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2013-12-09_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Monday, December 9, 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. 1 Powered BY: SCRIBE Pages 1. Call to Order - Prayer 2. Approval of Minutes 2.1 Committee of the Whole Open Session Minutes of November 18, 2013 2 - 3 2.2 Minutes of November 25, 2013 4 - 11 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 M &C 2013 -271 Sale of To be Closed Portions of Waterloo, Golding and 12-16 Rebecca Streets (Recommendation in Report) 5.2 M &C 2013 -268 Detention Pond Construction (Recommendation in Report) 17-24 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings 6:30 p.m. 9.1 Proposed Section 39 Amendment - 55, 61, 67 and 72 -74 Old Lake Trail 25-31 1 Powered BY: SCRIBE 9.1.1 Planning Advisory Committee Report Denying Section 39 Amendment 32-48 9.1.2 Letter of Opposition 49-50 9.2 Proposed Zoning By -Law Amendment - 4105 Loch Lomond Road 51 -65 9.2.1 Planning Advisory Committee Report Recommending Rezoning and 66-82 Section 39 Conditions 9.3 Proposed Zoning By -Law Amendment - 233 Lancaster Street 83-85 9.3.1 Planning Advisory Committee Report Recommending Rezoning and 86-93 Section 39 Conditions 9.4 Proposed Zoning By -Law Amendment - 7 Sherwood Drive 94-98 9.4.1 Planning Advisory Committee Report Recommending Rezoning and 99-113 Section 39 Conditions 9.4.2 Letters of Support and Opposition: 7 Sherwood Drive 114 - 117 10. Consideration of By -laws 10.1 Third Reading Stop Up and Close - Waterloo Street, Golding Street and 118 - 119 Rebecca Street 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 M &C 2013 -254 Watershed Protection - Forest Management Plan (Tabled from 120-141 November 25, 2013) 12.2 M &C 2013 -264 Project Update Prince William Street (Princess Street to Duke 142-149 Street) Street Reconstruction (Tabled from November 25, 2013) 12.3 M &C 2013 -273 Proposed Operating Budget WaterSewerage Utility Fund 2014 150-183 12.4 M &C 2013 -272 2014 Water & Sewerage Utility Capital Budget 184-224 12.5 M &C 2013 -274 Placing or Dumping of Fill 225-226 12.6 M &C 2013 -278 Public Hearing Procedure for Community Planning Matters 227-233 12.7 M &C 2013 -276 Withdraw Maritime Award 234-236 12.8 Amendment to the Traffic By- Law School Zones (1st and 2nd reading) 237-243 12.9 M &C 2013 -270 80 University Ave Gorman Arena Site 244-250 13. Committee Reports 1 3 13.1 Letter from Uptown Saint John: Support for ZoneSJ 251 -252 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Pavilion Cup Pond Hockey 253-263 16. Supplemental Agenda 16.1 Uptown Saint John Revised 2014 Budget and BIA Levy 264-265 16.2 Development of a New Long -Term Federal Plan to Fix Canada's Housing 266-268 Crunch (Councillor Farren) 16.3 Easement Acquisitions for City Infrastructure Provincial Court Property at Peel 269-272 Plaza 16.4 Rescheduling of Public Hearing for Amendment to Saint John Heritage 273-274 Conservation Areas By -Law re 100 Watson St and 183 Duke St. W 16.5 Support for Responsible Exploration of Domestic Natural Gas (Mayor Norton) 275-275 17. Committee of the Whole 17.1 Recommendation for Disability Benefits 276-276 18. Adjournment 3 City of Saint John Common Council Meeting Monday December 9, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une r6union de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.2(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8t" Floor Boardroom City Hall 1.1 Approval of Minutes 10.2(4) 1.2 Financial Matter 10.2(4)(c) 1.3 Employment Matter 10.2(4)(c) 1.4 Policy for Funding Non - Profit Groups and Events 1.5 Participation in Weekly Meetings with Area Businesses The City of Saint John Seance du conseil communal Le lundi 9 d6cembre 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 greffi&re 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 municipalites. Le conseil /comit6 prendra une ou des d6cisions a cet 6gard au cours de la s6ance publique 16 h 30 — Salle de conference, 8e 6tage, h6tel de ville 1.1 Approbation du proc6s- verbal — paragraphe 10.2(4) 1.2 Question financi&e — alin6a 10.2(4)c) 1.3 Question relative a 1'emploi — alin6a 10.2(4)c) 1.4 Politique de financement des groupes et des Mnements sans but lucratif 1.5 Participation a des r6unions hebdomadaires avec les entreprises de la r6gion Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance ordinaire du comit6 pl6nier tenue le 18 novembre 2013 2.2 Proces- verbal du 25 novembre 2013 3. Adoption de 11ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a Papprobation du conseil 5.1 M/C 2013 -271 : Vente de trongons, devant titre ferm6s, des rues Waterloo, Golding et Rebecca (recommandation figurant au rapport) 5.2 M/C 2013 -268 : Construction du bassin de r6tention (recommandation figurant au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques a 18 h 30 9.1 Projet de modification de Particle 39 visant les 55, 61, 67 et les 72 -74, sentier Old Lake 9.1.1 Rapport du Comit6 consultatif d'urbanisme recommandant le rejet de la modification de Particle 39 9.1.2 Lettre d'opposition 9.2 Modification de 1'Arret6 de zonage relativement au 4105, chemin Loch Lomond 9.2.1 Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage conform6ment aux conditions impos6es par Particle 39 9.3 Projet de modification de 1'Arret6 de zonage relatif au 233, rue Lancaster 9.3.1 Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage conform6ment aux conditions impos6es par Particle 39 9.4 Projet de modification de 1'Arret6 de zonage relatif au 7, promenade Sherwood 9.4.1 Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage conform6ment aux conditions impos6es par Particle 39 9.4.2 Lettres d'opposition et de soutien concernant le 7, promenade Sherwood 10. Etude des arretes municipaux 10.1 Troisi&me lecture du projet de modification de Parretti visant a fermer et a barrer des trongons des rues Waterloo, Golding et Rebecca 11. Interventions des membres du conseil 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 M/C 2013 -254: Protection du bassin versant — Plan d'am6nagement forestier (point report6 lors de la reunion du 25 novembre 2013) 12.2 M/C 2013 -264 — Mise a jour sur le projet de r6fection de la rue Prince William, de la rue Princess a la rue Duke (point report6 lors de la reunion du 25 novembre 2013) 12.3 M/C 2013 -273 : Budget d'exploitation propose pour 2014 — Fonds du r6seau d'aqueduc et d'6gouts 12.4 M/C 2013 -272 : Budget d'immobilisations de 2014 pour le fonds du r6seau d'aqueduc et d'6gouts 12.5 M/C 2013 -274: Placement ou d6chargement de mat6riau de remblayage 12.6 M/C 2013 -278 : Proc&dure relative aux audiences publiques pour les questions d'urbanisme 12.7 M/C 2013 -276: Retrait du Maritimes Award 12.8 Modification de 1'Arret6 sur le zonage concernant les zones d'6cole (premiere et deuxieme lectures) 12.9 M/C 2013 -270: 80, avenue Universit6, arena Charles Gorman 13. Rapports deposes par les comites 13.1 Lettre de Uptown Saint John a 1'appui de ZoneSJ 14. Etude des sujets ecartes des questions soumises a 11approbation du conseil 15. Correspondance generale 15.1 Tournoi de hockey Pavilion Cup 16. Ordre du jour suppl6mentaire 16.1 Budget 2014 r6vis6 et zone d'am6lioration des affaires de Uptown Saint John 16.2 Elaboration d'un nouveau plan f&deral a long terme visant a r6gler la crise du logement au Canada (conseiller Farren) 16.3 Acquisition de servitudes aux fins d'infrastructure municipale — Cour provinciale de la place Peel 16.4 Changement de la date de I'audience publique relative a la modification de 1'Arret6 concernant les aires de conservation du patrimoine de Saint John — 100, rue Watson et 183, rue Duke Ouest 16.5 Soutien a 1'exploration des ressources locales de gaz naturel (maire Norton) 17. ComW pl6nier 17.1 Recommandation concernant les prestations d'invalidite 18. Levee de la s6ance Committee of the Whole Open to Public Session November 18, 2013 Minutes of the Portion of the Committee of the Whole Meeting Open to the Public Monday, November 18, 2013 at 6:00 p.m. 8th Floor Ludlow Room, City Hall Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Farren, Fullerton, Lowe, MacKenzie, McAlary, Merrithew, Norton, Reardon and Strowbridge - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; W. Edwards, Commissioner of Transportation and Environment Services; K. Clifford, Fire Chief; Jacqueline Hamilton, Commissioner Growth and Development; Neil Jacobson, Commissioner Strategic Services; Nancy Moar, Manager Communications; Stephanie Rackley- Roach, Corporate Planning; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. 1. Call To Order Mayor Norton called the meeting to order. 1.0. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Farren RESOLVED that the agenda of the meeting of Committee of the Whole Open Session for November 18, 2013 be approved. Question being taken, the motion was carried. (Nicole Paquette Sullivan entered the meeting.) The City Manager spoke on the importance of connecting Advance SJ and Council Priorities. Council priorities direct what actions are funded, thereby prioritizing the projects and initiatives worked on by staff. Key Performance Indicators (KPIs) provide the metrics that measure achieving directives. The following documents were provided as working tools for the session: 1.1 Priority Update Session Agenda and Materials 1.2 Council Priorities 1.3 Advance SJ: A Corporate Strategic Plan for the City of Saint John 2013- 2016 1.4 Alignment with Council's Priorities 1.5 2013 Budget Update 1.6 Capacity Box (Councillor Fullerton withdrew from the remainder of the meeting.) 1.7 Annual Report Framework — Alignment with Council's Priorities Nicole Paquette Sullivan introduced herself as the priorities session convener and welcomed Council to their second priority setting in their 4 year municipal term and advised that the session will update progress and changes in priorities since 2012. Council were referred to the pamphlet "Our Priorities Saint John Common Council 2012- 2016" and were led in focus groups to address the three major priority groupings, economic health, community of choice and sustainable infrastructure. During the focus groups Council evaluated the progress made. 2 Committee of the Whole Open to Public Session November 18, 2013 Council then reviewed the document "Advance SX to evaluate the alignment staff has achieved to advance Council Priorities. The focus groups placed checkmarks on priorities carried out by staff. The checkmarks were placed on water, roads, recreation and economic development, consistent with Council priorities. When asked what priorities were not met or listed, the City Manager remarked that the storm drainage flood control is not listed specifically as a priority, but $1 million has been spent on this important initiative and money will continue to be spent on this infrastructure. The Fire Chief commented that EMO effectiveness relies on radio communication. The radio communication currently relied on uses outdated infrastructure. The facilitator stated that the Council priorities and budget during 2013 were consistent with priorities and budget for 2012 -2016. Next steps include developing work plans and KPIs to align with Advance SJ. Adjournment On motion of Councillor Lowe Seconded by Councillor Reardon RESOLVED that the meeting be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 8:20 p.m. Mayor / Maire Common Clerk / greffier communal 9 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013 /LE 25 NOVEMBRE 2013 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 25, 2013 - 6:00 P.M. Present: Mel Norton, Mayor Deputy Mayor Rinehart and Councillors Fullerton, Lowe MacKenzie, McAlary, Merrithew, Norton, and Strowbridge - and - W. Edwards, Acting City Manager / Commissioner of Transportation and Environment Services; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; J. Hamilton, Commissioner of Growth and Community Development Services; A. Poffenroth, Deputy Commissioner of Building and Inspection Services; K. Clynick, Divisional Chief; Sgt. R. Cooper, Police; J. Taylor, Common Clerk; P. Anglin, Acting Deputy Common Clerk. Regrets: Councillors Farren and Reardon Call To Order — Prayer Deputy Mayor Rinehart called the meeting to order and Reverend Donald Shephard of the New Brunswick District of the Canadian Bible Society, assisted by the Reverend Mel Norton of the Bible Society, offered the opening prayer. 2. Approval of Minutes 2.1 November 12, 2013 Minutes On motion of Councillor MacKenzie Seconded by Councillor McAlary RESOLVED that the minutes of the meeting of Common Council, held on November 12, 2013, be approved. Question being taken, the motion was carried. 3. Approval of Agenda On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the agenda of this meeting be approved with the addition of items 16.1 Watershed Protection — Forest Management Plan; 16.2 Douglas Avenue (Bentley Street to Civic # 228) Sanitary and Storm Sewer Renewal Project Sanitary Sewers 261 & 263 Douglas Avenue; 16.3 West Works Facility Renovation Recommendation for Award of Tender (2013- 081203T); and 17.2 Committee of the Whole: Lord Beaverbrook Rink. 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 M &C 2013- 253: Easement Acquisition for Municipal Sanitary Sewer Line Civic #236 Bridge Street, further to the resolution of Common Council of October 15, 2013 where Common Council resolved "that the City acquire an Easement for Municipal Services in and through Civic # 236 Bridge Street as per the attached Offer of Purchase and Sale ", which Offer of Purchase and Sale contemplated the City acquiring a 48.5 square meter easement for $1,000.00, that the City acquire a smaller easement of approximately 25 square meters for the same amount of $1,000.00, and that all other aspects of the Offer of Purchase and Sale and the Oct. 15, 2013 resolution remain the same. 5.2 That as recommended by the City Manager in the submitted report M &C 2013- 260: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal 11 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013/LE 25 NOVEMBRE 2013 Project Temporary Construction Easement and Permanent Easement for Municipal Services Portions of PID #00379255 — 249 Douglas Avenue: 1. The City of Saint John acquire from David Alan Clarkson two temporary construction easements in the portions of PID # 00379255; one measuring 57.6 square metres +/- and the other 50.7 square metres +/- for the sum of $1.00 (+ HST if applicable), upon the terms and conditions contained in the Temporary Construction Easement document attached to M &C 2013 -260; 2. The City of Saint John acquire from David Alan Clarkson a permanent easement for municipal services measuring 137.3 square metres +/- in a portion of PID # 00379255 for the sum of $68.65 (+ HST if applicable), upon the terms and conditions contained in the Agreement of Purchase and Sale document attached to M &C 2013 -260; and, 3. The Mayor and Common Clerk be authorized to sign all necessary documentation. 5.3 That as recommended by the City Manager in the submitted report M &C 2013- 259: Douglas Avenue (Bentley Street to Civic #228) Sanitary and Storm Sewer Renewal Project Sanitary Sewers 247 & 249 Douglas Avenue: 1. The City of Saint John enter into an Agreement with David Alan Clarkson and 630820 N.B. Inc. in the form as attached to M &C 2013 -259 to facilitate the creation and conveyance of a permanent private easement measuring 80.6 square metres +/- in and over a portion of PID # 00379255, for the benefit of PID # 55172860, for the sum of $3,431.35 (+ HST if applicable); and, 2. The Mayor and Common Clerk be authorized to sign all necessary documentation. 5.4 That as recommended by the City Manager in the submitted report M &C 2013- 250: Proposed Easement for Municipal Services 835 Loch Lomond Road (Scholten's) 1. Common Council rescind its resolution of July 2, 2013 giving assent to subdivision plan of the property located at 835 Loch Lomond Road (PID 00313700) with respect to the vesting of a Municipal Services Easement. 2. The City acquire from Scholten's Loch Lomond Ltd. an Easement for Municipal Services for $1.00 generally in the location as depicted on the Survey Plan attached to M &C No. 2013 -250; and, that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.5 That as recommended by the City Manager in the submitted report M &C 2013- 252: Millidgeville Wastewater Treatment Facility Environmental Risk Assessment, the proposal from NATECH Environmental Services Inc. for consulting engineering services for the Millidgeville Wastewater Treatment Facility Environmental Risk Assessment in the amount of $18,590.00 plus HST be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.6 That as recommended by the City Manager in the submitted report M &C 2013- 257: Proposed Public Hearing Date 1210 Loch Lomond Road Common, Council schedule the public hearing for the Section 39 amendment application of Kyung Po (Julia) Park (1210 Loch Lomond Road) for Monday, December 23, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. 5.7 That as recommended by the City Manager in the submitted report M &C 2013- 239: Pipeline Crossing Agreement with Brunswick Pipeline - Crossing KP- 20.44, the City of Saint John enter into a Crossing Consent Agreement with Brunswick Pipeline subject to the terms and conditions in the submitted agreement, for the purposes of facilitating the sewer main installation as part of the Bridge Street Sanitary Sewer Installation project and that the Mayor and Common Clerk execute the said agreement. 5.8 That as recommended by the City Manager in the submitted report M &C 2013- 262: Geographic Information System Enterprise Software Licence Renewal, the City enter into a Small Local Government Enterprise License Agreement with Environmental 5 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013 /LE 25 NOVEMBRE 2013 Systems Research Institute, Inc., (ESRI) for a term of 3 years in the form of as attached to M &C No. 2013 -262 for $57,000 per year (plus applicable taxes), and further that the Mayor and Common Clerk be authorized to execute the Small Local Government Enterprise License Agreement in the form already approved by the Legal Department as well as the submitted Quote. 5.9 That as recommended by the City Manager in the submitted report M &C 2013- 261: Municipal Drainage Easement Acquisition Shoreline Drive, Highlands of Drury Cove Subdivision (Project File: 110 Drury Cove Road), the City acquire, from Best Value Rentals Ltd., a Municipal Drainage Easement for $1.00 generally in the location as depicted on the amending subdivision plan entitled The Highlands of Drury Cove Subdivision Lot D -10 attached to M &C No. 2013 -216, and that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.10 That the letter from Saint John Industrial Parks regarding SJIP President term extension be referred to the Nominating Committee. 5.11 Refer to Item 14.1 5.12 That the letter from the Saint John Board of Police Commissioners regarding a request for appointment of a new commissioner be referred to the Nominating Committee. 5.13 That the letter from Janice and Dennis Griffin regarding PlanSJ and ZoneSJ be received for information. On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of item 5.11 H. Wright Letter regarding the municipal cenotaph which has been identified for debate, be adopted. Question being taken, the motion was carried. (Mayor Norton entered the meeting and assumed the chair) 6. Members Comments Council members commented on various community events. 7. Proclamation 7.1 New Brunswick College of Craft and Design Day - November 29, 2013 The Mayor proclaimed November 29, 2013 New Brunswick College of Craft and Design Day in The City of Saint John. 8. Delegations /Presentations 10. Consideration of By -laws 10.1 Third Reading Traffic By -Law Amendment: Woodville Road On motion of Councillor McAlary Seconded by Councillor Merrithew RESOLVED that the by -law entitled, "A 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, 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 McAlary X 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013/LE 25 NOVEMBRE 2013 Seconded by Deputy Mayor Rinehart 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, 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." 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 M &C 2013 -265 Demolition of the Dilapidated and Dangerous Building and Cleanup of the Premise at 111 Orange Street (PID #12112) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 — 265: Demolition of the dilapidated and dangerous building and cleanup of the premise at 111 Orange Street (PID #12112), Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By -law, to arrange for the demolition of the building at 111 Orange Street, PID #12112 and the removal of all debris and cleanup of the premise including the removal of any vehicle remaining on the property and that all work be carried out in accordance with the applicable City purchasing policies. Question being taken, the motion was carried. 15. General Correspondence 16. Supplemental Agenda 16.1 Watershed Protection — Forest Management Plan On motion of Deputy Mayor Rinehart Seconded by Councillor McAlary RESOLVED that Item 16.1 Watershed Protection — Forest Management Plan be tabled to the meeting of December 9, 2013. Question being taken, the motion was carried. 16.2 Douglas Avenue (Bentley Street to Civic # 228) Sanitary and Storm Sewer Renewal Project Sanitary Sewers 261 & 263 Douglas Avenue On motion of Deputy Mayor Rinehart Seconded by Councillor Merrithew RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -267: Douglas Avenue (Bentley Street to Civic # 228) Sanitary and Storm Sewer Renewal Project Sanitary Sewers 261 & 263 Douglas Avenue: 1. The City of Saint John enter into the Agreement with Helron Real Estate Inc. and Terrance Joseph Keating upon the terms and conditions contained in the Agreement document attached to M &C 2013 -267 for the creation of a permanent private sewer easement measuring 80.6 square metres +/- in a portion of PID Number 00377945, for the benefit of PID 00358481, for the sum of $3,373.25 (+ hst if applicable), provided Helron Real Estate Inc. has signed said Agreement document; and, 2. The Mayor and Common Clerk be authorized to sign all necessary documentation. N 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013 /LE 25 NOVEMBRE 2013 Question being taken, the motion was carried. 16.3 West Works Facility Renovation Recommendation for Award of Tender (2013- 081203T) On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -266: West Works Facility Renovation Recommendation for Award of Tender (2013- 081203T): 1. Common Council award Tender No. 2013- 081203T: Works West Facilities Renovations to the low bidder, Castle Rock Construction Services Inc., at the tendered price of $ 289,500.00 plus HST; 2. Common Council approve a construction contingency allowance of $ 30,000 for the Works West Facilities Renovations, which is to be expended only if required to address unforeseen conditions during the construction at the approval of the Manager of Facility Management; and, 3. The Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried. 17. Committee of the Whole 17.1 Committee of the Whole: Risk Management Policy On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the Committee of the Whole, having met on August 12th, 2013, Common Council adopt the following: 1. Change the name of the division from Insurance Department to Risk Management Division; 2. Create a Risk Manager position; 3. Change the title of Insurance and Claims Officer to Claims Officer; and, 4. Adopt the Risk Management Policy submitted with this report. Question being taken, the motion was carried. 12.3 M &C 2013 -258 In -House Solid Waste Collection Model - 1 Year Update On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -258: In -House Solid Waste Collection Model - 1 Year Update Common Council receive and file this report. Question being taken, the motion was carried. 12.5 M &C 2013 -251 2013 Streets, Sidewalks and Curbs Report On motion of Deputy Mayor Rinehart Seconded by Councillor Norton RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -251: 2013 Streets, Sidewalks and Curbs Report Common Council: 1. Consider the information contained in the submitted report in determining 2014 Operating and Capital budget funding allocations for asphalt pavements; n. 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013/LE 25 NOVEMBRE 2013 2. Adopt a PCI Objective of 77.5; and 3. That this report be received and filed. Question being taken, the motion was carried. 13. Committee Reports 13.1 Uptown Saint John: 2014 Budget On motion of Councillor McAlary Seconded by Deputy Mayor Rinehart RESOLVED that the letter from Uptown Saint John Inc. submitting its 2014 budget be accepted, and that advertising be authorized with a date set for a public hearing for the Business Improvement Levy. Question being taken, the motion was carried. 9. Public Hearings 6:30 P.M. 9.1 Proposed By -Law Amendment Stop Up and Close: Waterloo Street, Golding Street and Rebecca Street (1st and 2nd Reading) The Common Clerk advised that the necessary advertising was completed with regard to the proposed bylaw amendment to stop -up and close Waterloo Street, Golding Street and Rebecca Street, by adding thereto Section 236 immediately after Section 235, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner of Hughes Surveys & Consultants appearing on behalf of the developer. On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding Waterloo Street, Golding Street and Rebecca Street, by adding thereto Section 236 immediately after Section 235 thereof, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John" regarding Waterloo Street, Golding Street and Rebecca Street, by adding thereto Section 236 immediately after Section 235 thereof, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in the City of Saint John." 12.2 M &C 2013 -255 Play SJ - Recreation and Parks Strategic Plan Mr. Mike Hugenholtz, Deputy Commissioner of Parks & Public Spaces, provided an update on the Play SJ Recreation and Parks Strategic Plan and responded to questions from Council. 9 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013 /LE 25 NOVEMBRE 2013 On motion of Councillor McAlary Seconded by Councillor MacKenzie RESOLVED that as recommended by the City Manager in the submitted report M &C 2013 -255: Play SJ - Recreation and Parks Strategic Plan Common Council adopt the submitted document Play SJ as the strategic plan for delivery of parks and recreation services. Question being taken, the motion was carried. 12.4 M &C 2013 -264 Update Prince William Street (Princess Street to Duke Street) Street Reconstruction On motion of Councillor MacKenzie Seconded by Deputy Mayor Rinehart RESOLVED that item 12.4 Update Prince William Street (Princess Street to Duke Street) Street Reconstruction be tabled to the meeting of December 9, 2013. Question being taken, the motion was carried. 14. Consideration of Issues Separated from Consent Agenda 14.1 H. Wright Letter re: Afghanistan War Cenotaph On motion of Councillor Merrithew Seconded by Councillor McAlary RESOLVED that staff be directed to purchase and place a plaque on the municipal cenotaph in King's Square to mark the Afghanistan War. Question being taken, the motion was carried. 17.2 Committee of the Whole: Lord Beaverbrook Rink On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that as recommended by the Committee of the Whole, having met on November 25, 2013, notwithstanding the City's procurement policy, the City: Engage Troy Life and Fire Safety Ltd. to perform the following work: • Conduct obstruction investigation of sprinkler system; • Conduct hydro - pneumatic flushing of sprinkler system; • Effect repairs to the sprinkler system; and, • Replace all sprinkler heads for the amount of $85,066.00 plus HST together with a contingency amount of not more than $5,000.00 for the repair or replacement as warranted, of any damaged sprinkler piping; and that the City Solicitor be directed to prepare the appropriate agreement and the Mayor and Common Clerk be authorized to execute it; and, 2. Engage Vipond Inc. (dba Ultra Alarm Services) to perform the following work: • The installation of a zoned fire alarm system recently designed by Ultra Alarm Services for the LBR, for the amount of $30,950.00 plus HST and that the City Solicitor be directed to prepare the appropriate agreement and the Mayor and Common Clerk be authorized to execute it. Question being taken, the motion was carried. On motion of Councillor McAlary Seconded by Councillor Lowe RESOLVED that the funds for the repair and improvement work to the Lord Beaverbrook Rink be taken from the 2014 capital budget. Question being taken, the motion was carried. 18. Adjournment 10 97- COMMON COUNCIL /CONSEIL COMMUNAL NOVEMBER 25, 2013/LE 25 NOVEMBRE 2013 On motion of Councillor McAlary Seconded by Councillor Norton RESOLVED that the Common Council meeting of November 25, 2013 be adjourned. Question being taken, the motion was carried. The Mayor declared the meeting adjourned at 7:20 p.m. Mayor / maire Common Clerk / greffier communal 11 REPORT TO COMMON COUNCIL M & C #2013 -271 December 9, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of "To be Closed" Portions of Waterloo, Golding and Rebecca Streets BACKGROUND: City of Saint John The Planning Advisory Committee at its July 16, 2013 meeting considered and approved a development proposal to construct two buildings containing a total of 25 stacked townhouse units on the property at the corner of Waterloo and Golding Streets. A condition of approval by the Committee is that the proponent must apply for and acquire three slivers of land currently within the street right -of -ways that surround the subject property and be responsible for any costs associated with the street closure and conveyance process. The closures along Golding and Waterloo are proposed for increased landscaping and the closure along Rebecca is proposed to allow the steps accessing one of the two buildings to be constructed. Common Council held a Public Hearing at its meeting of November 25th, 2013 and resolved to give 1St and 2nd Reading to a By -law to stop -up and close the narrow slivers of street right -of -ways for Waterloo, Golding and Rebecca Streets as shown on the attached Plan of Survey. ANALYSIS: Municipal Operations are prepared to allow the three slivers of street right -of -way to be closed and conveyed to the proponent. The proponent/developer is prepared to pay for all costs associated with the street closure process, including survey costs, public advertising and any other administrative costs associated with the land conveyances, as per the attached offer. In addition, staff had determined a fair market value of $1,200.00 plus HST for the combined area for the "to be" stopped -up and closed 120 square metres. The recommendation included in this report will facilitate the conveyance of the three slivers of "to be" former street right -of -ways to Atlantic Real Properties Developments Inc. 12 Sale of "To be Closed" Streets - 2 - December 9, 2013 RECOMMENDATION: In the event the City of Saint John stops -up and closes a 24 square metre portion of Waterloo Street, a 50 square metre portion of Golding Street and a 46 square metre portion of Rebecca Street as shown on a Plan of Survey prepared by Hughes Surveys & Consultants Inc., dated October 3, 2013 and attached to M & C # 2013 -271, the City will sell the aforementioned parcels to Atlantic Real Properties Developments Inc. for $1,200.00 plus HST on the following conditions: a. Atlantic Real Properties Developments Inc. shall pay the cost of any and all plans of survey required to initiate the above noted street closures and any plan required for conveyance purposes; and b. Atlantic Real Properties Developments Inc. shall pay the cost of the public advertisement to initiate the street closure process, which shall include translations costs. Atlantic Real Properties Developments Inc. shall consolidate the "to be closed" portions of Waterloo, Golding and Rebecca Streets to its adjoining property, bearing PID Number 55210926. Respectfully submitted, oe ("Curtis Langille A Brian Irving, BA Real Estate Officer Manager Re Estate Gregory Yeomans, CGA, MBA Patrick Woods, CGA Commissioner City Manager Finance and Administrative Services Attachments CL /c 13 =w <. , �� " �'`�- � G �:: �.,�f�!{°� F L�' �„ ;Z� obi i � � . _ • •;� "_ v 3 t. .'d {{ 6 sr k L t!{t4! i:- fh_ 1� j Y nft Y t ' � ����� ,iii � . . � .. ti `4 - • �� J'`�,�1ry��� f!� 4A i Eby cr ,.fr °i ,i��*� .a� �,� :t+' `rlc��� f.; ��� .} ..;• '� r .r FY£p � °,� r. �, w�•, �. .. 11 �` yr_ `�.� .a''�Y�a� � 'y:. - LF /�•'R ALA. f F r. s ; f •JI'` ' C f •: =w <. , �� " �'`�- � G �:: �.,�f�!{°� F L�' �„ ;Z� obi i � � . _ • •;� "_ v 3 t. .'d {{ 6 sr k L t!{t4! i:- fh_ 1� j Y nft Y t ' � ����� ,iii � . . � .. ti `4 - • �� J'`�,�1ry��� f!� 4A i Eby cr ,.fr °i ,i��*� .a� �,� :t+' `rlc��� f.; ��� .} ..;• '� r .r FY£p � °,� r. �, w�•, �. .. 11 �` yr_ `�.� .a''�Y�a� � 'y:. - LF /�•'R ALA. f F r. s ; f •JI'` r. X n .. c .. •. . `. m / VYON 8�0 M >�aeunig apN o 0 � oa5 ary ° y T SaX�SaSa SSi i 'espy' • 8 r - � S � o a°` zs ., ` a° a Q °o Qm � ° rvp c m 0 - - m E*e E no'zc Sim° pycTw m� Z ° ZII 3R0' � y nn nnnnn nn nnnnnn v c � "S.= moo,. m a •m `o iry °IE °' Ec2n - ': N•`.8 °�0 1.4 o -n rvnN_•�m m m m m o C h B• `s•' m y y ci `aa ° °g E Ero cC ° 'Cm �2u• oc�o n n N�­anuninm U Oi O VI u N - u $�6 o rv.. rvrvry rvrvrv..�arv� -, n C C.+ m c W o 0 0 c° co nzE o� oU SE >°, ocoo.q °os NNmnn °nn °nn °Vni°ry O c o .TKO oIM� .., I,yy.•,Y d°m - � ry ry n n a ♦ � m m m \ \ 058 KS Z \ w\ �A'qj ( a o O C� a ou oa'a9ny an Taa�JS /�Taa�JJa oJJaga� J Js ��age�y oO Tqn y \., 9a� -- O O C O � O o C Z Z 2 Z n .. c .. •. . `. iai`auiug— /NannoN np p�ou ryn>go,0 / VYON 8�0 M >�aeunig apN u�uuu � oa5 ary N u a y T SaX�SaSa SSi i C V O Q °o Qm mmnnm�$om~°vnninnoa2 •� d -°° 'r- o r acv em`mu•'°mm.�°n•no rm =° n.°�innn nnnn nn m� Z ° ZII 3R0' � y nn nnnnn nn nnnnnn v C m d� C c U moo,. m a °n$umvrv�nvn�ngaT \ � W 1.4 o -n rvnN_•�m m m m m o C h ° c mm m mmmHnn = . 1—.........mn ° \ \ 058 KS Z \ w\ �A'qj ( a o O C� a ou oa'a9ny an Taa�JS /�Taa�JJa oJJaga� J Js ��age�y oO Tqn y \., 9a� -- O O C O � O o C Z Z 2 Z n .. c .. •. . . : �. / u�uuu � oa5 ary N u a y T SaX�SaSa SSi i C V O Q °o Qm mmnnm�$om~°vnninnoa2 •� d -°° 'r- o r acv em`mu•'°mm.�°n•no rm =° n.°�innn nnnn nn m� Z ° ZII 3R0' � y nn nnnnn nn nnnnnn v C m d� C c U a m y N °n$umvrv�nvn�ngaT O y S N O L O 0-0, m 1.4 o -n rvnN_•�m m m m m o > L_ N N C L_ ° c mm m mmmHnn = . 1—.........mn ° j aN O ���yt ° m n n N�­anuninm U Oi O VI u N rv.. rvrvry rvrvrv..�arv� -, n C C.+ m c W o 0 0 o NNmnn °nn °nn °Vni°ry O c o a m< a an�aob, /a nd� o Tea�J S ° • od n ° /�a7o Taa'Js ° /�aJo H 110 °O /$ ° %ate M f 15 n o ° 2 P m n ,n� m• u Q ° d v� c°° Ui o as c stn d 8 058 KS va _ o °.E g•8Ze .°8':.� m r u M n • a -% g 2 b g CuNin C m is m m , / m O oa5 ary y T 00 ra Qm -°° 'r- o r � y n cue c° �F/ o 15 n o ° 2 P m n ,n� m• u Q ° d v� c°° Ui o as c stn d 8 058 KS va _ o °.E g•8Ze .°8':.� m r u M n • a -% g 2 b g CuNin C m is m Cmer of Purchase and Sale Portions of Waterloo, Golding and Rebecca Streets (if stopped -up and closed) In the event that portions of Waterloo, Golding and Rebecca Streets, as shown on the attached Plan of Survey titled, "Plan of Survey Showing portions of Waterloo Street, Golding Street and Rebecca Street, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated October 3, 2013, having a total area of 120 square metres (1,292 square feet), is stopped -up and closed, The City of Saint John offers for sale its fee interest in the land to Atlantic Real Properties Development Inc. (or an affiliated company), for the sum of $1,200.00 plus HST (if applicable). As part of the transaction, The City of Saint John is responsible for the preparation and insertion for the public advertisement notifications that are required to satisfy the procedural regulations, prior to the consideration by Common Council to stop -up and close a street. Atlantic Real Properties Development Inc. (or an affiliated company) is responsible for the following: 1. A survey plan required for the process to stop -up and close the above mentioned portions of Waterloo, Golding and Rebecca Streets and the costs associated with the public advertisement notifications that are required to satisfy the procedural regulations, including the translation cost and any administrative document or any other associated administrative or registration cosh that are required to secure their interest in the above mentioned properties; and 2. A deposit in the form of a certified cheque equal to Two Thousand Dollars ($2,000.00) plus H.S.T. (if applicable) must be received by the City of Saint John, no later than Friday, October 11, 2013. In the event the streets are not stopped - up and closed, the deposit minus the cost of advertising and translation will be returned to Atlantic Real Properties Development Inc. (or an affiliated company). This offer is subject to Common Council approval. I My 444 a duly authorized representative(s) of Atlantic Real Properties Development Inc. (or an affiliated company) contained herein. Si re Date 16 REPORT TO COMMON COUNCIL M & C — 2013 -268 December 9, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Land off Boars Head Road for Purpose of Construction of a Detention Pond — Stanley Gardens Ltd. BACKGROUND: Cla1 City of Saint John As part of the City's ongoing Capital Budget, Municipal Operations has targeted the need to construct a detention pond on its vacant property, identified as being PID #55163174 (see attached map). In addition, a small parcel of land was acquired from an adjacent property being a portion of PID# 55203145 for the purpose of enlarging the pond area to create a greater capacity for the volume of water to be detained. The detention pond is intended to capture storm water flowing from Caledonia Brook and the surrounding area, prior to it entering the storm sewer via Woodward Avenue. The storm sewer on Woodward Avenue had been over capacity and prone to surcharging during wet weather events. The intended detention pond is one of a number of City initiatives to reduce the surcharging events that historically had occurred in this area. Construction work is expected to commence in 2014. ANALYSIS: CBCL, the design firm for the above specified detention pond has recently determined that in order for the proposed detention pond to work effectively additional land beyond what was recently acquired is needed. Geotechnical issues on the City's property further downstream have significantly altered the design. A sketch has been prepared showing a13 -acre parcel of low lying property that would be suitable for detention pond usage both as required now to achieve the coverage for a 1 in 100 year storm, and in the future if further detention is required at this location (see attached). Real Estate Services have negotiated with the owner of the adjoining 47 -acre property, Stanley Gardens Limited to acquire a 13 -acre parcel. The purchase price for this parcel is a very fair value of approximately $2,000.00 per acre. The acquisition of this parcel will provide the land necessary now for the City's proposed detention pond as well as address any need in the future for additional storm water storage capacity. 17 M & C — 2013 -268 - 2 - December 9, 2013 If Council is in agreement, the following recommendation will secure the necessary parcel to consolidate with an adjoining City property. RECOMMENDATION: 1. That The City of Saint John enter into an Agreement of Purchase and Sale in the form as attached to this M & C #2013 -268 for the purchase of the fee simple interest in a portion of land, identified as being PID# 49817, comprising 52,904 square metres (13 acres) ± as shown on an attached drawing titled "Millidgeville Stormwater Detention Pond Proposed Pond Expansion ", and 2. That the Mayor and Common Clerk be authorized to execute any document(s) necessary to finalize this transaction. Respectfully submitted, Curtis Langille A Real Estate ficer Gregory Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachments CL /c im Patrick Woods, CGA City Manager v. 3 °ter cp J a im +tf vt r- yi sx FZ�, o 4- 40b N dpi t 0 rn , O onto a 'n� XW.y Y L SY i1y,,Wl RNVE N x }3 $ • y..a,14 X1..1 1. \r yK a w � O{� .. ��� � � - `�; • -111 `'M ..1.' -•'' .^ CD Go 'h 1„111 � , � 1�n�' a.y ':' ,.,; •'c'•• ,•I � C C 19 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a 52,904 square metre portion of the Vendor's lands bearing PID# 49817 as hereinafter set out upon the following terms and conditions: Vendor: Stanley Gardens Limited 17 Turnbull Court Rothesay, NB E2E 5W7 Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E21_41_1 Attention: Common Clerk Purchased Lands: a portion of the lands identified as PID # 49817 (on Boars Head Road), comprising 52,904 square meter +/- as shown on a drawing titled "MILLIDGEVILLE STORMWATER DETENTION POND PROPOSED POND EXPANSION" (hereinafter called the "Lands "), a photo- reduced copy of which drawing is attached hereto as Schedule "A ". Purchase Price: $25,000.00 + HST if applicable Deposit: $3,000.00 payable upon the adoption of the Common Council Resolution Balance: $22,000.00+ HST if applicable payable on Closing Closing Date: On or before February 14, 2014. 1. The Vendor shall convey to the Purchaser and the Purchaser shall acquire from the Vendor the unencumbered freehold title in the Lands in return for the Purchase Price. 2. The Purchaser may examine the title to the Lands at its own expense until closing. If within that time any valid objection to the title to the Lands is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. 3. In the event that the Vendor's title is encumbered, and the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrancer a Discharge, in registerable form, of such 1 20 Agreement of Purchase and Sale Stanley Gardens Limited and The City of Saint John encumbrance provided that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Discharge. 4. (i) The Purchaser shall prepare at its cost the Plan of Subdivision required to effect the conveyance herein contemplated; and (ii) The Purchaser shall pay for registration and filing fees at SNB for the plan, Transfer and required Discharges. 5. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunder shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further recourse. 6. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on Wednesday, December 12`h, 2013 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. The Purchaser, by its authorized representatives, with such equipment as may be necessary, have a right of access to, in and upon the parcel of land identified as PID #49817 at any time provided such right is exercised with as little disturbance as possible to the Vendor and does not unduly interfere with the Vendor's use of the said parcel of land at such time and for such purposes and upon such conditions as hereinafter set out: (a) the right of access is to allow the Purchaser to test soil conditions and conduct geotechnical investigations for the purpose of designing a storm water detention pond on the Lands; (b) the right of access to, in and upon PID #49817 shall terminate at 11:59 p.m., local time, on February 14, 2014; (c) any entry to and upon PID #49817 shall require twenty -four (24) hours prior notice to the Vendor; (d) any entry by or on behalf of the Purchaser shall be at its risk, cost and expense and the Purchaser shall make good any and all damage caused to PID #49817; (e) the Purchaser, for itself and is authorized representatives, hereby indemnifies and saves harmless the Vendor from and against all matters arising by reason of the exercise by the Purchaser or by its authorized representatives of the rights given by this right of access. 8. This Agreement shall be binding upon the parties hereto, their respective successors and permitted assigns. 2 21 Agreement of Purchase and Sale Stanley Gardens Limited and The City of Saint John 9. Ian Swanton is a registered sales person under the New Brunswick Real Estate Agent's Act. Tle IN WITNESS WHEREOF the Vendor has caused these presents to be executed this day of .�c"� , 2013. STANLEY GARDENS LIMITED per ,. �.• 7j--, AND the Purchaser has caused these presents to be executed this day of ,20 22 THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 3 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, Ian Swanton, of theLA/" in the County of k111 -4 c- and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the f) rA.6c-1 �A of Stanley Gardens Limited, the Vendor named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. That the corporate seal affixed to the foregoing agreement and purporting to be the corporate seal of Stanley Gardens Limited, is the corporate seal of Stanley Gardens Limited, the Vendor named in the foregoing instrument and it was affixed by the officers authorized to so affix the seal. 3. That the signature "Ian Swanton" subscribed to the said instrument is the signature of Ian Swanton, the r of the said Stanley Gardens Limited and Ian Swanton as 611-12'5C is duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the / day of November, 2013. SWORN TO before me at the City ) of Saint John, in the County of ) Saint John and Province of New ) Brunswick, this i&% day of ) ➢11 V'C -r , 2013. ) cw �-' Ian S� nt 'M �411LL'�j ) Commissioner of Oaths ) Beer g- a- sJic"r fM Rachel S.)McGuire A Commissioner of Oaths My Commission Expirtis Dec. 31 /.a 23 24 9, � PROPOSED SECTION 39 AMENDMENT RE: 55, 61, 67 and 72 -74 OLD LAKE TRAIL 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, December 9, 2013 at 6:30 p.m., by: Amending the Section 39 conditions imposed on the November 3, 2003 rezoning of the property located at 55, 61, 67 and 72 -74 Old Lake Trail, also identified as PID Nos. 55208920, 55208862, 55208888, 55186597 and 55208789 to permit a revised proposal. REASON FOR CHANGE: To amend or delete the conditions that prohibit the construction of semi - detached dwellings. 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 658 -2862 PROJET DE MODIFICATION DE L'ARTICLE 39 OBJET : 55, 61, 67 et 72 -74, SN OLD LADE Par les presentes, un avis public est donne 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 Bans la salle du eonseil le lundi 9 decembre 2013 a 18 h 30 en apportant les modifications suivantes : Modification des conditions imposees en vertu de ]'article 39, le 3 novembre 2003, relativement au rezonage de la propri6te situee au 55, 61, 67 et 72- 74, sn Old Lake, et portant les NID 55208920, 55208862, 55208888, 55186597, et 55208789 pour permettre la prdsentation dune proposition r6visee. RAISON DE LA MODIFICATION: Modifier ou supprimer les conditions qui interdisent la construction des maisions jumelees. Toute personne interess6e peut examiner la modification propos6e au bureau de is greffiere communale ou au bureau de l'urbanisme et du developpement a l'botel 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 feri6s. Veuillez faire part de vos objections au projet de modification par ecrit a ]'attention du soussign6 a 116tel de ville. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 25 BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 12.00 in. Sales Rep: Doug Thomson PROPOSED SECTION 39 AMENDMENT RE: 5S, 61, 67 and 72.74 OLD LAKE TRAIL Public Notice is hereby given that the Common Council of The Crty of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, December 9, 2013 at 6:30 p.m„ by: Amending the Section 39 conditions imposed on the November 3, 2003 rezoning of the property located at 55, 61, 67 and 72 -74 Old Lake Trail, also identified as PID Nos. 55208920, 55208862, 55208888, 55186597 and " 55208789 to permit an. a revised proposal. REASON FOR CHANGE: To amend or delete the conditions that prohibit the construction of semi- detached dwellings. 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 officd of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DE VARTICLE 39 OBJET: 55, 61, 67 et 72 -74, SN OLD LAKE Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lots de la r6union ordinaire qui se tier dra clans la Salle du conseil le lundi 9 decembre 2013 a 18 h 30 en apportant les modifications suivantes : Modification des conditions impos6es en vertu de ['article 39, le 3 novembre 2003, rel&vement au rezonage de la propriet6 situ6e au S5, 61, 67 et 72 -74, sn Old Lake, et portant les NID 55208920, 55208862, f 55208888, 55186597, et 55208789 pour permettre la presentation atan ay dune proposition r6visee. RAISON DE LA MODIFICATION: Modifier ou supprimer les conditions qui interdisent la construction des maisions jumel6es. Toute personne interess& pent examiner la modification proposee au bureau de la greffiere communale ou au bureau de I'urbanisme et du developpement 6 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 f6ri €s. VeuIlez faire part de vas objections au prujet de modification par ecrit a I'attention du soussigne 6 I'h6tel de ville. Si vows avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez contacterle bureau du greffier communal. Jonathan Taylor, Greffier communal Ad Number: Al 071 99 Ad ID: 6910808 Current Date: Nov 01 2013 04 :20PM Start Date: 11/12/2013 End Date: 11/12/2013 Color: B/W Client Approval OK ❑ 26 Corrections ❑ (aussi disponible en frangais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar / Compatible Use ❑ Zoning By -law Amendment ❑ Variance ❑ 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 '; bt, JS 1 S "1� ,i ;� v Mailing Address of Applicant (with Postal Code) Home Telephone Number r,1 / - _S_95_q Work Telephone Number Fax Number �o .w f 6 C� E -mail 44 ki"_K r, r e P_ -i c v� �j Name of Property Owner (if different from applicant) Mailing Address (with Postal Code) c j ' / ,!►/ Property Information Location Civic # Street Existing Use of Property t1n e_ D „f T ,t , 7—S Existing Plan Designation of Property PID Proposed Use of Property 11 Proposed Plan Designation of Property. Existing Zoning of Property Proposed Zoning of Property Description of Application Describe what you propose to do (attach additional pages if necessary). �o & R 1-4 1z NOTE: If the applicant is NOT the owner, the Owner's signature or authorize(h required. Signature of Applicant Signature of Owner Date [� f j6 /� Date For Office Use Only Reviewed by Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Site Plan ❑ Fee Date ❑ Tentative Subdivision Plan ❑ Building Elevations ❑ Other �1 i -to submit this application is ❑ Floor Plans ❑ Sign Drawings P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint Jahn. N. -B. Canada E2L 4L1 n. C"ofsw tJohn 27 SAINT JOHN Description of Application The parcels subject to this application are PID # 55208930, 55208862, 55208888, portion of 55186597 and portion of 55208789. The proposal is to amend the section 39 conditions to allow two family semi detached dwellings to be constructed on the existing or proposed lots shown on the attached sketch. It should be noted that if a semi detached dwelling is permitted on existing lots 55208862, 55208888 the two lots will be combined and re- subdivided into two lot parts otherwise they will be developed as originally proposed. The previous approval with respect to the development of this property included a restriction whereby semi detached dwellings would not be allowed. Over the past several years our client has had various requests to provide such a product and recently was asked to enter into a contract on PID 55208920 to construct a semi detached dwelling subject to being able to obtain the required approval. Folkins Estates has included a request to develop a total of five semi detached dwellings in order to satisfy what is anticipated to be the market demand in this area. P.Q. Box 1971 Saint John, NB Canada E21-41-1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada FA 41-1 The City of saln, I.T,n 28 SAINT JOHN Front Elevation Wilk 4 4-kct skarj ANY ENTEIUIXI STEPS W UAM THAN 9 RISERS MDINTER STEPSWRH..R 7 N2RSFRH REGIME TL'HAV CONTINUOUS HANGRALL THROUGH ENnmwws A s RERNliG4A SLT.1. MLINGS 0H TORCHES i OECNG M A WAINNG SURFACE V V CR LEBS F NWE0 ORAOE REQUIRE ROC HIO' SURFACENIGNFRTHNE WR A s2 S6WOELESSHC AS FERN M ANY SURFACE LE50 THAN 1912 HIS FINISHED OFAGE, RAR1np 150PTION Ma ac. 2095 9.8A1.11R1. WINDOW LEGEND ME {RICHES {IAlcxssr Iwo STYLE C CE 0 DOUBURLE HUNG F nXED HS HOMAq SLIER CCT CCTAGON 014 avn 0. 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RtAIdANOIXt i¢mIFVRGANv EASINb5YA4 'LFYAJLMFI[RERCb1iPpYpR, s PS�EIRAIIONi ELFEYES OR OTHERMCpIFI9AlIGI61GANY $13i11C1GRlk HEN @ER OR SIF@ 9NFli BE MP➢E GH, Ee•. @PEdFICW iY HOM/O£R ON THE sIRUGRI RAL ORAWNOB, IXtUxLESENArtTENP@WIPS9MIS aMfYi vEn FRa9 TIIE OMNER At69SEE ATIACHOSY IOG9011b FOUxpAR9N XOIEh, HOME: DESIGNS 119c,WARRdxs R m EISN5 Ph, Ii mhU A"" Folldns duplex Saint John, N9 Elevations 13 -187 �6ct. a, 2G13 GAM 1�Ov = f -IY U m N z \� CfaCkal9 Labe `i (Cruikshank Lake) Folkins Estates Inc. Prcpert} �a =off C,I;% FED 55208920/ / sae Pfcn NQ/ 29254 10 —(-:'2:1 ± /v OC IN Site Plan Folkins Estates Subdivisi Dn, Phase '-, '-)toQe 1, Lit. 10—b2, Cit; of cint Jahn F`!'e.v Bruns,,,,Ick Date Oct. 18. 2013 Prepared Ly HUGHES SURVEYS & CONSULTANTS INC. 6 0 6 12 18 24 1:300 \ metres D, -,o. No. Disk No. 30 � \ LOT 10 62SITEnPLAN 9801 � 31 U W 0 M V M N O [h n p a 00 rn f Planning Advisory Committee November 20, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Section 39 Amendment 55, 61, 67 and 72 -74 Old Lake Trail City of Saint John On October 28, 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 November 19, 2013 meeting. Rick Turner was in attendance on behalf of Paul Folkins, the applicant, and spoke in favour of staff's recommendation. Three residents of the neighbourhood appeared before the Committee to express their concerns with the proposed amendment of the Section 39 conditions. The impact on property value was referenced by the residents as a primary concern relating to the inclusion of the proposed five semi - detached dwellings on Old Lake Trail. The perceived increase of traffic along the residential street and the resulting safety concerns was also mentioned during the discussion. The Committee added that nothing had changed since the initial Section 39 conditions were applied, leaving insufficient reason to amend the conditions now. Rick Turner returned to address the Committee regarding the concerns raised by the residents. Mr. Turner stated that much has changed in the past ten years, including the City's Municipal Plan, which calls for an increased mix of housing types in communities. Mr. Turner also pointed out that the proposed semi- detached developments would occur in an area that was previously approved for a cul -de -sac with three single - family homes. The proposed changes in that area of the development would only be one more unit, which would not result in a drastic increase in traffic. Further, Mr. Turner added that, under the draft Zoning Bylaw, single- family dwellings could have secondary suites in this area. However, semi- detached dwellings would be unable to contain a secondary unit, meaning the resulting density could potentially be higher under current conditions. After considering the report, the attached letters received regarding the application, comments made by the applicants and the concerns raised by the 32 -2- neighbours, the Committee recommended denial of the proposed amendment to the Section 39 conditions. RECOMMENDATION: That Common Council deny the proposed amendment to the Section 39 conditions for the subject site. Respectfully Morgan L Chair X Project No. 13 -243 if��i 33 DATE: TO: FROM: FOR: PREPARED BY: od a l' , , RPP Planner SUBJECT: NOVEMBER 15, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF NOVEMBER 19, 2013 Name of Applicant: Paul Folkins Name of Owner: Folkins Estates REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Location: 55, 61, 67, 72, 74 Old Lake Trail PID: 55208920, 55208862, 55208888, portion of 55186597 and portion of 55208789 Municipal Plan: Stable Residential Zoning: "R -2" One and Two Family Residential Proposal: To amend an existing Section 39 condition on the subject properties in order to allow the applicant to construct five semi- detached dwellings. Type of Application: l r SAINT JOHN ---------- Section 39 Amendment P.0, Box 1971 Saint John, N6 Canada E2L 4341 wwwsaintjohn,ca I C.P. 1971 Saint John, N. -B. Canaria E2L 4L1 Folkins Estates page 2 55, 61, 67, 72, 74 Old Lake Trail November 15, 2013 JURISDICTION OF COMMITTEE: 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, December 9, 2013. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Section 39 conditions imposed on the October, 2003, rezoning of the properties located at 55, 61, 67, 72, 74 Old Lake Trail, also identified as PID Numbers 55208920, 55208862, 55208888, porion of 55186597 and portion of 55208789, by permitting the establishment of semi- detached dwellings, subject to the following condition: a. That the developer mill the entire length and width of the asphalt surface in the affected area, including undisturbed areas in- between cuts in the asphalt, of the street and re -seal the entire limits of this proposed work at the time of installation of additional required services for the proposed dwellings. BACKGROUND: In June 2003 the Planning Advisory Committee favourably considered an overall tentative plan for the Folkins Estates Subdivision. The plan involved three new public streets with approximately 40 serviced residential lots. In October 2003 the Committee considered another application from the developer seeking permission to rezone the subject property from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, The PAC recommended the requested rezoning subject to certain Section 39 conditions, which were imposed by Common Council at the time of rezoning on November 3, 2003. These conditions required the development of the property to be in accordance with the tentatively approved plan of approximately 40 serviced lots, and that the construction of semi- detached buildings be prohibited. 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 Subdivision: 35 Folkins Estates 55, 61, 67, 72, 74 Old Lake Trail Page 3 November 15, 2013 • Municipal servicing is available for this site. • It is understood from the application that this development has a Section 39 condition which does not permit semi- detached dwellings. As such, this development (through phases) was developed for single family homes. The developer, amongst other items, installed a single set of services for each lot. Following the then - applicable Subdivision Cost- sharing, the City provided to the developer a materials rebate provision in the amount of approximately $78,000. This was to offset costs relative to the infrastructure piping for the development phase. • In September 2012, the final work to complete the development was the asphalt surface course. The street/phase was completed and accepted by the City. In the current application, just over a year after completing the City- funded development phase, the developer is requesting a Section 39 amendment to permit semi - detached dwellings, which will very likely require excavations to the new street surface and could affect the new curb and sidewalk, thereby leaving the otherwise structurally sound infrastructure in a repaired state. • Should the developer be approved to proceed with semi- detached units, each proposed lot requires separate water, sanitary and storm services. • Following installation of additional required services for the proposed dwellings, the developer must mill the entire length and width of the asphalt surface in the affected area and re -seal the entire limits of this proposed work. Inspection & Permitting Services has no concerns with the proposal to amend the Section 39 conditions to allow semi - detached dwellings. Each application received, no matter whether semi- detached or detached, will be reviewed for Code compliance. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline has no concerns with this application. Rogers has been advised of this application. Saint John Energy has been advised of this application. Saint John Fire Department has indicated that the developer adhere to the National Building Code and National Fire Code 2010. ANALYSIS: Subject Site and Neighbourhood The subject area is located at the end of Old Lake Trail on the City's East Side. The properties subject to the current application are part of the "Folkins Estates" development, and include properties with PID numbers 55208920, 55208862, 55208888, portion of 55186597 and portion of 55208789. A small stretch of forested land lies between the subject area and the adjacent Bon Accord neighbourhood to the west. Blackall Lake abuts the eastern side of Old Lake Trail. Since the rezoning of the area in 2003, approximately 15 single - family dwellings of the proposed 30 lots of Phase 2 of the Folkins Estates Development have been constructed. 36 Folkins Estates 55, 61, 67, 72, 74 Old Lake Trail Page 4 November 15, 2013 Proposal The applicant is seeking to amend an existing Section 39 condition imposed on the Folkins Estates development, which does not permit the establishment of semi - detached dwellings. The amended condition would allow the applicant to pursue the construction of five semi- detached dwellings on five separate lots at the end of Old Lake Trail, as generally depicted on the attached site plan. If approved, the applicant will commence the process of constructing a semi - detached dwelling on lot 10 -62 with PID number 55208920, as illustrated on the attached site plan. The applicant is proposing to adjust the boundaries of lot 10 -62 to accommodate the regulations of the Zoning Bylaw with regards to the required minimum lot size for a semi - detached dwelling in the "R -2" zone. Analysis The Section 39 condition limiting the proposed dwellings in the Folkins Estates development to single- family dwellings was proposed by the developer at the time of the initial rezoning. At that time the applicant had expressed an interest in developing strictly single - family dwellings and offered to limit the development accordingly, which was carried forward in the staff recommendation as a Section 39 condition and ultimately approved by Council. The market for semi - detached dwellings has increased since the time of the rezoning of the properties to "R -2 ", while the appeal of single - family homes in this area has stabilised. This has caused the applicant to reconsider the possible housing mix for the lots subject to the current proposal. The presence of semi - detached dwelling units in this area of the City poses no issues from a planning perspective. The adjacent Bon Accord neighbourhood is predominantly zoned "R -2" with no conditions restricting the possibility of including semi- detached dwellings. Indeed, the Bon Accord area contains a number of semi - detached dwellings that have had no apparent negative impact on the surrounding area. The subject area is located in the Stable Residential designation on the Future Land Use map of the City's Municipal Plan. This designation contemplates a variety of housing options that complement the character of the existing neighbourhood. Permitting the establishment of semi- detached dwellings in an area that is otherwise characterised by a uniform housing stock would generate a slight diversity in housing options, which is consistent with the intent of the Municipal Plan. Approval for the proposed Section 39 amendment can be supported. CONCLUSION: At the time of the initial rezoning of the area known as " Folkins Estates ", the desire expressed by the developer was to limit the proposed developments to single - family dwellings, which was supported and carried forward by staff. Since the initial rezoning, market conditions surrounding the appeal of semi- detached dwellings has changed, which has resulted in the current application to amend the Section 39 conditions and allow the developer to pursue this opportunity. The proposed amendment has no negative implications on the surrounding community from a planning perspective and can be supported. JK Project No. 13 -243 37 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 1 R -2 r s` s Sn. O ♦q► �0 R- 65 A i 5B RS -2 52 16 8 47 48 ie Raatan Way 44 3 5 40 76 ■ 6 72 OR 39 PID(s)INIP(s): Subject Site /site en question: 55208920, 55208862, 55208888, porion of 55186597 and portion of Location: Old Lake Trail 55208789 Date: November 31, 2013 Scalelechelle: Not to scale /Pas a Mchelle KM §: , G 2` E7' » x - } 1 .� § ; -C §a ® CL co 2 ;z . {)e. ` -a 0 + / /ƒ2 \§ ( do 7J ®y \gig J J } \ \! [ v e . � 0 0 Zv / n � �Ln & 28 � 0 ,1/ . � /9/� �� 9eZg9! Poe�� � 00 � LO LO Ln (-0 � . 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Old Lake Trail Mr Cliffer: My name is Seamus Hanley and I live at 56 Old lake Trail. We spoke on the phone on Friday Nov. S about Paul Folkin's application to change the section 39 zoning amendment to allow him to build 5 semi - detached dwellings on Old Lake Trail. Currently there are only single family houses along the entire street. My wife and I decided to purchased our building lot from Mr. Folkins about 2 1/2 years ago, When we talked to Paul he assured us that all the houses built on this street, including ours, would have to be approved by him and that they would have to meet the zoning and covenant requirements, one of which was the stipulation that only single family homes were permitted to be constructed. After about a year of looking around Saint John, Rothesay and Quispamsis, we finally decided to purchase our lot from Mr. Folkins because we really liked the lake, the quality of houses that were already built on the street and the zoning and covenants that were in place to protect our investment. We knew we were going to be spending over 300 thousand dollars on the house and lot so were very careful to choose a neighborhood where the house would actually be worth what we paid to build it. Most people in this neighborhood paid a considerable amount of money for their property, The building lot beside me is for sale and the last time 1 checked with Mr. Folkins he was asking $60,000. Paul was able to sell these lots at a premium because people like myself knew when they built here that covenants and zoning stipulations were in place. If Mr. Folkins wanted to have the option to build semi- detached and fully detached dwellings, he should have left the zoning at regular R2 and not put in the stipulation for no semi- detached that allowed him to sell these lots at a higher price than if the zoning were left as a standard R2 zoning. Changing the zoning to place 5 duplexes at the end of the street (all are very close to my property) now that the neighborhood is 2/3 completed is not fair to the residents who have already purchased here. We are only asking to keep what the developer sold to us when we bought our properties. 1 42 Thank you for taking the time to read this letter. Sincerely, Seamus Hanley 696 -0286 243 J Lockhart, Lynda From: External - Planning Sent: November -18 -13 8 :10 AM To: Lockhart, Lynda Cc: Uffer, Jody; Reade, Mark Subject: FW: Old lake trail rezoning development - - - -- Original Message---- - From: Ryan [mailto :rmitchyll @gmail.com] Sent: November -15 -13 6:53 PM To: External - Planning Subject: Old lake trail rezoning development I oppose to the rezoning of folkins estates development as it's unfair to residents surrounding the lots. It will bring our property value down and our taxes will most likely go up. As is we have the highest tax assessed houses in east Saint John with lot sizes comparable. Project no 13 -243 Roatan way resident Sent from my iPhone 144 Y Lockhart, Lynda From: External - Planning Sent: November -18 -13 8:10 AM To: Lockhart, Lynda Cc: Uffer, Jody; Reade, Mark Subject: FW: rezoning on Old Lake Trail From: Sylvie et Serge Basque [mailto:comtesse @n_bnet.nb.ca] Sent: November -17 -13 5:21 PM To: External - Planning Subject: rezoning on Old Lake Trail To whom it may concern, We are writing to you at the planning advisory committee to express our concerns about the changes to the zoning on Old Lake Trail My husband and I are proud owners of a proprety on Old Lake Trail. When we decided to move there in 2008, it was because of the neighbourhood (quiet cul -de -sac, large lots and single family home, especially). When we heard about the rezoning options, we were astonished because we did not heard anything from the city as of November 17th 2013. We heard it through our neighbours who were kind enough to let us know about it. From our point of view, we do not agree with the changes requested by Mr. Paul Folkins. It would mean more people on smaller parts of land and would not benefit anyone but the city (taxes in) and the builder (selling more properties). We believe that the zoning should be kept as is (single family home only) on large lot. It would allow the neighbourhood to stay the same. The city would still get its share of property taxes (evaluation is going up every year) and owners like us would not be invaded by too many people on small parcel of land. We do hope that you don't change the zoning for the benefit of all current owners on Old Lake Trail. Sincerely, Serge et Sylvie Basque comtesse @nbnet.nb.ca 145 Lockhart, Lynda From: External - Punning Sent: November -18 -13 8 :11 AM To: Lockhart, Lynda Cc: Kliffer, Jody, Reade, Mark Subject: FW: Old Lake Trail Application From: Seamus Hanley [mailto:seamusohanley @gmail.com] Sent: November -17 -13 5:36 PM To: External - Planning Subject: Old Lake Trail Application PAC committee members, I'm writing to express my objection to the proposed section 39 amendment on Old Lake Trail. The developer is seeking to amend the section 39 condition in order to facilitate the construction of 5 semi- detached dwellings at the end of Old Lake Trail. When my wife and 1 purchased this lot, just over 2 years ago, we were assured by the developer that their would only be single family houses in the neighborhood and that the zoning conditions were in place to make sure no semi - detached houses could be built. Because of this stipulation, the lots were more expensive but we could be sure that our investment would be protected. 2 weeks ago Mr. Folkins approached me and said that he was seeking permission to build three ( NOT FIVE) garden homes nearby. I don't believe it is fair or ethical for the developer to change the zoning conditions of the neighborhood after he has already sold many of the lots with this higher zoning standard in place. If Mr. Folkins wanted to keep his options open and have the flexibility to build both semi - detached and fully detached dwellings, then he should have made this clear at the beginning of the development an not have put in place the section 39 condition stating that only fully detached units could be built. If I knew Mr. Folkins intended to develop the surrounding lots in the manner which he is proposing I would never have purchased a building lot from him and would have built my house in a different area. For the above reasons I am requesting that the PAC recommend against the application. Thanks for taking the time to read this letter, Sincerely, Seamus Hanley 56 Old Lake Trail, 146 Lockhart, Lynda From: External - Planning Sent: November -18 -13 8 :11 AM To: Lockhart, Lynda Cc: Reade, Mark; Kliffer, Jody y D Subject: EW: Proposed Section 39 Amendment Old Lake Trail g From: Trudy Hanley [mailto:hanley00016i1gmail.comj Sent: November -17 -13 7:37 PM To: External - Planning Subject: Proposed Section 39 Amendment Old Lake Trail Members of the Planning Advisory Committee; 0 I would like to take this time to inform you of some issues with respect to the upcoming meeting regarding "Proposed Section 39 Amendment Old Lake Trail ". Mr. Paul Folkins has requested an ammendment to the zoning of this Subdivision. Myself and some of my neighbours are aware that it was recommended by the city, that Mr. Folkins discuss this matter with the current residence. Mr. Folkins did infact speak to some of us. Some of the residence where told that his intention was to only build one semi- detached unit, while others were told 3 units in all. Mr. Folkins also said to my husband that he would not go through with the semi- detached if the neighbours did not want them. Image our surprise to find that there was an upcoming PAC meeting regarding this matter and that Mr. Folkins was now requesting 5 semi - detached units. I am against this proposed ammendment. I do not think it is in the best interest of this neighbourhood, or the current residence, for Mr. Folkins to change this subdivision restriction, which he had put in place. This ammendment change would inherently devalue the current properties. Most of the residence at this end of the street, where the ammendment change will have a greater affect, purchased a lot here and paid more for it, than what other properties are selling for because of this section 39 restriction. We are only asking that the neighborhood remain as it is, in terms of the type of homes that can be built here. Mr. Folkins may also try to tell you that the properties "ARE JUST NOT SELLING ", and that is why he wants to make this change. My husband and I have been living here for 2.5 years, and in that time there has never been a for sale sign on any of the available properties, nor any kind of sign to give people a contact number or to let them know that the lots are even for sale, should they be interested in purchasing. Through late spring, summer and early fall, we notice dozens of cars corning through here, of people looking at the lots on the weekends. There has not and currently does not seem to be any effort on Mr. Folkins part to actively try and sell these lots as single family as the the current zoning regirement stands. The other fact is that for over the past 3 years, this end of the development has not looked like other developments where propoerties have been cleared and left presentable as current building lots. This, as well, could have been a deterent. Mr. Folkins did not appear to make any ongoing effort to have the neighbourhood look appealing to potential home builders. I realize the last couple of paragraphs may seem slightly off topic, but I want to give you an overall view of the ongoing situation. I feel Mr. Folkins may try to persuade the PAC that this change is for the best because the 147 lots have not been selling. However, as I mentioned previously it appears no effort was actullay made to sell the lots or present them in an appealing way. I want to mention again that I am opposed to this change. Thank you for your time with this matter. Regards, Trudy Hanley 56 Old Lake Trail (Lot #54, Phase 3) Tibbits, Kelly From: Taylor, Jonathan on behalf of External CommonClerk Sent: December -11 -13 3:44 PM To: Tibbits, Kelly Subject: FW: Reminder: Proposed Section 39 Amendment Old Lake Trail From: Danny Jardine [mailto:dannyj @nbnet.nb.ca] Sent: December -08 -13 8:19 PM To: 'Danny Jardine'; Norton, Mel; Rinehart, Shelley; Fullerton, Susan; Farren, Bill; Norton, Greg; McAlary, Shirley; MacKenzie, John; Lowe, Gerry; Reardon, Donna; Merrithew, David; Strowbridge, Ray Cc: External - Legal; External - CommonClerk Subject: RE: Reminder: Proposed Section 39 Amendment Old Lake Trail Hello again Mayor and Councillors, I received this email tonight from a Councillor and it bothers me a bit: "Thank you for your email and for expressing your thoughts to me. I just wanted to let you know that the developer is now asking for 2 Garden Homes only. He did originally ask for 5 but he has changed it to only 2. That would be the only 2 if approved and the rest of the subdivision would remain the same. I believe there is a garden home already on Ganong Road to give you some idea of what they would look like." I do not believe a developer can just change the plan on the spot like this. the public notice, the PAC meeting and the agenda for the Council meeting tomorrow all talk to 5 properties, not two. For the developer to be telling this to Councillors and changing his story on the spot is not fair to the process. If, in fact the developer only wishes to have two lots re -zoned then he should go back to PAC and ask for this instead and this item should be pulled from tomorrow's agenda. Thanks, Danny From: Danny Jardine [mailto:dann ' nbnet.nb.ca Sent: November -15 -13 3:13 PM To: 'Norton, Mel'; 'shelley.rinehart@saintjohn.ca; 'susan.fullerton @saintjohn.ca; Bill Farren (bill.farren@saintjohn.ca); 'greg.norton @saintjohn.ca'; 'shirley.mcalary@saingohn.ca'; 'john.mackenzie @saintjohn.ca; 'gerry.lowe @saintjohn.ca'; 'donna.reardon @saintjohn.ca'; 'Merrithew, David'; ' Strowbridge, Ray'; 'planning @saintjohn.ca'; 'jody.klifFer @saintjohn.ca' Subject: Re: Proposed Section 39 Amendment Old Lake Trail To whom it may concern, My name is Danny Jardine and i and my partner, Jason Burns, have lived at 48 Old Lake Trail for the past 4+ years. We are writing this letter to oppose the recent application from Paul Folkins to amend the Section 39 conditions within the final phase of this development. We apologize up -front for the shortness of this letter, but we both work full -time and volunteer throughout the City, and it is always hard to find time to continually fight the ongoing issues in our neighborhood. Over our four years here, it seems that we have received letters every six months requesting variances, zoning changes, sub - division plans, etc. and this is in addition to the regular calls to the City to try and force this 1 49 developer to simply take care of his existing site. In the end, we have spent considerable time and energy as citizens, protecting our investment in this area. We are not anti - development and would welcome the developer to finish this sub - division with single family homes as soon as possible, as was the original plan. There are Section 39 conditions already attached to this development to ensure that it remains what it was once promised to be. Past citizens did not want to have semi - detached homes being built in an area that was all single- family homes. We have all bought into a neighborhood that we were told would be single - family homes. The developer has also not given reason for wanting this change to semi - detached homes, other than telling the neighbors that his "cousin wishes to have a semi - detached home built." We do not feel that "building a house for a cousin" is just reason to lift the Section 39 conditions within this area. This type of spot zoning is not congruent with new development plans being touted in the City, nor would there be any real financial advantage for the City, compared to building single- family homes in the area (due to the increased lot sizes required for these homes). Over our years here, many people have expressed interest in buying lots and building single family homes, but the developer was never available or open to this for whatever personal reason. In summary, we welcome single - family home development, but we do not welcome amending Section 39 conditions that were in place to protect the citizens' investments in the first place. In fact, we would question why we have Section 39 conditions if they are allowed to be continually challenged and changed by the developer. This does not seem to be a citizen - centric model, not to mention that the developer often gets to speak last at PAC and Council Meetings, thus further favoring the developer over the citizen. We hope this letter is given proper reading and I, Danny Jardine, apologize for not being able to attend the PAC due to a previous United Way commitment and will also most likely be in Halifax finishing a course during the regular Council meeting. Sincerely, Danny Jardine and Jason Burns 48 Old Lake Trail Saint John, N.B. E2.1 5E1 506 -693 -1145 As an update, PAC has declined this amendment. Danny Jardine - dannyi @nbnet.nb.ca M.Sc. (U.N.B), B.Sc. in Biochemistry (Mount Allison) 48 Old Lake Trail, Saint John, N.B., E2.1 5E1 Home # 506 -693 -1145, Cell # 506 - 647 -2629 "An individual has not started living until he can rise above the narrow confines of his individualistic concerns to the broader concerns of all humanity" — Martin Luther King Jr. "Each time an individual stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, they send forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and injustice" - Robert F. Kennedy 2 50 q, L 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 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Nos. 00455006 and 55156244, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business - all as shown on the plan attached hereto and forming part of this by -law, ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars d'une reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit : L'arret6 sur le zonage de The City of Saint John, decret6 le dix -neuf (19) d6cembre 2005, est modifie par: 1 La modification de l'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 4 100 metres carres, situ6c au 4105, chemin Loch Lomond, et portant les NID 00455006 et 55156244, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales << RS -1 » a zone commerciale g6n6rale « B -2 >> - toutes les modifications sont indiqu6es sur le plan ci -joint et font partic du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John 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: MayorlMaire a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common C1erk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6 e lecture 51 Ilk L Advertiser Name: Saint ,John Common Clerk Advertiser Code: S71206 Size: 4.00 x 11.00 in. Sales Rep: Doug Thomson PROPOSED ZONING BY -LAW AMENDMENT RE: 4105 LOCH LOMOND ROAD Public Notice fs hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, December 9, 2013 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 41 00 square metres, located at 4105 Loch Lomond Road, also identified as being RID Nos. 00455006 and 55156244, from "RS -1" One and Two Family Suburban Residential to "B- 2" General Business. REASON FOR CHANGE: To permit a redemption centre for beverage containers. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DE UARRETE SUR LE ZONAGE OBJET: 4105, CHLMIN LOCH LOMOND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification sufvante a I'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra clans la Salle du consed le fundi 9 dicembre 20113 a 118h30: Rezonage d'une parcelle de terrain d'une superficie d'environ 4 100 metres carres, situee au 4105, chemin Loch Lomond, et portant les NID 00455006 et 55156244, de zone risidentielle de banlieue — habitations unifamiliales et bifamiliales .< RS -1 - a zone commerciale 96n4krale n B -2 >,. RAISON DE LA MODIFICATION: Permettre un centre de remboursement pour les recipients A boisson. Toute personne interestee pent examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du developpement communautaire a I'h6tel de ville situe au 15, Market Square, A Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours feries. Veuillez faire part de vos objections au projet de modification par ecrit a ('attention du soussigne a I'h6tel de ville. Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Ad Number: A105407 Ad ID: 6908886 Current Date. Oct 15 2013 10:53AM Start Date: 11/12/2013 End Date: 11/12/2013 Color: B/W Client Approval OK ❑ 52 Corrections ❑ (aussi disponible en fran Pais) f ", Type of Application a El Municipal Plan Amendment El Subdivisi OCT 0 7 2013 R Zoning By -law Amendment El Variance ❑ Amendment to Section 39 Conditions ❑ Conditional ❑ Zoning Confirmation Letter ❑ Letter for Liqu in Contact Information A Name of Applicant 64q a99 1N0 �. Mailing Address of Applicant (with Postal Code) Similar / Compatible Use Temporary Use Change / Re- establishment of Non - Conforming Use % I 0 j L V G 0 4-4 c; aJ,' i c -� - Home Telephone Number '' ®6 ` �� - Work Telephone Number 16 Y Fax Number !� a � ...- �-� 3 — % d �' L` E -mail , f a ivy e-s �-- 0 M n fei '� �: � C ", Name of Property Owner (if different from applicant) �-Lja-vl , To,-,' M lck 41 ,-.1 Cr rh -e S Mailing Address (with Postal Code) C tr f u %S jj d"-.m S. �S !"la E 2 14- l Property Information Location 4 t G k I? e,, 44 �� 1 � �2z-�4 Civic ## Street PID / cehrr Existing Use of Property 614%­!; S l' � c 6�r� Cfe,re'-e- )Proposed Use of Property �C 1 cl S ko e d- h"9 Existing Plan Designation of Property �inl�7ti/ bAtq Proposed Plan Designation of Property Pe de "C Existing Zoning of Property 125­1 Proposed Zoning of Property 0--2- Description of Application Describe what you propose to do (attach additional pages if necessary ). JJ C'Gt ,2 r Ai e- �x F s ', W6 7d�r J R NOTE: If the applicant is NOT the owner, the OwnerTsignatu authori zation (in writin to submit th' application is required. Signature of Applicant }' nature of Owner Date of �' �/ ' / 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 � lr P.O. Box 1971 Saint John, NB Canada E2L4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L4L1 SAINT JOHN Tim Cly oFswne phn 53 Lc GOLDEN GROVE ROAD 54 Rd SITE PLAN 55 4105 Loch Lomond Rd. CopyrigN 2011 The City of Saint John. AD rights reserved. Tve Sep 17 2013 04:06:38 PM. 56 227,4FT NOTES STORE PUMPS(3pumps, Snozzles) GAS TANK (UNDERGROUND. 60,ODOlitre, Double fiberglass wall) BARN 57 GAS EVAPORATION PIPE(4.5'diameter, l5' length steel pipes) ® MONITERING WELLS PROPANE TANK FOR DINER [8� WELL CAP ® CANOPY(29' * 42.5') �LoprZ PLAri s 227.4FT 1' 105' 100.11 V• 5' Q i �m 71' >I F I -S. �, 20' 22.3' J 25' 50.4' 49.8' 11..6_' 17.1' N 68' 11�J<� ® 3 26.$' ................ r + f i i ♦rrr {' rrr,�ri ♦' N � oo 4o oo oo ♦ ♦ 41 ................ 280FT Loch Lomond Rd NOTES STORE Q PUMPS(3pumps, 8nozzles) ® GAS TANK (UNDER GROUND. 60,0001itre, Double fiber glass wall) Q BARN : .3FT Q GAS EVAPORATION PI PE(4.5'd !a meter, 15' length steel pipes) a MONITERING WELLS PROPANE TANK FOR DINER WELL CAP a CANOPY(29' * 42.5') F L C o rti P '1..,� JJ 2-- Lech Lomond Rd NOTES STORE PUMPS(3pumps, 8nozzles) GAS TANK (UNDER GROUND. 60,00011tre, Double fiber glass wail) BARN 59 3FT GAS EVAPORATION PIPE(4.5'diameter, 15' length steel pipes) ® MONiTERING WELLS Q7 PROPANE TANK FOR DINER. ® WELL CAP Q CANOPY(29' * 42.5') 227.4FT Z' 105 < 100.1' -- — — — — — — — — — — — — — — — � o. 5F ® � ► m 1 71' I 22.3' �j8 { t1► ► 15 20' --6' ►1 1► 25' 50.4' { t 49.8' 03 7 { { ► 17.1' � t t ►► 1 10 31.7'5 g' { t ► ► « { t I ............... N 1 { { 1 ► t t 1 Y � 9 ► { { 1 ► • En { { ► 1 .............. 28OFT Lech Lomond Rd NOTES STORE PUMPS(3pumps, 8nozzles) GAS TANK (UNDER GROUND. 60,00011tre, Double fiber glass wail) BARN 59 3FT GAS EVAPORATION PIPE(4.5'diameter, 15' length steel pipes) ® MONiTERING WELLS Q7 PROPANE TANK FOR DINER. ® WELL CAP Q CANOPY(29' * 42.5') Sign Drawing 22.3' Sign: Size 2 *12 ft white acrylic pannel with metal frame. Blue letters on it. •1 m ri m Building Elevations • Grade level : Existing ground level • Exterior wall cladding and finishes: wood shingle, proposed new painting • Roof shape, slope and finish : Metal sheathing roof, 45% slope • Window and door location: Currently 8 *12ft wood swing front door entrance. 4 *4 ft wood swing door at 2nd story. Should modified as Plan 1 - -8 *8 ft wood swing front door entrance, 4 *4 ft wood swing door at 2nd story. 1 *1.5ft window back Plan 2 —8 *8 ft wood swing front door 4 *8 ft wood swing side door 4 *4 ft wood swing door at 2nd story. 1 *1.5ft window back Tentative Subdivision Plan • Nothing special plan around proposed area 61 62 Description of Structure: 1. The existing building (main business section) consists of 5,520 sq ft wood frame structure. The 3,510 sq ft grocery store has been a longstanding operation. This section is one level, footing course with a modified flat roof. The attached 2 storey structure contains a 2 storey apt. Apt this section has a full concrete foundation with 45 degree sloped asphalt single roof. 2. Also contained on the existing lot is 3 pumps gas and 60,000 liters underground gas holding tanks that was built to code on Nov 2011. 3. The barn at the rear will house the redemption centre depot. This structure 720 sq ft and could be modified as business requires to increase sq footage. The structure is wood frame with a metal sheathing roof and wood floor. There is a 96 sq ft front entrance swing door for access. A 2 "d door could be placed on either side for additional access. The structure sits on wooden base, but could early be modified. The barn is electrically wired for small lighting requirements. 63 Tank sketch Ell BNewl7�Nouveau r'unsWkk C A N A B A September 30, 2013 File: 6905_ -1 Mr. James Kim Airport General Store 4105 Loch Lomond road Saint John NB E2N 105 Dear Mr. Kim: As a result of recent conversations and a site visit to the Airport General Store, please be advised that the Department of Environment and Local Government looks forward to working with you through the process of establishing a licenced Redemption Centre at 4105 Loch Lomond Road in Saint John. It is suggested that your application be made to the local zoning authority in an effort to establish that the proposed location meets the zoning required. Once you have received confirmation from the Regional Services Commission that the property in question is zoned appropriately, please ensure that you send me a copy of their report to support your request for a licence. In closing, thank you for your interest in becoming a redemption centre licensee. if 1 can be of further assistance, please do not hesitate to contact me by calling (506) 453 -7945 or by email at Frank. LeBlanc b.ca. Sincerely, Frank LeBlaz Beverage Co:_ ms am www.gnb.ca Planning Advisory Committee November 20, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Rezoning - 4105 Loch Lomond Road City of Saint john On October 28, 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 November 19, 2013 meeting. Mr. Don LeBlanc, the applicant's interpreter, and Mr. James Kim, the applicant, appeared before the Committee and were in agreement with the staff recommendation. Mr. LeBlanc noted that the corporate name is actually 649459 NB Limited and that the applicant is in the process of purchasing a licence for an existing redemption centre outside of the City. No other persons appeared before the Committee and one letter was received regarding the proposal, a copy of which is attached. Following consideration of the report and applicant appearance, the Committee adopted the staff recommendation. The Committee also granted a variance to reduce the required rear yard setback from 7.5 metres to 3.4 metres on the condition that a fence or row of trees be planted along the rear property line of the site and that this work be completed within one year of approval of the change of use 1 building permit for the proposed redemption centre. RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Nos. 00455006 and 55156244, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of the parcel of land with an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Nos. 00455006 and 55156244, for a .. -2- mix of commercial and residential uses be subject to the following conditions: (a) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding and fascia signs, exterior lighting, landscaped areas, refuse / solid waste containers and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. (b) All parking areas, loading areas, manoeuvring areas and driveways must be paved with asphalt and enclosed with cast -in -place concrete curbs where necessary to protect the landscaped areas, to facilitate proper drainage and define the driveway entrances to the site from Loch Lomond Road. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. (d) Installation of concrete curb and sidewalk along the frontage of the development be completed as shown on the previously approved site plan for site prepared in 1988 and in accordance with the conditions imposed on the 1988 variance and that this work be completed by the applicant 1 property owner within one year of approval of the change of use 1 building permit for the proposed redemption centre. (e) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way- to the edge of the street curb /sidewalk. (f) Exterior lighting must direct light down onto the parking area and not toward adjacent properties. (g) Mobile signage is prohibited on the site. (h) Any area of the site that is exterior to a building that is to be used for the storage of garbage, including areas for the location of commercial waste bins shall be fully screened by a surrounding fence at least 1.8 metres in height designed so as to be opaque and any such garbage storage area shall not be located in any required yard, nor shall any garbage be stored in any garbage storage area so as to exceed the height of the surrounding fence. 67 -3- (i) All site improvements shown on the approved site and drainage plans must be completed within one year of the approval of the change of use / building permit for the proposed redemption centre. r . Respectfully r an L Chair ,4 MR Project No. 13 -233 •: The City of Saint John DATE: NOVEMBER 15, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF NOVEMBER 19, 2013 PREPARED BY: REVIEWED BY: 'r Mark Reade, P. Eng., MCIP, RPP { 3acq eline Hamilton, MCIP, RPP Senior Planner Co issioner SUBJECT: Name of Applicant: 649549 NB Limited Name of Owner: 649549 NB Limited Location: 4105 Loch Lomond Road PID: 55156244 and 00455006 Municipal Plan: Rural Settlement Zoning: Existing: "RS -1" One and Two Family Suburban Residential Proposed: "B -2" General Business Proposal: To permit a redemption centre for beverage containers Type of Application: Rezoning and variance to reduce the rear yard of a main building from 7.5 metres to approximately 3.4 metres. SAINT JOHN �ti. P.O. Box 1971 Saint John, NB Canada ER 1 www.saingohn.ca I C.P. 1971 Saint john, N.-B. Canada E2L 4L1 649549 NB Limited Page 2 4105 Loch Lomond Road November 15, 2013 JURISDICTION OF COMMITTEE; The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 9, 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 rezone a parcel of land with an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Nos. 00455006 and 55156244, from "RS -I" One and Two Family Suburban Residential to "B -2" General Business. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of the parcel of land with an area of approximately 4100 square metres, located at 4105 Loch Lomond Road, also identified as being PID Nos. 00455006 and 55156244, for a mix of commercial and residential uses be subject to the following conditions: a) The site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, freestanding and fascia signs, exterior lighting, landscaped areas, refuse / solid waste containers and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. (b) All parking areas, loading areas, manoeuvring areas and driveways must be paved with asphalt and enclosed with cast -in -place concrete curbs where necessary to protect the landscaped areas, to facilitate proper drainage and define the driveway entrances to the site from Loch Lomond Road. (c) Adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. (d) Installation of concrete curb and sidewalk along the frontage of the development be completed as shown on the previously approved site plan for site prepared in 1988 and in accordance with the conditions imposed on the 1988 variance and that this work be completed by the applicant / property owner within one year of approval of the change of use / building permit for the proposed redemption centre. 70 649549 NB Limited 4105 Loch Lomond Road Page 3 November 15, 2013 (e) All developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk. (f) Exterior lighting must direct light down onto the parking area and not toward adjacent properties. (g) Mobile signage is prohibited on the site. (h) Any area of the site that is exterior to a building that is to be used for the storage of garbage, including areas for the location of commercial waste bins shall be fully screened by a surrounding fence at least 1.8 metres in height designed so as to be opaque and any such garbage storage area shall not be located in any required yard, nor shall any garbage be stored in any garbage storage area so as to exceed the height of the surrounding fence. (i) All site improvements shown on the approved site and drainage plans must be completed within one year of the approval of the change of use / building permit for the proposed redemption centre. 3. That the Planning Advisory Committee grant a variance to reduce the required rear yard setback from 7.5 metres to 3.4 metres on the condition that a fence or row of trees be planted along the rear property line of the site and that this work be completed within one year of approval of the change of use / building permit for the proposed redemption centre BACKGROUND: The subject site contains a long standing commercial and residential use consisting of a convenience store, apartment and gasoline sales. The property owner has applied to rezone the site to permit the establishment of a redemption centre for beverage containers on the site. Past applications at the site are detailed as follows. On June 21, 1984 the Planning Advisory Committee recommended to Common Council that a Municipal Plan Amendment and Rezoning application to redesignate the property from Rural to Light Industrial on Schedule 2A of the (former) Municipal Plan and to rezone the property from "RS -1" One and Two Family Suburban Residential to "I -1" Light Industrial be denied. Staff had recommended the Municipal Plan Amendment and Rezoning be approved with Section 39 conditions to: • restrict the use of the property to a small engine repair and sales business, retail store, and gasoline bar; and require prior to the issuance of any permits the submission of a site plan for the approval of the Deputy Commissioner of Planning, which would illustrate improvements to driveways, parking and landscaping, with all improvements to be completed by June 30, 1985. At their meeting of July 16, 1984 Common Council denied the application. 71 649549 NB Limited 4105 Loch Lomond Road Page 4 November 15, 2013 On August 26, 1986 the Planning Advisory Committee granted variances with respect to signage to permit: • a 72 sq.ft. freestanding sign for Ultramar; • on the same pole as the Ultramar sign, a 48 sq.ft. sign to identify the names of the businesses located on this property; • one 4 sq.ft. facia sign for each tenant; and • the existing "Airport General Store" facia sign to remain; on the condition that all other signs on the property be removed before April 30, 1987. On July 5, 1988 the Planning Advisory Committee granted variances to: locate the gas bar canopy 1 metre (3 feet) from the front property line when 9 m (30 feet) is required; and locate the gas bar island 4 metres (13 feet) from the front property line when 9 rn (30 feet) is required; on the condition that: (i) site development be undertaken as illustrated on the revised plan which included new asphalt paving, concrete curbs, new street curb and sidewalk and landscaping as approved by the Development Officer; (ii) that all signs not approved by the Committee on April 26, 1986 be removed prior to the permit being issued; and (iii) that the old bus present on the site be removed. INPUT FROM OTHER SOURCES: Infrastructure Development Service has the following comments on the proposed rezoning: • No municipal servicing is available • All parking must be provided for on -site • A defined entrance /exit by the applicant would be beneficial as the current layout features two large undefined access areas to the gas station. • Option 1 — driveway entrance /exit is supported as Option 2 may have sight distance issues. Inspection & Permitting Services has provided the following comments: • The existing land uses have existed on the site for a very long time. • Adding a redemption centre would require some building upgrades and a permit. The best access method is likely Option 1. Maritimes & Northeast Pipeline, and Brunswick Pipeline advise the area is clear of their facilities. Saint John Enemy has been notified of the application. Saint John Fire Department has reviewed the proposal as it relates to the above - mentioned application. There is no objection to this Rezoning Application provided that the following conditions are adhered to but not limited to; Appropriate building permits are required for the proposed work and that the renovations are carried out in accordance with the National Building and Fire Codes including but not limited to: 72 649549 NB Limited 4105 Loch Lomond Road Page 5 November 15, 2013 Fire separation within the building units satisfies the requirements of Fire Walls and Party Walls as addressed in Section 9. 10.11 of the National Building Code of Canada 2010. • AC/DC Smoke alarms hard wired must be provided in each building unit. + Fire extinguishers not less than 2A1 OBC must be provided within each unit. + Construction plans are submitted to the Department of Public Safety Technical Inspection Division for approval. • Any common corridor must be equipped with emergency lights to light the path of exit. The Retail Store as well as the Redemption Centre must install Emergency Lighting, showing the path of each exit. • Emergency exit signs must be installed showing each exit. • Fire rated doors must be installed between occupancies, not less than 45 min rating. This door must close and latch after each use. ANALYSIS: Subject Site and Proposed Development The subject site is located on the north side of Loch Lomond Road in the Treadwell Lake Rural Settlement Area. The applicant is requesting the property be rezoned to "B -2" General Business to permit the establishment of a redemption centre for beverage containers that would be located in an existing building to the rear portion of the property. The subject property is approximately 4100 square metres in size with a depth of 52 metres and approximately 95 metres of frontage on Loch Lomond Road. The main building on the site currently contains a convenience store and dwelling unit with gasoline pumps and associated canopy located in front of the building. The retail use, gasoline sales and dwelling unit are permitted uses in the existing "RS -1" One and Two Family Suburban Residential zone. Surrounding Area The surrounding area contains a mix of residential and non - residential development. The existing single family dwelling to the east of the site, surrounding residential area to the north of the site along Lakeside Drive and large undeveloped site to the west of the site are zoned "RS -1" One and Two Family Suburban Residential. The Loch Lomond School, located 430 metres to the west of the site is zoned "IL- I" Neighbourhood Institutional with an Irving convenience store located 260 metres to the east zoned "B -2" General Business. The Saint John Airport is located on the opposite side of Loch Lomond Road from the subject site and is zoned "RF" Rural. Municipal Plan Direction The property is located in an area designated as Rural Settlement ( Treadwell Lake) in the Municipal Plan. Rural Settlement areas are historic rural communities which contain elements of a complete community such as commercial uses along with schools and other institutional uses. Within these areas the Municipal Plan envisions future development occurring in a manner that is consistent with the character and form of the existing community and including non - residential uses such as appropriate commercial uses and community facilities. The existing commercial use at the site is a long- standing land use which is of a scale that meets the commercial needs of the surrounding area. The proposed redemption centre use can also be considered 649549 NB Limited Page 6 4105 Loch Lomond Road November 15, 2013 an appropriate commercial use. Given this, Staff are of the opinion that the existing and proposed uses conform with the intent of the Municipal Plan. Zoning and Site Design Considerations Land Use and Site Design The "B -2" General Business zone permits a range of commercial uses including retail stores, personal service shops and restaurants that align with the intent of the Municipal Plan with respect to commercial uses in Rural Settlement areas. A redemption centre is also a permitted use in the "B -2" General Business zone subject to the conditions that the redemption centre: (i) be registered as a redemption centre pursuant to the Beverage Containers Act and comply with all regulations thereunder; and (ii) be wholly contained within a building and not have any outdoor storage associated with the use. These conditions cannot be varied by the Committee. The applicant has provided two options for developing the site which are attached. Option 1 would have the access and circulation area for the proposed redemption centre developed to the west of the existing building on the site. Staff note this area is cleared, mostly paved and currently functions as a site circulation and parking area. Option 2 would see the access developed to the east of the existing convenience store and involve paving an additional area of the site that is currently landscaped with grass. Staff recommend that development of the site, in accordance with the site design presented in Option 1, be implemented through a Section 39 condition. The preliminary design presented in Option 1 would concentrate traffic at the western driveway to the site which appears to have better sight lines and utilize the existing developed area to the west of the existing building. Development of the site circulation plan shown in Option 2 would increase the impermeable area of the site which in turn would increase the volume of stormwater runoff and potentially increase impacts on the existing residential property located immediately east of the site through increased traffic on the east side of the existing store. As a condition of the 1988 variance application for the pump island and canopy, the Committee imposed a condition requiring that site development be undertaken as illustrated on a revised site plan which included new asphalt paving, concrete curbs, new street curb and sidewalk and landscaping as approved by the Development Officer. Based on a review of the site, the only work that has been completed is the paving of the site. The 1988 site plan outlined concrete curb and sidewalk on the Loch Lomond Street right -of -way along the property frontage that would tie in with the existing asphalt curb and sidewalk along the north side of Loch Lomond Road that ends immediately west of the site. Also shown on the 1988 site plan was on -site curbing to better define the two driveway entrances to the site, providing positive guidance to motorists accessing the site. It is recommended that completion of this work be attached as a Section 39 condition to the rezoning. The existing building houses a retail store with a floor area of 326 square metres and an apartment. These uses have a parking space requirement of 11 spaces. The proposed redemption centre will have a requirement for an additional 5 parking spaces. There is sufficient area on site to allow for the required spaces to be provided, but staff recommend that these spaces be shown on the site plan submitted with 74 649549 NB Limited Page 7 4105 Loch Lomond Road November 15, 2013 the required building 1 change of use permit application and that the required parking and manoeuvring area be paved and the spaces delineated with painted lines. Signage The "B -2" General Business zone permits fascia signage on buildings to a maximum area of 0.7 square metres per metre of lot width and one projecting sign with a maximum area of 4.5 square metres or one freestanding sign with a maximum area of 6 square metres along with mobile signage. The Committee has granted a past variance regarding freestanding signage to permit a 72 square foot (6.7 square metre) freestanding sign identifying the Ultramar and an additional 48 square foot area (4.5 square metres) to identify the names of the businesses located on this property. The existing area of the freestanding sign appears consistent with that approved by the Committee in 1986. Staff note that the proposed signage standards in the Draft Zoning By -law provide a maximum sign area for free standing signage in the Rural General Commercial Zone of 12 square metres (6 square metres /sign face) which is comparable of the total freestanding sign area approved by the Committee in 1988 (11.2 square metres) and past variances for similar uses in the "B -2" General Business zone in the vicinity of the site (12 square metres). Within the "B -2" General Business zone, a total of 60 square metres of facia signage is permitted on the site. Staff estimate the existing signage on the building facade and pump canopy and the additional proposed signage is within this requirement. Staff recommend that as part of the required application for the change of use permit that the applicant provide measurements of the existing signage to confirm that the amount of signage on the site is within that permitted in the `B -2" General Business zone. Required Rear Yard Variance With the establishment of the redemption centre in the building on the rear portion of the lot, it will become a main building as its use is no longer accessory to the retail use. Within the "B -2" General Business zone, main buildings require a rear yard of 7.5 metres. The existing building where the redemption centrc is proposed has a setback of 3.4 metres from the rear property line. Staff can support the variance to reduce the required rear yard setback given that the building is an existing building on the condition that a fence or row of trees be planted along the rear property line of the site and that this work be completed within one year of approval of the change of use / building permit for the proposed redemption centre. CONCLUSION: The applicant is seeking to rezone the property to permit the addition of a redemption centre to the existing commercial uses on the site. Approval of the proposal is recommended, subject to the noted conditions. MR Project No. 13 -233 75 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT RR 75 269 66/ %28 95 86 7 >6 i/ RFC n -M 6. a 30 i S�,M BB 6468 1 �' -• ` � a 2s 36 sa ss j4 26 " 1ti9 B6 t s 1n a I5 60 782 .�• +` +. ..`�; 83 x r SO 38 1 83 '\ °r 16 6 23 i ey 76 ', .. �.. - 12 281 34 93 * * 66 -. r+ 3 16 384p` 417 a. AD h 1 ¢J 31 n8 e r RF 4168 Bit ft Subject Site /site en question: PID(s )INIP {s }: 55156244 00455006 Location: 4105 ch. Loch Lomond Rd. Date: October 11 octobre 2013 Scalelechelle: Not to scale /Pas a 1'6chelle 76 M LL v n N N goo Z 0 O tin 77 a aC C 0 E 0 J .T u O J W W z v w O Ln 3 v � z z o, a N H z a a-j O a 3 u 8 @688 a+ D c 00 a E Q Y M Z LU a a o�y vi a L47 pass 0 z co 3 N! N f0 on v G1 a 0 Q O C3 Q a z D 0 ac OC z CC d � m 0 71 0 O 14 LA M c. .o c 0 E 0 J 4 fl a n CL m a �n c a, in L a qj a E M in u1 z a o O w 0 `n o� 47 Z o z o, N � u a w _ O Q 2 a- 3 u 00000 3 Ln tn L v 0 ia L Y IA Q a Col N 0 L C Q z E 0 3 cr CL 0 m w a w D a a in a l7 m 113-oo0 6 0 z Sign Drawing 22.3' Sign_ Size 2 *12 ft white acrylic panne[ with metal frame. Blue letters on it. 79 m >e � C00H Wft#A r AAMUCAlfOAA VIT6 MOTT. MVLtE i CM ^TWIN LTD ARCHITECTS ■AWT./OHIII. NEW Ep La1y��yICK ,I'm + R 1OIIR rnwEtt NEW GAS BAR & CANOPY ULTRAMAR AIRPORT GEN. STORE L N.B. AN PIECT 0" 2742 , n K a .o E s a, 0 s v E n / a< l6 %I Yxwa�PH \� t 1 � I N 1 r L,. 80 REVISED PLAN a x t a r w A 1 � r r . AMA- rNAe. NEW GAS BAR & CANOPY ��'• "'' �• ULTRAMAR ,� •d'^ AIRPORT GEN. Si '�•' SAIN4 J014H r N.6. W wwa 7 ' Me�.�r..�it• jJ 1 " y= ~ �± by •+a. . /�T�Tw.n.�..T a h \ r� Jr �• �. wa.+T.�� w wRww T hT. y C7 �4 -t \ SITE PLAN "t I. sp w MAY It401rrt2742 _ - A-1 I I - ,�: + ffUCAN D AA REVISED PLAN Reade, Mark From: External - Planning Sent: November -15 -13 8:25 AM To: Reade, Mark Cc: Lockhart, Lynda Subject: FW: Proposed Rezoning Application - 4105 Loch Lomond Road From: Brenda Williston Desmond Emailto:blwd @rogers.comj Sent: November -14 -13 8:41 PM To: External - Planning Subject: Proposed Rezoning Application - 4105 Loch Lomond Road To Whom It May Concern: As residents of 47 Lakeside Drive, we would approve of Option 1 with access to the Redemption Centre coming from the west side of the building. We would oppose Option 2 va-ith the entrance coming from the east side, as it would affect our privacy and increase traffic, noise and pose safety issues for our children travelling to meet the school bus. Thank you, Tim and Brenda Desmond q, 3 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 480 square metres, located at 233 Lancaster Street, also identified as being PID No. 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS W14EREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: Mayor/Maire ARRETE No C.P. 110 - AR.RETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'unc reunion du conseil communal, The City of Saint John a decrete cc qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe <<A », Plan de zonage de The City of Saint John, . permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 480 metres carres, situee au 233, rue Lancaster, et portant 1e NID 00366518, de zone residentielle — habitations unifamiliales et bifamiliales << R -2 » a zone residentielle — habitations de quatre logernents << R -4 » - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 11,00 in. Sales Rep: Doug Thorrlson PROPOSED ZONING BY -LAW AMENDMENT RE: 233 LANCASTER STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, December 9, 2013 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 484 square metres, located at 233 Lancaster Street, also identified as being PID No. 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. REASON FOR CHANGE: To permit an existing four - family dwelling. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 233, RUE LANCASTER Par les presentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a I'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la Salle du conseil le lundi 9 d6cembre 2013 a 18 h 30 : Rezonage d'une parcelle de terrain dune superficie d'environ 480 metres carr6s, situ& au 233, rue Lancaster, et portant le NID 00366518, de zone residentielle — habitations unifamiliales et bifamiliales . R -2 , a zone residentielle — habitations de quatre logements « R -4 RAISON DE LA MODIFICATION: Permettre une habitation de quatre logements existante. Toute personne interest6e peut examiner le projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a I'h6tel de ville sftu6 au 15, Market Square, a Saint John, au Nouveau- Brunswick., entre 8 h 30 et 16 h 30 du iundi au vendredi, sauf les jours feri6s. Veu1iez faire part de vos objections au projet de modification par 6crit a I'attention du soussign6 a Motel de Ville. Si vous avez besoin des services en fran�ais pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Ad Number: A105409 Ad ID: 6908887 Current Date: Oct 15 2013 10 :51AM Start Date: 11/12/2013 End Date: 11,11212013 Color: B/W Client Approval OK ❑ UM Corrections ❑ R,W mw4t ob - 40 41 IL. 131 a Also , r 14 'WNW 4 W'14 1 1 Planning Advisory Committee November 20, 2013 Your Worship and Councillors: SUBJECT: Proposed Rezoning 233 Lancaster Street PD. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 r� City of Saint John On October 28, 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 November 19, 2013 meeting. Scott Smith, the applicant, was in attendance and spoke in favour of staff's recommendation. Mr. Smith, however, suggested that the majority of the proposed conditions had already been met and questioned the necessity of the proposed condition requiring concrete curbing. Staff responded that, if the application is approved, the applicant would be given one year to complete all the required work indicated on the submitted site plan. If the work was already completed, the applicant would receive approval for it. Staff also explained that concrete curbing is a standard condition imposed on rezoning applications as a tool to protect landscaped areas and ensure the drainage of a site does not occur onto a neighbouring property. The Committee questioned the applicant as to why the required work was not done previously, as per the conditions imposed on the property in 1996. The applicant replied that he was not aware of these conditions when he purchased the property. He added that, due to a recent car accident, he was unable to complete any work on the building himself, which led him to the decision to sell the property. One resident from the neighbourhood appeared before the Committee and expressed concerns for the proposed rezoning. The resident indicated that the property is unsightly and that the previous conditions imposed on the property should be met prior to any rezoning occurring that creates more density. After considering the report, comments made by the applicant and the concerns raised by the neighbour, the Committee recommended approval of the rezoning of the property from "R -2" One and Two Family Residential to "R -4" Four Family Residential, subject to the conditions set out below. :. -2- RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID Number 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of a parcel of land with an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID Number 00366518, for a multiple dwelling be subject to the following conditions: a. That the driveway and on -site parking area shall be paved with asphalt, and that concrete cast -in -place curbing be placed throughout the site to protect the landscaped areas; b. That the landscaped areas adjacent to Lancaster Street shall have a minimum depth of two metres and a minimum width of 1.5 metres from the side property lines; c. That the applicant submit a detailed site plan illustrating the location of the building, driveway, parking area, curbing and landscaped areas, to be prepared by the proponent and subject to the approval of the Development Officer; and, d. That all work shown on the site plan must be completed by the proponent within one year of the rezoning of the subject site. JK Project No. 13 -245 EM c- "A ll The City of Saint John DATE: NOVEMBER 15, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES FOR: MEETING OF NOVEMBER 19, 2013 PREPARED BY: REVIEWED BY: 7o r, IP, R P Mark Reade, P. Eng., MCIP, RPP Planner Senior Planner SUBJECT: Name of Applicant: Scott Smith Name of Owner: Scott Smith Location: 233 Lancaster Street PID: 00366518 Municipal Plan: Stable Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "R -4" Four Family Residential Proposal: To rezone the subject property in order to allow for a long- standing four -unit dwelling. Type of Application: Rezoning JOHN PO. Box 1971 Saint John, NB Canada E2L 41 www.saint}ohn.e C.P. 1971 Saint John, N. -B. Canada E2L 4L'9 88 Scott Smith Page 2 233 Lancaster Avenue November 15, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, Dcccmbcr 9, 2013. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 480 square metres, Iocated at 233 Lancaster Street, also identified as being PID Number 00366518, from "R -2" One and Two Family Residential to "R -4" Four Family Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of a parcel of land with an area of approximately 480 square metres, located at 233 Lancaster Street, also identified as being PID Number 00366518, for a multiple dwelling be subject to the following conditions: a. That the driveway and on -site parking area shall be paved with asphalt, and that concrete cast -in -place curbing be placed throughout the site to protect the landscaped areas; b. That the landscaped areas adjacent to Lancaster Street shall have a minimum depth of two metres and a minimum width of 1.5 metres from the side property lines; c. That the applicant submit a detailed site plan illustrating the location of the building, driveway, parking area, curbing and landscaped areas, to be prepared by the proponent and subject to the approval of the Development Officer; and, d. That all work shown on the site plan must be completed by the proponent within one year of the rezoning of the subject site. On June 18, 1996, the owner of the lot at that time applied for a building permit to renovate the existing dwelling to increase the total number of units from two to four. The applicant initially intended to secure the appropriate approval for the increased number of dwelling units through Section 810(6) "Conversion to Apartments" of the Zoning Bylaw, which contemplates the possibility of dwellings constructed prior to 1930 containing 10 or more habitable rooms to be converted into multiple family dwellings, subject to several conditions. To facilitate the "Conversion to Apartments" process, Planning staff requested that the applicant submit additional information necessary to ensure that the subject building could satisfy Section 810(6) of the Zoning Bylaw. 0 Scott Smith Page 3 233 Lancaster Avenue November 15, 2013 However, the owner at the time failed to submit the requested information, making staff unable to proceed with the proposed conversion. As a result, the Building Inspector issued a "Stop Work Order" on July 15, 1996. On July 17, 1996, the owner submitted a building permit application for the work that had already been substantially completed, The Building Inspector noted that the location of the addition did not meet the Zoning Bylaw requirements, and that the owner would need to apply for a rezoning, as well as seek approval for several variances from the standards set out in the Zoning Bylaw from the Planning Advisory Committee. The owner proceeded with a rezoning and variance application, which the Committee considered at its October 1, 1996 meeting. The report prepared by Planning staff recommended approval for the proposed rezoning and related variances, subject to a number of conditions. The Committee approved the requested variances, and applied the conditions proposed by Staff, which included: • The driveway and on -site parking area shall be paved with asphalt; Curbing shall be placed to protect the landscaped areas; and Landscaped areas adjacent to Lancaster Street shall have a minimum depth of two metres and a minimum width of 1.5 metres from the side property lines. However, approval for the rezoning was not recommended by the Committee. As a result of the negative recommendation, the application to rezone the subject property required the majority of the whole of Council in order to be approved. Due to a number of councillors being absent at the October 15, 1996 Council meeting, Third Reading was not given and the application was not approved. The detailed site plan required for the variances that were approved by the Committee was never submitted to the Development Officer for approval. In addition, no building permit has even been issued for the addition to the building. The Building Inspector issued an "Order" to the property owner to cease using the building as a four -unit dwelling in October 1997. The owner submitted a second rezoning application in January 2000, which was considered by the Committee at its February 29, 2000 meeting and subsequently by Council at its March 13, 2000 meeting. Both the PAC and Common Council moved staff recommendation at their respective meetings, which was to deny the proposed rezoning. The report spoke to the owner's continued lack of compliance to the standards set out in the Zoning Bylaw. The subject property has been operating as a four -unit illegally since the additional two units were established in 1996. INPUT FROM OTHER SOURCES: Infrastructure Development Service has no objection to the proposed rezoning at 233 Lancaster Street. A water meter is currently in service at this address and its use must be continued for the proposed four -unit dwelling. All required parking should be provided for off -street and any proposed changes to the parking area must ensure that there are no adverse drainage issues for adjacent properties Inspection & Permitting Services has indicated that the subject property has been the topic of other rezoning applications as well as Court actions. The third and fourth units that currently exist in the 90 Scott Smith Page 4 233 Lancaster Avenue November 15, 2013 dwelling were created without a permit, as was the addition that was added in approximately 1996. It should be noted that if the property is re- zoned, it will require a full inspection and a change of use permit. Saint John Fire Department has no issues with the proposed rezoning, so long as the building adheres to the standards of the National Building Code. ANALYSIS: Site and Neighbourhood The subject site is located on Lancaster Street at the corner of Tower Street on the City's Lower West Side. This is a residential area largely populated by one and two -unit dwellings, although it is interspersed with the occasional dwelling containing more than two units. St. Patrick's Elementary School is located a block east of the subject site. The age of the building stock in the vicinity of the subject site is typical of the Lower West Side in that it comprises a mixture of 19th Century, pre -war and post -war housing. Service New Brunswick records indicate that the original dwelling on the subject property was constructed no later than 1900. There are several properties in the neighbourhood that have been rezoned to "R -4" Four Family Residential, including the property at 258 Tower Street, located a half -block block north -east from the subject site. The subject property is approximately 15 metres by 30 metres and has lot frontage on both Lancaster Street and Tower Street. The original portion of the dwelling is three stories, while the addition that was constructed in 1996 is two stories and is situated to the rear of the building. The parking area is accessed from Lancaster Street and contains enough space for the five parking spaces required by the Zoning Bylaw for a four -unit dwelling in the "R -4" zone. Proposal The long- standing illegal status of the building came to light when the current owner submitted a request for confirmation of the zoning. As a result, the owner is seeking to rezone the property from the current "R -2" One and Two Family Residential zone to the "R -4" Four Family Residential zone, which would recognize the existing use as a four - family dwelling. Proposed Rezoning The subject site is located in the Stable Residential designationn on the Future Land Use map of the City's Municipal Plan. The Stable Residential designation allows for uses that are deemed "compatible with surrounding land uses ". The Municipal Plan establishes a policy direction for the City that encourages, where appropriate, greater residential density within the core area of the City. Neighbourhoods that contain a broad span of housing choices, ranging from single -unit to multi -unit dwellings, are able to offer a larger range of housing options. Although the two extra units in the subject dwelling were established illegally, the moderate increase in density has not created any problems in the neighbourhood over the past 15 years. There is no reason to believe that the situation should be any different going forward if the property is rezoned. However, the conditions placed on the approval for the variances that were part of the initial rezoning application for the property in 1996 should be reinstated as Section 39 conditions if the current application to rezone the 91 Scott Smith Page 5 233 Lancaster Avenue November 15, 2013 subject property is approved. In addition to the previous conditions, which dealt with the landscaping, parking and curbing of the site, a further condition is proposed that would require all site work detailed in the Section 39 conditions to be completed within one year of the rezoning. CONCLUSION: The subject property has a long history of non - compliance with the standards set out in the Zoning Bylaw. However, the rezoning of the subject site from "R -2" to "R -4" is in keeping with the intent of the Municipal Plan and can therefore be supported, subject to the conditions outlined above. JK Project No. 13 -245 92 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT # 0s 2 190 62 24 38 267 40 1 66 24 26 6 ♦ 48 All t 269 A'' 25 4f 58 259 < %- *� 213 ��C 26 0 260- 285 � �/'' �� 262 A0 26 O' 94 ,0 292 �� 270 94 28 272 96 74 28 12 29 %* 90 0 _I0 , '! ` II 3 I 4kV� :Q%• CO Subject Site/site en question: C� 366518 Location: 233 Lancaster Street Date: November 1, 2013 Scalelechelle: Not to scale /Pas a 1'6chelle 93 Ll 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 1200 square metres, located at 7 Sherwood Drive, also identified as being PID No. 00324012, from "B -1" Local Business to `BR" Business Residential - all as shown on the plan attached hereto and forming part of this by -law.. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: Mayor /Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du Conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 1 200 metres carres, situee au 7, promenade Sherwood, et portant le NID 00324012, de zone Commerciale locale << B -1 » a zone commercials residentielle <<BR» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - ., Advertiser Name: Saint John Common Clerk Advertiser Code: 571206 Size: 4.00 x 10.00 in. Sales Rep: Doug Thomson PROPOSED ZONING BY -LAW AMENDMENT RE: 7 SHERWOOD DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to he held in the Council Chamber on Monday, December 9, 2013 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID No, 00324012, from "B -1" Local Business to "BR" Business Residential. REASON FOR CHANGE: To permit four dwelling units in the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Growth and Community Development Services, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4730 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 658 -2862 Ad Number: A105417 Ad ID: 6908894 Current Date: Oct 15 2013 10:30AM Start Date: 11/1212013 End Date: 11/1212013 Color: Client Approval OK ❑ PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 7, PROMENADE SHERWOOD Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention 06tudier la modification suivante a I'arrete sur le nonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 9 d6cembre 2013 a 18 h 30 : Rezonage dune parcelle de terrain d'une wperficie d'environ 1 200 metres carr6s, situ6e au 7, promenade Sherwood, et portant le NID 00324012, de zone commerciale locale B -1 » a zone commerciale r6sidentielle +t RAISON DE LA MODIFICATION: Permettre quatre logements dans le batiment existant: Toute personne interestee peut examiner ie projet de modification au bureau du greffier communal ou au bureau du service de la croissance et du d6veloppement communautaire a i'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau- Brunswick., entre 8 h 30 et 16 h 30 du iundi au vendredi, sauf les jours f6ries. Veuillez faire part de vos objections au projet de modification par 6crit a I'attention du soussign6 a I'h6tel de ville. Si vous avez besoin des services en fran�ais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 658 -2862 Corrections ❑ LETTER OF INTENT FOR REZONING 7 SHERWOOD: I WOULD LIKE TO BRING THIS PROPERTY TO MEET ALL CITY ZONING BYLAW REGULATIONS. A HAIRSTYLING SALON WAS REZONED BUSINESS IN 1996. 2 RESIDENTIAL UNITS WERE ALSO REZONED IN 1996. I BOUGHT THIS BUILDING 4 YEARS AFTER THIS REZONING TO B1. AS THIS PROPERTY HAS FOR THE PAST 17 YEARS BEEN USED AS A 6 UNIT RESIDENTIAL PLUS 1 HAIRSTYLING SALON I AM ASKING THE CITY TO ALLOW ME TO CHANGE THIS TO A 4 UNIT RESIDENTIAL PLUS 1 HAIRSTYLING SALON. THIS WILL REQUIRE A CHANGE IN REZONING FROM B1 TO BR. THANKS FOR YOUR TIME m BACK PROPERTY LINE �Q 0, - ,r� PAVED PARKING LOT �d G� Off, PAFKwP PANNING EARNING PAPKlNG .- ! PAftNWti KINC Yku{HfNG PARKING sNCE SPACE SPACE sPact= Spq LEG SPAPE SPACE EPALE SPACE 3 3 l NAIgsTV{xv6 { fJNNG ,� SfJ.LN APA—EN T `o{ gOpM j 13� COM `���4 ...... I n•••• = FIREYYALLS 1 znwe AW' MEN �d w4r I. I €P F ! - /CLMPVTEq f VEY:AY SPACE FRONT PROPERTY LINE SHERWOOD DR 97 Q�} V .f t BEDROOM IT KIM- 27e sq.ff ^ gs 15'0 "x10' -0 - 10,0" 9 i 16'-0", 15054 .8. 90 sq R ^ IW �CRSWALL 21 �q.lt -2 W, a.] LIVING ROOM LIVING Bd— 2580 2%0'. 76 -0, f6,0" ROOM 173 sq R. 8alh V I 371 M.R. 12.0, 1,0". f0' -0" 96 sgft 70 s4 R. n2- a.] Planning Advisory Committee November 20, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint john New Brunswick Canada E2L 4L1 SUBJECT: Proposed Rezoning- 7 Sherwood Drive City of Saint John On October 28, 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 November 19, 2013 meeting. Mr. Bev Mills, the applicant, appeared before the committee and was in agreement with the staff recommendation. He responded to questions with regards to building code violations and the general maintenance of the property. He also clarified that he has owned the property since the late 1990's and that he did not purchase the property recently. Staff confirmed that miscommunication with the applicant had resulted in an incorrect reference to the applicant having recently purchased the property in the staff report. Staff also noted that the four illegally established dwelling units were created by the previous owner, prior to the sale of the property to Mr. Mills. Brenda Thibault and Gordon Dalzell appeared before the committee to speak in opposition to the rezoning application. They expressed concerns with respect to the potential impacts of the increase in permitted dwelling units, which included concerns related to the use of on- street parking, noise, lighting, site drainage and road safety. They also expressed a general dissatisfaction with the condition of the property citing a poorly maintained shed, fencing and the Champlain Drive parking area. No other persons appeared before the committee and the attached 3 letters were received regarding the application. The Planning Advisory Committee discussed the application at length and expressed concerns with approving the application without imposing conditions that would improve the condition of the property. After considering the report and comments made by the applicant and area residents and the attached letters, the Committee resolved to adopt the staff recommendation subject to revised conditions, which are set -out below for your convenience. .. -2- RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID No. 00324012 from "B -1" Local Business to "BR" Business Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 1200 square metres, located at 7 Shem ood Drive, also identified as being PID No. 00324012 for a mixed commercial and residential development be subject to the following conditions: a. That the number of dwelling units is limited to a maximum of four. b. That all outstanding violations are to be corrected by the property owner. c. That development of the site shall be in accordance with a site plan submitted with the change of use I building permit and approved by the Development Officer detailing parking, signage, garbage storage, lighting, and buffering / fencing. Respectfully sub ed, r or an an a Chair JC Project No. 13 -234 100 1 1 DATE: TO: FROM: FOR: PREPARED BY: Jeffrey Cyr Planner SUBJECT: NOVEMBER 15, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF NOVEMBER 19, 2013 Name of Applicant: Bev Mills Name of Owner: Bev Mills REVIEWED B 9 Mark Reade, P. Eng., MCIP, RPP Senior Planner Location: 7 Sherwood Drive PID: 00324012 Municipal Plan: Stable Residential Zoning: Existing: "B -1" Local Business Proposed: "BR" Business Residential Proposal: To reduce a non - conforming b dwelling unit mixed use building to four dwelling units. Type of Application: Rezoning l f SAINT JOHN P.O. Box 1971 Saint John, NB Canada UL,j4J i www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 Bev Mills Page 2 7 Sherwood Drive November 15, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, December 9, 2013. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive , also identified as being PID No. 00324012 from "B -1" Local Business to "BR" Business Residential, 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land having an area of approximately 1200 square metres, located at 7 Sherwood Drive, also identified as being PID No. 00324012 for a mixed commercial and residential development be subject to the condition that the number of dwelling units is limited to a maximum of four. BACKGROUND: Our records indicate that the eastern portion of the subject building was constructed during the 1960's as a one family dwelling and may have had a business in the lower level with access from Champlain Drive. In 1971, a building permit was issued to permit the creation of a bachelor apartment in a portion of the lower level. At the time, the property was zoned "F" Local Business and may have permitted two dwelling units. The remainder of the lower level contained a restaurant, which continued until the late 1970's when the use ceased. In 1981, a permit was issued to convert the use of the building from a one family dwelling to a two family dwelling with the creation of an apartment in the lower level. The permit appears to have been issued in error as the "B -1" Local Business Zoning of the property did not permit a two family dwelling and that the previous bachelor apartment use on the lower level of the building appears to have ceased. Around the same time a beauty salon, (which was /is a permitted use) was established in the balance of the lower level. In 1986 -87 an addition to the building was constructed, containing a garage on the lower level fronting on Champlain Drive and a large room on the upper level. The large room was constructed as part of the residential unit on the upper level and had an interior connection. Later in 1987_ a permit was issued to relocate the beauty salon to the large room on the upper level of the new addition, above the garage. The permit did not indicate what would become of the vacated space on the lower level, previously used by the beauty salon. 102 Bev Mills 7 Sherwood Drive Page 3 November 15, 2013 In 1990, a permit was issued to relocate the beauty salon to a portion of the garage on the lower level. The permit indicated that the balance of the garage was to be used as a personal workshop and the remainder of the upper level would be used in conjunction with the original dwelling unit. The permit specifically stated "no increase in the number of dwelling units, two family and beauty salon only." In 1995 an inspection of the property by Building and Technical Services staff revealed that the area of the lower level that had been occupied by the beauty salon until 1987 had been illegally converted into a bachelor apartment. The area of the upper level which was occupied by the beauty salon from 1987 to 1990 had been illegally converted to 2 bachelor apartments. The area on the lower level which was indicated as storage /workshop in the 1990 permit had also been illegally converted into a bachelor apartment. As a result, there was a total of six dwelling units in the building, in addition to the beauty salon. In 1996, the owner of the building applied to have the property rezoned from `B -1" Local Business to "BR" Business Residential in order to permit 5 dwelling units. The application was denied by Common Council at its January 29, 1996 meeting. A recent inspection of the property by Building and Technical Services staff has revealed that the property has not been brought into conformance with the Zoning By -Law and still contains the aforementioned six dwelling units. In addition, several building code violations were noted during the inspection. The applicant, who has recently purchased the property, has submitted the subject proposal in order to rectify both the zoning and building code violations. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Infrastructure Development Service has the following comments on the proposed rezoning: • It is understood from the application that there will not be any site, driveway or servicing changes to this property. If any changes are proposed, this Department must be contacted for further review, comment and approval. • All parking must be provided for on -site. • All businesses must have a City approved water meter installed. 6 It is the responsibility of the owner to provide for solid waste collection. Inspection & Permitting Services are in support of the requested rezoning application, provided the owner takes action to remedy all violations, and the work is conducted in accordance with the Saint John Building By -Law. Maritimes & Northeast Pipeline, Enbridgc Gas, and Brunswick Pipeline have no concerns with this application. Rogers have no concerns with this application. 103 Bev Mills Page 4 7 Sherwood Drive November 15, 2013 Saint John Energy have been advised of this application. Saint John Fire Department has objection to this rezoning application provided that the following conditions are adhered to: Current building and fire code violations (if any exist) are corrected as part of the renovations. • Appropriate building permits are required for the proposed work and that the renovations are carried out in accordance with the National Building and Fire Codes including but not limited to: Fire separation within the building units satisfies the requirements of Fire Walls and Party Walls as addressed in Section 9. 10.11 of the National Building Code of Canada 2010. • AC/DC Smoke alarms hard wired must be provided in each apartment. • Fire extinguishers must be provided within each unit. • Construction plans are submitted to the Department of Public Safety Technical Inspection Division for approval. • Any sleeping room below grade must have a proper size egress window as provided in (9.7.1.2). • Any common corridor must be equipped with emergency lights to light the path of exit. • Any shared exit must be equipped with emergency exit signs. • All apartments off a common corridor must be equipped with a fire rated door, no less than 20 minute rating. This door must close and latch after each use. ANALYSIS: Site and Neighbourhood The subject site is a mixed residential and commercial property located at 7 Sherwood Drive in the Champlain Heights neighbourhood of East Saint John. The property- is on a corner lot with 30 metres of street frontage along Sherwood Drive and 30 metres of street frontage to the back of the property along Champlain Drive. The site has a total area of approximately 1200 square metres. The subject neighbourhood is a residential community of largely single family homes built during the 1960's. Sherwood Drive is a residential street comprised almost exclusively of single family homes of similar size and character. The street frontage along Champlain Drive is on a large traffic circle which provides a central node of small compatible neighbourhood oriented commercial uses and Champlain Heights Elementary School. Proposal The applicant is proposing to rezone the property from the "B- V General Business Zone to the `BR" Business Residential Zone in order to permit four residential units and an existing hair salon. The commercial unit and three residential units will be accessed from Champlain Drive and one residential unit will be accessed from Sherwood Drive. The make -up of the residential units will include: 2 one bedroom apartments, 1 three bedroom apartment and 1 bachelor apartment. No significant changes are proposed to the exterior of the building, with the exception of minor alterations to the rear building entrances fronting on Champlain Drive. 104 Bev Mills 7 Sherwood Drive Page 5 November 15, 2013 The proposal represents a reduction in the intensity of use of the property, as the building currently contains b residential units. However, four of the six residential units were established illegally by the previous owner and several building code issues were identified during a recent inspection. The applicant has prepared this application in order to rectify the existing Zoning Non - Conformances and building code violations. Proposed Rezoning The property is currently located within the `B -1" General Business Zone which permits a range of commercial uses, but is limited to a maximum of one residential unit, as the property abuts the "R -1 B" One Family Residential Zone. As a permit for a second dwelling was previously issued in error in 1981, two of the six existing dwelling units have been legally established. The proposed "BR" Business Residential Zone permits a nearly identical range of commercial uses as the `B -1" General Business Zone, with the exception of a multiple dwelling. it is relevant to note that while the applicant is proposing to reduce the number of dwelling units to 4 units, the "BR" Business Residential Zone does not contain a limit for a maximum number of dwelling units permitted and it may be necessary to impose conditions pursuant to Section 39 of the Community Planning Act in order to ensure that the number of dwelling units cannot be increased if the rezoning is approved. Municipal Plan Direction The Municipal Plan establishes direction for the consideration of rezoning applications for properties located within the Stable Residential Designation. The plan also contains additional policies with respect to neighbourhoods and housing which are also relevant to the subject proposal. Stable Residential Designation The Stable Residential designation is intended for existing, stable residential neighbourhoods. Development proposals must be consistent with the neighbourhood context and compatible with the goals and policies of the Municipal Plan. Criteria for the assessment of rezoning applications are established in Policy LU -88. The policy sets forth six criteria for the assessment of rezoning applications: a. The proposed land use is desirable and contributes positively to the neighbourhood; b. The proposal is compatible with surrounding land uses; c. The development is in a location where all necessary water and wastewater services, parks and recreation services, schools, public transit and other community facilities and protective services can readily and adequately be provided; d. Site design features that address such matters as safe access, buffering and landscaping, site grading and stormwater management are incorporated; e. A high quality exterior building design is provided that is consistent with the Urban Design Principles in the Municipal Plan; and f. The proposal is on a property identified as a Corridor on the City Structure map (Schedule A) or does not detract from the City's intention to direct the majority of new residential development to the Primary Centres, Local Centres, and Intensification Areas. 105 Bev Mills Page 6 7 Sherwood Drive November 15, 2013 Nei bourhoods and Housing The Municipal Plan also contains policies with respect to neighbourhoods and housing, of which, policy HS -4 is relevant to the subject proposal. This policy promotes the encouragement of student housing in close proximity to educational institutions and along major transit routes. Consideration of the Proposed Rezoning 1. Desirability of the proposed use: While a multiple unit dwelling may not typically be a desired use in a single family residential neighbourhood, context specific details with respect to the Champlain Heights neighbourhood and proposed changes to the functionality of the building and site provide a strong case for support of the proposal. Due to its close proximity to the New Brunswick Community College, the neighbourhood has seen a number of illegal conversions of single family homes to student housing. These illegal conversions have often had negative impacts on the adjacent community with respect to the intensity of the use and the quality of the streetscape. The subject rezoning application proposes to have 3 of 4 residential units to be accessed from a driveway along Champlain Drive with only one unit being accessed from Sherwood Drive. Thus, the property will function as a single family home along Sherwood Drive where it abuts residential uses; and function as a multiple dwelling along Champlain Drive where it abuts commercial uses. Therefore, the proposed rezoning application represents an opportunity to accommodate some of the demand for student housing in the neighbourhood while limiting its impact on adjacent residential properties. It is also important to note that the proposal is actually a reduction in the intensity of the use of the site from its present day illegally established 6 dwelling units, which have existed since 1995. 2. Compatibility of the proposed use: As noted above, the application proposes to have 3 of 4 residential units to be accessed from a driveway along Champlain Drive with only one unit being accessed from Sherwood Drive. As the property will function as a one family dwelling from the Sherwood Drive entrance, it is sufficiently compatible with the surrounding uses. 3. Available Services: The property is currently connected to Municipal Water and Sewer Services. It is located along a public transit route on Champlain drive and is within walking distance to Champlain Heights School and the New Brunswick Community College. 4. Site Design and screening: The property was initially developed as a single family home and still largely maintains that image along Sherwood Drive. There is significant landscaping limiting the view of the property from adjacent residential uses and perimeter hedges and fencing along the property boundaries of the subject site and neighbouring properties. The application proposes no significant changes to the site and should not result in any changes to the visual impact of the site on adjacent properties. 106 Bev Mills Page 7 7 Sherwood Drive November 15, 2013 5. Building Design: The building was constructed in the 1960's and later expanded in the 1980's. 11, is similar in design to neighbouring properties and no significant changes are proposed for the exterior of the building at this time. The visual impact on neighbouring properties should remain unchanged. 6. General Municipal Flan Compatibility: While the Municipal Plan intends to direct as much development to designated intensification areas as possible, it also identifies that smaller regionalized residential markets driven by educational institutions exist and should be accomodated. The rezoning application also proposes a reduction in the overall number of dwelling units in an existing building and therefore does not detract from the Municipal Plans goal of directing the majority of new residential growth towards designated intensification areas. Section 39 Conditions As the proposed `BR" Business Residential Zone has no restrictions with regards to the number of dwelling units permitted, conditions are necessary to ensure that the current or future owners of the building may not increase the number of dwelling units from the 4 proposed units. Therefore, staff recommend that Common Council impose a condition pursuant to Section 39 of the Community Planning Act, which limits the number of permitted dwelling units to a maximum of 4 dwelling units. CONCLUSION: The subject rezoning application represents an opportunity to provide rental accommodations intended for NBCC students while limiting the impact on neighbouring single family homes. The proposal reduces the number of dwelling units from 6 dwelling units (4 illegally established) to 4 dwelling units, while focusing the majority of the units along the Champlain Drive street frontage. As the proposal locates the additional units towards its commercial frontage and the site currently provides significant screening through landscaping, perimeter hedges and fencing, the proposed rezoning can be supported. JC Proaect No. 13 -239 107 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT -1„ 111 C� I'►O . 121 7 � • C% t 127 a � /129 �aih Dr f .,ftRCOV, e A O` 4 3. 0,d O Subject Site /site en question: Location: 7 Rue Sherwood Drive Date: October 21 Octobre 2013 Scalelechelle: Not to scale /Pas a i'echelle m IL -1 13 17 11 \ \ / A �;*1 'No'• 0 9 �y�Q00 4 ion• `,, 12 Q 47 -1 B 39 31 23 Qt . 42 17 tO�Nea 32 to Qto 28 29 PID(s)INIP(s): 00324012 - - - - -- .L BACK PROPERTY LIN, r �0 PAVED PARKING LOTpA .a tree 1. -Ito PAR7 PARK✓M 0p P1IRKWG ftma" PAP OW im; mvG PAIN&M PNMWG SHAW M f R SA9CE SPAS y SPACE SPADE' SH4CE � aPDICE SAqCE .4 e f a 5 * 3 2 1 q 4 ! w. BACHMGW � r, 1 y •%% :.. SAWN APARTS NT Row � T 100M MrAw !� FNL99 LLS OWCUTM DRIVtMY o SMCE � I ^ <I FRONT PROPERTY LINE SHER OOOO-DR - - - - -- -- 109 -7 SvwLL\,ocd [�v. . Main Vmw, iL OEDROW MW "W k, New Mr. 71 s jlr4. pr LfvLvrr ROM LA4W Lod— ww.tgw aim, ROM am I sr4r. w4r —0 ��•�c �,�Yvoy, LYN 110 Cr Lockhart, Lynda From: External - Planning Sent: November -07 -13 8:54 AM To: Cyr, Jeffrey Cc: Reade, Mark; Lockhart, Lynda Subject: FW: Rezoning From: gillian ada pipes [mailto:jill pl0hotmail.coml Sent: November -06 -13 10:27 PM To: External - Planning Subject: Rezoning I am writing in regards to a rezoning application @ #7 Sherwood Drive in Saint John. I have no objection to the zoning change but do have concerns regarding the one entrance on to Sherwood Drive. I have lived in this area for only 3 years and have noticed that the residents in the apartment abutting Sherwood Drive, have used Sherwood Drive as a parking lot for ? visitors (usually in winter) and this is quite close to the corner. This requires drivers leaving Sherwood Drive and entering onto Champlain, to often have to swing around the parked car, risking perhaps hitting a car coming off Champlain Drive and entering Sherwood Drive. Just an observation but I feel needs mentioning. G Pipes i 111 Robert Trecartin 9 Sherwood Drive Saint John, N.B. E2J 3H7 November 6/2013 Planning Advisory Committee City of Saint John Planning and Development Re# Re Zoning Application- 7 Sherwood Drive `AI NOV 12 �.,, „, • e 6� ti I thank the planning and de%,elopment department for the opportunity to respond to the application to re zone the adjacent property located at 7 Sherwood Drive. I wouldn't think that any other than properties save those located directly across Sherwood Drive from # 7 besides ourselves would have the unique perspective that we possess. I have resided at this address (9 Sherwood) for over thirty years, have seen at least several owners of 7 Sherwood Drive come, and over time sell and move on. 7 Sherwood Drive as it currently exists, and speaking as a neighbor, for some years has been for the most part an eyesore. One would almost think a deliberate attempt has been made to develop `instant slum'. Just an impression, but it seems valid. Non residency /ownership in this case speaks for itself. So: (7 Sherwood Drive) Quite out of character for the rest of the Champlain Heights community. This would include the only other and as it happens other adjacent commercial property adjacent to our home and 7 Sherwood I refer to Sheila's Day spa; located at 129 Champlain Drive. I note this as we (as neighbors) are not against responsibly run commercial properties. Although I have never complimented the owners of Sheila's Day Spa, I would like to take the opportunity to acknowledge the outstanding; and exemplary way and manner the resident /owners of 129 Champlain Drive have maintained; indeed improved their commercial property during their term of ownership. A credit to both themselves, and the local community in which they live. As an immediate neighbor I am grateful and appreciative of their efforts to maintain their property. A job well done. 112 2. Contrast the commercial development at 129 Champlain Heights; (7 Sherwood's adjacent neighbor) with the applicants and their property, and the visual results speak for themselves. A simple `drive by' for comparative purposes will confirm. One commercial property a neighborhood eyesore, (7 Sherwood ) 129 Champlain Drive the opposite. Given all the above_ and acknowledging the fact that no one present claims to be experts on Saint John zoning law and practice, it seems to us that a requested exemption to existing zoning laws should (not) be granted in this case. No meritorious case for any exemption has been made. Moreover the local community itself doesn't make a good fit for this application. Forbearance of immediate neighbors for the last few years aside. We have been long suffering. Since current zoning laws don't allow for 4 units (dwelling) in our residential area, and given the overall run down present state of the property as it exists; we as immediate neighbors can't support this application. Quite the reverse. Enough of the `slum scene': Although, just an opinion. Others may hold dissimilar views. I have yet to hear other neighbors express a contrary opinion to the one just offered. So (rather than exemptions) My question would be what penalties if any the current owners are subject to, or should be subject to given the current owners of 7 Sherwood Drives and their flagrant violation of exiting zoning laws. I will leave this to the discretion of City officials charged with this responsibility. I understood penalties for non compliance exist. Perhaps it's a free for all in Saint John. I may have misunderstood. Therefore: (speaking as a neighbor) Asking for permission to circumvent existing zoning laws seems impertinent at best. Perhaps the most charitable comments possible under circumstances as described. Actually, 9 Sherwood Drive had `commercial zoning' when we purchased. Out of respect for the community we relinquished. This is a residential community for the most part, it wouldn't have seemed fair to impose on residential neighbors. Neither here nor there for the purposes of this application. Public Hearing Unfortunately I will be out of province at the time of your scheduled public hearing, and will not be available to appear in person. I would be pleased to respond via e-mail or phone for that matter should any questions arise as a result of our submission .sri�5 (2y _-� C Q, no���s . �°••� 113 q,�. 2- Tibbits, Kelly From: Taylor, Jonathan Sent: November -20 -13 1:55 PM To: Tibbits, Kelly Cc: Reade, Mark Subject: FW: proposed re- zoning # 7- Sherwood Drive Hi Kelly, Would you please add this to our records for that hearing? Thanks Jon From: Reade, Mark Sent: November -20 -13 1:35 PM To: Taylor, Jonathan Cc: Cyr, Jeffrey Subject: FW: proposed re- zoning # 7- Sherwood Drive Jon This came in after the PAC meeting last night. Can you include it in the Council Packet with the letters for 7 Sherwood Drive (Public Hearing). Mark Mark Reade, P.Eng., MCIP, RPP Senior Planner / Urbaniste Principal Growth & Development Services / Services de d6veloppement et de croissance I Oth Floor, City Hall City of Saint John P.O. Box 1971 Saint John, NB E2L 4L Reception: (506) 658 -2835 Direct Tel: (506) 674 -4238 Facsimile: (506) 658 -2837 E -Mail: mark.readelasaintjohn.ca From: External - Planning Sent: November -20 -13 12 :21 PM To: Cyr, Jeffrey; Reade, Mark Subject: FW: proposed re- zoning # 7- Sherwood Drive From: Trecartin, Bob (Calgary) [ mailto :Bob_Trecartin @nexeninc.com] Sent: November -20 -13 12:20 PM 114 To: External - Planning Subject; proposed re- zoning # 7- Sherwood Drive c/o Jeff Cyr Hi I happen to be out of town presently, and was unable to attend last night's planning and advisory committee meeting where, according to the agenda I just accessed on line the matter of re- zoning 7 Sherwood Drive was discussed. I have no idea of course of the outcome. I did have a look at the proposed agenda, and the overview statement from your department that outlined the proposed re zoning of my immediate neighboring property. I did note, with some dismay that the present owner of the property at 7 Sherwood Drive was described in the overview as being `new'. I was somewhat surprised by that statement. To the best of my knowledge, the present owner has in fact owned and controlled the property for some years. His son in law, as he has been described to me seems to actively run the property. (neither here nor there) Ownership of course should be easily resolved as it is a matter of public record. I only mention this as it speaks to the accuracy of the information, or perhaps miss - information your decision making body might be laboring under. Further; and to the point it is the present owner who has in fact run the property for some years as described in your overview statement. If I can use the term `run' in its most charitable sense. I would imagine this point was clarified last night, but just wanted to bring to your attention. Regards Bob Trecartin 9 Sherwood Drive Saint John, N.B. E2J 3H7 E mail citnalta @rogers.com IMPORTANT NOTICE: This message is intended for the individual or entity to which it is addressed and may contain information that is privileged, confidential, and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that copying, forwarding or other dissemination or distribution of this message is prohibited and that taking any action in reliance on the content of this message is to be avoided. Should you receive this e -mail in error, please notify the sender immediately via e -mail or call (403) 699 -4000 and delete this message from your system. Thank you. '15 November 28, 2013 Mayor Norton and Councilors' 15 Market Square Saint John, N.B. E2L 1E8 My name is Brenda Thibault and I reside at 1 Sylvia Drive in Champlain Heights. attended the PAC meeting on Tuesday, November 19th and expressed the following in regards to the rezoning application at 7 Sherwood Drive. - If this application goes ahead my concern is that other homeowners in the area may consider this a great idea income wise, thus destroying the single family concept in the area. With NBCC being so close, this is certainly a possibility, and could get out of control. In the past Champlain Heights has seen a number of illegal conversions of single family homes to student housing. In my opinion this is a mini version of an apartment building. - Parking and garbage are concerns. - As mentioned in the PAC minutes of November 191h, it states that the applicant recently purchased the property, when in fact he has owned this property since 1996. Since this date the applicant has not brought the property into conformance with the Zoning By -Law, and to date still contains 6 units. It wasn't until Building & Technical staff did a recent inspection of the property that this was discovered. The applicant does not live in the home. There is significant landscaping limiting the view of the property, which needs to be addressed. In Closing, this rezoning application should be denied. 3Y ' 1 Sylvia Drive Saint John, NB E2.1 3V3 116 T ,2 Evans, Richard From: Taylor, Jonathan on behalf of External - CommonClerk Sent: December -05 -13 8:32 PM To: Evans, Richard Cc: Anglin, Patricia Subject: FW: 7 Sherwood Dr - Meeting on Dec 9th Would you please add this as well to supplemental? Thanks From: External - M unicipa I Operations Sent: December -05 -13 1:49 PM To: External - CommonClerk Subject: FW: 7 Sherwood Dr - Meeting on Dec 9th From: Wanda Myler [maiito:wanda.myler @gmail.com] Sent: December -05 -13 10:14 AM To: service Subject: 7 Sherwood Dr - Meeting on Dec 9th To Whom it may Concern, Regarding the re- zoning of the property located on 7 Sherwood Dr. to be discussed at the meeting on December 9th: We, as neighbours of this property have concerns regarding a decision to allow 4 dwellings at this location. If the owner has an interest in maintaining this as a rental property, they should also have a responsibility in upholding the reputation and character of the neighbourhood by maintaining the property, to at least the same level as other nearby dwellings. Unfortunately, there has been many conversations with neighbours regarding the appearance of the property and the fact that it is not being properly maintained which gives the impression that it attracts tenants that are less than favorable. As a parent, this more than concerns me. Over the course of the 14 years that I have been in the neighbourhood, the property has been, in my opinion, an eye -sore. There were times that living room furniture was sitting on the front lawn for weeks, as was mattresses. If the property owner for 7 Sherwood Dr. is given the approval to keep 4 dwellings, I think the issue of up- keep should be first addressed. Thanks for the opportunity to voice our opinion. Wanda and Jim Myler 8 Sherwood Drive 1117 BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil communal, The City of Saint John as follows: The City of Saint John a decrete cc qui suit: 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 236 immediately after Section 235 thereof, as follows: 236 The City of Saint John does hereby stop up and close permanently the following highway: WATERLOO STREET, GOLDING STREET AND REBECA STREET: All those portions of Waterloo Street, Golding Street and Rebecca Street, public streets in the City of Saint John in the County of Saint John and Province of New Brunswick, as shown on a Plan of Survey titled, "Plan Of Survey Showing portions of Waterloo Street, Golding Street and Rebecca Street, City of Saint John, Saint John County, New Brunswick ", prepared by Hughes Surveys & Consultants Inc. and dated October 3, 2013 attached hereto. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be axed to this by -law the * ** day of * * *, A.D. 2013 and signed by: 1 Par les pr6sentes, 1'arret6 de The City of Saint John intitul6, «L'arret6 sur Pinterruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 decembre 2005, est modifie par Pajout de Particle 236 imm6diatement apres Particle 235, comme suit: 236 Par les pr6sentes, The City of Saint John barre et ferme de faron permanente la route suivante : RUES WATERLOO, GOLDING ET REBECCA: Tous les trongons des rues Waterloo, Golding et Rebecca, des rues publiques daps The City of Saint John, corntd de Saint John, dans la province du Nouveau- Brunswick, comme le montre le plan d'arpentage intitul6 « Plan d'arpentage indiquant des tronrons des rues Waterloo, Golding et Rebecca, City of Saint John, comt6 de Saint John, Nouveau- Brunswick )>, prepare par Hughes Surveys & Consultants Inc. et date du 3 octobre 2013, ci joint. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le * * * ** 2013, avec les signatures suivantes : Mayor/Maire Common Clerk 1 Greffier communal First Reading - November 25, 2013 Premiere lecture - Second Reading- November 25, 2013 Deuxieme lecture - Third Reading - Troisieme lecture - 118 le 25 novembre, 2013 le 25 novembre, 2013 o� 91U/ �j 7 364 400 PID/NID 55183974 Roman Catholic Bishop of Saint John Property Parcel /Pa rcelle. 06 -1 see /voir Run No. 23155790 RUB r/' o! / \ s ` m m F 7Jf 173, po7yyo Of s , Cora /o9 sa cot -to' ° so ze ortie St, m xD. Ue p dP /ot a abr /Moe due PID /NID 55210926 + Atlantic Real Properties Developments Inc. Property Doc, 29959740 Reg, /Eng. 2011 -04 -a1 seefvoir Plan No. 2886 Legend /Ldgende .^ F.nw/'t.tere 0--1 -- ... ......... .... ryyaro Paia // utll liy wlr e/Potrau hydra / Fll e'uel ll t. • ..... ....... .... .... R.und Iron 90 Favntl/Il qqee de for r. tle trouvrr . .... ............. ... Co lcul Metl Cn-0rZ , Felnt'/P tot. Ee c. donne. ca lsule.a Stonao,a Survey M.rko-r P3 oc.d/6orne d'ar yin loge ...d pre... N, @, trill C/ Lilit°t. M nn.eee/1Xpnu(rcnt du ...... N.odra iqu. . —. gtrea Ltn.r Melt. de °pe �._ r �.._.. Atllo..nt Prop.rey Line/ Llelt. 4e prepol.t..dl open C. �( .................. .. Tabul.tatl c. -a lnat. Fainlp at comrtl.n Fe tobvle ____ utterly ceeem.n[JS.r vltade de r.rvlee �....... � ........ ...... Standard Survey Mork., F— ed/tl— orp.ntogi unlf.r.e trouvee O .... .... ... ........... Iron Pipe Feond/royau 1i puce 7 ...................... s..... Iron Bar �Fpund/rlg. de f.r' ... d. tr°uv.. /I ....................... Traveree Control For at/➢olnt d.. °ntrale d. ch..].. -.t Fen. ...... ............. Fomd.LLnn A.rdatlan PVNiD 55086847 Roman Catholic Bishop of Saint John Property D- 69703 Vol- 66 Pg. 316 9 b j ry � J r� �4 4 � v C q O v a O lb Or x. P D � f it �F 11 r -:, r-l;;*" �p �4��y��° ��,u F�'c,p +�t p,? Plan /Carte de r €fbrence EGh.flc oPe I : 15,000 mistration Data /Information d'enraoistrement An Act Re: Public streets St. John Oily, Statutes of New Brun °.wick 1917, $ G,ar a V. Chapter 42, Section 2 _ _ _- Notes / t ) Mdne tiansr arc N, B. Grid azimuths derived Iram observations. on N. B. Man's. 3846, 26537 and 29882. (based n NAD6x CSRS HPN Values for N.B. Mon. 28160) / 1 } Les orieatatione s.at des azimufs do syst §me gd.dmique du N.B. derives d''bservali... des monuments 3845, 28327 at 29882. (le monument du Nouveau- Srunswiek nomem 28150 ast base sur le system' gaadesique NAD83 CSRS Yale— RHP) 2 ) All distances are. in metres . to convert to imperial eq,. -I.,t. divide by 0.3048 . 2 } Les dialanaee ..at an mist,'., Woes' divisor res —1—. a4tKgo.s par 1,3048 pour aht.air I'egUivalence impdriofe . 3 } Area of survey outlined thug 1 —o , peripheral information c ^mpiled from v h s sour . 3) Lo region arp.ra.goest montree alnsi +�� rinformotion pdripb -66,ue tut —04. de diverses sources 4) said.... at ad pIn. references ,.far to Registry Office far 4) Lei relererrces des d.do —a S 't des plans ...t du Bureau d'enregistrement du —1A de Saint John 5 ) Field ..,.y campPdled on June 25, 2013 5) L'arpentage or le ahantiar rot complete le 25 join 2013 7 364 400 6 ) All comp,totions performed and coordinates shown an this plan e. based an New Brunswick St— graphic Douhle Projection and the NAD83(CSRS) Ellipsoid a realised by Service New Brunswick High Precision Network coordinate SUNey monuments , 6) Les calculs et res cddrdd -6- mantres s e plan soot bride cur I.a projection stereagmphique double du Nouveau- Brunswick st FePlipsdde NAD83(CSRS) telies que delermine¢s par Iss coordannees Roseau de Ha Rte Preciision des monument. de Services N. 198286 53 2 534 832,211 7 354 422.848 Col.. Pt. /Pt 'ale. 55 2 534 882.745 7 354 400 -662 Calc. PL /PL col,. 63 2 534 822.096 7 364 j99.537 Colc. Pi. /Pt, aaia, 13R 2 534 872,586 7 364 377.372 Caia Pt. /Pt. col'. 302 2 534 873.451 1 364 376,988 Caic. P1, /Pt. 'd'. 303 2 534 863,241 7 364 399.801 Gala, Pt. /Pl. col.. 304 2 534 882:273 7 364 402.061 Cal., Pt. /Pl. ca k, 305 2 534 832.575 7 364 423.684 Caia. Pt. /Pt. cal,. 306 2 534 830,535 7 364 42x.577 Cal,. Pt. /Pt, calG. 307 2 534 820.418 7 364 400.285 Ca lc.. Pt, /Pt, cola. 3646 2 534 811,711 7 354 195.363 M.B. Mon,f3Aan. NB 26327 2 534 214.DD0 7 365 198.50: N.B. Mon, %Mon. NB 28160 2 535 354.190 7 363 188,895 N.6. Man.fM— NB 29882 2 535 395.754 7 364 141,345 N.B, Mcn, /Man. NB Scale Fdator a ppfl,di d't -hell' —binee utilise 1,00°030 Plan Of Survey /Rana d'Arpentage ' Showing portions of Waterloo Street, Golding Street and Rebecca Street, Montrant et des parties Rue Waterloo et Rue Golding et Rue Rebecca City of Saint John , Ville de Scint John , Saint John County New Brunswick . Comte de Saint John , Nouveau— Brunswick. Certified C,rrect/aertifid correct 8Urr1iES UR S do CONSULTANTS INC. Surveyed by/ QGt.clobe,I 2613 . Arannte par David V. Parkhill p 362.• Date New Brunswick Land Su yar /Arpeateur- gSoml:tre du Neuveou- Brunswick 4 0 4 8 12 I6 1:200 metres REPORT TO COMMON COUNCIL M &C2013 -254 November 13, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: WATERSHED PROTECTION- FOREST MANAGEMENT PLAN BACKGROUND The City of Saint John Saint John Water manages it's drinking water service based on the Multi - Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers that include: 1. Source Protection (Watershed Protection) 2. Drinking Water Treatment 3. Operations and Maintenance 4. Monitoring and Alarms (Sampling Plan, SCADA system, and record beeping) 5. Distribution System (residual chlorine, flushing, storage reservoirs, backflow prevention and cross connection control) 6. Emergency Response (contingency plans, boil order responses, safety training, etc.) These protective barriers are designed to assist in ensuring the delivery of safe drinking water by preventing contamination (from source to tap) from reaching consumers. On January 17, 2011 Council approved a motion by Councillor Farren to have staff investigate the possibility of select cutting of wood on City -owned property. This motion aligns with the goals of Saint John Water's watershed protection that would see the Utility harvest mature and over- mature sections of forest in the watershed to protect against insects, disease, and wildfire. On April 23, 2012 Common Council authorized staff to proceed with requesting a proposal from the University of New Brunswick for the development of a forest management plan for the Loch Lomond Watershed. Saint John Water engaged the University of New Brunswick's Faculty of Forestry and Environmental Management to develop a Forest Management Plan for the Loch Lomond Watershed. All aspects of the project were completed under the guidance of two Registered Professional Foresters, Brian Sergeant and Jasen Golding. 120 M &C 2013 - 254 November 13, 2013 Page 2 ANALYSIS Forest Management Planning The Loch Lomond Watershed supplies potable water to the City of Saint John. The majority of the areas within these watersheds are forested and the forest has an important role in determining the quantity and quality of the water from the watershed. Watershed properties like all other assets must be maintained to obtain the full benefit from the asset. Saint John Water considers the development and implementation of a forest management plan to be critical tool in watershed management. Goals and Objectives of the Forest Management Plan The forest Management Plan for the Loch Lomond Watershed was developed based on the following three criteria. Each of the main goals had specified objectives to achieve those goals which are listed below. Goal ?: Assess the current forest condition Objectives: 1 a) Prioritize forest stands based on potential risk lb) Conduct field inventory 1 c) Compile and categorize results Goal 2: Predict forest change over the next 50 years Objectives: 2a) Use Forest Vegetation Simulator (FVS) to predict stand level growth 2b) Assess natural change in species age and composition. 2c) Determine impact I risk to water quality Goal 3: Maintenance of long term water quality by prescribing silvicultural treatments to reduce the risk of insect infestation, disease, fire and wind. Objectives: 3a) Maintain a continuous healthy forest cover within the city -owned Loch Lomond Watershed. 3b) Implement guidelines that will produce multi -aged, low risk stand conditions 3c) Reduce the abundance of short-lived softwood tree species that are susceptible to natural disturbances 3d) Promote the abundance of long -lived hardwood tree species that provide the most stable forest structure and the lowest organic carbon in surface runoff. 121 M &C 2013 - 254 November 13, 2013 Page 3 Loch Lomond Watershed {City owned property) — Forest Composition Silviculturel and forest alterations have not been practiced in the Loch Lomond Watershed in recent years and thus the forest cover in the Loch Lomond Watershed has been free -to -grow for a number of years. The current species composition in terms of forest cover in Loch Lomond are: 37% pure balsam fir stands, 25% spruce stands, I I % intolerant mixed wood stands, 11 % softwood mixed stands, 10% tolerant mixed -wood stands, and 5% other softwood stands (it should be noted that most of the mixed stand types maintain a heavy balsam fir component). In terms of evenness of forest canopy across the watershed, there is an approximate 50150 allocation between even -age and uneven -age classes. Loch Lomond Watershed_ Forest Management Plan The Loch Lomond watershed forest management plan is focused on maintaining and improving water quality within the Loch Lomond watershed through the establishment and use of best management practices. These forest management methods include silviculture techniques, harvesting practices, and forest projections over the next 50 years. To begin implementing best management practices to Loch Lomond watershed, it is necessary to rank areas based on treatment priority. Even -age class are the most undesirable characteristic of forest stands in Loch Lomond watershed. These stand types lack continuity in terms of forest development without the presence of multiple age canopy layers, shade intolerant species are more likely to establish in these stands, and even -aged stands are more susceptible to natural disturbances compared to uneven -aged stands. The second most undesirable feature aims to reduce balsam fir composition. Balsam fir is a shallow rooted short-lived shade intolerant tree species that is highly susceptible to windthrow, insect outbreak, and fire. Selection of Priority Areas for Silvicultural Operations A total of 21 silviculture blocks were identified based on the following order of priority: • high balsam fir content ( goal is to reduce balsam fir content) • significant overstory mortality within 20 years • even -aged canopy structure • high spruce (red or white) content • suitability for salvage harvesting of overmature, marketable timber. The 21 blocks selected based on the above criteria are identified in the map attached. Management prescriptions for the silviculture blocks were generally designed to reduce balsam fir content and create an uneven age forest condition within the treatment blocks. 1 Silviculture: The art and science of executing forestry practices that deal with methods for establishing and maintaining healthy communities of trees and other vegetation to meet the goals and objectives of the landowner in a sustainable fashion (Nyland, 2002) z Tolerent: The ability of a tree species to grow and survive in the shaded understory of a forest canopy (Nyland, 2002). 122 M&C 2013 - 254 November 13, 2013 Page 4 7.22.0 Blocks 1 to 21 _ l T41 l OW Lake Second Lace 08 Loch 1 1 I Lomond 12 Lake (First Lake) la o -- 21 4 i =�• Loch Lomond Road Waterbodies Watershed Boundary ♦ Silviculture Blocks 1:35,000 0 3-a 7 14 Kilometres Silviculture Blocks t to 21 - Loch Lomond Watershed 123 M &C 2013 - 254 November 13, 2013 Page 5 Blocks Recommended for Silviculture in 2014 Block 2 In April 2013, The University of New Brunswick's Forest Engineering degree program and the Environment and Natural Resources Degree program presented the results of the Forest Management Plan to Saint John Water Staff. After reviewing the final presentations of the project, Saint John Water in consultation with The University of New Brunswick determined that Block 2 would likely be a priority for silvicultural treatment. As a result, additional field work was done in June 2013, to better assess the inventory, risk to water quality, and ground conditions of the 75 ha block. Block 2 was inventoried, modelled, and assessed for silvicultural treatment in greater detail than the other blocks.. Block 2 (75.4 ha) is located near the northern shore of Third Lake and it is the largest of the 21 identified silviculture blocks. A more detailed description of block 2, the recommended treatments and growth projections for block 2 are discussed in the Forest Management Plan for the Loch Lomond Watershed and attached to this Council Report. 7.22.2 Block 2, 2w, 2e, 2n&e, 2 s_buf - - - -- Watercourses a Cruise—Points Lakes 774,000 0 0.4 0.8 1.6 Kilometres Block 2 - Loch Lomond Watershed 124 M &C 2013 - 254 November 13, 2013 Page 6 Bloch 14 Block 14 (55.3 ha) is located near the northern shore of Third Lake and it is the second largest of the 21 identified silviculture blocks. A more detailed description of block 14, the recommended treatments and growth projections for block 14 are discussed in the Forest Management. Plan for the Loch Lomond Watershed and attached to this Council Report. 7.22.14 Block 14 -- Watercourses q\. Lakes Silviculture Block 1:3,000 0 0.3 0.6 1.2 Kilometres Silviculture Block 14 - Loch Lomond Watershed 125 M &C 2013 - 254 November 13, 2013 Page 7 Recommended General Operations from University of New Brunswick The University of New Brunswick's Faculty of Forestry and Environmental Management made the following recommendations. • It is recommended that the total area treated per year with harvesting practices in the Loch Lomond Watershed not exceed I% of the total watershed area. This is a common guideline for most managed watersheds in Atlantic Canada. • Given the available area in high risk condition in the Loch Lomond Watershed, it is recommended the larger silvicultural blocks be treated first. In New Brunswick, the Department of the Environment and Local Government's "Watershed Protected Area Designation Orders" states that selection cutting inside the setback zone can only occur from January 1st to March 1st to minimize ground disturbance. For areas outside the setback zone harvesting activities should be carried out under the same guidelines or regulations inside the setback zone. In terms of contractors and operators, it is imperative that all contracts and agreements are signed and submitted before forest operations begin. It is also recommended that a single operator /contractor be designated to carrying out all silviculture implementations inside the watershed. High levels of caution must be practiced when performing harvest operations inside watersheds. As a result of the importance of Loch Lomond Watershed, it is a best managed practice to utilize a contractor that is well trusted by the water utility, experienced in watershed forest management operations and a contractor that will abide by all guidelines, laws and regulations pertaining to the watershed. Staff Analysis Saint John Water Staff recommends proceeding with implementation of the Forest Management Plan developed by the University of New Brunswick. The revenue generated from harvesting operations is expected to cover the expenses based on the recommended silviculture treatments outlined for blocks 2 and 14. There is a potential for the Utility to receive revenues from silviculture treatments. Effective management of the City owned forest in the watershed requires silvicultural treatments every year going forward. To ensure the City is proceeding in the most effective manner to protect the watershed, Staff recommends requesting proposals for forestry operations for only one year. Upon reviewing the processes and the results of the first year of silviculture treatments, Staff will develop a report to Council that will provide long term recommendations for forest management in the watershed. 126 M&C 2013 - 254 November 13, 2013 Page 8 RECOMMENDATION It is recommended that Common Council authorize staff to proceed with requesting proposals from forestry contractors to implement silvicultural operations on blocks 2 and 14 based on recommendations from the University of New Brunswick. Respectfully submitted, Kendall Mason, P. Eng., PMP Deputy Commissioner, Saint John Water City Manager J. Patrick Woods, CGA 127 Wm. Edwards, P. Eng. Commissioner — Saint John Water ATTACHMENT - 2013 -254 7.2 Block 2 Block 2 (75.4 ha) is located near the northern shore of Third Lake. It has the largest area of the 21 silviculture blocks. It has excellent road access on the western edge from a high - quality gravel road. Although a paved highway runs along the southern edge, most of the southern edge has a swamp -like border which makes access difficult or impossible from the highway. Block 2 was inventoried, modelled, and assessed for silvicultural treatment in greater detail than the other blocks. The greater inventory coverage was a follow -up to the client's indication that Block 2 would likely be a priority for silvicultural treatment. As a result, additional field work was done in June 2013, to better assess the inventory, risk to water quality, and ground conditions. Based on the inventory, Block 2 was subdivided into four zones, each with different forest characteristics and ground conditions (map is in section 7.22.2). Overall, Block 2 shows medium to low risk to water quality. This is due to the uneven- aged structure of the canopy, the reduced concentration and impact of balsam fir compared to other silvicultural blocks, and the relative distance from the water intake at Latimer Lake (about 14 km distance). All of these factors reduce the risks of canopy loss and sediment transfer. Block 2 shows high potential for salvage harvesting of large red spruce trees which are starting to decline in the western three- quarters of the block. This would be the primary purpose of any silvicultural treatment. The secondary purpose would be to remove any significant volume of balsam fir (especially the eastern sub - block), so that long -term regeneration of red spruce is encouraged and not balsam fir. Block 2 - Detailed description Terrain The western zone contains a series of ridges or plateaus running NW to SE, sub - divided by small streams every 100 to 200 in which have cut modest depressions into the landscape. From west to east there is a regular pattern: plateau or ridge, downslope, stream, upslope, plateau or ridge, etc. Stream banks are sound, low, and show no erosion. This suggests that the streams are coming from small watersheds, and are less vulnerable to overflow due to high rain events. Concerning road planning and machinery access, the terrain would make mechanical access somewhat tricky 61 128 in some areas since the slopes descending to the streams are 15 to 30 %, and the terrain is frequently changing. The western zone contains random, huge boulders (2 x 4 x 2 m) deposited randomly every 100 to 300 in in places. These do not impede access, and make for an interesting landscape effect. They suggest that there is plenty of rock below the surface. The ground is pit and mound with lots of visible, moss - covered rocks. The northern half is noticeably drier than the southern half with significantly less stream density, changes in slope, and geological variability. The eastern zone contains evidence of old fields (with rock piles) which have been reforested. The ground surface shows little pit and mound effect, unlike the western zone. The site quality (especially soil depth) is noticeably better than the western zone. There are two small, separated sections in the northern and eastern edges of Block 2 (identified as the "north &eastern" zone) that contain mixedwood species - -- mostly WB, YB and RS with areas that are predominantly BE In this area, there is a much greater variety of forest cover types. Hardwood trees (especially birch) grow much better here. It has a very low risk to water quality, and is not included in the silvicultural treatment area for Block 2. The southern edge of Block 2 follows a series of bogs and swamps adjacent to Third Lake. It forms a very irregular forest edge that arises steeply out of the wetlands. Most of the area is not suitable for silvicultural treatments due to wetland and water course buffer regulations. The predominance of wetlands and the steep slopes (although short in length) restrict access from the south. This narrow area along the south edge is identified as the "south buffer" zone. It is not included in the silvicultural treatments area for Block 2. Tree species What is noticeable over the entire Block 2 is the wide variability of tree species, sizes and densities from plot to plot. There is nothing "uniform" about the forest cover, although generalities can be assumed over large areas. This variability is due, in part, to the underlying terrain. Spruce (SP): Spruce is the most visible part of the forest cover. It consists of a randomly spaced, large (predominantly red) spruce trees, age 70 - 100 years, sparse (about 2 to 4 per plot), 62 129 located throughout the western and east sections. Tree diameters are 30 - 45 cm; heights are 14 to 19 m. The spruce trees are likely remnants of an old SBW infestation which killed the BF, leaving the random, large, legacy SP. This is probably why the SP trees show signs of large thick crowns with heavy branching at the top, indicating a relatively open grown condition. Total height is shorter compared to their large diameters. There is not a lot of spruce in the middle canopy. This suggests that harvesting the older spruce may encourage a greater composition of BF, WB and RM species as a long term response, due to the relatively lower density SP regeneration compared to the overstory. The sapling and regenerating species are evenly split between SP, BF and IH (white birch and red maple). This suggests some reason to leave the healthiest spruce trees as a seed source. The large spruce trees are fully exposed to winds but have survived well in the past showing good buttressed trunk growth. They are now more sheltered by a dense middle canopy layer. The large spruce trees are likely susceptible to blowdown in an unusually strong wind storm. However, nothing in the last 50 years has dislodged them. This would suggest good resilience to normal weather events. Spruce trees on the eastern side are healthier and indicate another 10 to 30 years of growth before decline might begin. The spruce trees on the western side are not as healthy and may die out in 5 to 20 years. It would seem that the rockier soil on the western side is reducing longevity, although not necessarily tree size. Black spruce is the dominant species on the southern edge of Block 2 which borders the bogs and swamps of Third Lake. This area is very rugged with steep, short slopes and rocky sharp ridges. Parts of this area would not be partially harvested due to buffer restrictions and difficulty of access. Balsam Fir (BF): Balsam fir trees are smaller, and not the dominant species in the upper canopy. BF shows clear signs of declining where spruce are dominant. There are pockets where BF dominates, but only as intermediate size. There is a healthy layer of balsam fir regeneration in many places. This suggests that balsam fir can readily populate the area, especially in the eastern section which currently has more BF volume than SP, but that SBW infestation(s) in the part have favoured the growth of spruce. Eastern White Cedar (WC): Large, healthy cedar trees dominate the stream areas, creating mini stands of nearly pure WC. Few other species grow adjacent to the stream areas, except BS near 63 130 the southern shoreline area. The cedar trees are very healthy. They are not found elsewhere in Block 2. White birch: White birch is a lesser species in the middle canopy throughout Block 2, except for small areas in the north and eastern corners where yellow and white are very common and show much better quality. For the rest of the block, the birch is generally very poor quality - -- crooked stems, low height, not vigorous. Some birch is found near most plots, so it will certainly regenerate with ease, but it is definitely as not a species that is well- suited to this area, except in the north and eastern edges (where the soil is better and drier). Red Maple: Red maple occurs as a lesser species in the middle canopy throughout the block. It shows better form and growth than birch, but is definitely out - competed by SP and WC. Silviculture assessment Spruce grows better than any other species on this block. Balsam fir can do well, but there are indications that previous SBW infestation(s) have significantly limited its composition. Cedar grows very well on wet areas near stream banks. White birch shows much poorer form and growth in areas where spruce does well. Red maple shows modest form and growth. Therefore, silviculture should attempt to promote the growth of spruce, limit the growth of balsam fir, and not focus on encouraging the development of a mixedwood stand. Exceptions are the small areas in the "north &eastern" zone, however these areas do not require silvicultural treatment. 7.2.1 Block 2w Block 2w represents the western two- thirds of Block 2. The area has excellent vertical structure (many canopy layers) and good diversity of species. The dominant feature on the landscape is the random distribution of very large red spruce (30 to 50 cm DBH, 15 to 20m HT) which tower above the rest of the canopy. Other notable features are the rocky, uneven terrain which produces a high variability in species composition, density and tree size from plot to plot. Overall, the block contains primarily softwood species - -- balsam fir (30 %), red spruce (34 %), black spruce (15 %), eastern white cedar (6 %) - -- with lesser amounts of poor quality hardwood - -- paper birch (10 %) and red maple (4 %). Red spruce is the best - suited species for this area since its long term growth is significantly better than balsam fir. Hardwoods show very poor quality with low heights and poor form, especially paper birch. Of concern is the relative lack 64 131 of red spruce regeneration compared to balsam fir in many locations. Therefore, the healthiest red spruce trees should be left standing as seed trees to promote red spruce regeneration. There are many small streams that cover the area (at least five). The stream banks are usually covered by nearly pure, healthy, large cedar stands. The area is rated a moderate risk to spruce budworm infestation due to the predominance of spruce and fir in the canopy. Many of the large red spruce are beginning to show significant decline in vigor. The trunks are buttressed well and show good wind resistance. However, extremely high winds could cause significant blowdown. The greatest opportunity in this block is to salvage the declining, large red spruce while they are still economic to harvest, and to remove as much of the balsam fir as possible to prevent its composition from significantly increasing. It is recommended that the following species be removed using a thinning treatment: balsam fir ( >= 15 cm), red spruce ( > =35 cm), and black spruce ( >= 35 cm), resulting in an approximate 34% volume removal. This treatment will leave intermediate sized red and black spruce and the healthiest large spruce as seed trees to help establish spruce regeneration. The removal of balsam fir should increase the regeneration success of spruce. Block 2w - Initial Condition 132 65 Block 2w - Initial Condition A, 50 years Block 2w — Post Treatment Tire 133 .. Block 2w — Post Treatment A 50 Years Figure 10. Growth projections for Block 2w including initial condition, post treatment @ 1 year, and post treatment response @ 50 years. 7.2.2 Block 2e Block 2w represents the eastern one - quarter of Block 2. The area has excellent vertical structure (many canopy layers) and good diversity of species. The dominant feature on the landscape is the random distribution of very large red spruce (30 to 50 cm DBH, 15 to 20m HT) which tower above the rest of the canopy. The area has better soil depth and quality than the western zone, with more even water distribution, which has favoured a higher balsam fir composition. Overall, the block contains primarily softwood species - -- balsam fir (60 %), red spruce (27 %) and eastern white cedar (2 %) - -- with lesser amounts of poorer quality hardwood -- - paper birch (8 %) and red maple (3 %). Red spruce is the best - suited species for this area since its long term growth is noticeably greater than balsam fir. Hardwoods show very poor quality with low heights and poor form, especially paper birch. Of concern is the greater composition of balsam fir, the relative lack of red spruce regeneration compared to balsam fir in many locations, and the likely dominance of balsam fir if the red spruce in the upper canopy is removed. Therefore, the healthiest red spruce trees should be left standing as seed trees to 67 134 promote red spruce regeneration. There are a number of small streams that cover the area. The stream banks are usually covered by nearly pure, healthy, large cedar stands. To maintain stream buffer health, these trees should not be selectively harvested. The area is rated a moderate risk to spruce budworm infestation due to the predominance of fir and spruce in the canopy. Many of the large red spruce trees show good health. It may be 10 to 30 years before a majority of these trees begin to show a significant decline in vigor. The trunks are buttressed well and show good wind resistance. However, extremely high winds could cause significant blowdown. The greatest opportunity in this block is to remove as much of the balsam fir as possible to prevent its composition from significantly increasing. As a second priority, any weaker, declining, large red spruce should be salvaged while they are still economic to harvest. In terms of sequence, the western zone of Block 2 should be treated first, since the condition of the large spruce trees is noticeably poorer. It is recommended that the following species be removed using a thinning treatment: balsam fir ( >= 18 cm) and red spruce ( > =40 cm) resulting in an approximate 36% volume removal, most of which is balsam fir (86% of total volume removed). This treatment will leave intermediate sized and healthy mature spruce as seed trees to help increase spruce regeneration. Block 2e - Initial Condition 135 RIJ Block Ze — Initial Condition (a, 50 Years Block Ze — Yost 'Treatment 1� 136 .• Block 2e — Post Treatment (& 50 Years Time:' Figure 11. Growth projections for Block 2e including initial condition, natural development @ 50 years, post treatment @ 1 year, and post treatment response @ 50 years. 7.2.3 Block 2n &e Block 2n &e are two smaller sub -areas of Block 2 which have a very different species composition compared to the softwood- dominated areas typical of Block 2. One area is almost completely surrounded by Block 2w; the other is bounded by privately -owned property on the east side. The species composition contains paper birch (40 %), yellow birch (36 %), and balsam fir (11 %), and the small amounts of red maple and red spruce. The block is uneven -aged showing excellent species composition and structure for maintaining water quality. After 50 years, modelling predicts that balsam fir will double to 25% with a corresponding decrease in red maple and yellow birch. However, the model does not compensate for the predicted impact of climate change which will significantly reduce the occurrence of balsam fir and increase the growth rates of red maple and yellow birch. Also, we 70 137 expect a greater diversity of regenerating trees than what the model is predicting, especially red maple and yellow birch,. The block is currently well - suited for maintaining excellent water quality. No treatment is recommended at this time. Block 2n &e - Initial Condition Tit Block 2n &e — Initial Condition (a, 50 Years 71 138 Time: Year 50 Figure 12. Growth projections for Block 2n &e including initial condition and natural development @ 50 years. 139 7.14 Block 14 Block 14 (58.1 ha) is a multi -aged stand dominated by red spruce (31 %), eastern white cedar (30 %). Balsam fir (16 %), paper birch (14 %), large -tooth aspen, yellow birch, red maple, and black spruce comprise the rest of the volume. Some advanced balsam fir and spruce regeneration is present. It has a desirable species composition and good vertical layering of the canopy. To minimize risk, it is important to keep the balsam fir component low, especially since most of the natural regeneration is balsam fir. Also there is the likely economic benefit of salvaging the larger, declining red spruce. To reduce the abundance of balsam fir and improve the condition of the block, a diameter limit thinning treatment should remove balsam fir ( >= 12cm) and declining red spruce ( >= 20cm). This represents a volume reduction of approximately 33 %. Balsam fir should be targeted first, and then spruce that are likely to die out in the next 5 to 10 years. A successful treatment will encourage a diversity of species regenerating in the open spaces rather than a predominance of balsam fir. Block 14 - Initial Condition 95 140 Block 14 — Post Treatment Figure 24. Growth projections for Block 14 including initial condition, post treatment @ 1 year, and post treatment response @ 50 years. 141 REPORT TO COMMON COUNCIL M &C2013 -264 November 18, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: Project Update — Prince William Street (Princess Street to Duke Street) Street Reconstruction BACKGROUND The approved 2013 General Fund Capital Program includes a design project for the reconstruction of Prince William Street from Princess Street to Duke Street. The design work is nearing completion and involves renewal of the existing watermain and sanitary sewer, installation of a new storm sewer and street reconstruction including new granular materials, curb and sidewalk, underground utilities, asphalt base and surface courses and landscaping. The reconstruction of this section of Prince William Street is being proposed under the 2014 General Fund and Water & Sewerage Utility Fund Capital Programs. PURPOSE The purpose of this report is to update Council on the status of this project and to seek Council's direction on the type of curbing that is to be installed as part of this street reconstruction project. ANALYSIS Curbing Options: The City of Saint John entered into a Consulting Engineering Agreement with CBCL Limited for the design and construction management for the reconstruction of Prince William Street between Princess Street and Duke Street. As part of this agreement, the Consultant was to conduct a costibenefit analysis comparing the installation and maintenance of granite curbing versus concrete curbing. The analysis was to consider the re -use of as much of the existing granite curbing as possible as well as the installation of all new granite curbing and the installation of all new concrete curbing. 142 M & C 2013 — 264 November 18, 2013 Page 2 The following table summarizes the three curbing options reviewed by the Consultant; OPTION Re -use Existing Granite Curbing Installation of New Granite Curbing • • • • ADVANTAGES Recycling of existing materials; Visually attractive; and May lower costs of installing granite curbing. Most aesthetically appealing of all curbing options; Minimal frost movement when installed properly; and Fits in well with the Trinity Royal (North) Heritage Zone. Installation of • Can be installed very quickly; Concrete Curbing • Least expensive of all options; • Can be easily tied into streets having similar concrete curb; and • Small areas can be easily repaired. DISADVANTAGES • Less than 50% of existing curbing pieces are usable; • Damage to curbing during removal possible, thereby farther reducing amount available; • Curb is not saw cut like other sections of Prince William Street. Would require additional effort to saw cut existing pieces; • Additional pieces required to complete street — may not be able to match; and • Overall cost savings may not be realized due to additional efforts required to re- install (removal, saw cutting, matching). • Most expensive option — as much as four times the cost of concrete curbing; • Can become damaged from snow plows at the traffic calming bulb sections (at intersections) during winter plowing operations; • Few contractors are proficient at installing correctly; and • Longer installation time than concrete curbing. • Not as aesthetically pleasing as granite curbing, and • Can become damaged quickly from snow plows at the traffic calming bulb sections (at intersections) during winter Upon a thorough review of the options above, it is not recommended that the existing granite curbing be re -used for the street reconstruction project. The limited quantity of suitable curbing available on the street and in the current City stockpile does not appear to be sufficient to complete the project. There are also the issues of potentially damaging additional sections of curbing during the removal process and the additional effort required to attempt to match new curbing with the existing curbing for a consistent look on the reconstructed street. 143 M &C2013 -264 November 18, 2013 Page 3 To further evaluate the two remaining options, the life expectancy of concrete curb and granite curb was reviewed. There were no records of when the existing granite curbing on this section of Prince William Street was installed. The existing granite pieces are in relatively good shape and after reviewing the surrounding infrastructure (sidewalk, asphalt pavement, water and sewer piping) it is clear that granite curbing would be one of the last materials to degrade. It is more likely that the surrounding infrastructure would require reconstruction prior to granite curbing deteriorating to the point of replacement. The renewal of surrounding infrastructure may damage the granite and would likely require it to be re -set as part of the street reconstruction. Therefore, it is believed that a realistic life expectancy for granite curbing is 50 years. Concrete curbing has also shown that it can last for several years. Curbing in the uptown area tends to receive harsh wear from snow plows during plowing operations due to limited space to pile the snow. The curbing would see further wear during frequent snow removal operations. Given these conditions, it is believed that a realistic life expectancy for concrete curbing would be approximately 25 years. Granite Curbing: Prince William Street (Grannan Street to Princess Street) Concrete Curbing: Princess Street (Germain Street to Prince William Street) Public Works and Government Services Canada Heating Tunnel: In 1957, Public Works and Government Services Canada (PWGSC) installed a private heating tunnel to service three of their buildings located at #115, #126 and #189 Prince William Street. This tunnel is no longer in use and occupies a significant portion of the municipal right -of -way. A diagram of the limits of this tunnel has been attached to this report. During the preliminary investigation of this section of Prince William Street, the private tunnel was identified as a design constraint. Staff discussed this tunnel with representatives from PWGSC, who were supportive of its removal. A copy of a letter from PWGSC confirming their support is attached to this report. By removing the tunnel, the City will be able to install the new watermain and sanitary and storm sewers while leaving the existing watermain and sanitary sewer temporarily in service. The existing watermain must remain in service until the new watermain is ready for service as the City is not able to provide a sufficient temporary water supply to the buildings, especially for the provision of adequate fire flows. 144 M &C2013 -264 November 18, 2013 Page 4 There are also concerns that by leaving the tunnel in place, given its relatively shallow cover, it may cause cracking to occur in the newly constructed asphalt surface. The removal of the tunnel will allow for a proper granular base to be constructed for the full width of the street and will alleviate the concern relative to reflective cracking along the tunnel limits. Conversion of Overhead Utility Services to Underground Services: Staff has been working with staff from Saint John Energy to plan the conversion of the existing overhead utilities to underground as part of the street reconstruction project. Saint John Energy has indicated a willingness to take part in the project and has committed to cover all material, labour, engineering and project management costs for the conversion of the overhead high voltage line to underground. As in past street reconstruction projects, the City would be responsible for the costs associated with the installation of the underground conduits and vaults, the conversion of the individual services and the street lighting. A copy of a letter from the President and CEO of Saint John Energy confirming their commitment to this project has been attached to this report. FINANCIAL IMPLICATIONS Curbing Options: The following table provides estimates of the probable costs for the installation of new granite curbing and concrete curbing: OPTION LENGTH MITTRE) PRICE PER METRE* ESTIMATED COST New Granite Curb 400 $500.00 $200,000.00 Concrete Curb 400 $125.00 $50,000.00 *Includes all gravels and labour to install each option including concrete footing for granite curbing Based on the expected service life of the two materials, concrete curbing would need to be installed twice before the granite curbing would need to be replaced. Assuming the relationship of the costs for the two materials remains relatively the same over the next 50 years, concrete curbing would be able to be replaced four times for the same cost for installing the new granite curbing once. Should the granite curbing option be chosen for this section of Prince William Street, the street reconstruction budget would need to be increased by $150,000. Public Works and Government Services Canada Heating Tunnel: The City's engineering consultant provided an estimate of approximately $156,125 (including a $15,000 contingency allowance) to fully remove the tunnel. This was reviewed with PWGSC and they have indicated they would be willing to contribute a set amount of $94,625 towards the costs of removing the tunnel. Staff have reviewed this amount and believe it is reasonable, If 145 M &C2013 -264 November 18, 2013 Page 5 the tunnel was left in place, the City would still have to incur costs to install the new municipal services through the tunnel. Conversion of Overhead Utility Services to Underground Services: Saint John Energy has indicated an amount of $185,000 has been approved for 2014 to complete their portion of the overhead utility conversion to underground services on Prince William Street between Princess Street and Duke Street. In addition, Saint John Energy will undertake the conversion of the individual services as well as the supply and installation of the street lighting and bill these costs to the City. These costs are currently estimated at approximately $127, 200, including HST. The City will also be responsible for the costs associated with the installation of the underground conduits and vaults for the utilities, currently estimated at approximately $595,000, including HST. RECOMMENDATION It is recommended that: 1. Common Council provide direction to staff on which of the two curbing options should be utilized on Prince William Street between Princess Street and Duke Street; 2. The City accept the financial contribution of $94,625.00 from Public Works and Government Services Canada for the removal of the abandoned heating tunnel on Prince William Street; and 3. Common Council endorses the participation of Saint John Energy in the relocation of the overhead services to underground services on Prince William Street from Princess Street to Duke Street. Respectfully submitted, I 4 Kevin O'Brien, P.Eng. Municipal Engineer Wm. Edwards, . ng. Commissioner Transportation & Environment 146 Brian Keenan, P.Eng. Engineering Manager J. Patrick Woods, CGA City Manager 147 tPunic Works and Travaux publics et Government Services Services gouvernementaux Canada Canada September 13a`, 2013 Kevin J. O'Brien, P.Eng Municipal Engineer Municipal Operations & Engineering PO Box 1971 Saint John, NB E2L 4L1 Subject: Tunnel Removal, Prince William Street, Saint John, NB I am hereby confirming our department's commitment to provide the City of Saint John with a lump sum of $94,625.00 to fund work related to the removal of the underground tunnel linking the Saint John Customs and Postal Station "A" buildings on Prince William Street. The amount funded reflects the specific scope items as negotiated and agreed to in our email thread dated July 22nd, 2013, at approximately 10:2 lain (included for reference). The amount funded is to be final regardless of the outcome of tendering or the project implementation and will absolve the Crown of any future interests in the tunnel. If you have any questions, please do not hesitate to contact me at (506) 851 -6964. Le 13 septembre 2013 Kevin O'Brien, P.Eng Ingenieur municipal L'ingenieric et operations municipales C.P. 1971 Saint Jean N. -B. E21, 4L1 Objet : Suppression du tunnel, rue Prince William, Saint Jean N. -B. Je vous confirme par la presente Fengagement du ministere de vous fournir 94 625,00 $ pour les travaux lies a la suppression du tunnel reliant les batiments Saint Jean Douanes et Station Postal « A » sur la rue Prince William. Le montant finance reflete les points specifiques de 1'etendue tel que negocies et convenus, suite a notre serie de courriel en date du 22 juillet 2013, a peu pres vers 10h21 (inclus pour reference). Le montant finance est final quel que soit le resultat des appels d'offres ou la mise en oeuvre du projet et dechargera 1a Couronne de tout interet a venir a propos du tunnel. Si vous avez des questions, s'il vous plait n'hesitez pas a communiquer avec moi (506) 851 -6964. Diane Wade Asset Manager 1 Gestionnaire des biens Asset and Facilities Management Section / Section de la gestion des biens et des installations Canada Um SakitJvhi The Power Commission of the City of Saint John 235 Simms Street — PO Box 850 — Saint John — NB - E21A 31-6 October 29, 2013 Mr. Brian Keenan, P. Eng. City of Saint John PO Box 1971 Saint John, NB E21- 41-1 Re: Prince William Street Reconstruction Dear Brian: Saint John Energy will be participating in the reconstruction of Prince William Street to the amount of $185,000.00 as approved by our Board for the 2014 budget year. The approved amount entails Saint John Energy's cost to convert the overhead high voltage line to underground from Princess Street to Duke Street along Prince William Street, as per the City's limits of contract. Saint John Energy's contribution encompasses all material, labour, engineering and project management costs in the above amount. Costs that are excluded from Saint John Energy's contribution that require a purchase order are as follow: Conversion of services (including material & labour) = $56,380.84 f tax Street lighting (including material & labour) = $56,119.13 { tax All civil costs for this conversion are assumed to be by the City of Saint John as in previous street conversions. It is our understanding that the City has the estimated civil costs. Please give me a call if you have any questions regarding this project. Yours truly, Ray Robinson, P.Eng. President & CEO Cc: Darin Lamont Jeffrey Evans Bill Edwards Kevin O'Brien Tel (506) 658 -5252 - doll Free - 1- 877 -907 -5550 - fax (506) 658 -0868 — www.sjenergy.com 149 REPORT TO COMMON COUNCIL M December 2, 2013 His Worship Mayor Mel Norton & Members of Common Council Your Worship and Members of Council: SUBJECT: Proposed Operating Budget Water & Sewerage Utility Fund 2014 BACKGROUND 77 lit- The City of saint john Council will find attached two proposed options for the 2014 Water & Sewerage Operating Budget, labeled Option 1 and 2. While both proposed budgets contemplate similar expenditures and revenues, there is a significant policy difference in the two; that being the issue of fluoridation. The proposed budgets are an extension of the 2013 Operating budget, adjusted to reflect increases in anticipated expenditures, and debt servicing requirements. Over the next few years, the Utility will be investing heavily in the Safe, Clean Drinking Water (SCDW) project, as well as continuing to invest in infrastructure renewal. The Operating Budget of the Utility is structured on a user pay basis. The expenditures, including debt repayment, must be offset by revenues on an annual basis. Revenues are generated solely by the users of the Utility and consequently expenditures must be managed such that the cost to users remains affordable. Council, in establishing the 2013 water rates, acknowledged that rates must increase incrementally over the next few years in order to adequately fund the significant expenditures to be incurred for quality improvement. The attached operating budgets recommend an increase in user rates of approximately 7.1 % for 2014. This increase is an across the board increase equally impacting all users of the system. The flat rate customer charge being recommended for 2014 is $1,080. This is consistent with the costs projected in the 2013 budget. Proposed Budgets Option 1 and 2 As stated above, the expenditures and revenues in both budgets are essentially equal. The major difference in the two is keeping fluoridation under option 1 or deleting fluoridation and using the savings to fund in house work, option 2. 150 M & C 2013 -273 December 2, 2013 Page 2 There are compelling arguments to be made both for and against the addition of fluoride to our drinking water. Previous Councils have considered those arguments and concluded that the health advantages of adding fluoride outweigh the disadvantages. Fluoride has been added to our water since 1992 and continues today. No Council, however, has explicitly examined the cost/benefit aspect of adding fluoride to our water. The following information is provided for Council's consideration when evaluating the merits of the proposed Option 1 and Option 2 budgets. The annual cost of fluoride is approximately $177,000 for product alone. In addition, the design of the new water treatment plant includes $650,000 of capital related to fluoride for which debt service charges would be funded through the operating budget. it is estimated that less than 1 % of treated water is actually consumed by persons. By far, most of the fluoridated water does not reach its target (persons). Based solely on the program inefficiency, staff recommend that Council discontinue the fluoridation process when current supply is exhausted. Should Council agree with this position, proposed Option 2 is recommended. 2014 Review of Water Rates and Rate Structure Water and sewerage systems in New Brunswick are required by law to be constructed, operated and maintained on a user - charge basis. The challenge in Saint John is that not all users are the same; users range from residential households that consume relatively small quantities of water to large industrial customers that consume large quantities. Given the diverse customer base, the City must determine how to equitably distribute the water and sewerage costs to all users based on sound principles and a logical approach that can be defended in a public forum. To achieve this objective, it is critical that the City periodically have an independent third party review of the rates, rate structure and associated Utility policies and procedures. The most recent rate review was conducted by Touchie Engineering dated October 30th, 2008 entitled, "Review of Rates and Rate Structure Options ". The review is principled by full cost recovery and user pay based on the "American Water Works Association" (AWWA) M1 manual entitled "'Principles of Water Rates, Fees and Charges ". 2 The M1 manual is one of the leading resources used by utilities in setting water and sewerage rates across North America. Much has transpired since 2008 with respect to cost allocation, most notably the significant investment in the City's wastewater treatment facilities and related infrastructure, the significant progress made in the Safe, Clean Drinking Water project which will 'include the creation of an East Industrial Water System, as well as consumption data and patterns require updating. 1 Touchie Engineering, Review of Rates and Rate Structure Options, Final Report, October 30,2008 2 American Water Works Association, Principles of Water Rates, Fees and Charges; M1 Manual of Water Supply Practices, Fifth Edition, 2000 151 M & C 2013 -273 December 2, 2013 Page 3 Considering it has been over 5 years since the last rate review, $150,000 has been included in the 2014 Operating Budget to conduct a new review. The review is a significant undertaking; for example the 2008 rate review involved many months of work and collaboration between various City departments and the independent third party expert. Notwithstanding, the investment in the review will guide pricing policies for the Utility into the future. Safe Cleaning Drinking Water P3 Project Staffing Apart from the obvious need to demonstrate financial capacity, staffing is key to achieving a successful procurement and a successful project. Included in this budget is approximately $260,000 plus fringe benefits to fund critical temporary resources in Records Management, Office Administration, Communications and a part-time Procurement Specialist. ANALYSIS As Council is aware, Saint John Water has adopted a service -based budget format beginning in 2012. The service -based budget approach allows Council and the public to understand explicitly the costs associated with the delivery of each of the specific services provided by the Utility. Appended to this report is a summary of the service -based budget for 2014. The stated service level, the expected service outputs, the anticipated impact of service delivery, as well as the resource requirements are outlined for each subservice of the Utility. All of these services collectively express the organizational goals and objectives of the Utility. RECOMMENDATION Common Council having given due consideration to the objectives of Saint John Water, and acknowledging the inherent costs associated with providing services to achieve the goals, is requested to adopt the following recommendation: It is recommended that Common Council adopt the following resolutions:. 1. RESOLVED that the estimated revenue for the Water and Sewerage Utility for the year 2014 in the amount of $39,097,000 be adopted (Appendix "B "); 2. RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 2014 in the amount of $39,097,000 be approved (Appendix "A" — Option 2); and 3. RESOLVED that the By -Law entitled A By -Law to Amend a By -Law Respecting Water & Sewerage (Appendix "C ") be given first and second reading Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Transportation & Environment Services 152 J. Patrick Woods, CGA City Manager Appendix "A" - Option #1 including Fluoride Saint John Water - Expenditure Budget Operating Expenditures 2013 Budget irBudget 2014 2015 I BudgetA 2016 Budget 2017 40 Budget DrinkingAVater Watershed Management 244,000 251,000 246,000 253,000 258,000 Water Treatment 2,076,000 2,318,000 2,330,000 2,356,000 2,379,000 Water Pumping & Storage 1,086,000 1,134,000 1,139,000 1,157,000 1,170,000 Transmission & Distribution 4,456,000 4,698,000 4,741,000 4,827,000 4,894,000 Customer Metering 708,000 710,000 711,000 724,000 735,000 IndustrialAVater Watershed Management 403,000 474,000 470,000 478,000 484,000 Water Pumping & Transmission 1,063,000 1,031,000 1,038,000 1,057,000 1,074,000 Customer Metering 100,000 113,000 101,000 105,000 106,000 Wastewater Wastewater Pumping 2,180,000 2,253,000 2,278,000 2,316,000 2,352,000 Wastewater Collection 2,604,000 2,656,000 2,689,000 2,735,000 2,782,000 Wastewater Treatment 4,208,000 4,400,000 4,462,000 4,535,000 4,609,000 InfrastructureW anagement Municipal Engineering 1,099,000 1,259,000 1,239,000 1,263,000 1,285,000 Oth er3n tern alTharges 542,000 614,000 624,000 630,000 638,000 NetTensionTosts 1,196,000 1,335,000 1,362,000 1,389,000 1,417,000 Fiscal Charges Debt Servicing 9,229,000 8,110,000 1 9,938,000 1 10,168,000 10,045,000 Capital from Operatingi 6,485,000 7,741,000 7,871,000 9,389,000 11,306,000 Total Fiscal Charges ��� :�• ��� ��� iii Total Expenditures ��� �• ��� ��� ��� oil 153 Appendix "A" - Option #2 exluding Fluoride Saint John Water - Expenditure Budget Operating Expenditures 2013 Budget irBudget 2014 2015 I BudgetA 2016 Budget 2017 40 Budget DrinkingAVater Watershed Management 244,000 251,000 246,000 253,000 258,000 Water Treatment 2,076,000 2,143,000 2,155,000 2,181,000 2,204,000 Water Pumping & Storage 1,086,000 1,134,000 1,139,000 1,157,000 1,170,000 Transmission & Distribution 4,456,000 4,763,000 4,806,000 4,892,000 4,959,000 Customer Metering 708,000 710,000 711,000 724,000 735,000 IndustrialAVater Watershed Management 403,000 474,000 470,000 478,000 484,000 Water Pumping & Transmission 1,063,000 1,031,000 1,038,000 1,057,000 1,074,000 Customer Metering 100,000 113,000 101,000 105,000 106,000 Wastewater Wastewater Pumping 2,180,000 2,253,000 2,278,000 2,316,000 2,352,000 Wastewater Collection 2,604,000 2,673,000 2,706,000 2,752,000 2,799,000 Wastewater Treatment 4,208,000 4,400,000 4,462,000 4,535,000 4,609,000 InfrastructureW anagement Municipal Engineering 1,099,000 1,327,000 1,307,000 1,331,000 1,353,000 Oth er3n tern alTharges 542,000 614,000 624,000 630,000 638,000 NetTensionTosts 1,196,000 1,335,000 1,362,000 1,389,000 1,417,000 Fiscal Charges Debt Servicing 9,229,000 8,110,000 1 9,938,000 1 10,168,000 10,045,000 Capital from Operatingi 6,485,000 7,741,000 7,871,000 9,389,000 11,306,000 Total Fiscal Charges ��• :•• ••• �•� i•• Total Expenditures �•• �• �•• �•• �•• o•• 154 Appendix "B" Saint John Water - Revenue Budget 2014 Revenues Flat Rate Accounts 16,665,000 M. .•• -. 17,591,000 • .• 18,781,000 • •• • .• 19,974,000 21,153,000 Metered Accounts 17,419,000 17,787,000 18,687,000 19,636,000 20,575,000 Fire Protection Levy 2,270,000 2,340,000 2,420,000 2,460,000 2,490,000 Storm Sewer Levy 1,100,000 900,000 910,000 925,000 940,000 Other Revenues 151,814 250,000 250,000 250,000 250,000 Previous Year's Surplus 73,186 229,000 191,000 137,000 126,000 Total Revenues 0.2557 M f �• �•• ••• i•• ��• Key Metrics: Flat Rate - Water & Sewerage 1,008 1,080 1,152 1,224 1,296 Meter Rates: Block 1 1.1380 1.2188 1.3005 1.3824 1.4633 Block 2 0.7247 0.7761 0.8281 0.8803 0.9318 Block 3 0.2557 0.2739 0.2922 0.3106 0.3288 Debt Service Ratio 24.49% 20.50% 23.79% 23.14% 21.78% 155 Appendix "C" Proposed 2013 Changes By -Law Number M -16, A By -Law Respecting Water and Sewerage (Water and Sewerage Utility Fund) A BY -LAW TO AMEND UN ARRETE POUR MODIFIER A BY -LAW RESPECTING WATER AND ARRETE CONCERNANT LES RESEAUX D'EAU ET SEWERAGE D'EGOUTS BeCLtCenactediby (Common(Council(ofCthe(City LeCconseilCcommunalCdeChe (CityCof(SaintgohnC o f(S aintgohn, Cas (follows: C edicteCC A( by- lawCofCthe (CityCof(SaintgohnCentitledCAC ParC esCpresentes ,C'arreteCdeC'he(CityCof(SaintC By- law (RespectingMaterCand(Sewerage "C John Clntitul G(ArreteCconcernant (lesCreseauxC enactedOnCtheG1thQayCofgune ,(A.D.(Z004,CiisC d' eauCetCd' egoutsC v,CedicteaeQguinCZ004,CestC hereby(amended(as(follows:C modifieCcommeCsuitCC 1. Schedules CA" CandCB "Care Crepealed Can dC 1. (Les ( annexesQ (AG CetQ(BG2ontQbrogeesCetC the( followingCareCsubstitutedCtherefor. sont remplacees par celles qui figurent aux presentes.0 C C MayorCorCtheCmemberCofCthe (CouncilCwhoC MaireCouCmembreCduCconseilCquiCpresidait (CaC presided CatCtheCmeetingQt (whichCLt(wasC reunionCa( Caquelle(C'arreteCaCeteCedicteC enacted;Cand /C C C Common(C1erkC GreffiereCcommunaleC C C First(Reading(C C Premiere (lecture C C Second(ReadingC C Deuxieme(CectureC C Third(ReadingC C Troisieme(CectureC C 156 A BY -LAW RESPECTING WATER AND SEWERAGE SCHEDULE "A" ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS ANNEXE «A» Effective January 1St, 2014/ En vigueur le 1 er janvier 2014 157 Flat rate customers Tarif forfaitaire pour F1atCrate(customersC YearlyC $486.54C Tarif(forfaitaireCpourC TarifC 486,54($C Water CchargeC C leAchentsC annuelC RedevanceGur (I'eauC 157 A BY -LAW RESPECTING WATER AND SEWERAGE SCHEDULE "B" Effective January 1St, 2014 METERED CUSTOMERS Monthly (by m3) Consumption (m3) Rate METERED CUSTOMERS - Meter Size Yearly ($) WATER SERVICE CHARGE Monthly ($) Bi-Monthly 15mmC 216.36 18.03 36.06 20mmC 264.84 22.07 44.14 25mmC 361.68 30.14 60.28 40mmC 475.56 39.63 79.26 50mmC 948.72 79.06 158.12 75mmC 1,971.48 164.29 328.58 100mmC 3,428.52 285.71 571.42 150mmC 5,388.24 449.02 898.04 200mmC 7,742.40 645.20 1,290.40 250mmQ@pC 10,485.96 873.83 1,747.66 METERED CUSTOMERS Monthly (by m3) Consumption (m3) Rate =I ($ /m3) - CONSUMPTION CHARGE Bi- Monthly (by m3) Consumption (m3) Rate ($ /m3) ForCheffirst(SOC ForCheffirstC100C :S •• 1 1 1 1 1 • •- • Y' 1 1 1 1 1 • • .•• 1 11 • .•• 1 11 158 ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS ANNEXE << B >> En vigueur ter janvier 2014 159 Dimension — FRAIS DE CONSOMMATION Frais ($ /m3)A MENSUEL ET BIMESTRIEL Bimestriel (par Consommation (m3) J m3) Frais ($ /m3) -A 15mmC 216.36 18.03 36.06 20mmC 264.84 22.07 44.14 25mmC 361.68 30.14 60.28 40mmC 475.56 39.63 79.26 50mmC 948.72 79.06 158.12 75mmC 1,971.48 164.29 328.58 100mmC 3,428.52 285.71 571.42 150mmC 5,388.24 449.02 898.04 200mmC 7,742.40 645.20 1,290.40 250mmCeWplu< 10,485.96 873.83 1,747.66 159 CLIENTS AVEC COMPTEUR Mensuel (par m3) kConsommation (m3) M,__ — FRAIS DE CONSOMMATION Frais ($ /m3)A MENSUEL ET BIMESTRIEL Bimestriel (par Consommation (m3) J m3) Frais ($ /m3) -A EI• 1.1 . :: PouraesGOOCpremiersCM3C ti •o 1- 0 4G 1 1 . Pour([esC249(90OGn3C 1 •• w•0 (N11 •• e•�' 1(N11 159 BY -LAW NUMBER M -16 A BY -LAW TO AMEND A BY -LAW RESPECTING WATER AND SEWERAGE Be it enacted by the Common Council of the City of Saint John as follows: A by -law of the City of Saint John entitled "A By -law Respecting Water and Sewerage" enacted on the 7th day of June, A.D. 2004, is hereby amended as follows: 1 Schedules "A" and `B" are repealed and the following are substituted: SCHEDULE "A" Effective January 1St, 2014 Flat rate customers Flat rate customers Yearly $486.54 Water charge SCHEDULE "B" Effective January 1St, 2014 ARRETE No M -16 ARRETE MODIFIANT L'ARRETE CONCERNANT LE RESEAU WEAU ET D'EGOUTS Le conseil communal de The City of Saint John d&cr&te ce qui suit : Par les pr6sentes, Farr&6 de The City of Saint John intitul6 « Arr&6 concernant les r6seaux d'eau et d'6gouts », 6dict6 le 7 juin 2004, est modifi6 comme suit:: 1 Les annexes «A» et «B» sont abrog6es et sont remplac6es par celles qui figurent aux pr6sentes. ANNEXE«A» En vigueur le 1" janvier 2014 Tarif forfaitaire pour les clients Tarif forfaitaire pour Tarif 486,54$ les clients annuel TARIF DES SERVICES Redevance Sur Feau Meter Size Yearly $) ANNEXE«B» En vigueur le leL janvier 2014 METERED CUSTOMERS - WATER SERVICE CHARGE CLIENTS AVEC COMPTEUR - TARIF DES SERVICES D'EAU Meter Size Yearly $) Monthly $ Bi- Monthl $ Dimension du com teur Tarif annuel ($) Tarif mensuel ($) Tari bimensuel($) 15mm 216.36 18.03 36.06 20mm 264.84 22.07 44.14 15mm 216.36 18.03 36.06 25mm 361.68 30.14 60.28 20mm 264.84 22.07 44.14 40mm 475.56 39.63 79.26 25mm 361.68 30.14 60.28 50mm 948.72 79.06 158.12 40mm 475.56 39.63 79.26 75mm 1,971.48 164.29 328.58 50mm 948.72 79.06 158.12 100mm 3,428.52 285.71 571.42 75mm 1,971.48 164.29 328.58 150mm 5,388.24 449.02 898.04 100mm 3,428.52 285.71 571.42 200mm 7,742.40 645.20 1,290.40 150mm 5,388.24 449.02 898.04 250mm & 10,485.96 873.83 1,747.66 200mm 7,742.40 645.20 1,290.40 250mm et plus 10,485.96 873.83 1,747.66 up METERED CUSTOMERS - CONSUMPTION CHARGE Monthly (b m3 Bi- Monthl (b m) Consumption m3 Rate $ /m3 Consumption m3 Rate $ /m3 For the first 50 1.2188 For the first 100 1.2188 For the next 124,950 0.7761 For the next 249,900 0.7761 For all in excess of 125,000 0.2739 For all in excess of 250,000 0.2739 Spillage 0.1100 Spillage 0.1100 IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by -law the day of, A.D. 2013 and signed by: CLIENTS AVEC COMPTEUR - FRAIS DE CONSOMMATION Mensuels (par m3) Bimestriels (par m) Consommation Frais Consommation Frais m3 $ /m3 m3 $ /m3 Pour les 50 1,2188 Pour les 100 1,2188 premiers pre miers Pour les 0,7761 Pour les 0,7761 124 950 249 900 suivants suivants Pour toute 0,2739 Pour toute 0,2739 consommation consommation au -delA de au -delA de 125 000 250 000 Renversement 0,1100 Renversement 0,1100 EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal Sur le pr6sent arr&6 le 2013, avec les signatures suivantes : Mayor /maire Common Clerk/Greffiere communale First Reading - Premi6re lecture - Second Reading - Deuxi&me lecture - Third Reading - Troisi&me lecture - 160 Saint John Water Services Overview The City of Saint John provides water and wastewater services to homes, businesses, industry and institutions through its utility Saint John Water. These services, essential to the community's health, environmental protection, quality of life and economy, are regulated under the Province's Clean Water Act and the Clean Environment Act. Organizational Goals To establish the City of Saint John as a service - based, results oriented, high performance public service organization. Service Based • Considering the needs of the community as a whole • Creating opportunities for citizen feedback and input • Responding effectively and efficiently to address community needs Results Oriented • Clean, safe drinking water, ensuring adequate supply • Quality, fiscally responsible maintained infrastructure • Clean, healthy natural environment High Performance • Collaborative, strategically minded workforce • Culture focused on contributing to community goals through service delivery • Resource conscious and accountable for results Drinking Water Service Industrial Water Service Wastewater Service Engineering Draft 2014 SJW - 1 161 Saint John Water Services Summary Draft 2014 SJW - 2 162 Approved 2014 Projected Expenditures 2013 Expenditures Revenue FTE 2015 2016 2017 Drinking Water Service Watershed Management 244,000 251,000 251,000 1.65 246,000 253,000 258,000 Water Treatment 2,076,000 2,318,000 2,318,000 14.26 2,330,000 2,356,000 2,379,000 Water Pumping and Storage 1,086,000 1,134,000 1,134,000 6.59 1,139,000 1,157,000 1,170,000 Water Transmission and Distribution 4,456,000 4,698,000 4,698,000 26.27 4,741,000 4,827,000 4,894,000 Customer Metering 708,000 710,000 710,000 5.82 711,000 724,000 735,000 Total Service $8,570,000 $9,111,000 $9,111,000 54.59 9,167,000 9,317,000 9,436,000 Industrial Water Service Watershed Management 403,000 474,000 474,000 2.01 470,000 478,000 484,000 Water Pumping and Transmission 1,063,000 1,031,000 1,031,000 5.06 1,038,000 1,057,000 1,074,000 Customer Metering 100,000 113,000 113,000 0.97 101,000 105,000 106,000 Total Service $1,566,000 $1,618,000 $1,618,000 8.04 1,609,000 1,640,000 1,664,000 Wastewater Service Wastewater Pumping 2,180,000 2,253,000 2,253,000 12.08 2,278,000 2,316,000 2,352,000 Wastewater Collection 2,604,000 2,656,000 2,656,000 17.00 2,689,000 2,735,000 2,782,000 Wastewater Treatment 4,208,000 4,400,000 4,400,000 20.26 4,462,000 4,535,000 4,609,000 Total Service $8,992,000 $9,309,000 $9,309,000 49.34 9,429,000 9,586,000 9,743,000 Municipal Engineering $1,099,000 $1,259,000 $1,259,000 10.04 1,239,000 1,263,000 1,285,000 Other Internal Charges $542,000 $614,000 $614,000 $624,000 $630,000 $638,000 Net Pension Costs $1,196,000 $1,335,000 $1,335,000 $1,362,000 $1,389,000 $1,417,000 Fiscal Charges Debt Servicing $9,229,000 $8,110,000 $8,110,000 $9,938,000 $10,168,000 $10,045,000 Capital from Operating $6,485,000 $7,741,000 $7,741,000 $7,871,000 $9,389,000 $11,306,000 Total Fiscal Charges $15,714,000 $15,851,000 $15,851,000 $17,809,000 $19,557,000 $21,351,000 Saint John Water Budget $37,679,000 $39,097,000 $39,097,000 122.01 $41,239,000 $43,382,000 $45,534,000 Draft 2014 SJW - 2 162 Table of Contents — 2014 Service Plans DrinkingWater Service .............................................................................................................................. ............................... SJW — 4 IndustrialWater Service ........................................................................................................................... ............................... SJW —11 WastewaterService ................................................................................................................................. ............................... SJW —16 MunicipalEngineering .................................................................................................. ............................... ............................SJW - 21 Draft 2014 SJW - 3 163 Drinking Water Service The Drinking Water Service provides quality drinking water to all users within the community. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. The service is provided under the Approval to Operate W -669 Drinking Water Distribution & Treatment Facilities. The operation of the facilities shall be kept in compliance with the Water Quality Regulation 82 -126 under the Clean Environment Act and the Potable Water Regulation 93 -203 under the Clean Water Act of the Province of New Brunswick. Service Delivery Saint John Water delivers several programs as part of its disinfection and distribution of drinking water to the Community. The chart below identifies these programs and the proportional allocation of resources required to deliver a defined level of service for 2014. Drinking Water Service Programs N Watershed Management W Water Treatment Li Water Pumping & Storage _i Water Transmission & Distribution LA Customer Metering Draft 2014 164 Public Health Expectations for clean, safe drinking water and adequate supply Regulatory and legislative requirements Advancements in technology and system upgrades Economy and increasing costs of goods and services Focus on sustainable asset management; aging infrastructure Ratepayers control usage Focus on environmental sustainability and conservation Organizational capacity SJW -4 2013 Drinking Water Service Accomplishments and Performance • All water assets at the end of 2012 have a replacement cost of approximately $677 million. • In 2013 the entire City water distribution system was flushed utilizing unidirectional flushing methods. • Approximately 4.4 km of cleaning and lining work was completed in 2013. • Saint John Water operations staff repaired 82 watermain breaks to date in 2013. • Average daily potable water production was approximately 96 million litres per day to the end of September 2013. $450 $400 $350 $300 $250 $200 $150 $100 Drinking Water Service Cost per ml of water Jan Feb Mar Apr May Jun Jul Aug Sep Oct • Treatment of 26,030 ML of potable water produced and delivered to customers at a cost of $252/ML. • Purchase of Advanced Meter Infrastructure (AMI) that provides real time meter reading and increases meter reading efficiency. 2014 Major Initiatives, Major Projects and Drinking Water Service Delivery Highlights • Initiate Water & Sewerage Rate Study. • Renewal through Capital, water transmission and distribution mains to support Safe, Clean Drinking Water • Universal Metering Action plan. • Continue evaluation of groundwater for West water supply. • Review and update the Water & Sewerage By -Law. Draft 2014 165 SJW -5 Safe, Clean, Drinking Water Project Where we are now: • Project office established • Project team 85% established • Government funding announced • Consultants engaged for the owner's engineer (CBCL) and the financial consultants (PwC) What we are currently working on: • Engagement of Legal Advisors • Owner's Engineer is collecting field data and planning their activities • Detailed project schedule • CFA — Conditional Financial Agreement with PPP Canada • Procurement frame work • Draft RFQ • Engaging a Fairness Monitor Next steps: • Owner's Engineer to Advance Design and performance specifications • Preparing for Procurement & Structuring of Project Agreement • Terms of Reference for Committee • Bidders meeting December 101h Draft 2014 166 r7 SJW -6 Watershed Management Program Service Levels and Resources Maintain the area of Loch Lomond and Spruce Lake watersheds including inspections of dams and other infrastructure and repairs as required. Watershed clean -up days • Monthly inspection of dams (14 earth and concrete dams) • Daily inspection at each watershed intake • One watershed Clean -up day annually if required Investigate and act as necessary to • Notify appropriate authorities as reports of questionable activities in the required watershed • 30 Clean Water Act Inspectors on staff currently Watershed lake water quality monitoring . Watershed lakes sampled three times (microbiology and inorganics) per year • Protects drinking water sources from adverse influences of human beings and nature, and to maintain the environmental sustainability of those watersheds through sound management of water, land, forests and infrastructure within each watershed. • Designated watersheds are protected, reducing the risk of contaminated water entering the drinking water system • Watershed clean -up days promote the importance of protecting the watersheds Wages & Benefits $121,248 Goods & Services 129,752 Total Expenditures $251,000 Revenue $251,000 Full Time Equivalent Positions (FTE) Management 0.59 Administration /Technical 0.06 Outside Workers 1.00 Total FTE 1.65 Critical Administrative Service Support • Fleet — equipment availability • Purchasing — procurement of materials and contracted services • Real Estate — support land purchase process in watershed • Legal — support land purchase process in watershed • Human Resources —staffing and training requirements Draft 2014 SJW - 7 167 Water Treatment Program Service Levels and Resources Treat water to meet regulatory standards, safety requirements and customer demand 24 hours per day, 365 days per year. Maintenance and repairs as necessary on water treatment facilities. Weekly water samples collected across the three water systems and microbiologically analyzed. Quarterly water samples collected across the three water systems and analyzed for organic parameters Semi - annual water samples collected across the three water systems and analyzed for inorganic parameters. Continuous monitoring through SCADA. Response to citizen requests for water quality testing (e.g., colour, odour, taste) within one week (80% of time). Operate and maintain water pumping station Examples of work (as required) include: • cleaning, inspection and maintenance • Continuously monitor and control through SCADA • Approximately 96 ML /day of treated water (Latimer Lake, Spruce Lake and Red Head Subdivision) • Maintenance varies each facility • 35 sampling sites weekly (1,820 annually) for total coliforms and e.coli and 35 sampling sites monthly (420 annually) for heterotrophic plate count • 20 sampling sites quarterly (80 annually) for organic parameters0 • 20 sampling sites semi - annually (40 annually) for inorganic parameters0 • 4 locations (Latimer Lake, Spruce Lake, Seaward Crescent, and Ocean Drive Well) are monitored continuously. • Number of requests varies annually (average is 75 requests per year) • Spruce Lake pumping station • The service strives to deliver safe, clean drinking water that protects and enhances the health of the community, help sustain the economy and provide for growth and development in the community and enhance the quality of life in the community. • Water treated to meet demands of residential, commercial & institutional customers Wages & Benefits $1,074,651 Goods & Services 1,243.349 Total Expenditures $2,318,000 Revenue $2,318,000 Full Time Equivalent Positions (FTE) Management 0.59 Administration /Technical 4.83 Outside Workers 7.93 TotalFTE 13.35 Part -Time Positions 0.91 Critical Administrative Service Support • Fleet — equipment availability • Purchasing — procurement of materials and contracted services • IT— support SCADA and other performance tracking software • Human Resources — staffing and training requirements Draft 2014 SJW - 8 168 Water Pumping & Storage Program Service Levels and Resources Operate and maintain water pumping stations and water storage reservoirs Examples of work (as required) include: • cleaning, inspection and maintenance • Continuously monitor and control through SCADA • Maintenance of pumps and associated control systems Continuous monitoring of chlorine levels through SCADA. • 10 pumping stations • 7 water storage reservoirs (tanks) • 6 locations (Lakewood Heights Pump Station, Somerset Street Pump Station, University Avenue Pump Station, Gault Road PRV Station, Churchill Heights Water Storage Reservoir and Lancaster Water Storage Reservoir) are monitored continuously. • Pumping of treated water to meet demands of residential, commercial and institutional customers as necessary • Water storage reservoirs (tanks) store water to meet the peak water demands and for fire flows during an emergency. Storage reservoirs provide water during emergency and planned maintenance at treatment facilities. Wages & Benefits $482,024 Goods & Services 651,976 Total Expenditures $1,134,000 Revenue $1,134,000 Full Time Equivalent Positions (FTE) Management 0.59 Administration /Technical 0.27 Outside Workers 5.67 Total FTE 6.53 Part -Time Positions 0.06 Critical Administrative Service Support • Fleet — equipment availability • Purchasing — procurement of materials and contracted services • IT— support SCADA and other performance tracking software • Human Resources —staffing and training requirements Draft 2014 SJW - 9 169 Water Transmission & Distribution Program Service Levels and Resources Maintain water transmission and distribution piping and associated appurtenances (e.g., valves, hydrants, chambers) Response to service interruptions and service leaks (80% of time): • Within 2 hours for evaluation • Within 48 hours for emergency repairs • Within 2 weeks for less urgent repairs Response to frozen services within 48 hours, 80% of the time. Annual (June— October) uni- directional flushing (UDF) of all water distribution pipes of sizes 12" and less. Conventional flushing is executed on dead ends and in response to areas where water quality problems are reported. Draft 2014 Maintenance requirements vary annually: • Safe clean drinking water is available to Wages & Benefits $2,035,962 users at adequate pressures and in Goods & Services 2.662,038 • Over 500 km of pipe sufficient quantities to meet customer Total Expenditures $4,698,000 • 6,575 valves demand and fire flow requirements. Revenue $4,698,000 • 2,080 fire hydrants • Flushing moves fresh water through areas of low flow and expels sediment and loose particles out of the Full Time Equivalent Positions (FTE) • Number of service IeaksMr breaks distribution system. In areas that can't Management 1.54 varies annually depending on weather be flushed, problems compound with Administration /Technical 2.33 conditions and age of infrastructure.0 the inability to introduce fresher water. Outside Workers 22.34 Total FTE 26.21 • Number of frozen service varies depending on weather conditions. • Approximately 1,200 sequences in 2013 • 1,100 sequences in 2012 • 700 hydrants involved • 250 km of pipe flushed • 1,100 valves used 170 Part -Time Positions (PTE) 0.06 Critical Administrative Service Support • Fleet — equipment availability • Purchasing - procurement of materials and contracted services • IT— support SCADA and other performance tracking software • Human Resources —staffing and training requirements SJW -10 Customer Metering Program Service Levels and Resources Provide water meters for qualified customers as and when required; Advise on the proper installation of water meters Read water meters on a bi- monthly cycle (ICI and residential) and detect anomalies in consumption that point to leakage or a meter malfunction; identify malfunctioning water meters. Replace malfunctioning and obsolete water meters as and when required0 Provide notification and inspection services to customers experiencing excessive water use. • Approximately 80 new meters issued for installations annually • Approximately 80 follow -up inspection and installation of remote reading equipment • 3,150 meter reads required bi- monthly • Replace approximately 200 malfunctioning or obsolete water meters per year.0 • Issue approximately 500 high consumption notices annually, regarding higher than normal water consumption. Respond to customer concerns with • Number of customer concerns varies meter and plumbing fixture inspections. annually (average 340 /year) • Ensures qualified customers are billed based on measured quantities • Ensures the accuracy and designed operation of the water meter • Ensures proper installation as well as accurate and efficient meter readings • Fair and equitable billing of water use • Accountability and control of consumption data for drinking water. • Reduce the waste of water and associated costs. • Safeguards the accuracy of measured water • Improves efficiency by utilizing modern meter reading methods • Customer service follow -up on abnormal consumption. • Identify possible causes of excessive water consumption Wages & Benefits $406,656 Goods & Services 303,344 Total Expenditures $710,000 Revenue $710,000 Full Time Equivalent Positions (FTE) Management 0.74 Administration /Technical 0.08 Outside Workers 5.00 Total FTE 5.82 Critical Administrative Service Support • Fleet — equipment availability • Purchasing - procurement of water meters • Finance — billings and collections, customer service related to water meters • IT— support meter reading software and equipment • Human Resources —staffing and training requirements Draft 2014 SJW - 11 171 Industrial Water Service The Industrial Water Service is a public service that provides industry west of the St. John River with raw process water. The service includes the supply of untreated water, operation and maintenance of related infrastructure, administration of the service, and billing and collection for water volumes used. Service Delivery Saint John Water delivers several programs as part of its Industrial Water Service. The chart below identifies these programs and the proportional allocation of resources required to deliver a defined level of service for 2012. Industrial Water Service Programs 0 Watershed Management W Water Pumping & Transmission W Customer Metering Draft 2014 172 Efficient needs of industry Regulatory and legislative requirements Advancements in technology and system upgrades Economy and increasing costs of goods and services Focus on sustainable asset management; aging infrastructure Ratepayers control usage Focus on environmental sustainability and conservation Organizational capacity SJW -12 2013 Industrial Water Service Accomplishments and Performance • Average daily industrial water production is 107 million litres per day to the end of September 2013. • To date in 2013, there have been zero service interruptions to the industrial water users. 2014 Major Initiatives, Major Projects, and Industrial Water Service Delivery Highlights • Establishment of a West Industrial System for management and costing of service to users. • Musquash Pump Station — continue facility evaluation and preliminary design for upgrade /reconstruction. • Replacement of two sections of the 1500mm raw water transmission main Draft 2014 173 $100 $80 $60 $40 $20 $0 Industrial Water Service Cost per ml of water supplied Jan Feb Mar Apr May Jun Jul Aug Sep Oct SJW -13 Industrial Watershed Management Service Levels and Resources Maintain the area of Loch Lomond and Spruce Lake watersheds including inspections of dams and other infrastructure and repairs as required. Investigate and act as necessary to reports of questionable activities in the watershed • Monthly inspection of dams (14 earth and concrete dams) • Daily inspection at each facility intake • Notify appropriate authorities as required Watershed clean -up days • One watershed Clean -up day annually if required Watershed lake water quality monitoring • Watershed lakes sampled three times (inorganics) per year • Protect the supply of industrial water to support business. • Adequate supplies of industrial water, at fair and equitable rates, supports development and growth in the community. Wages & Benefits $151,390 Goods & Services 322,610 Total Expenditures $474,000 Revenue $474,000 Full Time Equivalent Positions (FTE) Management 0.47 Administration /Technical 0.04 Outside Workers 1.50 Total FTE 2.01 Critical Administrative Service Support • Fleet — equipment availability • Purchasing — procurement of materials and contracted services • Real Estate — support land purchase process in watershed • Legal — support land purchase process in watershed • Human Resources — staffing and training requirements Draft 2014 SJW - 14 174 Industrial Water Pumping & Transmission Program Service Levels and Resources Meet raw water demands of heavy industrial users 24 hours per day, 365 days per year. Maintain industrial water facilities Pumping water from East Musquash Reservoir to Menzies Lake to ensure adequate supply (includes high electrical charges and purchase of water from the Province of New Brunswick) Maintain transmission piping system • Approximately 107 ML /day of industrial water based on the first nine months of 2013. • Musquash Pump Station, Coleson Cove Screen Building, Spruce Lake Screen Building and Latimer Lake Flume • Historically Musquash Pumping Station has operated three to four months per year. • 13 km of transmission piping and all associated appurtenances • Involves pumping to Menzies Lake (from Musquash) in order to maintain optimum water levels at Spruce Lake during periods of high consumption or low precipitation, to maintain facility and grounds. • Delivery of industrial water to meet demands of industrial customers Wages & Benefits $384,253 Goods & Services 646,747 Total Expenditures $1,031,000 Revenue $1,031,000 Full Time Equivalent Positions Management 0.87 Administration /Technical 0.69 Outside Workers 3.50 Total FTE 5.06 Critical Administrative Service Support • Fleet — equipment availability • Purchasing — procurement of materials and contracted services • IT— support SCADA and other performance tracking software • Human Resources —staffing and training requirements Draft 2014 SJW - 15 175 Industrial Customer Metering Program Service Levels and Resources Read meters for large industrial water users. Draft 2014 • 3 customers (IPP, Coleson Cove, Irving Paper) • Provide accurate and timely measurement of water consumed by industrial water users to calculate consumption for billing and examine opportunities for conservation. 176 Wages & Benefits $82,097 Goods & Services 30,903 Total Expenditures $113,000 Revenue $113,000 Full Time Equivalent Positions (FTE) Management 0.54 Administration /Technical 0.03 Outside Workers 0.40 Total FTE 0.97 Critical Administrative Service Support • Fleet — equipment availability • Purchasing - procurement of water meters • Finance — billings and collections, customer service related to water meters • IT— support meter reading software and equipment • Human Resources —staffing and training requirements SJW -16 Wastewater Service The Wastewater Service treats domestic sewerage; wastewater collected from residential and commercial sources is conveyed to treatment facilities through sanitary and combined sewers, lift stations and forcemains. Wastewater is treated to meet standards set out in the Approvals to Operate as issued by the Minister of Environment and applicable statutes. Service Delivery Saint John Water delivers several programs as part of its Wastewater Service to ensure protection of the environment. The chart below identifies these programs and the proportional allocation of resources required to deliver a defined level of service for 2013. Wastewater Service Programs u Wastewater Pumping i Wastewater Collection v Wastewater Treatment Draft 2014 177 Environmental health Management of municipal wastewater effluent -CCME Saint John's varying elevations, hills and rocky terrain Regulatory and legislative requirements Advancements in technology and system upgrades Economy and increasing costs of goods and services Focus on sustainable asset management; aging infrastructure Focus on environmental sustainability and conservation Organizational capacity SJW -17 2013 Wastewater Service Accomplishments and Performance • All wastewater assets at the end of 2012 have a replacement cost of approximately $544 million. • Wastewater Treatment Facilities achieved 100% compliance with Department of Environment effluent quality limits. • 6 new wastewater pumping stations commissioned as part of ongoing work in the Harbour Cleanup project. • 94% of effluent quality samples taken at treatment facilities were in compliance; 1019 samples, 954 in compliance. • Saint John Water operations staff repaired 72 sewermain repairs to date in 2013. • Through repairs to the aeration system and changes in operating procedures, a savings of over $130,000 in energy costs was realized at Lancaster Wastewater Treatment Facility. Wastewater Service Cost per ml of wastewater treated $1,000 $800 $600 $400 $200 $0 Jan Feb Mar Apr May Jun Jul Aug Sep 2014 Major Initiatives, Major Projects and Wastewater Treatment Service Delivery Highlights • Treat 100% of collected wastewater from serviced areas of the City. • Complete transition of Eastern Wastewater Treatment Facility to full daily volume after full operation of the new Harbour Cleanup lift station network. • Complete implementation of a computerized maintenance management system to better manage wastewater treatment and pumping assets and infrastructure. • Upgrade various pumping stations in Milford Randolph Greendale network to meet flow requirements and improve efficiency. • Continue implementing the Sewer Inspection Program that provides video inspection of underground sewer pipe infrastructure. • Implement a program of Sewermain repairs via trenchless technology Draft 2014 SJW - 18 178 Wastewater Pumping Program Service Levels and Resources Maintenance, inspection and safe operation of wastewater pumping facilities Draft 2014 60 wastewater pumping facilities at the beginning of 20130 6 wastewater pumping facilities added in 2013 as part of Harbour Clean -upZ Preventive maintenance and repairs as requiredZ 179 The wastewater pumping stations are an integral part of the wastewater collection system and contribute to the utility goal that 100% of the wastewater within the City serviced area is collected and delivered to treatment facilities. Wages & Benefits $932,845 Goods & Services 1.320,155 Total Expenditures $2,253,000 Revenue $2,253,000 Full Time Equivalent Positions (FTE) Management 1.34 Administration /Technical 0.41 Outside Workers 10.27 Total FTE 12.02 Part -Time Positions 0.06 Critical Administrative Service Support • Fleet — equipment availability • Purchasing — procurement of materials and contracted services • IT— support SCADA and other performance tracking software • Human Resources —staffing and training requirements SJW -19 Wastewater Collection Program Maintain sanitary and combined sewer • Over 400 km of pipe piping along with all associated 3.13 appurtenances. . Repairs based on video results , breaks Total FTE and back -ups varies annually Response to sewer -back ups once made • # back -ups varies annually 0 aware of issue within the following timelines (80% of the time) • Evaluate within 2 hours • Repair or flush line within 24 hours, providing the problem is the City's responsibility • Provide for courtesy clean (property owners convenience if City line is surcharged) Video maintenance program System flushing • The entire program is estimated to be completed in a 10 year cycle • Requirements for flushing based on video results • Within the City's service areas 100% of wastewater is collected and delivered to treatment facilities for treatment contributing to the protection of public health from waterborne diseases, the natural environment including aquatic life and wildlife that depend on it. Wages & Benefits $1,275,228 Goods & Services 1,380,772 Total Expenditures $2,656,000 Revenue $2,656,000 Full Time Equivalent Positions Management 1.14 Administration / Technical 3.13 Outside Workers 12.67 Total FTE 16.94 Part -Time Positions 0.06 Critical Administrative Service Support • Fleet— equipment availability • Purchasing — procurement of materials and contracted services • IT— support SCADA and other performance tracking software • Legal - by -law enforcement support • Human Resources — staffing and training requirements Draft 2014 SJW - 20 :1 Wastewater Treatment Program Service Levels and Resources Maintenance, inspection and safe operation of wastewater treatment facilities to provide wastewater treatment 24 hours per day, 365 days per year Collect and analyze samples of influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the process Draft 2014 • 5 wastewater treatment facilities (one decommissioned in 2013) • Preventive maintenance • Repairs vary annually • 12,648 ML wastewater treated annually • 9,000 wastewater samples annually (consistently collects and analyzes more samples than required by the ApprovalsRoMperate) • Protect public health from waterborne disease • Protect natural environment including aquatic and wildlife • Preserve shorelines for recreational use • Safety reuse nutrients found in wastewater biosolids 181 Wages & Benefits $1,524,222 Goods & Services 2,875,778 Total Expenditures $4,400,000 Revenue $4,400,000 Full Time Equivalent Positions (FTE) Management 1.34 Administration / Technical 2.52 Outside Workers 15.73 TotaIFTE 19.59 Part -Time Positions 0.67 Critical Administrative Service Support • Fleet— equipment availability • Purchasing — procurement of materials and contracted services • IT — support SCADA and other performance tracking software • Human Resources — staffing and training requirements S1W -21 Engineering The goal of the Engineering program is to provide professional engineering and technical staff resources for engineering support, design and construction management for projects related to capital programs for the improvement of municipal infrastructure and to ensure the integrity of that system through the implementation of sound engineering standards. 2013 Engineering Accomplishments and Performance • In 2013 the following Water and sanitary system projects were undertaken: • Beach Crescent /Meadowbank Sanitary System — construct new sanitary sewers and services to alleviate basement flooding in the drainage basin • Loch Lomond Road (Russell Street to Westmorland Road) — renew existing water and sanitary sewer systems in conjunction with road realignment as part of the One Mile Interchange project. • Watermain Cleaning and Lining Phase 8 & 9 — cleaning and lining of existing unlined cast iron watermains to improve pressure, water quality and fire flows. • Fairville Boulevard — renew 720m of 300mm cast iron watermain • Harbour Clean -Up Program —To date 23 of the 24 new lift stations and forcemains /collector sewers have been constructed with only the Mill Street Sanitary Lift Station construction remaining to be completed by July 2014 • Reversing Falls Bridge Watermain Rehabilitation - structural liner installed inside existing 475mm steel watermain 2014 Major Initiatives, Major Projects and engineering Service Delivery Highlights • The major initiatives for 2014 will be to continue with improvements to the Water and sanitary systems. • Major Water and Sanitary projects include: • Continue with Phase 10 of Watermain Cleaning and Lining • Watermain and sanitary sewer renewals on Rodney Street, Prince William Street, Hillcrest Drive, Duke Street, and Douglas Avenue • Upgrade of wastewater station mechanical at Hickey Road Lift Station, Colpitts Lift Station and Milford Randolph Greendale Lift Station X o Safe, Clean Drinking Water Program Implementation Draft 2014 182 SJW -22 Engineering - Service Levels and Resources Provide design and construction management for the annual Water & Sewerage Utility Fund Capital Program Support annual review and revisions to general specifications Coordinate with the City's Finance and Intergovernmental Affairs Divisions and the Province and /or Federal Government on infrastructure funding agreements • Infrastructure projects designed and constructed as outlined in the Capital program submission • Updated general specifications • Funding agreements established to finance infrastructure upgrades • Sound engineering design and construction management is essential to provide an efficient transportation network and to protect the environment and provide safe, clean drinking water by providing infrastructure that is built properly using sound engineering standards. o The development and application of sound engineering standards ensures the long -term integrity of the City's water and sanitary systems. Wages & Benefits $950,447 Goods & Services 308,553 Total Expenditures $1,259,000 Revenue $1,259,000 Full Time Equivalent Positions Management 3.17 Professional 3.75 Inside Workers 3.12 TotaIFTE 10.04 Administrative / Other Support Services • Fleet — equipment availability • Purchasing — engagement of consultants and contractors • Human Resources — staffing /training • Legal — land issues, agreements • Real Estate — land issues, acquisition • ITIN -E7 upport of software for design and asset inventory • Intergovernmental Affairs — coordination of funding applications Draft 2014 SJW - 23 183 REPORT TO COMMON COUNCIL M &C2013 -272 December 2, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: 2014 Water & Sewer Utility Capital Budget INTRODUCTION The City of Sauit John In November 2004, Common Council established 3 fundamental goals /objectives for the Water and Sewer Utility. These were: • 100°1 treatment of collected wastewater effluents; • Full treatment/filtration of drinking water; • Adequate annual investment in existing infrastructure renewal. Subsequent Councils have pursued these goals through aggressive investment in Harbour Clean -up and infrastructure renewal; Harbour Clean -up now nearly complete with the recent award of the last pumping station in November of this year. Work on the safe clean drinking water file has been limited to development of preliminary designs and estimates. The current Council, shortly after investment in office, established priorities. The number one priority of this Council was identified, unequivocally, as establishing a program to deliver safe, clean drinking water. The direction to staff was clear: • Design a program and schedule • Produce cost estimates • Evaluate P3 procurement In the ensuing year, the above was completed and as a result, the City applied for P3 Canada funding and simultaneously, Council aggressively sought financial support /commitment from the Provincial government. In November of 2013, financial support was confirmed by P3 Canada and the Province of New Brunswick, combined financial support totaling up to $114.6 Million. With this financial support, and Council's absolute focused commitment, the City is now on a defined specific schedule to deliver safe clean drinking water. WE M &C2013 -272 Page 2 December 2, 2013 The attached proposed 2014 Capital budget marks the beginning of significant financial commitment to safe, clean drinking water as well as renewing Council's commitment to infrastructure renewal, protection of supply, and fiscal responsibility to the rate payers. The Utility Capital Budget is unlike other Capital budgets in that it is financed exclusively by the water and sewer rates charged to the customers (users of the system). This budget is not directly linked to the property tax rate, unconditional grant, assessment base or other fiscal pressures and uncertainties. Nevertheless, the Council is acutely aware of the need to establish affordable rates for its Utility customers. This proposed Capital budget respects that overriding concern. The Components Safe Clean Drinking Water Safe Clean Drinking Water (SCDW) is the single most aggressive infrastructure initiative in the City's history. The importance of this initiative to the community cannot be overstated. Dependable, reliable delivery of clean water is essential for public health, economic health and community satisfaction of municipal services. Council, with financial support from P3 Canada and the New Brunswick Government has instructed that this project proceed without delay. In response to this directive, a Capital spending program has been developed to fund this project. For 2014, staff are recommending Council approval of $3.0 Million. These funds will allow staff to proceed with specialized procurement tailored to P3 requirements as well as advance preliminary designs such that RFQs (Request for Qualifications) and RFPs (Request for Proposals) can be put out to the market. If funding is approved, it is anticipated that these project components can be completed in 2014. Related Projects Apart from the specific P3 SCDW projects, a number of other initiatives supporting water management and sanitary management are included. An investment of $925,000 is being recommended to continue water quality investigation on the west side, supply redundancy, equipment acquisition and universal metering planning. Infrastructure Renewal Water With all municipal water and sewer utilities, there is a perpetual need for reinvestment in existing infrastructures. Infrastructure, by its very nature, is installed incrementally over the years and consequently must be incrementally upgraded, replaced and repaired. Therefore, significant funding must be made available annually to safeguard the functionality of the existing systems, 2014 Water & Sewer Utility Budget 185 M &C2013 -272 Page 3 December 2, 2013 and protect the environment. Council has acknowledged this basic need each year by providing funding for infrastructure renewal. The 2014 proposed Capital budget continues to invest in water system renewal projects; apart from the SCDW project. A total investment of $3,795,000, combined with $1,500,000 in other funding will result in approximately $5.3 Million in new work in 2014. The $1.5 Million will be provided from the gas tax fund for the cleaning and lining of existing cast iron watermains. This rehabilitation program improves pressure, water quality and fire flows; avoiding a much more costly complete piping replacement. A complete listing of water system infrastructure renewal /rehabilitation projects is listed in the attached appendix. Sanitary Similar to water renewal and notwithstanding the tremendous progress made through Harbour Clean up, continued reinvestment must be made in sanitary renewal. The proposed 2014 Capital budget includes a variety of renewal projects. These projects comprise a Utility investment of $4,675,000 combined with $480,000 of other funding for a total of approximately $5.155 Million for new work in 2014. . The $480,000 is gas tax funding provided for needed work in the Milford drainage basin. Investments in sanitary renewal will be made in all geographic areas of the City (where service is provided) in accordance with the greatest need. A complete listing of sanitary renewal /rehabilitation projects for 2014 is listed in the attached appendix. Wastewater Treatment With the completion of Harbour Clean -up in 2014, the Thorne Avenue wastewater treatment plant will be redundant. The City, demonstrating good environmental stewardship, will demolish the existing plant and re- instate the property in an environmentally sensitive fashion. The 2014 Capital budget includes $175,000 for this endeavour. Watershed Protection /Management Subject to Council approval, the Water & Sewer Utility intends to begin a Forest Management Program in 2014. Although it is anticipated that this program will be cost neutral, it is worthy of mention in this document, as it is complementary to the proposed spending. Included in the proposed Capital budget is $100,000 earmarked for Watershed protection /management. These monies are used annually to acquire watershed lands as they become available, erect barriers, guiderails, signage, etc. designed to protect our watersheds. 2014 Water & Sewer Utility Budget :. M &C2013 -272 Page 4 December 2, 2013 CONCLUSIONS The proposed Utility Capital Budget has been prepared with the involvement of staff of Saint John Water and our Engineering Department. It is a reflection of Council's priorities respecting Water & Sewerage. Significant strategic investments will be made in infrastructure renewal; and safe, clean drinking water. Similar to other fiscal challenges facing the City of Saint John, Saint John Water must balance the needs of the Utility, the priorities of Council and the community, with the ability and appetite of the users to fund the costs of Capital improvements. The proposed Capital budget strikes this balance. The work proposed for 2014 is a part of a longer term strategic investment plan for the Utility. The longer term plan includes funding for the Utility's expenditures on safe, clean drinking water. A companion report detailing the proposed 2014 Operating budget for the Utility provides Council with proposed Utility rates necessary to fund these Capital initiatives along with ongoing operating costs of the Utility. RECOMMENDATIONS 1) That Common Council Approve the 2014 Capital budget for the Utility Fund in the amount of $14,650,000 (gross) with contributions from other sources of $1,980,000 yielding a Capital budget in the amount of $12,670,000 (net) as set in Appendix A. Respectfully Submitted /,4 Wm. Edwards, P. Eng. Commissioner Saint John Water J. Patrick Woods, CGA City Manager 2014 Water & Sewer Utility Budget 187 Proposed Program Summary For - 2014 Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 20 $480,000 $4,675,000 $5,155,000 Infrastructure Renewal - Water 15 $1,500,000 $3,795,000 $5,295,000 Safe, Clean Drinking Water 2 $0 $3,925,000 $3,925,000 Wastewater Treatment 1 $0 $175,000 $175,000 Watershed Protection 1 $0 $100,000 $100,000 TOTALS: 39 $1,980,000 $12,670,000 $14,650,000 Summary of Capital Costs (Utility Share) Safe, Clean Drinking Water 31.0% Was td4letsTieabHratet;tion 1.4%0.8% Infrastructure Renewal - Wate r 30.0% Infrastructure Renewal - Sanitary 36.9% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Bridge Street Near Spar Cove Road Install approx. 75m of new 300mm diameter 0 100,000 saintary sewer, including design and construction management services. Douglas Avenue Clarendon Street to Civic #170 Renew 335m of 450mm sanitary sewer, 0 500,000 including design and construction management services Duke Street Wentworth Street to Crown Renew approx. 250m of 200mm, 250mm, and 0 275,000 Street 300mm T.C. sanitary sewer, including construction management services Hillcrest Drive Manawagonish Road to Fenton Renew approx. 560m of 200mm and 300mm 0 435,000 Drive T.C. sanitary sewer, including construction management services. Jean Street Loch Lomond Road to Design services for renewal of approx. 210m of 0 120,000 Courtenay Avenue 200mm T.C. (1926 & 1941) sanitary sewer, renewal of existing watermain and installation of new storm sewer. King Street East End of King St. East to Railway Renew approx. 35m of existing combined 0 60,000 Tracks sewer outfall, including design and construction management services. * Milford Sanitary System Greenhead Road Renewal of various lengths of deteriorated 480,000 50,000 sanitary sewer as reccommended in the Milford Drainage Basin Study, including design and construction management services. Project to be partially funded under G.T.F. Modelling and Mapping Millidgeville area Development of a sanitary sewer model for the 0 250,000 of the Millidgeville Millidge Treatment Facility sanitary sewerage Treatment Facility system (includes areas north of Route 1 that Sanitary Sewerage directs flows to the Millidgeville Treatment System Facility). The project includes updating of the infrastructure mapping for the Millidgeville Treatment Facility sanitary system Prince Street Riverview Drive to Champlain Design services for renewal of approx. 80m of 0 40,000 Street existing T.C. combined sewer. Prince William Street Princess Street to Duke Street Renew approx. 130m of existing 225mm and 0 150,000 300mm T.C. and conc. sanitary sewer, including construction management services Richmond Street Waterloo Street to Prince Design services for renewal of approx. 130m of 0 60,000 Edward Street existing T.C. combined sewer. Rodney Street Watson Street to Civic # 256 Renewal of approx. 140m of existing sanitary 0 200,000 sewer, including construction management services MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Sustainable Energy Various pumping stations Upgrade pump station existing electrical system 0 50,000 Management Program with new energy efficient components. Union Street Waterloo Street to Wellington Cured in place structural lining of approx. 0 500,000 Row 270m of existing 375mm sanitary sewer, including construction management services. Wastewater Pumping Milford Randolph Greendale Supplemantal funding for the renewal of 0 165,000 system sewage lift station Y. Wastewater Pumping Milford Randolph Greendale Renewal of forcemain x- station to y- station, 0 850,000 system including construction management services. Wastewater Pumping - Hickey Road Lift Station Upgrade of station mechanical including 0 300,000 East replacement of pumps and piping. The addition of a gate valve and flow meter for forcemain , including design and construction management services. Wastewater Pumping - Colpitts Lift Station Upgrade ejector station to a pumping station 0 150,000 West with a Self- Primed packaged lift station and modifications to existing infrastructure, controls and electrical , including design and construction management services. Wastewater Pumping - Milford Randolph Greendale Upgrade of station mechanical with a Self- 0 350,000 West System Lift Station X Primed packaged lift station and concrete pad, with associated pipe work, and abandoning old infrastructure, including design and construction management services. Waterloo Street Golding Street to Richmond Design services for renewal of approx. 150m of 0 70,000 Street existin¢ T.C. combined sewer. TOTAL: $480,000 $4,675,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility Share Share Beaver Court Fairville Boulevard to Renewal or structural lining of approx. 430m of 0 380,000 Throughway existing 300mm diameter watermain, including design and construction management services Belleview Avenue Spar Cove Road to Belleview Design services for the installation of a 0 50,000 Avenue watermain extension for the connection of the Millidgeville intermediate pressure zone to the existing watermain on Belleview Avenue Douglas Avenue Clarendon Street to Civic # 170 Renew 335 m of 300 mm watermain, including 0 800,000 construction management services. Duke Street Wentworth Street to Crown Renew approx. 270m of 150mm and 200mm 0 335,000 Street watermain, including construction management services Harding Street Main Street to Catherwood Design services for renewal of approx. 345m of 0 100,000 Street existing 150mm diameter watermain Hayes Avenue Civic # 511 Bay Street to civic # Design services for renewal of approx. 940m of 0 120,000 555 Gault Road existing 150mm and 300mm diameter watermain Hillcrest Drive Manawagonish Road to Fenton Renew approx. 520m of 200mm C.I. 0 510,000 Drive watermain, including construction management services. PCCP Repair Pipeline Road West Replace two 5m sections of distressed 1500mm 0 150,000 Prestressed Concrete Cylinder Pipe, including design and construction management services Prince William Street Princess Street to Duke Street Renew approx. 170m of existing 300mm C.I. 0 360,000 watermain, including construction management services Ready Street Main Street to Catherwood Design services for renewal or structural lining 0 100,000 Street of approx. 300m of existing 150mm diameter watermain Rodney Street Watson Street to Civic # 256 Renewal of approx. 165m of existing 0 140,000 watermain, including construction management services Victoria Street Durham Street to Elgin Street Design services for renewal of approx. 345m of 0 50,000 existing 150mm diameter watermain Water Reservoir Quality Cottage Hill Tank, Lakewood Evaluation and design and construction of 0 200,000 Improvements Phase 1 Heights Tank and Rockwood mixing systems for the reservoirs Park Tank * Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 1,500,000 0 Lining Phase 10 watermains to improve pressure, water quality, and fire flows. Project to be funded under G.T.F. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Water Project Location Description Other Utility Share Share Watennain Structural Various Structural lining of existing unlined cast iron Lining - Phase 1 watermains running under the Saint John Throughway 500,000 TOTAL. $1,500,000 $3,795,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Safe. Clean DrinkinLy Water Project Location Description Other Utility Share Share Safe, Clean Drinking TBD Safe, Clean Drinking Water Program envelope 0 3,000,000 Water Program for 2014. Details of program for 2014 to be established and approved by Common Council. Other Projects TBD Water Quality Investigation, Supply 0 925,000 Redundancy, Equipment Acquisition and Universal Metering Plan TOTAL: $0 $3,925,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Wastewater Treatment Project Location Description Other Utility Share Share Marsh Creek STP Thorne Avenue Decommissioning of the existing STP, 0 175,000 including design and construction management services. TOTAL: $0 $175,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Watershed Protection Project Location Description Other Utility Share Share Watersheds Loch Lomond Watershed Land acquisition for watershed protection (as 0 100,000 required) TOTAL: ,so $100,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Watershed Protection Project Location Description Other Utility Share Share Proposed Program Summary For - 2015 Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 11 $400,000 $2,630,000 $3,030,000 Infrastructure Renewal - Water 14 $1,500,000 $4,465,000 $5,965,000 Safe, Clean Drinking Water 1 $0 $3,000,000 $3,000,000 Watershed Protection l $0 $100,000 $100,000 TOTALS: 27 $1,900,000 $10,195,000 $12,095,000 Summary of Capital Costs (Utility Share) Safe, Clean Drinking Wate r 29.4% Watershed Protection 1.0% Infrastructure Renewal - Wate r 43.8% Infrastructure Renewal - Sanitary 25.8% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Sanitary Project Location Description Other Utility Share Share Chesley Drive Harding Street Between Ocean Steel and Outfall redirection and renew approx. 380 of 0 500,000 Thornes existing sanitary sewer, including construction management services Main Street to Catherwood Renewal of approx. 300m of existing sanitary 0 305,000 Street sewer, including construction management services. Jean Street Loch Lomond Road to Renew approx. 210m of 200mm T.C. (1926 & 0 200,000 Courtenay Avenue 1941) sanitary sewer, including construction management services * Milford Sanitary System Hawtrey Street, Gilford Road, Renewal of various lengths of deteriorated 400,000 0 Starburst Lane and Balmoral sanitary sewer as reccommended in the Milford Drive Drainage Basin Study, including design and construction management services. Project to be funded under G.T.F. Prince Street Riverview Drive to Champlain Renew approx. 80m of existing sanitary sewer, 0 70,000 Street including construction management services Ready Street Main Street to Catherwood Renewal of approx. 300m of existing sanitary 0 255,000 Street sewer, including construction management services. Richmond Street Waterloo Street to Prince Renew 130 m of 300 mm T.C. sanitary sewer, 0 110,000 Edward Street including construction management services University Avenue Millidge Avenue to Royal Cured in place structural lining of approx. 0 850,000 Parkway - Phase 1 650m of existing sanitary sewer, including construction management services. Victoria Street Durham Street to Elgin Street Renewal of approx. 150m of existing sanitary 0 130,000 sewer, including construction management services. Victoria Street West Queen Street West to St. John Renew 75 m of 300 mm sanitary sewer, 0 80,000 Street including design and construction management services Waterloo Street Golding Street to Richmond Renew approx. 150m of existing sanitary 0 130,000 Street sewer, including construction management services TOTAL: $400,000 $2,630,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility 265,000 Courtenay Avenue Share Share Belleview Avenue Spar Cove Road to Belleview Installation of a watermain extension for the 0 450,000 watermain, including construction management Avenue connection of the Millidgeville intermediate services pressure zone to the existing watermain on Prince Street Riverview Drive to Champlain Belleview Avenue, including construction 0 80,000 management services. including construction management services Chesley Drive Ocean Steel to Douglas avenue Renewal of approx. 175m of existing 300mm 0 240,000 Renewal of approx. 300m of existing 150mm 0 diameter watermain, including design and Street diameter watermain, including construction construction management services Green Head Road Milford Road to Civic # 745 Renewal of approx. 1000m of existing 200mm 0 1,200,000 Phase I and 300mm diameter watermain, including Renew 130 m of 200 mm C.I. (1971), 0 130,000 design and construction management services Edward Street Harding Street Main Street to Catherwood Renewal of approx. 345m of existing 150mm 0 360,000 Street diameter watermain, including construction management services Hayes Avenue Civic # 511 Bay Street to civic # Renewal of approx. 940m of existing 150mm 0 1,000,000 555 Gault Road and 300mm diameter watermain, including construction management services Jean Street Loch Lomond Road to Renew approx. 240m of 150mm and 200mm 0 265,000 Courtenay Avenue C.I. (1926 & 193 5) with new 200mm watermain, including construction management services Prince Street Riverview Drive to Champlain Renew approx. 80m of existing watermain, 0 80,000 Street including construction management services Ready Street Main Street to Catherwood Renewal of approx. 300m of existing 150mm 0 300,000 Street diameter watermain, including construction management services Richmond Street Waterloo Street to Prince Renew 130 m of 200 mm C.I. (1971), 0 130,000 Edward Street including construction management services Victoria Street Durham Street to Elgin Street Renewal of approx. 150m of existing 150mm 0 150,000 diameter watermain, including construction management services Victoria Street West Queen Street West to St. John Renew 75 m of 200 mm watermain (1904), 0 60,000 Street including design and construction management services Water Reservoir Quality Lancaster Tank and Spruce Lake Evaluation and design and construction of 0 100,000 Improvements Phase 2 Tank mixing systems for the reservoirs Waterloo Street Golding Street to Richmond Renew approx. 150m of existing watermain, 0 130,000 Street including construction management services * Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 1,500,000 0 Lining Phase 11 watermains to improve pressure, water quality, and fire flows. Project to be funded under G.T.F. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility Share Share TOTAL: $1,500,000 $4,465,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking Water Project Location Description Other Utility Share Share Safe, Clean Drinking TBD Safe, Clean Drinking Water Program envelope 0 3,000,000 Water Program for 2015. Details of program for 2015 to be established and approved by Common Council. TOTAL: $0 $3,000,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Watershed Protection Project Location Description Other Utility Share Share Watersheds Loch Lomond Watershed Land acquisition for watershed protection (as 0 100,000 required) TOTAL: so $100,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Watershed Protection Project Location Description Other Utility Share Share Proposed Program Summary For - 2016 Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 12 $0 $3,510,000 $3,510,000 Infrastructure Renewal - Water 12 $1,500,000 $3,430,000 $4,930,000 Safe, Clean Drinking Water 1 $0 $1,800,000 $1,800,000 Watershed Protection 2 $0 $400,000 $400,000 TOTALS: 27 $1,500,000 $9,140,000 $10,640,000 Summary of Capital Costs (Utility Share) Watershed Protection 4.4% Safe, Clean Drinking Wate r 19.7% Infrastructure Renewal - Sanitary 38.4% Infrastructure Renewal - Wate r 37.5% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Celebration Street Stanley Street to end Renew 100 m of 300 mm sanitary sewer, 0 95,000 including design and construction management services City Road Area Behind City Road Bakery and Renewal of existing sanitary sewer, including 0 365,000 under Colonial Inn design and construction management services. Combined Sewer Various Renewal of existing combined sewers and 0 500,000 Separation Program separation of stormwater flows, including design and construction management services. Currie Avenue Balfour Street to Visart Street Renew 320 m of 300 mm sanitary sewer, 0 300,000 including design and construction management services Dominion Court Tower Street to St. George Street Renew 160 m of 200 mm conc. sanitary sewer, 0 150,000 including design and construction management services Durham Street Bryden Street to Newman Street Renew 75 m of 300 mm sanitary sewer, 0 70,000 including design and construction management services Elgin Street Victoria Street to Main Street Renew approx. 95m of 375mm (1899) with 0 100,000 new 250mm sanitary sewer, including design and construction management services King Street West Market Place to Watson Street Renew approx. 260m of 300mm T.C. with new 0 240,000 200mm sanitary sewer, including design and construction management services Princess Street Charlotte Street to Sydney Street Renew approx. 110m of 300mm T.C. (1870) 0 105,000 sanitary sewer, including design and construction management services Sand Cove Road Young Street to Windsor Street Renew 230 m of 225 mm T.C. with 250 mm 0 215,000 sanitary sewer, including design and construction management services Tower Street Market Place To City Line Renew approx. 560 m of 500 mm and 750 mm 0 520,000 brick sanitary sewer, including design and construction management services University Avenue Millidge Avenue to Royal Cured in place structural lining of approx. 0 850,000 Parkway - Phase 2 650m of existing sanitary sewer, including construction management services. TOTAL: $0 $3,510,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility Share Share Belmont Street Courtenay Avenue to Mount Design services for construction of 400mm dia. 0 120,000 Pleasant Avenue East (or smaller) watermain to strengthen service feed from Loch Lomond Road to Courtenay Bay Causeway area including sanitary sewer and pavement renewal, and new storm sewer. Celebration Street Stanley Street to end Renew 100 m of 300 mm watermain, including 0 110,000 design and construction management services Currie Avenue Balfour Street to Visart Street Renew 290 m of 150 mm with 200 mm 0 320,000 watermain, including design and construction management services Dominion Court Tower Street to St. George Street Renew 180 m of 200 mm C.I. watermain, 0 195,000 including design and construction management services Durham Street Bryden Street to Newman Street Renew 75 m of 200 mm watermain, including 0 80,000 design and construction management services Elgin Street Victoria Street to Main Street Renew approx. 155m of 200mm and 300mm 0 165,000 G.I. watermain, including design and construction management services Green Head Road Milford Road to Civic # 745 Renewal of approx. 1000m of existing 200mm 0 1,200,000 Phase II and 300mm diameter watermain, including design and construction management services King Street West Market Place to Watson Street Renew approx. 320m of 150mm with new 0 350,000 250mm watermain, including design and construction management services. Princess Street Charlotte Street to Sydney Street Renew approx. 130m of 250mm C.I. (1912) 0 140,000 watermain, including design and construction management services Sand Cove Road Young Street to Windsor Street Renew 125 m of 300 mm watermain, including 0 140,000 design and construction management services Tower Street Market Place to City Line Renew approx. 560 m of 150 mm with 200 mm 0 610,000 watermain, including design and construction management services * Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 1,500,000 0 Lining Phase 12 watermains to improve pressure, water quality, and fire flows. Project to be funded under G.T.F. TOTAL: $1,500,000 $3,430,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking Water Project Location Description Other Utility Share Share Safe, Clean Drinking TBD Safe, Clean Drinking Water Program envelope 0 1,800,000 Water Program for 2016. Details of program for 2016 to be established and approved by Common Council. TOTAL: $0 $1,800,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Watershed Protection Project Location Description Other Utility Share Share Watersheds Loch Lomond Watershed Land acquisition for watershed protection (as 0 200,000 required) Watersheds Various locations Construction of facilities to protect watersheds 0 200,000 from runoff from highway hazards, including design and construction management services TOTAL: $0 $400,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Watershed Protection Project Location Description Other Utility Share Share ProDosed Program Summary For - 2017 No. of Other Utility Category Total Projects Share Share Infrastructure Renewal - Sanitary 17 $0 $3,831,000 $3,831,000 Infrastructure Renewal - Water 16 $1,500,000 $3,211,000 $4,711,000 Safe, Clean Drinking Water 1 $0 $700,000 $700,000 Watershed Protection 1 $0 $200,000 $200,000 TOTALS: 35 $1,500,000 $7,942,000 $9,442,000 Summary of Capital Costs (Utility Share) Safe, Clean Drin!4"ershed Protection Water 2.5% 8.8% _ Infrastructure Renewal Wate r 40.4% Infrastructure Renewal - Sanitary 48.2% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Adelaide Street Between Victoria Street and Renew approx. 125m of 300mm sanitary sewer, 0 160,000 Newman's Brook including design and construction management services. Albert Street Victoria Street to Main Street Renew approx. 170m of 375mm T.C. (1899) 0 195,000 with new 250mm and 300mm sanitary sewer, including design and construction management services Autumn Street Wright Street to Glenburn Court Renew approx. 120m of existing 200mm, 0 170,000 (including Glenburn Court to 300mm, and 375mm T.C. with new 200mm, dead end) and install approx. 50m of new 200mm sanitary sewer, including design and construction management services Belmont Street Courtenay Avenue to Mount Renew approx. 435m of 200mm T.C. sanitary 0 380,000 Pleasant Avenue East sewer, including construction management services Broadview Avenue Civic #57 to Civic #63 (between Renew 35 m of 375 mm T.C. sanitary sewer, 0 35,000 Sydney St. & Carmarthen St.) including design and construction management services Combined Sewer Various Renewal of existing combined sewers and 0 500,000 Separation Program separation of stormwater flows, including design and construction management services. Combined Sewer South / Central A strategy prioritizing the separation of 0 300,000 Separation Reduction combined sanitary and storm sewers for the Strategy - South / Central Southend and giving an estimate for budget purposes. One of the deliverables would be maps showing all existing sewers (storm, sanitary and combined) with proposed new sewers for separation including a Saintary Sewer Model. Edward Avenue Lancaster Avenue to end Renew approx. 220m of 150mm and 200mm 0 205,000 T.C. with new 200mm sanitary sewer, including design and construction management services Ellerdale Street Civic #506 to Westmorland Renew approx. 200m and install approx. 65m 0 190,000 Road of new 200mm sanitary sewer in conjunction with street reconstruction, including design and construction management services Fegan Court Wellesley Avenue to dead -end Renew 75 m of 300 mm sanitary sewer, 0 75,000 including design and construction management services Jack Street Sandy Point Road to end Renew approx. 175m of 200mm T.C. sanitary 0 126,000 sewer, including design and construction management services. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Sanitary Project Location Description Other Utility Share Share Jack's Field Gooderich Street to Wright Street, including James Fan Court to Autumn Street Leinster Street Sydney Street to Carmarthen Street Renew approx. 175m of 300mm T.C. and line 0 385,000 approx. 85m of 300mm and 375mm sanitary sewer; easement acquisition, including design and construction management services Renew approx. 130m of 300mm T.C. with new 0 120,000 200mm sanitary sewer, including design and construction management services Princess Street Wentworth Street to Crown Renew approx. 250m of 225mm and 300mm 0 240,000 Street T.C. with new 200mm and 300mm sanitary sewer, including design and construction management services St. James Street West Lancaster Street to Albert Street Renew approx. 600m of 225mm T.C. sanitary 0 560,000 sewer, including design and construction management services. Visart Street Adelaide Street to Natalie Street Renew approx. 110m of 225 mm T.C. (1925) 0 95,000 with new 200 mm sanitary sewer, including design and construction management services Wentworth Street King Street East to Orange Street Renew approx. 105m of 150mm and 300mm 0 95,000 T.C. with new 200mm sanitary sewer, including design and construction management services TOTAL: $0 $3,831,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility Share Share Adelaide Street Between Victoria Street and Renew approx. 125m of 250mm C.I. 0 135,000 Newman's Brook watermain, including design and construction management services. Albert Street Victoria Street to Main Street Renew approx. 160m of 200mm C.I. (1889) 0 165,000 with new 200mm watermain, including design and construction management services Autumn Street Wright Street to Glenburn Court Renew approx. 170m of existing 150mm C.I. 0 170,000 (including Glenburn Court to with new 200mm watermain, including design dead end) and construction management services Belmont Street Courtenay Avenue to Mount Installation of 400mm dia. (or smaller) 0 630,000 Pleasant Avenue East watermain to strengthen service feed from Loch Lomond Road to Courtenay Bay Causeway construction management services area, including construction management Fegan Court Wellesley Avenue to Crerar services. 0 Broadview Avenue Civic #57 to Civic #63 (between Renew 35 m of 200 mm C.I. (1917), including 0 35,000 Sydney St. & Carmarthen St.) design and construction management services Edward Avenue Lancaster Avenue to end; end of Renew approx. 220m of 150mm C.I. with new 0 240,000 Edward Avenue to end of Earle 200mm watermain; install approx. 75m of new Avenue 200mm watermain to loop end of Edward Avenue to end of Earle Avenue, easement and construction management services acquisition, including design and construction Jack Street management services Renew approx. 175m of 50mm copper with Ellerdale Street Civic #506 to Westmorland Renew approx. 200m of 400mm Hyprescon 0 220,000 Road Transmission Main in conjunction with street reconstruction, including design and construction management services Fegan Court Wellesley Avenue to Crerar Renew 75 m of 150 mm with 200 mm 0 85,000 Court watermain and extend with 60 m of 200 nun watermain to connect to dead -end of Crerar Court, easement acquisition, including design and construction management services Jack Street Sandy Point Road to end Renew approx. 175m of 50mm copper with 0 126,000 new 200mm watermain Leinster Street Sydney Street to Carmarthen Renew approx. 130m of 200mm C.I. 0 150,000 Street watermain, including design and construction management services Pokiok Road McLellan Street to Dead End Renew approx. 90m of 50mm brass watermain, 0 65,000 including design and construction management services Princess Street Wentworth Street to Crown Renew approx. 275m of 250mm C.I. (1924) 0 275,000 Street watermain, including design and construction management services MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility Share Share St. James Street West Watson Street to Albert Street Renew approx. 600m of 150mm and 200mm 0 655,000 watermain, including design and construction management services. Visart Street Adelaide Street to Natalie Street Renew approx. 150m of 200 mm C.I. (1957) 0 125,000 watermain, including design and construction management services * Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 1,500,000 0 Lining Phase 13 watermains to improve pressure, water quality, and fire flows. Project to be funded under G.T.F. Wentworth Street King Street East to Orange Street Renew approx. 155m of 150mm and 300mm 0 135,000 with new 200mm and 300mm watermain, including design and construction management services TOTAL: $1,500,000 $3,211,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking Water Project Location Description Other Utility Share Share Safe, Clean Drinking TBD Safe, Clean Drinking Water Program envelope 0 700,000 Water Program for 2017. Details of program for 2017 to be established and approved by Common Council. TOTAL: $0 $700,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Watershed Protection Project Location Description Other Utility Share Share Watersheds Various locations Construction of facilities to protect watersheds 0 200,000 from runoff from highway hazards, including design and construction management services TOTAL: $0 $200,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Watershed Protection Project Location Description Other Utility Share Share Proposed Program Summary For - 2018 Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 17 $0 $3,230,000 $3,230,000 Infrastructure Renewal - Water 18 $1,500,000 $3,930,000 $5,430,000 Safe, Clean Drinking Water 1 $114,600,000 $44,100,000 $158,700,000 TOTALS: 36 $116,100,000 $51,260,000 $167,360,000 Summary of Capital Costs (Utility Share) Infrastructure Renewal - Sanitary 6.3% Infrastructure Renewal - Wate r 7.7% Safe, Clean Drinking Wate r 86.0% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Share Utility Share Bryden Street Durham Street to End Renew 150 m of 300 mm sanitary sewer, 0 150,000 including design and construction management services City Line Charlotte Street West to Renew approx. 260m of existing 225mm T.C. 0 240,000 Guilford Street with new 200mm sanitary sewer, including design and construction management services Combined Sewer Various Renewal of existing combined sewers and 0 500,000 Separation Program separation of stormwater flows, including design and construction management services. Lansdowne Avenue Visart Street to Pugsley Avenue Install 175 m of new 300 mm sanitary sewer on 0 165,000 street (exist. is close to houses), including design and construction management services Magazine Street Metcalf Street to Webster Street Renew approx. 130m of deteriorated 200mm 0 110,000 sanitary sewer, including design and construction management services Milford Road Civic #101 to end of road Renew approx. 115m of 200mm and 180m of 0 220,000 300mm sanitary sewer, easement acquisition, including design and construction management services Paddock Street Waterloo Street to Coburg Street Renew approx. 240m of 225mm, 300mm, and 0 220,000 375mm T.C. sanitary sewers, including design and construction management services Pokiok Road Spar Cove Road to Belleview Renew approx. 45m of 300mm T.C. sanitary 0 45,000 Avenue sewer, including design and construction management services Prince William Street Duke Street to Queen Street Renew approx. 130m of existing 225mm and 0 150,000 300mm T.C. and cone. sanitary sewer, including design and construction management services Princess Street Sydney Street to Wentworth Renew approx. 285m of deteriorated 300mm 0 265,000 Street T.C. sanitary sewer, including design and construction management services Queen Square North Charlotte Street to Sydney Street Renew approx. 145m of 225mm T.C. with new 0 135,000 200mm sanitary sewer, including design and construction management services St. John Street Market Place eastward to Renew 170 m of 300 mm and 500 mm T.C. 0 160,000 Railroad Tracks with 300 mm and 375 mm sanitary sewer, including design and construction management services Summer Street Winter Street to End Renew approx. 185m of 225mm T.C. sanitary 0 120,000 sewer, including design and construction management services. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Sanitary Project Location Description Other Utility Share Share Waterloo Street Haymarket Square to Castle Renew approx. 330m of 300mm and 375mm 0 320,000 Street T.C.sanitary sewer (1869), including design and construction management services Waterloo Street Union Street to Cliff Street Renew approx. 230m of 300mm and 375mm T.C.sanitary sewer, including design and construction management services Wentworth Street Union Street to Elliott Row Renew 90 m of 300 mm T.C. sanitary sewer, including design and construction management services Winona Avenue Gooderich Street to end Renew approx. 3 l of 225mm cone. (1958) with new 200mm sanitary sewer, including design and construction management services 320,000 80,000 30,000 TOTAL: $0 $3,230,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility Share Share Bryden Street Durham Street to End Renew 150 m of 150 mm with 200 mm 0 165,000 watermain, including design and construction management services City Line Charlotte Street West to Renew approx. 260m of 100mm with new 0 290,000 Guilford Street 200mm watermain and install approx. 40m of new 200mm watermain to loop system and eliminate two dead ends, including design and construction management services Lansdowne Avenue Visart Street to Pugsley Avenue Renew 175 m of 150 mm with 200 mm 0 190,000 watermain, including design and construction management services Magazine Street Metcalf Street to Webster Street Renew approx. 130m of 200mm C.I. (1959) 0 110,000 watermain, including design and construction management services Milford Road Civic #101 to end of road Renew approx. 250m of 150mm C.I. and PVC 0 275,000 with new 200mm watermain, including design and construction management services Paddock Street Waterloo Street to Coburg Street Renew approx. 200m of 200mm watermain 0 240,000 (1949), including design and construction management services Pokiok Road Spar Cove Road to Belleview Renew approx. 115m of 200mm C.I. 0 105,000 Avenue watermain, including design and construction management services Prince William Street Duke Street to Queen Street Renew approx. 170m of existing 300mm C.I. 0 335,000 watermain, including design and construction management services Princess Street Sydney Street to Wentworth Renew approx. 285m of 250mm and 300mm 0 310,000 Street C.I. watermain, including design and construction management services Queen Square North Charlotte Street to Sydney Street Renew approx. 145m of 150mm with new 200 0 160,000 mm watermain, including design and construction management services Riverview Drive Cicic # 69 to Civic # 360 Renewal of approx. 530m of existing 150mm 0 615,000 diameter watermain, including design and construction management services St. John Street Market Place eastward to Renew 200 m of 200 mm watermain (1914), 0 220,000 Railroad Tracks including design and construction management services Summer Street Winter Street to End Renew approx. 185m of 150mm C.I. 0 135,000 watermain, including design and construction management services. MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C-**: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR *: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Infrastructure Renewal - Water Project Location Description Other Utility Share Share Waterloo Street Haymarket Square to Castle Renew approx. 330m of 300mm C.I. watermain 0 335,000 Street (1856), including design and construction management services Waterloo Street Union Street to Cliff Street Renew approx. 230m of 300mm C.I. 0 335,000 watermain, including design and construction management services * Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 1,500,000 0 Lining Phase 14 watermains to improve pressure, water quality, and fire flows. Project to be funded under G.T.F. Wentworth Street Union Street to Elliott Row Renew 90 m of 300 mm watermain, including 0 80,000 design and construction management services Winona Avenue Gooderich Street to end Renew approx. 55m of 25mm copper (195 8) 0 30,000 with new 50mm water service, including design and construction management services TOTAL: $1,500,000 $3,930,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Priority assignments are subject to change at any time. ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Safe, Clean Drinking Water Project Location Description Other Utility Share Share Safe, Clean Drinking TBD Safe, Clean Drinking Water Program envelope # # # # # # # ## 44,100,000 Water Program for 2018. Details of program for 2018 to be established and approved by Common Council. TOTAL: $114,600,00 $44,100,00 0 0 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS This is a tentative program listing of proposed capital projects. w &s: WATER AND SEWER RELATED PROJECTS This list has not been approved by Common Council. C -*`: PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR ': PROJECTS DEPENDANT ON FUNDING FROM OTHERS Priority assignments are subject to change at any time. Safe, Clean Drinking Water Project Location Description Other Utility Share Share REPORT TO COMMON COUNCIL OPEN SESSION M &C2013 -274 December 9, 2013 His Worship Mel Norton And Members of Common Council Your Worship and Councillors: SUBJECT Placing or Dumping of Fill - Update BACKGROUND In July 2013, Common Council passed the following resolution: =9y City of Saint John RESOLVED that Common Council direct the City Manager to report on potential controls respecting the placing or dumping of fill within the City of Saint John. ANALYSIS Since this resolution was passed, Staff of Growth and Community Development Services has been conducting preliminary research on the issue of the placing and dumping of fill, including an initial review of best practices in municipalities in the Maritimes and the rest of Canada. It has become clear to Staff that this issue is quite complex, touching on many areas, such as drainage, site preparation, stormwater management, zoning, permitting, unsightly premises, etc. The initial best practice review of other municipalities indicates that there is a wide variety of regulation of this issue, depending on the enabling legislation and appetite of the municipality to regulate such an issue. In some cases, Lot Grading by -laws require the use of consultants, adding costs and wait times to developers and property owners. Enforcement can be a resource - intensive program, depending on the by -law model implemented. Liability and risk to the municipality requires more in -depth review to determine where the City should head with issues associated with the placing of fill. Since the issue of the placing of fill touches on many by -laws and regulations that the Development Approval Process Review Team is reviewing in detail, and since this issue impacts the development community and property owners as a whole, 225 M &C2013 — 274 - 2 - December 9, 2013 Staff recommends that this issue be referred to the Development Approval Process Review Team to be included in their work plan. Looking at this issue in isolation of other development regulations would not be the best route to go. Having the Project team consider the issue of fill in conjunction with the rest of the Project will help to achieve the best outcome for the development community and property owners, and to ensure integration with the Review project already underway. RECOMMENDATION Your City Manager recommends that the issue of the placing or dumping of fill be referred to the Development Approval Process Review Project Team for inclusion in the Project's work plan. Respectfully submitted, Amy Poffenroth, P.Eng., MBA Deputy Commissioner and Building Inspector Growth and Community Development Services Jacqueline Hamilton, MCIP, RPP Commissioner, Growth and Community Development Services Patrick Woods, CGA City Manager 226 REPORT TO COMMON COUNCIL M &C- 2013 -278 December 9, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Procedure for Community Planning Matters BACKGROUND =9y City of Saint John At their meeting of July 2, 2013 Common Council resolved that the process of staff giving a presentation during the Public Hearing process for community planning applications be referred to the City Manager and the City Solicitor for an opinion and clarification on procedure and appropriateness. The following report is in response to this resolution and provides the following information for Council: an overview of the City's current practices around public engagement and Public Hearings, • a discussion around best practices for Public Hearing processes in other Canadian municipalities; • a review of applicable legislation; and • recommendations for improvements to current process. DISCUSSION The City has created a strong legacy of community engagement through its new Municipal Plan, PlanSJ, and is continuing with ZoneSJ, the program to develop a new Zoning By -law for the City. Over the past few years, the broadened approach to public engagement efforts has heightened Saint Johners awareness of and interest in community planning matters. Although such extensive programs around public engagement are not mandated in the Community Planning Act, they 227 M & C — 2013 — 278 - 2 - December 3, 2013 are an industry best practice as they ensure a transparent and fair process resulting in a greater level of understanding around complex community planning matters. Given the importance of community planning decisions to all stakeholders, professional planning staff play an important role in enabling an open, informed and inclusive process. Under the umbrella of a newly formed Growth and Community Development Service, there is an opportunity to make further improvements to the City's development approvals process to enhance the quality of information provided to both Council and the public as part of the decision - making process for planning applications. This is an important part of the Service area's efforts to update, modernize and streamline development application processes to ensure they align with industry best practices and support good governance and decision - making. The Current Process for Public hearings Public Hearings are a legislated step in the development approvals process for a number of planning applications including amendments to a Municipal Plan or Zoning by -law or adoption of site specific section 39 conditions. Given the importance of these planning decisions to the future of a community, the Public Hearing process is a requirement under the Community Planning Act. The Public Hearing ensures any interested party is guaranteed the opportunity to publicly express their opinion, in favour of or in opposition to, an application before Council, prior to Council deliberating on the matter and making a decision. A Municipal Plan is a long term policy document which establishes a community's vision for growth and change. Importantly, it is also a living document and a tool for managing community change through established planning processes. These application processes provide an opportunity for technical and professional review and public input to ensure the changes being proposed are consistent with the vision for the community as articulated in the Municipal Plan. The current process for planning applications in Saint John includes the following procedures: • Public are formally notified of the application through advertisements in the local newspaper and formal letters advising of the proposal; • Letters are sent to property owners within a defined distance of the property that is the subject of the application; • Council refers the application to its Planning Advisory Committee (PAC) for a review and recommendation; 228 M & C — 2013 — 278 -3 - December 3, 2013 • Planning staff undertake a technical review of the proposal, prepare a report and recommendations to PAC on whether or not the application is consistent with the Municipal Plan; • The professional staff report and recommendation is considered by the PAC who also allows members of the public to voice their opinions on the proposal before making a recommendation to Council on the application; • Members of the public can make written or verbal presentations to Council as part of the public hearing process; • During the public hearing at Council, members of the public are invited to speak for or against an application; • The applicant is provided an opportunity to provide remarks on their application answer any questions that were raised by members of the public; • Council discusses, deliberates and ultimately makes a decision to move ahead with approval, denial or tabling of the application; and • Reports from the Planning Advisory Committee and Professional Planning staff and various information including the proposed by -law changes form part of the Council package to support Council decision - making. Professional planning staff are present at both the Planning Advisory Committee meeting and the Public Hearing before Council to provide support and answer any questions Council or PAC members may have. Currently, there is no formal opportunity for Council's professional planning staff to provide a brief presentation at the beginning of the Public Hearing process in order to set the context for the application and provide an overview of the planning considerations that are relevant to the application before them; a procedural element that is commonly adhered to in other jurisdictions as it ensures an open and informed process prior to a decision being rendered. The information to support Council decision - making on planning applications is currently provided in the staff report and the package of information that is prepared and released ahead of the Public Hearing. This current package includes a copy o£ • the draft amending by -law; • the Public Notice advertised in the Telegraph Journal in accordance with the requirements of the Community Planning Act; • the application and supporting information such as the site plan, building elevations and floors plans; • the letter from the Chair of the Planning Advisory Committee (PAC) outlining the Committee's recommendation on the matter and providing a synopsis of deliberations on the matter from the Committee's meeting; • the letters received from the public regarding the application; and • the Staff Report prepared by professional planning staff that was provided to the PAC containing community planning's analysis of the application and the recommendation. 229 M & C — 2013 — 278 - 4 - December 3, 2013 The challenge is that the staff reports are often lengthy and by the time an application has been through the Planning Advisory Committee meeting and is then before Council for the Public Hearing, the staff report is one piece of a large package of information that is forwarded to Council with no summary to assist decision makers with their review. Previous Precedents The practice of staff presenting ahead of a Public Hearing process has been undertaken in the past on several large and in some cases, contentious applications and on significant new bylaws such as the adoption of P1anSJ, the City's new Municipal Plan. The most recent example took place in July 2013 at the Public Hearing for a rezoning application for an expansion to an existing gravel pit operation at 460 Latimore Lake Road. This file involved extensive Section 39 conditions for the new extraction area as well as Section 101 conditions that were being applied to the existing operation. Given the nature of the application and the history of multiple applications before Council requesting this expansion, the file had garnered public attention and was contentious in the community. The brief presentation by planning staff that took place just prior to the formal Public Hearing beginning included an overview of the application, an aerial fly- over of the site to better describe the location and site context, as well as an explanation of the rationale for the recommended conditions for approval. The presentation, provided clarity for all those present that evening, as this was a complex file and there had been a lengthy PAC meeting and many letters written by stakeholders. The presentation focused on the community planning analysis and rationale behind the recommendations to ensure a clear, transparent exchange of information for all decision makers and stakeholders prior to the Public Hearing beginning. During the PlanSJ Public Hearing process, a staff presentation was provided to give context to Council and the public on the process and content of the new Municipal Plan which was adopted as a formal by -law of the City. A number of other improvements were also made to the public hearing process including: • Pre- registration of speakers was encouraged given the significant number of speakers anticipated; • Guidelines for speakers were made available to the public which included speaker time limits and guidance on the appropriate content and approach to public presentations; and • First and second reading by Council was postponed to allow staff to prepare a public engagement report and consider and make recommendations to address the public input received. These improvements made for an effective hearing process and supported Council in making an informed decision on the significant input received, ensuring well 230 M &C- 2013 -278 -5- thought out recommendations for change that considered professional standards, public input and community planning considerations. Best Practices from other Municipalities Planning staff have reviewed the process followed by other Canadian municipalities both inside and outside of New Brunswick. Referring to Table 1 below, staff presentations form a central part of Public Hearing processes in most jurisdictions as they provide clarity and transparency ahead of when decision makers are expected to deliberate and ultimately make a decision on a community planning matter. December 3, 2013 Table 1.0: Public Hearing Best Practices Municipality Staff Presentation Speaker Time Limits Vancouver X X Edmonton X X Calgary X X Saskatoon X X Ottawa X Moncton X Fredericton Miramichi X Rothesay X Halifax Regional Municipality X X *Note: Fredericton Planning staff indicated that Public Hearings in Fredericton tend to be `non- events' with a higher level of public participation occurring at the Planning Advisory Committee meeting. It was also noted that Fredericton appoints members of council to the City's Planning Advisory Committee and that a Standing Committee of Council exists on development matters which tends to create more awareness among decision - makers as an application is progressing through the process. In addition to a presentation from planning staff on the application, many municipalities also have time limits for anyone speaking at a Public Hearing. Staff note that the City's Planning Advisory Committee has adopted a 10 minute time limit for each individual addressing the Committee as part of their Rules of Procedure. A professional staff presentation at the beginning of a Public Hearing is considered an industry best practice and would provide improved clarity for all stakeholders and decision makers with respect to the community planning applications. Implementing this practice would provide the following benefits: • clearer understanding of the overall context of the application including the location of the proposal relative to surrounding land uses; • Analysis of the proposal relative to the Municipal Plan and relative planning considerations; 231 M & C — 2013 — 278 - 6 - December 3, 2013 Summary of the public input received to -date including the recommendations from the City's Planning Advisory Committee; and importantly, Rationale for the recommendations from professional planning staff on conformance with the Municipal Plan. Legislative Considerations Planning staff have reviewed the legislative authority for permitting a staff presentation prior to a Public Hearing with the City Solicitor's Office. Within the Community Planning Act and Council's Procedural Bylaw there is nothing that limits a municipality from permitting a presentation from staff prior to a Public Hearing to provide an overview of the application and the community planning rationale behind the professional planning recommendation. Opportunities for Improvement The Public Hearing process ensures that all stakeholders are guaranteed the opportunity to speak to Council concerning an application for a proposal to amend a Municipal Plan and Zoning By -law. These are very important decisions for the future of the community. Permitting a staff presentation is an industry best practice as it provides clarity and transparency for all stakeholders and decision makers' at the most important time: when the application is to be discussed, debated and have a decision rendered. Going forward, staff recommends Council implement this practice as a standard in all public hearings held with respect to community planning matters. A consistent template would be devised for staff presentations to be included in Council's package to provide an "executive summary" including visuals of the site and all relevant information for Council's consideration. It is recommended that as a consistent practice that planning staff be given the opportunity to deliver a concise (maximum 10 minute) presentation in advance of Council receiving input from the public to set the context for the hearing and Council's debate. It is intended for routine, noncontroversial applications that Council have the discretion to waive the requirement for a staff presentation. It is anticipated that further improvements to development approvals processes will be brought forward for Council consideration as part of the current efforts being undertaken by the development process review team. 232 M & C — 2013 — 278 - 7 - December 3, 2013 RECOMMENDATION: That Council adopt a business practice to enable a brief 10 minute presentation by Professional Planning staff at the beginning of a Public Hearing scheduled for consideration of a planning application. Respectfully submitted, Mark Reade, P.Eng., MCIP, RPP Senior Planner Stacey Forfar, MCIP, RPP Deputy Commissioner, Community Planning & Enrichment Jacqueline Hamilton, MCIP, RPP Commissioner Growth & Community Development Services J. Patrick Woods, CGA City Manager MR 233 REPORT TO COMMON COUNCIL M & C — 2013 -276 December 3, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Tender Withdrawal — Maritime Fence Ltd. Forest Hills Fence Replacement BACKGROUND On August 29, 2013 the City issued Tender No. 2013- 083101T for the replacement of the chain link fencing around the ballfields of the Forest Hills complex. The tender closed on Wednesday, September 18, 2013. The City received two tenders as a result: Maritime Fence Ltd. for $112,020 plus HST; and Fundy Fencing Ltd. for $184,900 plus HST At its meeting on September 30, 2013 Common Council awarded the contract to the low bidder, Maritime Fence, as per staff's recommendation of M &C report #2013 -204. Subsequently, City staff have received a letter from Maritime Fence Ltd. requesting the withdrawal of their tender submission. (letter attached) ANALYSIS The scope of work for this project was detailed in a set of specifications and drawings made available to the bidders on this project. The scale on one of the plan drawings was incorrect and Maritime Fence Ltd. relied on said scale when preparing their bid submission. Maritime Fence Ltd. did not verify measurements of the work before submitting their bid. Once Maritime Fence Ltd. were notified of the tender award, and while preparing to order materials to complete the project, they verified fencing measurements and noticed their submission only included half of the fencing material required to complete the work. Staff have confirmed with Fundy Fencing Limited that they included the correct quantities in their submission and are prepared to enter into a contract for this work. Their bid submission is still within the 90 day period of irrevocability (which expires December 18, 2013). 234 Page 2 The above process is in accordance the City's Procurement Policy for the withdrawal of tenders after tender opening. (Section 5.6 (e)) INPUT FROM OTHER SOURCES Staff of the Parks and Public Spaces division of Transportation and Environment Services, were consulted in the drafting of this report and support the recommendations being set forth. RECOMMENDATION Staff recommend adoption of the following resolution: 1. That Common Council rescind its September 30, 2013 resolution to award Tender 2013- 083101T to Maritime Fence Ltd.; and 2. That Tender 2013- 083101T be awarded to the next lowest compliant tenderer, Fundy Fencing Limited at a cost of $184,900.00 plus H.S.T. and that the Mayor and Clerk be authorized to execute the necessary documents. Respectfully submitted, Cindy Calvin, CPPB Manager of Materials Management Greg Yeomans, MBA, CGA Commissioner of Finance and Administrative Services Patrick Woods, CGA City Manager 235 F• E•N •C•E November 29, 2013 City of Saint John 2nd Floor 175 Rothesay Avenue Saint John, NB E2S 2134 Attention: Chris Roberts SCMP, CPPB Dear Mr. Roberts, WITHOUT PREJUDICE: Maritime Fence Ltd 574 West River Road P.O. Box 7365, Grand Falls, NB E3Z 3E7 Phone: (506) 475 -8274 Fax: (506) 475 -1939 Toll Free: 1 (866) 271 -4040 RE: TENDER FOR: Tender No. 2013- 083101T Forest Hills Ballfield — Fence Replacement Please be advised that we are willing to withdraw our bid as a result of the error on the drawing. The withdrawal of our bid is conditional on the City of Saint John not pursuing our bid bond. If this is acceptable to you, we hereby withdraw our bid. You are free to proceed as you wish with respect to awarding the work under the current tender or to re- tender the work. In the event that you award the work to another bidder, we will not pursue the City of Saint John for any right of action that we may have as a result of the award. We look forward to working with you on other matters in the future. Yours very truly, 236 City Solicitors Office Bureau de Pavocat municipal Y � 1 November 29, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: Re: Amendment to the Traffic By -Law School Zones At its meeting held on September 3, 2013, Common Council resolved to "approve a Safer School Zones Program to be given priority within the Traffic Calming Policy" and "to direct the City Solicitor to prepare the appropriate Traffic By -Law Amendments described in this report." This correspondence has been prepared as a result. In a report dated August 28, 2013, the City Manager recommended the adoption of a "companion document `Safer School Zones' to the Traffic Calming Policy ", which Traffic Calming Policy Council had adopted in 2012. In this report, the City Manager advised that defining the school zones around elementary and middle schools will form part of the first year of the implementation of the said "Safer School Zones Program" and will require amendments to the Traffic By -Law. The City draws its authority to regulate traffic from the Motor Vehicle Act. Below are the relevant provisions of the Motor Vehicle Act pertaining to school zones: 140.1(1) No person shall drive a vehicle in a school zone during the hours of 7:30 a.m. to 4:00 p.m., on the days during which a public school or private school in the vicinity of that school zone is in session, at a speed in excess of (a) fifty kilometres per hour in an urban district, (b) the speed limit prescribed in accordance with the provisions of subsection (2) or subsection 142(2), or ... 140.1(5) Any person who violates the provisions of subsection 140.1(1) P.O. Box 1971 C.P. 1971 Saint John, NB Saint John, N. -B. Canada E21L 41_1 Canada L2L 4L1 SAINT JOHN www.saintjohn.ca 237 2 Common Council November 29, 2013 (a) by driving at a speed of twenty -five kilometres per hour or less in excess of a speed limit referred to in that subsection commits an offence, (b) by driving at a speed of more than twenty -five kilometres per hour but not more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence, or (c) by driving at a speed of more than fifty kilometres per hour in excess of a speed limit referred to in that subsection commits an offence. 140.1(7) Notwithstanding section 51 or subsection 56(3), (5) or (8) of the Provincial Offences Procedure Act, where a person is convicted of an offence under paragraph 5(a), (b) or (c), the minimum fine shall be double the minimum fine specified in the Provincial Offences Procedure Act for that category of offence. 142(2) Subject to subsection (5), a local authority may, by by -law, designate parts of highways within its bounds or jurisdiction that are in the vicinity of public or private schools to be designated as school zones, and may prescribe for such parts a lower rate of maximum speed than the rate of speed prescribed in paragraph 140.1(1)(a) for such highways and such rate of speed shall be in effect during the hours of 7:30 a.m. to 4:00 p.m. on the days during which a public school or private school in the vicinity of that school zone is in session. 142(3) A local authority shall erect signs on those parts of highways that are designated as school zones to mark each school zone. 142(4) A part of a highway that has been designated as a school zone shall be marked at the commencement and at the end of the zone with signs facing approaching traffic. In short, a municipality may designate in a by -law parts of streets within its jurisdiction, that are in the vicinity of private or public schools, as school zones and set a lower rate of speed than the 50 km /h stipulated in the Motor Vehicle Act for the said zones. If it does so, the municipality must mark the school zones by erecting signs on the streets as identified in the by -law pursuant to the provisions of the Motor Vehicle Act. A person who is convicted of driving in a school zone, while school is in session, at a rate of speed in excess of what is prescribed shall be liable to pay double the minimum fine (depending on the actual speed, the minimum fine would either be $280 - rather than the regular $140, $480 - rather than the regular $240, or $1,000 - rather than the regular $500). In his report, the City Manager did not recommend to set a lower rate of speed for the designated school zones. Pursuant to subsection 140.1(1), the rate of speed will therefore be fifty kilometres per hour in the designated school zones. r 3 Common Council November 29, 2093 Section 23 of the Traffic By -Law addresses school zones and currently reads as follows: "School Zone 23 On any day on which school is held, no person shall drive a motor vehicle within a "school zone ", so marked or indicated by signs, at a speed or in a manner that would not allow the driver to bring the vehicle to a complete stop in the event that any child or pedestrian shall suddenly appear on the roadway." Attached to this report is an amendment to the Traffic By -Law which deletes section 23 and replaces it with a new section 23 which stipulates that those portions of streets listed in Schedule T are designated as school zones. Also part of the amendment is a new Schedule T which outlines the school zones identified by the City Manager in his August 28, 2013 report. It is appropriate for Council to give the attached amendment first and second reading. Respectfully Submitted, Ve John L. Nugent City Solicitor Enclosures 239 BY -LAW No.: A 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 ARRETE No: ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTt CONFORMEMENT A LA LOI SUR LES VfHICULES A. MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrdtd cc qui suit: A By -law of The City of Saint John entitled "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 ", enacted on the 19Th day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Parretti de The City of Saint John intituld « Arrete relatif a la circulation dans les rues de The City of Saint John ddicte conformement a la Loi sur les vMicules a moteur (1973) et modifications afferentes », decretd le 19 ddcembre 2005, est modifid comme suit : 1 Section 23 is repealed and replaced with 1 L'article 23 est abroge et remplacd par ce qui the following: suit "23(1) Those parts of streets listed in Schedule "T" «23(1) Les sections de rues listees a 1'Annexe T are designated as School Zones." sont ddsigndes comme zones d'dcole. » 2 By adding the attached Schedule T — School Zones, immediately after Schedule S. 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 signed by: Mayor /maire 2 Par l'adjonction de 1'Annexe T - Zones d'dcole — ci jointe, immediatement apres 1'Annexe S. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2013, avee les signatures suivantes : Common Clerk/greffier communale First Reading - Premiere lecture Second Reading - Deuxiemc lecture Third Reading - Troisieme lecture 240 SCHEDULE T SCHOOLZONES MUNICIPAL STREET LIMITS 121 metres north of Promenade Bay Chalmers Drive to Dead Bay Crescent Drive End souther) Daniel Avenue to 172 m. Black Street southerly Sand Cove Road to 137 m Bleury Street norther) Rue Bleury Fundy Drive to Summer Centre Street Street West Rue Centre Bay Crescent Drive to 227 Chalmers Drive metres easterly 268 metres north of Promenade Chalmers Creighton Avenue to 40 metres south of Sherwood Champlain Drive Drive Tower Street to Queen City Line Street West Constance Street Valerie Street to Dead End City Line Loch Lomond Road to 286 Courtney Avenue metres souther) Rue Constance Fourth Street to 223 metres Cranston Avenue north of Wellesley Avenue Avenue Courtney MacAuley Avenue to 117 Daniel Avenue metres east of Black Street Black Street to 101 metres Donaldson Street easterly City Line to 82 metres DufFerin Row souther) Avenue Daniel 54 metres north of Newman Street to 51 metres south of Durham Street Newman Street Newman Street to 48 Elgin Street metres souther) Loch Lomond Road to Ever reen Avenue Hemlock Street Cranston Avenue to Parks Fifth Street Street Thomas Avenue to 40 Rue Elgin metres west of Centre Fundy Drive Street Ave Ever reen Westmorland Road to 341.7 Rue Fifth metres south of Glengarry Drive Westmorland Road ANNEXE T ZONES D'ECOLE RUES MUNICIPALES LIMITES D'un point situ& a 121 metres au Promenade Bay nord de la prom. Chalmers a Crescent son extremit& en direction sud. De Pave Daniel a un point situ& Rue Black a 172 m. en direction sud Du chemin Sand Cove a un point situ& a 137 m. en direction Rue Bleury nord De la pram. Fundy a la rue Rue Centre Summer Ouest De la prom. Bay Crescent a un point situ& 227 m. en direction Promenade Chalmers est D'un point situ& 268 m. au nord de Pave Creighton a un point situ& 40 m. au sud de la prom. Promenade Champlain Sherwood De la rue Tower a la rue Queen City Line Ouest De la rue Valerie a son Rue Constance extremite Du ch. Loch Lomond a un point Avenue Courtney situ& 286 m, en direction sud De la rue Fourth a un point situ& 223 m. au nord de Pave Avenue Cranston Wellesley De Pave MacAuiey a un point situ& 917 m. a Pest de la rue Avenue Daniel Black De la rue Black a un point situ6 Rue Donaldson 101 m. en direction est De la City Line a un point situ& —Rang Dufferin 82 m. en direction sud D'un point situ& 54 m. au nord de la rue Newman a un point situ@ a 51 m. au sud de la rue Rue Durham Newman De la rue Newman a un point Rue Elgin situ& a 48 m. en direction sud Du ch. Loch Lomond a la rue Ave Ever reen Hemlock Rue Fifth De Pave Cranston a la rue Parks De l'ave Thomas a un point situe 40 m. a I'ouest de la rue Promenade Fundy Centre Du ch. Westmorland a un point situ& 341,7 m. au sud du ch. Promenade Glenaarry Westmorland 241 242 68 metres north of Young Street to 192 metres south Havelock Street of Young Street Lakewood Avenue to 192 metres south of Lensdale Lakeview Drive Crescent Lakeview Drive to Dead Lensdale Crescent End 227 metres west of Courtney Avenue to 200 metres east of Courtney Loch Lomond Road Avenue 132 metres north of Chemin Catherwood Street to Manawagonish Road O'Brien Street 86 metres south of Valerie Street to 80 metres north of Millidge Avenue Valerie Street 8 metres west of Elgin Street to 48 metres east of Newman Street Durham Street Fourth Street to Dead End Parks Street northerly Extension de la rue Parks Street to 120 metres Parks Street Extension norther) 87 metres north of St. James Street to 57 metres Pitt Street south of St. James Street Princess Court Simpson Drive to Dead End Woodward Avenue to 355 Ragged Point Road Metres norther) 88 metres west of Bleury Chemin Ragged Point Street to 174 metres east of Sand Cove Road Bleury Street MacLaren Boulevard to Sandy Point Road 478 metres norther) 241.5 metres south of Todd Chemin Sandy Point Street to 87.7 metres north Simpson Drive of Todd Street Cranston Avenue to Dead Sixth Street End Centre Street to 143 metres Summer Street West easterly Pitt Street to 79 metres St. James Street west of Wentworth Street City Line to Lancaster St. John Street Street 127.5 metres west of Rue St. John Simpson Drive to 37.5 metres east of Simpson Todd Street Drive Crown Street to 315 metres Union Street wester) Millidge Avenue to Valerie Street Constance Street Somerset Street to Wellesley Avenue Cranston Avenue 100 metres north of St. Avenue Wellesley James Street to 51 metres Wentworth Street I south of St. James Street 242 D'un point situ6 68 m. au nord de la rue Young a un point situ6 Rue Havelock 192 m. au sud de la rue Young_ De I'ave Lakewood a un point situ6 192 m. au sud du croissant Promenade Lakeview Lensdale De la prom. Lakeview a son Croissant Lensdale extremity d'un point situ6 227 m. a l'ouest de Pave Courtney a un point situ(§ 200 m. 2 1'est de I'ave Chemin Loch Lomond Courtney D'un point situ& 132 m. au nord Chemin de la rue Catherwood a la rue Manawagonish O'Brien D'un point situ& 86 m, au sud de la rue Valerie a un point situ6 80 Avenue Millidge m. au nord de la rue Valerie D'un point situ& 8 m. a l'ouest de la rue Elgin a un point situ6 48 Rue Newman m. a 1'est de la rue Durham De la rue Fourth a son extr(§mit6 Rue Parks nord Extension de la rue De la rue Parks a un point situ6 Parks a 120 m. en direction nord D'un point situ(§ 87 m. au nord de la rue St. James a un point situ6 57 m. au sud de fa rue St. Rue Pitt James De la promenade Simpson a Impasse Princess son extremite De I'ave Woodward a un point Chemin Ragged Point situ6 355 m. en direction nord d'un point situ(§ 88 m. a I'ouest de la rue Bleury a un point situ6 Chemin Sand Cove 174 m. a 1'est de la rue Bleury Du boul. MacLaren a un point Chemin Sandy Point situ6 478 m. en direction nord D'un point situ(§ 241,5 m. au sud de la rue Todd a un point situ6 Promenade Simpson 87,7 m. au nord de to rue Todd De I'ave Cranston a son Rue Sixth extremite De la rue Centre a un point situ6 Rue Summer Ouest 143 m. en direction est De la rue Pitt a un point situ6 79 Rue St. James m. a l'ouest de la rue Wentworth De la City Line a la rue Rue St. John Lancaster D'un point situ6 127,5 m. a l'ouest de la prom. Simpson a un point situ6 37,5 m. a 1'est de Rue Todd la prom. Simpson De la rue Crown a un point situ6 Rue Union 315 m. en direction ouest De I'ave Millidge a la rue Rue Valerie Constance De la rue Somerset a I'ave Avenue Wellesley Cranston D'un point situ6, 100 m. au nord de la rue St. James a un point situ6 51 m. au sud de la rue St. Rue Wentworth James 242 243 123.8 metres south of Glengarry Drive to 272 metres north of Glengarry Westmorland Road Drive Fundy Drive to 100 metres Whipple Street easterly 151 metres east of Havelock Street to 67 metres west of Havelock Young Street Street 243 D'un point situe 123,8 m. au sud de la prom. Glengarry a un point situe 272 m. au nord de la prom. Chemin Westmorland Glengarry De la prom. Fundy a un point Rue Whipple situ& 100 m. en direction est D'un point situe 151 m. A 1'est de la rue Havelock a un point situ& 67 m. a l'ouest de la rue Rue Youno avelock 243 REPORT TO COMMON COUNCIL M & C #2013 -270 December 9, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Amendment to Conditions of Sale for City Owned Property 80 University Avenue — Gorman Arena Site BACKGROUND: City of Saint Jahn On May 21, 2013 Common Council adopted a resolution to enter into an agreement of Purchase and Sale with SHX Development Limited ( Shannex) for the sale of a portion of its property identified as being PID #42036, commonly referred to as the Gorman Arena site. The proponent intends to construct a senior retirement complex on the site. According to the agreement of Purchase and Sale the Purchaser is responsible to construct a detention pond to the specifications as required by the Chief City Engineer. Once the construction of the said pond is completed, an area of approximately 3.7 acres containing the pond is to be conveyed back to the City for one dollar ($1.00). The City must inspect the construction of the detention pond to ensure it is built according to the approved engineering plans. The City's cost for the construction of the detention pond will be $1,100,000.00. The City is responsible to pay to Shannex $550,000.00 upon conveyance of the pond and surrounding area back to the City along with a final payment of an additional $550,000.00 one calendar year later. ANALYSIS: As Council is undoubtedly aware, site preparation for the new senior living complex has been ongoing for several months. The contractor responsible for the site preparation and also the construction of the detention pond has run into a few setbacks which slowed down the pace for the completion of the pond. One of the conditions in the agreement of Purchase and Sale is that Shannex is not to start construction of any buildings above grade on the Purchased Lands, prior to "completion" of the Stormwater Detention Pond. Though the Pond is not yet completed, Shannex has indicated they are scheduled to receive their per- fabricated shells for the buildings beginning the week of December 90', 2013. It is Shannex's intention to commence the construction of the buildings upon receipt of the said shells. Shannex is requesting an amendment to the terms and conditions of agreement of Purchase and Sale to allow for construction of the buildings to commence, prior to the completion of the detention pond. 244 Shannex Development - 2 - December 9, 2013 City Infrastructure Development has reviewed the request of the developer. Due to construction delays and now given the time of year, the developer is not able to complete the slope stabilization and sodding of the ponds, which are the last remaining items to be completed. The developer has indicated that the ponds will be fully functional by the week of December 9, 2013 and would like to start above grade construction of their buildings. City Engineering advises that once the ponds have been constructed to a fully functional state they would address the stormwater management concerns for the site in the short term. This is with the understanding that the final slope stabilization and sodding will be completed in the Spring of 2014 and that the developer will continue to be responsible for the ponds until they have been fully constructed and conveyed back to the City. The City's obligation to pay for the pond is triggered by the conveyance of it back to the City. The City therefore would not pay for the construction of the pond until the Spring of 2014 when it will be conveyed. The legal department drafted an amending agreement which will allow Shannex to begin construction of buildings above grade on the condition that Shannex complete the construction of the pond by June 30"', 2014, and on the condition that Shannex retain the liability associated with the pond until the pond is conveyed back to the City. A copy of this amending agreement is attached to this report. If Council is in agreement, the following recommendation would allow Shannex to begin construction of the buildings on the site, prior to completion of the detention pond to the City. RECOMMENDATION: That the City enter into an amending agreement with SHX Development Limited in the form as attached to this M &C No.2013 -270, the purpose of which is to allow SHX Development Inc. to begin construction of buildings above grade on stipulated conditions, and that the Mayor and Clerk be authorized to execute the amending agreement. Respectfully submitted 6�i&lle, B Real Estate Offio�r Greg Yeomans, CGA, MBA Finance and Administrative Services Attachment CL /c 245 �an Iry BSA ger Real Estate Patrick Woods, CGA City Manager L OEM* Q*J a. S H A N N E X Curtis Langille T Real Estate Services City of Saint John PO Box 1971 Saint John, NB EX 4L1 November 28h, 2013 Dear Curtis, RE: Amendment to Agreement Shannex is requesting an amendment to our agreement regarding the storm detention system The construction of the storm detention system has continued this past summer and fall as originally planned. As of December 6h, the outlet structure and general pond system will be in place. Given the time of year, the finish work such as permanent stabilization cannot accrue until spring. As a result, Shannex is requesting the final transfer process of the Pond System to the City now occur in spring 2014 once final stabilization has been completed. Shannex is also requesting that given the Ponds are now functional, we be permitted to proceed with our above grade construction after December 6, 2013. Thank you in advance for your cooperation on this file to -date and the consideration you can direct to our request. Regards, �--+ Darrell Dixon Construction Manager Shannex Incorporated 48 Lovett Lake Court, Halifax, NS US 1138 • T 902.454.7499 • F 902.453.5412 www.Shannex.com 247 THIS AMENDING AGREEMENT made this day of December, 2013, BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, (the "Vendor") OF THE FIRST PART - and - SHK DEVELOPMENTS LIMITED, a body corporate incorporated under the laws of the Province of Nova Scotia, maintaining its head office in the City of Halifax, in the Province of Nova Scotia, (the "Purchaser") OF THE SECOND PART WHEREAS the Vendor and the Purchaser entered Into an Agreement dated May 16, 2013 (hereinafter the "Agreement") whereby the Vendor agrees to sell and convey a portion of its lands as Identified in Schedule "B" to the Agreement to the Purchaser, AND WHEREAS the land conveyance contemplated in the Agreement dosed on July 23i° 2013 (hereinafter the "Closingw); AND WHEREAS the Agreement provided that the Purchaser would, after the Closing, carry out at its own expense the construction of a Stormwater Detention Pond in accordance with the Engineering Drawings prepared by Brunswick Engineering & Consulting Inc. and approved by the Chief City Engineer (hereinafter the "Drawings "); AND WHEREAS the Purchaser covenants and agrees in the Agreement not to begin construction of any buildings above grade on the Purchased Lands prior to completion of the Stormwater Detention Pond; AND WHEREAS the Purchaser has requested that it be permitted to commence construction of buildings above grade before the Stormwater Detention Pond is completed in accordance with the Drawings and to the satisfaction of the Chief City Engineer; AND WHEREAS the Purchaser has advised that the Stormwater Detention Pond Is functional, even though It is not completed in accordance with the Drawings; NOW THEREFORE In consideration of the mutual covenants and agreements set forth in this Amending Agreement, and for other good and valuable consideration, (the receipt and sufficiency of which is hereby acknowledged), the parties hereto covenant and agree as follows: NM 1. Notwithstanding anything contained in the Agreement, the Purchaser may begin construction of buildings above grade before the construction of the Stormwater Detention Pond is completed, on the following conditions: a. The Purchaser shall complete the Stormwater Detention Pond in accordance with the Drawings and to the satisfaction of the Chief City Engineer no later than June 30,2014-, b. The Purchaser shall, until the Stommater Detention Pond Is conveyed to the Vendor in accordance with the Agreement, be solely responsible for the said pond and any damage and/or injury caused by, resulting from or in any way associated with the said pond or it not being functional or completed; c. The Purchaser does hereby indemnifies and saves harmless the Vendor from and against all actions, causes of actions, proceedings, claims and demands brought against the Vendor, and from and against all losses, costs, damages or expenses suffered or incurred by the Vendor, by reason of any damage to property, including property of the Vendor, or injury, including injury resulting in death, to persons. including the employees, servants, agents, licensees and Invitees, of the Vendor, caused by, resulting from or attributable to the Stormwater Detention Pond; d. In the event that the Stormwater Detention Pond is not functioning as it is Intended in the Drawings, the Purchaser shall, at its sole and absolute cost, do the work as instructed by the Chief City Engineer, acting reasonably, to render and maintain the said pond functional until it is conveyed to the Vendor in accordance with the Agreement IN WITNESS WHEREOF the Purchaser has executed this Agreement this � day of December, 2013. SHX Developments Limited Per Witness Per 249 IN WITNESS WHEREOF the Vendor has executed this Agreement this day of December, 2013 The City of Saint John Per Mayor Per: Common Cleric Common Council Resolution Date: 250 's Mayor Mel Norton Z � c Ve- ..bers of Common Council Z Your Worship and Members of Council: Subject: Support for ZoneS1 Uptown Saint John Inc. is a strong supporter of Plansj, the City's new Municipal Plan and the next level of detail Zonesj, the Zoning By -law. We recognize that these two documents are integral to achieving the community's vision for sustainable development in our city. Members of Uptown Saint John have actively participated along with hundreds of other Saint John residents in the process that led to the — development of these documents. As Common Council grapples with allocating funds to various municipal projects each year, these c documents will help to guide those expenditures so we will be the � 'Renaissance City'. _T� ` We look forward to development happening where it should and with the level of quality expected by the community. Recent developments have already begun to demonstrate the current and future expectations of the community. Saint John's future depends on smart growth, which requires development intensification of our 'Primary Centers" such as the Uptown. Recently we presented Council with facts on the growth potential of the Uptown and area. The Plansj and Zonesj documents both support the growth of this primary center through the freezing of development on o rural unserviced land and the relaxing of certain requirements such as parking for infill development in the uptown area. We have forecasted growth but it is not unlimited and therefore needs to be planned to C maximize the returns for the community. We can no longer afford to have our growth dispersed over our city's large land area. 0 New policies and regulations are critical to developing the city in a sustainable manner, but we need to go one step further to kick start the process of infilling and increasing the density in the core of our city. Recently we outlined a number of tools that will incent development where we want it. We strongly encourage Council to adopt as many of these incentives as possible in 2014 to help realize our shared goals. Page 1 of 2 T. 506.633.9797 F. 506.652.3525 www.uptownsj.com 251 Zonesj Support Mayor and Council Uptown Saint John Inc. November 27, 2013 Population Growth Opportunity - A recent study of the uptown peninsula concluded the following: • 36 acres of vacant or underdeveloped land; • 6 kilometers of frontage on serviced streets; z • Min of 2,260 new housing units could be developed; • new annual tax revenue of $4.3 million. z This can all be done without building new streets, sidewalks, or other municipal infrastructure because it already exists. Increased population in the Uptown Primary Center' will grow the Renaissance City by supporting new and existing commercial and retail businesses. Kick starting population growth where we want it requires incentives: • Improve the quality of the streets and sidewalks; z • Improve the quality of parks and green spaces; • Incent developers financially through grants, tax inducements, < guiding them through the process, density bonuses and other `/ creative means. E_ Neighbourhood Plan - While many of the above objectives can be r initiated immediately, we also view the preparation of a neighbourhood T plan as the next step in the Plans' process following the adoption of the w Zoning By -law. A current neighbourhood plan will identify in greater detail many of the key opportunities for the Uptown /Central Peninsula. Office Space - There is a concern regarding new office space developments locating outside the uptown. We would like to follow accepted practices in other municipalities that require significant office z developments to be located in the Uptown Commercial' area. We look forward to working with the City on the new neighbourhood plan for the Uptown /Central Peninsula and any initiatives that will incent development intensification in this Primary Center of regional significance. C Sincerely, 0 �M�Wzlo_v r!'-_ Dr att Alexander esident, Uptown Saint John Inc. c. Jacqueline Hamilton cc 2 T. 506.633.3737 F. 506.652.3525 www. uptown sj. corn 252 MILE December 3, 2013 John Taylor Common Clerk City of Saint John PO Box 1971, Saint John, N.B. E21_41_1 Dear Mr. Woods: The Tim Horton's Pavilion Cup Pond Hockey Tournament is the largest fundraiser of the Lily Lake Pavilion Inc. and the signature winter event in the City of Saint John. As a registered charity and non - profit organization, the Pavilion exists to give back to the community it serves. This year as Chairman of the Pavilion Cup, I am fortunate to have a large volunteer committee to help organize the event. This important fundraiser allows us to offer programs in our community fully paid for or in partnership with the Lily Lake Pavilion Inc. These programs include the following: Seniors Enrichment Program This program allows our Community Seniors to gather at the Pavilion seasonally to enjoy a hot lunch complete with entertainment and fellowship. This event is a sell out and regularly see's 230 of our seniors visit the Pavilion four times a year and enjoy a day with their peers. The seniors contribute a small amount towards the cost of the event. The Pavilion partners with the City of Saint John who pay for the entertainment and the Pavilion picks up the balance of the costs. Movies in the Park Every summer for 10 weeks in row, the Pavilion provides free family entertainment in the form of an outdoor movie experience every Tuesday night right on the beach of beautiful Lily Lake. Families enjoy free popcorn and beverages along with the current run movie and the entire cost is paid by the Pavilion. On average we see 400 people every week out enjoying summer evenings on the lake. 253 Awesome Adventures in the Park During the summer months we provide other local charities and non- profits who operate day camps an opportunity to bring their children to the Pavilion to enjoy a half day experience once a week, every week for S weeks in a row. The experience is an outdoor adventure type activity including rock climbing, geo caching, kayaking, canoeing, etc. plus an educational /environmental awareness component. These charities include Big Brothers /Big Sisters, The Boys and Girls Club, The Saint John YM /YWCA, The Teen Resource Center and the Saint John Newcomers and Multicultural Association. We service approximately 2,500 children during the summer months with this program. Once again the Pavilion provides 90% of the funding for this important program. Recreation Your Way This one day program matches persons with disabilities with a recreational activity that suits the irvisible or invisible disability. A full day of activities, a hot lunch and inspirational messages completes this worthwhile program which is funded in partnership with the City of Saint John and provides programming for over 100 children and adults. Our organization, Lily Lake Pavilion Inc., is a child of two founding partners including the Saint John Horticultural Association, who initially owned Rockwood Park and the Franklin W Hatheway Foundation which is a labor organization. As a partner of the City of Saint John in the above noted programs, we are asking for your financial support of our event, The Tim Horton's Pavilion Cup to help us fund the above noted programs, We are looking for a commitment from the City in the amount of $10,000.00. We would welcome an opportunity to meet with you and present a more detailed explanation of our organization and The Tim Horton's Pavilion Cup. Please let me know when you might be available to meet with us to discuss this marketing opportunity. 5, 1.1 ' i � / If Spantenberg airman vilion Cup Pond Hockey Tournament - 637 -9362 C- 636 -0400 roIf @alliance- assurance.com 254 a. diW 11OCkey 4dmMw A RO C K E M I LS LRILE Lily Lake Pavilion Inc. is a registered charity and non-profit organization, 255 t A y , CUP 2014 The goal of the Tim Hortons Pavilion Cup is to offer an exciting community event that funds various charitable programs in Rockwood Park. 256 Z 0 rp)A,r�U�I�L I 0 �(1 Cup) 2@9� AWESOME Adventures in the PARK This exciting new program worked in partnership with Big Brothers /Big Sisters, Boys and Girls Club, Saint John Y, City of Saint John Community Centres,The Resource Centre and the Multicultural Newcomers Resource Centre to bring children into Rockwood Park for recreational and educational activities. In July and August, children participated in 1650 experiences offered by Day Tripping and the Rockwood Park Naturalist. 257 f Ap PAUILI�� CUP 2014 Recreation your way in the PARK Recreation Your Way is a one -day event for people with disabilities, their friends and family, to participate in various recreation, sports and leisure activities. It provides an opportunity to try new activities or find new ways to participate in favourite activities from the past. It's also a way to show how adaptive equipment can allow people to continue to keep active with friends and family. 258 Cup) 2@94 Movies in the PARK It has become a summer tradition to head to Rockwood Park on Tuesday night's to watch a movie. For 10 weeks, a free, newly released movie was shown on the giant outside screen on the side of the Hathaway Pavilion. The rain location was inside the Pavilion. Each week, hundreds of families enjoyed the free family movie complete with popcorn and refreshments. 259 SENIORS in the PARK QThis quarterly event brings together over 200 seniors for an afternoon of food, friends, music and dancing. These themed luncheons offer seniors dinner and dessert, live entertainment, and great fun getting dressed up to celebrate occasions like St. Patty's Clay, Had oween, Christmas, good of days of Rack & Roll and many more. 260 -.i j Tim Al Hortons Youth Pavilion • ♦ y Sunday is the day for children to take to the ice to participate in the Tim HortonsYouth Pavilion Cup. To date, hundreds of children have experienced the thrill of playing on Lily Lake with their friends and family cheering them on. There are divisions for Boys, Girls and Co-ed Teams, 261 c 1 � w � f 1 1 f. ` y i 3A)THz1z(Mff Cup) 2@15 Pond hockey at Lily Lake is something that stirs up fond memories for many... and now thanks to Tim Hortons Pavilion Cup we're creating new memories for hockey players young and old. This event has it all... camaraderie on the ice, musical entertainment, great food, fantastic fireworks and good old fashioned pond hockey. We invite you to participate fully in all these activities and take advantage of everything Rockwood Park and Lily Lake has _to offer. /CE MHAYES TNE PHR TI ff 2- . --I ponsorship Levels GOLD LEVEL $ 10x000 + * Full color poster and website logo; superior positioning and size. * Color and black & white insertions as above on print media advertisements. * One color logo on player swag. * Full color logo as above on event sponsor boards posted throughout LLP and event tent. * Full page color advertisement in event program. * Two 4'X4' signage sponsored rinks, * Full color logo on event banners * Two sponsor only banners for display in Hatheway Pavilion or Tent. (Max. size 16'X4') * 10 All Access Passes to all event venues including sponsor lounge and entertainment events. * 8 mentions/hour by event announcer throughout event * Complimentary team registration. ($500 value) * Puck drop and photo opportunities. * Opening Ceremonies opportunities. v CUT 2@9it SILVER LEVEL $5,000+ * Full color poster and website logo. * Color and black & white insertions as above on print media advertisements. * One color logo on players swag. * Full color logo as above on event sponsor boards posted throughout LLP and event tent. * Yz page full color advertisement in event program. * Two signage sponsored rinks.Full color logo on event banners (2). * One sponsor only banner for display in Hatheway Pavilion or event tent. (Max. 1 0'X2') * 5 all access passes to all events Including sponsors lounge and entertainment events. * 4 mentions/hour by event announcer throughout the event. * Puck drop and photo opportunities. 263 BRONZE LEVEL $3000+ * Full color poster and website logo. * Color and black & white logo insertions on print media advertisements. * One color logo on players swag. * 1/3 page full color advertisement in event program.3rd most frequent mention in radio promos beginning January 15 through event * One signage sponsored rink. * One sponsor only banner to be displayed in Hatheway Pavilion or event tent. (Max. 6'X2) * 3 All Access Passes *- Two mentions/hour by event announcer throughout event. * Puck drop and photo opportunities. E I UPTOWN SAINT JOHN INC. BOARD OF DIRECTORS MEETING December 5, 2013 Present: Peter Asimakos, Matt Alexander, Mike Gillis, Stephanie Bell, , Donna Reardon, Anne McShane, Cathy Hutchinson, Mark Bujold, Keith Brideau, Chris Boudreau, Kevin Loughery, Tracy Hansen, Leslie Keating. New Business - 2014 Budget - updated The original 2014 budget that was approved by the membership on November 191h was based on a 0% levy increase. Since then we have been notified that in fact we are looking at a decrease of 2.5% or around $11 000.00. A new budget was presented reflecting and Design and Development, Public Relations and AGM and Festival and Events have had their budgets decreased. A motion was made to accept the updated 2014 budget and re -sent it to the City, moved by Donna Reardon and Seconded by Anne McShane, motion carried. 264 REVENUE: BIA LEVY EMPLOYMENT GRANTS WATERFRONT DEVELOPMENT MARKETING RECOVERIES Festival and Events BAD DEBT RECOVERED MISC. REVENUE UPTOWN AWARDS TOTAL REVENUE EXPENSES: COMMUNICATIONS IC RELATIONS & AGM AND AWARDS WATERFRONT DEVELOPMENT ) EVELOPMENT DESIGN & PLANNING MARKETING FESTIVALS & EVENTS ENVIRONMENT DISCOVER SAINT JOHN NON RECOVERABLE COMMITTEE EXP. TOTAL 101ja lei 41-1-IF- 191jjII►I *'l »:I±Im TOTAL EXPENSES 265 2014 USA budget $ 413,858.00 $ 6,500.00 $ 15,000.00 $ 30, 000.00 $ 6,000.00 $ 2,000.00 $ 2,000.00 $ 475,358.00 $ 13,500.00 $ 3,200.00 $ 15, 000.00 $ 33,000.00 $ 78,000.00 $ 30, 000.00 $ 15,000.00 $ 15,000.00 $ 369.00 $ 203,069.00 $ 272,289.00 $ 475,358.00 07 ti �cnya�s.�rahn December 5, 2013 His Worship Mel Norton and Members of Common Council Your Worship and Councillors, Subject: Development of a New Long- Term Federal Plan to Fix Canada's Housing Crunch I would like Council to consider adopting the attached resolution regarding the Development of a New Long- Term Federal Plan to Fix Canada's Housing Crunch. Respectfully Submitted, (Received via email) Bill Farren Councillor, Ward 1 C�- SAINT JOHN PO Box 1971 Saint john, NB Canada E2L 4L1 wwwsairi4ohn ca I C n 1P71 5airrt John, N -B. Canada 1:2L 4L1 266 SAMPLE MODEL HOUSING RESOLUTION FOR SUPPORT FROM COUNCIL Please customize as appropriate, particularly by providing examples of high - priority housing projects that require continued federal support. Once your municipality has passed the resolution, please inform FCM at housing @fcm.ca. RESOLUTION Development of a New Long -Term Federal Plan to Fix Canada's Housing Crunch WHEREAS, a stable and secure housing system that creates and maintains jobs and allows for a range of living options is essential to attracting new workers, meeting the needs of young families and supporting seniors and our most vulnerable citizens; and, WHEREAS the high cost of housing is the most urgent financial issue facing Canadians with one in four people paying more than they can afford for housing, and mortgage debt held by Canadians now standing at just over $1.1 trillion; and, WHEREAS housing costs and, as the Bank of Canada notes, household debt, are undermining Canadians' personal financial security, while putting our national economy at risk; and, WHEREAS those who cannot afford to purchase a home rely on the short supply of rental units, which is driving up rental costs and making it hard to house workers in regions experiencing strong economic activity; and, WHEREAS an inadequate supply of subsidized housing for those in need is pushing some of the most vulnerable Canadians on to the street, while $1.7 billion annually in federal investments in social housing have begun to expire; and, WHEREAS coordinated action is required to prevent housing issues from being offloaded onto local governments and align the steps local governments have already taken with regard to federal /provincial /territorial programs and policies; and, WHEREAS, the Federation of Canadian Municipalities (FCM) has launched a housing campaign, "Fixing Canada's Housing Crunch," calling on the federal government to increase housing options for Canadians and to work with all orders of government to develop a long -term plan for Canada's housing future; and, WHEREAS FCM has asked its member municipalities to pass a council resolution supporting the campaign; 267 AND WHEREAS, our community has continuing housing needs, such as the XX and the XX, that can only be met through the kind of long -term planning and investment made possible by federal leadership; THEREFORE BE IT RESOLVED that council endorses the FCM housing campaign and urges the minister of employment and social development to develop a long -term plan for housing that puts core investments on solid ground, increases predictability, protects Canadians from the planned expiry of $1.7 billion in social housing agreements and ensures a healthy stock of affordable rental housing for Canadians. BE IT FURTHER RESOLVED that a copy of this resolution be sent to the minister noted above, to the (provincial /territorial) minister of municipal affairs, to (Name of local MP), to the Federation of Canadian Municipalities and to the .(Name provincial /Territorial association). .: M & C — 2013 -277 December 9, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisitions for City Infrastructure Provincial Court Property at Peel Plaza City of Saint John During the construction of the Provincial Court building on the former YM- YWCA property, Engineering requested that the Province loop a water main around the perimeter of the proposed Court building. Municipal Operations had indicated to the Province that the looping of the water service from Hazen Avenue around the Court building to connect with the existing water line on Carleton Street would improve the water quality as well as provide a second point for water to service the development. In addition, a small section of City storm and water pipe, located along a northwest section of the Provincial Court property will require a City easement. In order for the City to secure the necessary easement for the water main, as shown on the attached Plan of Survey, a number of adjoining property owners who benefit from a pre- existing easement interest in the Province's property where the water main is located must consent to the City easement. The properties benefiting from pre - existing easements are situated along the south side of the Court property, which include: Commercial Properties Limited - PID Number 38901, 633057 NB Ltd. - PID Number 40055 and Georgoudis Investments Ltd. - PID Number 39958. The above noted properties have rights that precede those rights being requested by the City. These property owners will wish to consult with their legal representatives prior to giving their consent to the proposed City easements. The recommendation included in this report is to provide a reasonable sum of money for their legal counsel so that they are not financially impacted by this endeavor. In addition, the recommendation also includes provision for the City to pay Hughes Surveys & Consultants Inc. for the preparation of a plan of survey to depict the required City easements. 269 M & C — 2013 -277 - 2 - December 9, 2413 Also located in the City's proposed easement area are sanitary and storm infrastructure which services only the Law Courts Building and for which the City has no need. The proposed easement would therefore exclude the private sanitary and storm infrastructure. RECOMMENDATION: 1. That the City acquire easements for municipal services from the Province of New Brunswick through PID No. 55178792, which will exclude the sanitary and storm infrastructure located within the Easement area as depicted on a Plan of Survey, prepared by Hughes Surveys & Consultants Inc., a copy of which is attached to the M & C #2013 -277; 2. That the City pay up to a maximum of $350.00 plus HST for the legal fees of the owners who must consent to the City's easements; and 3. That the City pay Hughes Surveys & Consultants Inc. a maximum of $2,500.00 plus HST for their services in the preparation of a Plan of Survey depicting the City easements on the property owned by the Province of New Brunswick. Respectfully submitted, (5c Langille A Real Estate Officer Gregory Yeomans, CGA, MBA Commissioner Finance and Administrative Services Attachment CLIc 270 a 'ck Woods, CGA Manager Acquisition of City Easements I CIA SIL. IVI, -A 0 d Ail 05 J. 40 Printed: 12103/13 11:11:38 AM .00, 271 bRv Oi A AR lee.v C52 p i 1 4V / 0 0 / S ^A jh' S W l'M Pu wd 47' G.m cww° ,d ens tgg3 amens -�aw. s. ,john bY �.,n, of 5alr<t C LY proPe[ty F' r� X '1 Sto405, - _c, t h I Key Plan s.al. 1 17,5oo mod. �Ar�p,y.p�S�pro4 °Ttias hyper Nome : - - lh' Com,ked Prop .�. _ t � �e 5t 20 t'mt� prm po. {99O�t R ed 'y ,,,rye t 1 d L Legend „pra p ._ .................. Ifepdan K't P1...a Tin` 1 � S17:a emt John C.anP, prop"Al �;Lyde 4 1 6. VI .: mputcti.ne perfw and ...rdln.ke eh—n .n thle pl.n . 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Al '; r:pnce -, are in metres 11 con'eA to impedes equi sleet. d'Nke by 0.3048. }. k.. .f eur -; .JUined thus ,- peryheml Inmrmwtinn { ..mPlled I— vn.ue y.urcee 4. All decumeid and Pi.n rekren.ee refer 1, the Registry Office I,, emt John C.anP, 5. Field -. - wm Ibied on - 6. VI .: mputcti.ne perfw and ...rdln.ke eh—n .n thle pl.n pre byed o New Brunewl.k Slere.Rr phi. Daeble ProJ.U., .nd the NA043(CRiM) EllipWd re.lteed by Ser,ce Nee' k,,,,kk High rre- :ieian Network c.wdlnat. eu _ enumente. New Brunswick Grid Co- ordinate Values :tae x r lank.. I i ! x.b I`— APFW - - - - - -- Sketch Showing Requirements for Municipal Easements I crossing Her Majesty the Queen in right of the Province of New Brunswick as represented by the Minister of Transportation and Infrastructure Property, City of Saint John, Saint John County, New Brunswick . Prepared b. NVOHEB SUR3>Lr1'S Ar CONSULTANTS INC. ur Ad by DEC, 5 2013 ! Surveyor °a<e New erunewgk L.nd S.— rr 6 0 0 12 1B 24 1:300 I metres awg. N513m, ask n 2013 T.Poe HC ".342 ai:k N.. 2006 Y73 -330 ^ /oB -T�..W 2) 16'q REPORT 9170 COMMfOIN COUNCIM M &C -2013 -279 December 5, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: City of Saint john SUBJECT: Rescheduling of Public Hearing for Amendment to the Saint John Heritage Conservation Areas By -law concerning 100 Watson Street and 183 Duke Street West BACKGROUND: On October 15, 2013, Common Council approved the scheduling of public hearings on December 9, 2013 to consider amendments to the Saint John Heritage Conservation Areas By -law, in response to a request to have two properties removed from the King Street West Conservation Area — 100 Watson Street and 183 Duke Street West. Due to an administrative oversight, Staff is requesting that Common Council reschedule the public hearings to February 3, 2014 at 6:30 pm. The property owner has been notified of the change and is in agreement with the rescheduling. RECOMMENDATION: Your City Manager recommends: (1) that Common Council reschedule a public hearing date of Monday, February 3, 2014 at 6:30 pm in the Council Chambers to consider an amendment to the Saint John Heritage Conservation Areas By -law, which would remove the church building at 100 Watson Street from the King Street West Conservation Area, and that the necessary advertising be authorized in this regard; and (2) that Common Council reschedule a public hearing date of Monday, February 3, 2014 at 6:30 pm in the Council Chambers to consider an amendment to the Saint John Heritage Conservation Areas By -law, which would remove the Rectory building at 183 Duke Street West from the King Street West 273 M & C — 2013 — 279 - 2 - December 5, 2013 Conservation Area, and that the necessary advertising be authorized in this regard. Respectfully submitted, Amy Poffenroth, l Eng MBA Building Inspector / Deputy Commissioner Growth and Community Development Services 4Ja li ne Hamilton, MC1P ssioner Growth & Community Development Services L J. atrick Woods, CGA Manager IMF 274 I,_, M, . December 3, 2013 Deputy Mayor Rinehart and Members of Common Council RE: Support for Responsible Exploration of Domestic Natural Gas Background As stated in our council priority pamphlet we recognize Saint John to be a modern industrial leader, not only in New Brunswick, but in Canada as a whole. As a modern industrial leader the responsible exploration and potential development of our own domestic natural gas supply is critical to the economic future of our City. The New Brunswick oil and natural gas sector is comprised of a wide range of industrial and commercial activities, including: refining, natural gas production, transmission and distribution, electricity generation from natural gas, petroleum retail, and related administration, back -office and transportation activities. The sector is an important contributor to the Saint John economy, and currently provides direct employment for an estimated 7,500 New Brunswickers in a wide range of retail, administrative, professional, technical and engineering occupations. The oil and natural gas sector provides Saint John with some of its highest skilled and highest paying positions. Southern New Brunswick and the Saint John region has been shortlisted as a potential location for a number of new and significant resource development and manufacturing investment projects. These new projects include a new potash mine and mill, fertilizer production facilities and additional value -added oil and natural gas processing operations. These investments, totalling in the billions of dollars, will require access to competitive and secure sources of natural gas before proceeding. Motion That: 1) Whereas natural resources are integral to the economy of New Brunswick, vital to many Saint John businesses and provide employment to thousands of Saint John residents that Council endorse the responsible exploration for domestic natural gas in New Brunswick. Yours very truly, ---­'�-oo�7 Mel K. Norton Mayor City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saingohn.ca d C.i? 1971 Saint John, N.-B. Canada E2L 40 275 P The City of Saint John December 9, 2013 Deputy Mayor and Councillors Subject: Recommendation for Disability Benefits The Committee of the Whole, having met on December 9, 2013, adopted the following resolution: RESOLVED that Committee of the Whole recommends that Common Council pursuant to the approval letter received from the Canada Pension and By Law # 4 respecting employee ID # 4340, 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, Mel Norton Mayor M SAINT JOHN 110. Box 1971 Si ht john, NB Canada E21- 4L1 v.%w sainWhnxj I C R 1971 Saint Joi tn, N. -B. C:anad i EA 41-1 - - - 27�