to clearly indicate the Truck Route in the area is down Union Street to Smythe Street instead of the potential shortcuts up Union Street or down St. Patrick and Water Streets into the south - central peninsula. A fifth sign is located immediately following the eastbound off -ramp from the Harbour Bridge. Staff anticipates the convenience of direct access to industrial sites via the OMH Interchange for truckers should significantly mitigate many of these shortcutting concerns and complement the proactive steps already taken. Communication to Trucking Companies Staff and the Traffic Unit of the Saint John Police Force will work together to communicate to all local trucking companies when the OMH Interchange is to be opened reminding them of the improved access to the east side industrial area via the interchange and required use of designated truck routes. Other Benefits The OMH Interchange will also have other positive impacts on traffic flow on the east side of the City. Traffic volumes are anticipated to decrease on Provincial and City roads mentioned previously. Traffic volumes are anticipated to reduce at other interchanges in the City, including the Wall Street interchange where volumes are considerable during peak traffic hours. Although traffic volumes on Rothesay Avenue itself in the vicinity of the Ashburn/Retail intersection are anticipated to increase as predicted in the 1999 Transportation Study and some motorists will attempt to avoid the current long queuing and rail disruptions, the OMH Interchange should take some pressure off Ashburn Lake Road with its current challenges where it meets Rothesay Avenue. Need for Overall Assessment of Truck Routes and Transportation System Common Council has discussed the need for re- assessment of all Truck Routes in the City both at its August 26 meeting and at previous meetings. Staff has recently completed reviews of 124 M&C2013 -203 September 17, 2013 Page 3 streets on various Trucks Routes including Manawagonish Road, Chesley Drive and Metcalf Street and has reported to Council with advice. A complete re- assessment of all Truck Routes however is best accomplished as part of a future Transportation Strategic Plan. Such an assessment would be resource- intensive. Many factors such as future land development policy changes resulting from PlanSJ, economic impact on businesses that use existing truck routes, impacts on neighbourhoods and dialogue with the Department of Transportation and Infrastructure (Provincial Highways) would all need to be considered. The City's Truck Routes form a transportation system and it is this overall system that must be analyzed to maximize benefits and mitigate negative impacts of potential changes. Since the "Saint John Transportation Study" in 1999 and a comprehensive review of truck routes in 2002, there has been extensive retail development on the east and west sides, a new Municipal Plan guiding how transportation needs to support future land development, a growing importance in the community of alternate modes of transportation, Saint John Transit route rationalization and impacts of "game changers" such as completed, planned and discussed energy projects in the City. New factors influencing transportation planning have been introduced as a result. Predictions and forecasts of these earlier studies, including impacts on changes to Truck Routes, are growing less and less reliable. An updated Transportation Strategic Plan is important to successfully implement the community's transportation priorities. Where only the Province has the authority to eliminate truck routes on Provincial Highways, the Province has indicated that it would consider a formal proposal to eliminate truck routes from the City. Staff recommends that a formal proposal be part of the Transportation Strategic Plan process. RECOMMENDATION Staff recommends that Common Council receive and file this report. Respectfully submitted, Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Transportation and Environment Services Wm. Edwards, P. Eng. Commissioner, Transportation and Environment Services 125 f pvin Rice, C.E.T. y Comis Commis, , Transportation and Environment Services J. Patrick Woods, CGA City Manager I City Market Seniors 2111, floor Sainooihn City Market 47 Charlotte Street Saint John NB E2L 2N8 (506)593 -8587 email: citymaMetseniorsCs-gmail.com website: citymorketseniors. con? 12 August 2013 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council; This letter is a follow up to an email update sent to the mayor and common council members dated June 24th, 2013. That email was opened by council members, with the exception of councillor Farren, Fullerton and Mayor Norton. Following our application for the Neighbourhood Stimulation grant, City Market Seniors was disappointed to learn our proposal "Toward an Age Friendly Saint John" was not supported on the grounds we did not meet the funding criteria. We have since confirmed that our 2012 funding resources supported City Market Seniors in a manner required by the Neighbour Stimulation grant guidelines. At the council meeting to announce the grants, Councillor Fullerton and McAlary both expressed concern to Kevin Watson of Leisure Services that the City would assist City Market Seniors in obtaining alternative financing. The New Horizons for Seniors funding application window opened shortly thereafter. It had been the intention to make application for this funding. Our 2012 application for the New Horizons funding was denied on the basis of a letter of support required due to our position as a tenant in the City Market. In January 2013, we sent an email to Pat Woods with a number of concerns. There has been no resolution to the issues raised in that email. On May 22, 2013 we addressed a letter to Kevin I_oughery, City Market manager and requested a response to a number of current issues. For your information, a copy of this letter is enclosed. One of the issues was a letter of support required for City Market Seniors to re- visualize our space here on the second floor of the City Market. Although there were subsequent conversations regarding these issues, we did not receive a written response. City Market Seniors was able to obtain letters of support from three other community organizations. Conversation with the City Market manager indicated there was some confusion as to who had the legal authority to speak on behalf of the City Market. This was never formalized in a written response and no letter of support was provided. 126 2 The September 2012 report to council regarding a request for space by the Multicultural Association raised a number of issues that have yet to be resolved and while City Market Seniors is aware that city staff are due to report to the council, we wish to express our discouragement at the lack of communication in regard to our requests and lack of support for our funding applications; particularly following the denial of our application for the Neighbourhood Stimulation Grant. The purpose of this letter is twofold; We believe City Market Seniors has a legitimate proposal that meets the criteria for the Neighbourhood Stimulation Grant. This proposal has a new and significant approach to addressing the senior demographic. This is supported by the Province of New Brunswick — Healthy and Inclusive Communities, by initiating public information sessions on how "...the conversation can be changed on aging and how to create age - friendly communities." and secondly; City Market Seniors is making a formal request to the Mayor and Common Council members to award this grant, meant to "stimulate neighbourhoods" in the amount of $25,000.00, to our organization to enable us to develop the project "Toward an Age Friendly Saint John ". An age - friendly community benefits people of all ages. Secure neighbourhoods are safe for children, youth, women and older adults. City Market Seniors has created a mandate to become a seniors' hub for advocacy, health care, issues of financial stability, socialization and recreation. We do not expect to be expert in seniors' holistic case management, but we do anticipate creating a referral network, acting as liaison between seniors and service providers. This is based on a successful American model. In addition, we are developing a community kitchen, community breakfast program, transitioning the food purchase club to our space and utilizing our space with third party learning opportunities. We are asking for your support in obtaining this funding. Yours truly, Charlene Thompson, Director 127 11 February 2013 City of Saint John, Leisure Services 15 Market Square PO Box 1971 Saint John, NB E2L 4L1 ATTENTION: K. Watson Dear Mr. Watson; 2nd Floor City Market 47 Charlotte Street Saint John, NB E2L 2118 (546) 693 -8587 cityrnarketseniorsi2grnall.com www.citymarketsenjors.com City Market Seniors would like to submit to the City of Saint John, under the Neighbourhood Development Stimulation Grants, this letter of request for the project entitled: Toward an Age - Friendly Saint John. For a description of the project, please see the attached proposal. For the purposes of this application, City Market Seniors is requesting funding in the amount of $25,000.00 recognizing the requirement to; "demonstrate approved funding in an amount equal to 50% of the amount to be provided by the City has been obtained or is available from other sources." This requirement has been met, in that City Market Seniors currently receives funding from the City of Saint John in the form of a grant for the occupied space on the second level of the City Market Head Tower. A space, which according to the Report to Common Council dated September 17, 2012, has a market value of $41,000.00 annually, being considered comparable to the "low end of the average Class C office space in the uptown Saint John area." We understand that applications are assessed on innovation and the ability of the project to achieve the stated outcomes, the long -term benefits /impact of the proposal, level of neighbourhood support, citizen representation on the sponsoring agency and the availability of matching funds. Using the fine example and 10 years of research provided by the City of Edmonton, Alberta, together with the "tool box" provided by the Public Health Agency of Canada, supporting the principles of active aging and recognizing the capacities and resources within our own community of seniors, City Market Seniors is confident this Project will create the community hub for an Age Friendly Saint John. Yours truly, Charlene Thompson, Director 128 PROJECT TITLE: TOWARD AN AGE FRIENDLY SAINT JOHN CONTACT: Charlene Thompson, Director City Market Seniors 47 Charlotte Street Saint John, NB (506) 693 -8587 citymarketseniors @gmail.com www.citymarketseniors.com Organizational Background In 1965 when it was first organized, City Market Seniors (Senior Citizens Services Saint John Inc.) was known simply as "The Centre ". The Centre incorporated in 1976 under the name of Senior Citizens Services Saint John Inc. and began serving "dinner" to their members Monday through Friday. This was supplemented by weekly card games, bingo games, dances, sleigh rides and bus tours. By 1988 the organization had 188 members and the government was subsidizing the meal cost and reimbursing for member participation. Membership included other clubs in the City as associates. Premises occupied the entire second floor of the City Market Head Tower. A space, which according to the Report to Common Council dated September 17, 2012, has a market value of 41,000.00 annually. The organization has nonprofit status and is a registered charity. It is governed by a 10 member board of directors and employs a director and a cook. It is developing a volunteer cohort to engage meal preparation and service. PROJECT Statement of Work City Market Seniors will initiate this phase of the project by following the A brief description of the work guidelines as stated in the Public Health Agency of Canada Age - Friendly to be completed during the Communities in Canada: Community Implementation Guide. (see attached) lifetime of this project This "Age- Friendly" designation originates with the World Health Organization and in its entirety encompasses the following categories: • outdoor spaces and buildings • transportation • housing • social participation • respect and social inclusion • civic participation and employment • communication and information • community support and health services Toward an Age Friendly Saint .John 129 Page 1 While this is the initial phase, the ultimate goal of this project is the recognition of Saint John as an age - friendly city. The extent of this phase is as follows: Project Objectives & This funding request is to meet the needs of the first phase of the project, Deliverables which will be: identifying the seniors, senior serving organizations, What is hoped to be achieved stakeholders, the municipal officials, businesses, recreational developers, in Waterloo Village, South interested community and family members who should play a role in the End. What deliverables (e.g. consultation process and guide the development toward the goal of an age - events, outcomes, strategies, friendly city. online resources) the project funding will support. This goal utilizes best practices in communication to assure delivery of age - friendly messages — consistently and effectively. Although it is anticipated this project will encompass all neighbourhoods of the City of Saint John, this phase will emphasize Waterloo village and the South End for these are within the immediate vicinity of our City Market location and there are a number of seniors housing complexes in these neighbourhoods. Upon the completion of the consultation process, City Market Seniors will organize a forum with the goal of obtaining commitment in forming an advisory council to facilitate the furthering of the Age Friendly process. With community partnership, City Market Seniors will form a local coalition of individuals and groups to champion a municipal resolution and develop a timeline for the remainder of the project: the goal being Saint John designated as an Age friendly City. Project Activities • City Market Seniors will identify the seniors, senior serving organizations, stakeholders, the municipal officials, businesses, recreational developers, interested community and family members who should play a role in the consultation process and guide the development of the goal of an age - friendly city. • City Market Seniors will identify and collaborate with the community partners to organize and hold a forum. • City Market Seniors will gain an organizational and /or individual commitment to ensure a diversity of perspective and older adult representation. • From the outcome of the forum and the establishment of an advisory committee, City Market Seniors will take the responsibility of moving the project forward and communicating the timeframe. Toward an Age Friendly Saint John 130 Page 2 Project Activities cont'd I • The Saint John Human Development Council has agreed in principal to assist in determining the appropriateness of a needs assessment. • City Market Seniors will develop an internet strategy and utilize social media to build community support and collaborative capacity. Project justification Currently the senior demographic is categorized under the "Leisure Services" portfolio of the City of Saint John, and thereby assessed from a recreational standpoint. "Senior Programs" identified by a list of social events are coordinated by leisure services personnel. Health care issues are championed by community health committees and regional hospital authorities. Social Development interacts in matters of economic necessity. Lacking a centralized, focused connection point, seniors must navigate various programs and services relying on the availability of age friendly communication. As recent as January 2033 in a Report to Common Council, Ploy SJ (the Parks and Recreation Strategic Plan Draft report) identified the following: • Saint John is the largest city in the Saint John Census Metropolitan Area (CMA) and has experienced a slow and steady population decline over the past forty years. • There are three population trends: the 25 -45 age group is shrinking; the 0 -14 age group is rapidly declining; and the overall population is aging, led by the 45 -65 age group. • "More than 1 in 5 Saint John residents live in poverty; 40% of whom live in one of the city's five priority neighbourhoods "; • "Another 60% of residents in poverty live in other neighbourhoods throughout the city. The high rate and concentration of poverty within the city's core requires a different approach to best service the recreation needs of those living in poverty." According to the World Health Organization: The world is rapidly ageing: the number of people aged 60 and over as a proportion of the global population will double from 11% in 2006 to 22% by 2050. By then, there will be more older people than children (aged 1 -14 years) in the population for the first time in human history (1.) Developing countries are ageing at a much faster rate than developed countries: within five decades, just over 80% of the world's older people will be living in developing countries compared with 60% in 2005. Toward an Age Friendly Saint John —` - -� Page 3 131 Toward an Age Friendly Saint John 132 Page 4 In the "Global Age - friendly Cities: A Guide " "Active ageing is the process of Project justification cont'd optimizing opportunities for health, participation and security in order to enhance quality of life as people age." "Active ageing depends on a variety of influences or determinants that surround individuals, families and nations. They include material conditions as well as social factors that affect individual types of behavior and feelings." "Because active ageing is a lifelong process, an age - friendly city is not just "elderly- friendly ". "The whole community benefits from the participation of older people in volunteer or paid work. " By following the Guide provided by the Public Health Agency of Canada, City Market Seniors can provide the leadership to identify where and how Saint John can become more age - friendly. This is "a tool for self- assessment and a map to chart progress." These concepts are supported in the recently released report by the Premier's Panel on Seniors "Living Healthy, Aging Well." With this project phase, City Market Seniors wants to mobilize community, government and the private sector to prepare a future with an Age Friendly Saint John. Project Time Frame Should the requested funding be obtained, project start date would be not later than the Spring of 2013 and the anticipated end date to be the Spring of 2014. Projected Project Budget Salary of lead investigator based on 20 hours per week @ 18 /hr: $ 18,700 Website creation, development of social media and marketing tools; $ 2,500 Consultation for needs assessment and organization of forum venue $ 1,800 Outcome measurement and reporting $ 1,000 Supplies $ 1,000 Toward an Age Friendly Saint John 132 Page 4 Terms of Reference Neighbourhood Development Stimulation Grants Revised as per April 27, 2009 Common Council Resolution Purpose; To stimulate locally sponsored initiatives to address priority neighbourhood issues. Eligible Programs; Programs or stand alone projects focused on building leadership capacity, neighbourhood planning, new program development or new service delivery in response to priority neighbourhood issues. Applicants must demonstrate how the issue was identified as a priority and how the proposal responds to the issue(s) identified and broad based neighbourhood support for the proposal. Eligible Expenses; Staffing and goods and services related to the approved application. Note that all expenses are subject to audit and receipts must be retained for inspection. Application; A letter of request submitted to the City of Saint John (attention K. Watson Leisure Services) including; • a description of the project • name of sponsoring individual or organization including contact information • background information on the applicant — experience, members, executive etc • projected budget including sources and uses of funds • other identified/confirmed sources of funds • specific outcomes to be achieved • time lines for implementation of the project • details re staffing requirements /qualifications /job description • details re resources provided /required — office, technology etc Applicants; Proposals will be considered from individuals, non -profit neighbourhood groups, or community based organizations. Funding; Annual funding to a maximum of $25,000 is available for each approved application. Applicants must demonstrate approved funding in an amount equal to 50% of the amount to be provided by the City has been obtained or is available from other sources. Total annual funding for the program is limited to $150,000. Direct funding up to $1,500 is available to assist neighbourhood groups with organizing neighbourhood planning /priority sessions. Deadlines; Applications will be reviewed and a decision rendered within 30 days of the submission deadline. The application submission deadline date is March 31" each year. Assessment Criteria; Applications will be assessed on innovation, the ability of the project and/or program proposal to achieve the stated outcomes, the long -term benefits /impact of the proposal, level of neighbourhood support, citizen representation on 133 the sponsoring agency and the availability of snatching funds. Equal consideration will also be given to the qualifications, experience, organizational ability and stability of the applicant to sponsor/implement the proposal. Reporting; Approved applicants must submit a brief mid -tenn progress report and a final report within 45 days of completion of the program outlining the outcomes that have been achieved. 134 r c City Market Seniors Z "'I Floor SaintJohn City Market 47CharlotteStreet Saint John NB F2LZH8 (506) 643 -8587 email. citymarketseniors @nmail.com website. citymarketseniors.com 22 May 2013 Saint John City Market PO Box 1971 Saint John, NB E21L 4L1 Attention: Kevin Loughery, Manager Dear Mr. Loughery; As a follow up to a few issues raised within the last three months, I'd like to formally request City Market Seniors be advised of signage requirements in the City Market. You will recall we had asked for instruction concerning the placement of a sign in the interior walkway from Charlotte Street to the interior door of the Market. We await confirmation of the requirements for this sign. Please provide written instructions for our records. A few other items of concern; • We would like confirmation regarding the work required by public health in our kitchen. When can we expect this work to commence? + We will be making application for funding to re- visualize our Great Boom for a community space with a multipurpose use. We require written approval from the City. Would you please provide your requirements in order that we may receive this approval? • City Market Seniors requests to have the common area that provides access to our two rooms, designated as part of our space (for insurance purposes) and in respect to any fire regulations or building codes, utilizing this space. City Market Seniors is making funding application to provide a Wi -Fi space for tourist season . I look forward to your reply. Sincerely, Charlene Thompson, Director cc Trevor L. Gamblin,Manager, Facility Management Division 135 REPORT TO COMMON COUNCIL His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Retail Hours of Operation — Revisions to the Saint John Closing of Retail Businesses By -law Attached is a draft by -law prepared by the City Solicitor's Office that permits retailer businesses to set their own hours of operation in the City of Saint John on a weekly day of rest. Retail businesses would still be required to remain closed on any "Prescribed Day of Rest" as set out in the Days ofRestAct (1985), that is, on the following days: a) New Year's Day, b) Good Friday, c) Victoria Day, d) Canada Day, e) New Brunswick Day, f) Labour Day, g) Thanksgiving Day, h) Remembrance Day, i) Christmas Day, j) Boxing Day, and k) any day appointed by any Statute in force in the Province or by Proclamation of the Governor General or Lieutenant- Governor as a general holiday within the Province; In addition to the above -noted days, the current Saint John Closing of Retail Businesses By -law also precludes retail businesses from opening on Easter Sunday. This restriction has been eliminated in the revised by -law so as to fully align with the Days of Rest Act (1985) and the established practices in other communities around the Province 136 It is in order for Common. Council to give the attached Saint John Closing of Retail Businesses By -law first and second reading, if Council so wishes. Respectfully submitted, J. Patrick Woods CGA City Manager 137 n THE CITY OF SAINT JOIN NEW BRUNSWICK A By -law Respecting the Closing of Retail Businesses in The City of Saint John By -law Number M -32 An uncertified copy of this by -Iaw is available online 138 Arrete relatif a la fermeture des commerces au detail dans The City of Saint John Arrete numero M -32 Une copie non certifiee de Parretti est disponible en ligne TABLE OF CONTENTS Section Description Designation Recitals 1 Title 2 Definitions 3 Interpretation 4 Permitting the Operation 3 of Retail Businesses 5 Offence 6 Repeal RECITALS WHEREAS Common Council deems it advisable to pass this by -law in order to allow retail businesses to choose their own hours of operations on Weekly Days of Rest; AND WHEREAS subsection 4(1) of the Days of Rest Act (1985) restricts the operation of Retail Businesses on Weekly Days of Rest; AND WHEREAS paragraph 11(1)(e.1) of the Municipalites Act states a municipality may make by -laws permitting or prohiting the operation of Retail Businesses on the Weekly Day of Rest, provided that the Weekly Day of Rest is not also a Prescribed Day of Rest under the Days of Rest Act (1985), and establishing -2- TABLE DES MATIERES Page Article Designation Page 2 Preambule 2 3 1 Titre 3 3 2 Definitions 3 4 3 Interpretation 4 5 4 Permettre 1'exploitation 5 de commerces au detail 5 5 Infraction 5 6 6 Abrogation 6 PREAMBULE Attendu que : 139 le CONSEIL COMMUNAL juge opportun de prendre le present arrete afin de permettre aux commerces au detail de choisir leurs propres heures d'ouverture les JOURS DE REPOS HEBDOMADAIRE; le paragraphe 4(1) de la Loi sur les jours de repos (1985) restreint 1'exploitation de COMMERCES AU DETAIL les JOURS DE REPOS HEBDOMADAIRE; 1'alinea 11(1)e.1) de la Loi sur les municipalites prevoit qu'une municipality peut prendre des arretes municipaux afire de permettre ou interdire 1'exploitation de COMMERCES AU DETAIL le JOUR DE REPOS HEBDOMADAIRE, en autant que cc JOUR DE REPOS HEBDOMADAIRE n'est pas aussi un hours during which Retail Businesses may operate on the Weekly Day of Rest; -3- JOUR DE REPOS PRESCRIT en vertu de la Loi sur les jours de repos (1985), et etablir les heures pendant lesquelles les COMMERCES AU DETAIL peuvent titre exploites le JOUR DE REPOS HEBDOMADAIRE ; NOW THEREFORE, the Common Council of A CES CAUSES, le CONSEIL COMMUNAL de The The City of Saint John, enacts as follows: City of Saint John edicte : Title Titre 1. This by -law may be cited as the Saint John L Le present arrete peut titre cite sous le titre Closing of Retail Businesses By -Law Arrete relatif a la fermeture de commences (hereinafter the `By- law "). au detail de Saint John (ci -apres « 1'ARRETE)) ). Definitions 2. Whenever a word is used in this By -law with its first letter capitalized, the term is being used as it is defined in this Section 2. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. "City" means The City of Saint John (Municipalize); "Common Council" means the elected municipal council of the City (Conseil communal); "Prescribed Day of Rest" means a prescribed day of rest as defined in the Days of Rest Act (1985) (Jour de repos prescrit); 140 Definitions 2. Dans le present ARRETE, les termer en petites majuscules sont employes au sens defini au present article, les autres mots ayant leur sens ordinaire en franrais. « COMMERCES AU DETAIL » designe un commerce au detail tel qu'il est defini dans la Loi sur les jours de repos (1985) (Retail Businesses) ; « CONSEIL COMMUNAL >> designe les membres Ous du conseil municipal de la MUNICIPALITE (Common Council) ; JOUR DE REPOS HEBDOMADAIRE design un jour de repos hebdomadaire tel qu'il est defini dans la Loi sur les jours de repos (1985); et, « JOURS DE REPOS HEBDOMADAIRE » a un sens equivalent (Weekly Day of Rest) ; -4- "Retail Businesses" means a retail business as definers in the Days of Rest Act (1985) (Commerces au detail); "Weekly Day of Rest" means a weekly day of rest as defined in the Days of Rest Act (1985); and, "Weekly Days of Rest" has a corresponding meaning (Jour de repos hebdomadaire). o JOUR DE REPOS PRESCRIT » ddsigne un jour de repos prescrit tel qu'il est ddfmi dans la Loi sur les jours de repos (1985) (Prescribed Day of Rest) ; « VIUNICIPALITE » designe The City of Saint John (City). Interpretation Interpretation 3. Rules for interpretation of the language 3. Les regles d'interprdtation suivantes used in this By -law are contained in the s'appliquent au prdsent ARRETE. lettered paragraphs as follows: (a) The captions, article and section names and numbers appearing in this By -law are for convenience of reference only and have no effect on its interpretation. (b) This By -law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By -law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the most current applicable Revised Statutes of New Brunswick at the date of enactment of this By -law. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments 141 a) Les titres, intertitres et numeros des dispositions ne servent qu'A faciliter la consultation de 1'ARRETE et ne doivent pas servir a son interpretation. b) Le genre ou se nombre grammaticaux doivent etre adaptds au contexte. c) Les renvois ldgislatifs paraissent en italique. Its visent les Lois rdvisdes du Nouveau - Brunswick courantes et applicables a la date de promulgation de l'arretd sauf mention d'une annde particuliere, auquel cas ils visent les Lois du Nouveau - Brunswick de cette ann6e- 16. Dans to-as les cas, le renvoi a une loi vise dgalement les modifications qui s'y appliquent, y compris toute legislation de remplacement. Les renvois a d'autres arretds de la to the legislation, including successor legislation. Where this By -law references other by -laws of the City, the term is intended to include all applicable amendments to those by -laws, including successor by -laws. (d) The requirements of this By -law are in addition to any requirements contained in any other applicable by -laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By -law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By -law as a whole, nor any other part of it. Permitting the Operation of Retail Businesses -5- MUNICIPALITE visent dgalement les modifications qui s'y appliquent, y- compris tout arrdte de remplacement. d) Les obligations qu'il crde s'ajoutent A celles ddcoulant d'autres arretds applicables de la MUNICIPALITE ou des lois ou rdglements fdde'raux ou provinciaux applicables. e) Si une disposition quelconque est ddclarde invalide par un tribunal competent pour quelque motif que ce soit, la ddcision n'entache en rien la validity de 1'ARRETE dans son ensemble ni de toute autre disposition. Permettre 1'exploitation de commerces an detail 4. Retail Businesses are permitted to operate 4. L'exploitation de COMMERCES AU DETAIL on the Weekly Day of Rest, provided that est permise Ie JOUR DE REPOS the Weekly Day of Rest is not also a HEBDOMADAIRE, en autant que ce JOUR DE Prescribed Day of Rest. REPOS HEBDOMADAIRE n'est pas aussi un JOUR DE REPOS PRESCRIT. Offence 5. Any person who violates section 4 of this By -law is guilty of an offence and liable upon summary conviction to a fine of not less than five hundred dollars ($500) and not more than two thousand one hundred dollars ($2,100). 142 Infraction 5. Toute personne qui contrevient la section 4 du present ARRETE est coupable d'une infraction et passible sur condamnation sommaire d'unc amende d'au moins cinq cents dollars (500 $) et d'au plus deux mille cent dollars (2 100 $). Repeal 6. A By -law of The City of Saint John enacted on the 12a' day of March, A.D. 2012 entitled "A By -law related to the Closing of Retail Establishments in the City of Saint John" and all amendments thereto are repealed. Abrogation 6. L'arretd de The City of Saint John ddictd le 120 jour de mars 2012 intitule << Arrete relatif a la fermeture des etablissements de vente au detail daps la ville de Saint John , ensemble ses modifications, sont abrogds. IN WITNESS WHEREOF the City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common Seal of the ,apposer son sceau municipal sur le present ARRETE said City to be affixed to this By -law the le octobre 2013, avec les signatures day of October, A.D. 2013 and signed by: suivantes : Mayor/Maire Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture Third Reading - Troisieme lecture - 143 l mil+. September 30, 2013 Deputy Mayor and Councillors Subject: Recommendation for Pension Disability The Committee of the Whole, having met on September 23, 2013, recommended the following: That pursuant to the medical opinion received by the Committee of the Whole from a Centric Health physician respecting employee ID # 5992, that employee be awarded disability benefits from the City of Saint John in accordance with the Disability Pension provisions of the now repealed City of Saint John Pension Act, as the latter Act existed on the 31" day of December 2012. Sincerely, Mayor Mel Norton l� - VU SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 144