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2010-02-01_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaireCity of Saint John Common Council Meeting Monday, February 1, 2010 Location: Common Council Chamber Supplemental to Agenda 3.1 Committee of the Whole: Peel Plaza Capital Costs Agreement 3.2 (a) Committee of the Whole: Heritage Board Membership 3.2 (b) Committee of the Whole: Appointments to Committees 3.3 (a) Saint John Harbour Bridge Authority: Financing for Bridge Deck Rehabilitation 3.3 (b) Letter from MLA Stuart Jamieson Regarding Harbour Bridge 3.4 Committee of the Whole: A.E. McKay Builders Ltd. Linda Court 9.2(c) Letter of Opposition to Proposed Zoning By -Law Amendment 210 Lakewood Ave 13.2 Planning Advisory Committee: Subdivision Assent Bally Desmond Subdivision -2797 Loch Lomond Rd City of Saint John Seance du conseil communal Le lundi, 1 fevrier 2010 Lieu Salle du conseil communal Ordre du jour supplementaire 3.1 Comite plenier Place Peel 3.2(a) Comite plenier Comite des candidatures 3.2(b) Comite plenier Comite des candidatures 3.3(a) Administration du pont du port de Saint John Financement relatif a la refection du tablier du pont 3.3 (b) Lettre de Stuart Jamieson, Depute provinciaux, concernant le pont du port 3.4 Comite plenier A.E. McKay Builders Ltd. Cour Linda 9.2(c) Lettres d'opposition au projet de modification de L'Arrete de zonage 210 Lakewood Ave 13.2 Comite consultatif d'urbanisme Consentement de lotissement Lotissement Bally Desmond 2797, chemin Loch Lomond. The City of Saint John SAINT JOHN February 1, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole: Peel Plaza Capital Costs Agreement The Committee of the Whole, having met on February 1, 2010, made the following recommendation: That Common Council approve the submitted text of the capital costs agreement between the Province of New Brunswick and The City of Saint John in relation to the Peel Plaza Project; and further that the Mayor and Common Clerk be authorized to execute the Capital Costs Agreement." Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 The City of Saint John SAINT JOHN February 1, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole: Heritage Board Membership The Committee of the Whole, having met on February 1, 2010, made the following recommendation: "That Council increase the current membership of the Heritage Board from 9 to 10 temporarily until the next vacancy occurs, at which time the membership will revert back to 9 members." Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 The City of Saint John SAINT JO February 1, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole: Appointments to Committees The Committee of the Whole, having met on February 1, 2010, recommended the following appointments to committees: Municipal Plan Citizens' Advisory Committee: to appoint Andrew Miller from February 1, 2010 to February 1, 2013 Taxation Review Committee: to appoint Brian Stone, Janice O'Connor George, Neal Leard, Rob Scott, Lorene Johnson, Monica Chaperlin and Natasha O'Brien, each for a one year term from February 1, 2010 until February 1, 2011. Heritage Development Board: to appoint Richard Gradon for a three year term from February 1, 2010 to February 1, 2013. Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 January 20, 2010 Saint john Har our tridge Autho The Honourable John Baird Minister of Transport, Infrastructure and Communities Place de Ville Ottawa, ON K I A ON5 The Honourable Denis Landry, Minister of Transportation Province of New Brunswick PO Box 6000, Fredericton, NB E2B 5H 1 His Worship/Mayor lvan Court, v City of Saint John PO Box 1971 Saint John, NB E2L 4L1 29 KING STREET WEST, SAINT JOHN, N.B. E2M 7Y8 506 635 Dear Minister Baird, Minister Landry and Mayor Court, Re: Financing for Bridge Deck Rehabilitation Pursuant to Article 6 and 11 of the Memorandum of Agreement made the 7 day of July, 1966 between Her Majesty the Queen in Right of Canada ("Canada"), Her Majesty the Queen in Right of the Province of New Brunswick, (the "Province") the City of Saint John, (the "City") and the Saint John Harbour Bridge Authority, (the "Authority"), as amended June 29 1990 the Authority hereby seeks your approval to incur certain obligations. The Authority submitted the attached budgets for approval on behalf of the Government of Canada, and has, as of the date hereof, yet to receive approval or disapproval. The Authority has been advised by its engineers that a substantial amount of repair is required to maintain the safety of the Saint John Harbour Bridge. The estimated expenditure is $35,000,000.00 which includes contingency amounts. The scope of the work has been provided to M. Brian Hicks, Director of Bridge Policy and Programs and the Saint John Harbour Bridge Authority -2- January 20, 2010 amount has been included in the 2009-2010 budget submitted on April 30, 2009 which has yet to be approved or disapproved. Further, and due to the nature and duration of the work involved, the work must be commenced by the start of construction season, April 1, 2010 or an entire year will be lost. The Authority has worked diligently towards acquiring and has a lender willing to fund the expenditures but requires your approval before incurring such obligation. It should be noted that no funding from Canada, the Province or the City would be required should approval be forthcoming and the Authority will be able to satisfy the obligation from operating revenues as outlined in the budget as submitted. The Authority deems it prudent and necessary to incur such obligations and expenditures and hereby requests the approval, in writing, of Canada, the Province and the City. As time is of the essence for these expenditures and further pursuant to Article 6 and 11 the Authority request that your response in writing be submitted to the Authority by January 31, 2010. To expedite this matter we are contacting all parties concurrently in hopes that we may receive the required approvals in counterparts. Should you require anything further, please do not hesitate to contact the Authority. Yours truly, SAINT JOHN HARBOUR BRIDGE AUTHORITY m c-4.6e7r>al Robert McDevitt Board Chair CC Mr, Rodney Weston, MP The Honourable Keith Ashfield Minister of National Revenue, Minister of t he Atlantic Canada Opportunities Agency and Minister for the Atlantic Gateway Hon. Shawn Graham, Premier of New Brunswick Hon. Jack Keir, Minister of Energy Revenue: TOLL REVENUE MISCELLANEOUS INCOME Total Revenue Expenditures: ADMINISTRATION: SALARIES AND BENEFITS OFFICE EQUIPMENT TELEPHONE SERVICES STATIONARY AND SUPPLIES IARMOURED CAR/SECURITY SERVICE 'TRAVEL PUBLIC RELATIONS /ADVERTISING (COMMISSIONERS FEES 'AUDIT FEES ILEGAL FEES ENGINEERING FEES ANN. INSPEC ADMINISTRATION SUNDRY TAXES REAL ESTATE LUNCHROOM SUPPLIES/ LUNCHES STAFF TRAINING BANK SERVICE CHARGES ADMINISTRATION SUB TOTAL: OPERATIONS !TOLL EQUIPMENT PARTS TOLL EQUIPMENTService Agreement I INSURANCE IELECTRICITYBUILDINGS PLAZA IHEATING FUEL WATER ITOLL PERSONNEL WAGES 'BRIDGE POLICING OPERATIONS GENERAL OPERATIONS Sub Total !MAINTENANCE I UNIFORMS ISMALL TOOLS EQUIPMENT I EQUIPMENT REPAIRS RENTAL ENGINEERING FEES PROJECTS ROAD SURFACING (YEARLY PAINTING MISC. ICONTINGENCY DECK REPAIRS I PIER GIRDER REPAIRS 'UNDERWATER INSPECTION MOTOR VEHICLE OPERATION TOLL COLLECTION EQUIPMENT (ELECTRICAL MECHANICAL ISIGNS REPAIRS MAINTENANCE JANITORIAL SERVICES ICONTINGENCIES 1 BRIDGE ICE MELT SUPPLIES MINOR CAPITAL PROJECTS MAINTENANCE Sub Total Total Recurrinp Expenses MAJOR CAPITAL- DECK REHAB BANK LOAN PAYMENTS Total Expenses Net Operating Surplus(Deficit) Date. Date', Date Saint John Harbour Bridge Authority 5 Year Budget Forecast BUDGET 2009/10 BUDGET 1 BUDGET F BUDGET I BUDGET 2010/11 2011/12 1 2012/13 1 2013/14 1 4,966,000 4,641,000 5,191,000 1 7,021,000 7,591,000 109,000 109,000 109,000 1 109,000 109,000 5,075,000 4,750,000 5,300,000 1 7,130,000 d 7,700,000 526,515 I 8 542,445 558,823 I 575,713 9 593,133 10,500 10,625 11,256 11,394 5 11,539 16,000 1 16,500 17,000 17,250 17,750 13,500 1 8,580 9,362 9.445 9,830 9,000 1 9,270 9,548 9,835 10,130 10,500 1 10,500 10,500 5 10,500 10,500 68,000 1 68,000 68,000 68,000 68,000 25.000 I 25.000 25,750 26,523 27,318 10,000 1 10,000 10,000 12,000 12,000 15,000' 15,000 15,000 15,000 15,000 60,000 1 60,000 60,000 63,000 63,000 17,000 17,000 17,000 17,000 17,000 55,000 5 57,750 60.638 63,669 66,853 10,000 10,500 10,500 11,500 1 11,500 5,000 5,000 5,000 7,500 I 7,500 20,000 21,000 22,050 23,153 1 24,310 871,015 887,170 910,426 941,481 965,362 25,000 8 25,000 25,000 25,000 1 25,000 40,000 40,000 40,000 5 40,000 1 40,000 215,000 225.750 237,038 248,889 261,334 46,000 47,380 48,801 50,265 51,773 17,500 17,700 17,910 18,806 19,746 580,000 597,400 615,322 633,782 652,795 20,000 5 20,000 20,000 20,000 20,000 10,000 10,125 10,256 10,894 11,039 953,500 983,355 1,014,327 1,047,636 1,081.687 2,500 3,000 3,000 3,000 S 5 5,000 5,000 5,000 5,000 9,000 9,000 9,000 10,000 500,000 500.000 500,000 250,000 85,000 85,000 85,000 85,000 10,000 10,000 10,000 10,000 25.000 25,000 25,000 25,000 1,500,000 50,000 71,500 65,500 66,550 69,153 70,310 20,000 20,000 20,000 20,000 20,000 130.000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 54,000 54,250 55,013 55,288 55,578 12,500 12,785 13,079 13,381 13,692 20,000 1 20,000 20,000 20,000 20,000 25,000 25,000 25,000 30,000 30,000 40,000 1 25,000 25.000 25,000 25,000 2,569,500 1 879,535 881,641 640,822 643,080 4,394,015 1 2,750,060 2,806.394 2,629,938 2,690,129 1 18.000,000 1 17,000,000 660,000 1 660,000 1 660.000 4,106,530 4,106.530 5 5,054,015 I 21,410,060 1 20,466,394 6,736,468 6,796,659 20,985 1 (16,660,060)1 5 (15,166,394) 393,532 903,341 Approved By Minister of Transport Government of Canada Minister of Transportation Province of New Brunswick Mayor, City of Saint John 3,500 1 5,000 1 10.0001 250,000 1 85,000 1 10,000 25,000 February 1, 2010 Mayor Ivan Court City of Saint John 15 Market Square P. O. Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court: This correspondence is to set the record straight on the operation of the Harbour Bridge and its repairs. The Province continues to support the Harbour Bridge Authority in its role overseeing the operation of the Harbour Bridge. The collection of tolls is used to maintain the operation, the maintenance, the future repairs of the infrastructure, as well as, the employment of the people who oversee its operation. The Province has indicated to the Federal Government that if they wish the Province to take over that role, then there is a cost for the Province to do that. We have sent a letter to the Federal Government indicating what that cost could be now and over the next 40 years. We have not received a reply. I have indicated to the Member of Parliament, Rodney Weston, as I will indicate to the Mayor and Council, that if we are approached for a loan guarantee for the 35 million dollars needed to repair the bridge, we would be willing to consider that request as long as we have a letter indicating that neither the City nor the Federal Government wish to see the removal of tolls. Otherwise, we would not become involved until the Federal Government either considers our request for a long term cost recovery or to continue with the Harbour Bridge Authority operating the Harbour Bridge as it has to this point. Respectfully Yours, Stuart Jamieson MLA Saint John Fundy Minister of Tourism and Parks Regional Minister The City of Saint John SAINT JOHN February 1, 2010 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole: A.E McKay Builders Ltd. Linda Court The Committee of the Whole, having met on February 1, 2010, made the following recommendation: That the City Solicitor or his designate be directed to commence and proceed, pursuant to Rule 69 of Rules of Court, with an application for Judicial Review of the December, 2009 decision of the Assessment and Planning Appeal Board in the matter of the PAC of The City of Saint John and A.E. McKay Builders Ltd." Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintiohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 �ornrnonCouoci| City od Saint John P.O. Bo: 1871 Saint John, NB E2L4L1 StephenR4cAu6ffe 131 Lakeview Dr Saint John, NB E2J3b6Q Deark4ayor and Council: On behalf of the citizen's of Saint John that live in Lakewood Heights l do not approve of the rezoning of the property located ad210 Lakewood Avenue, BuQding neighbourhoods must be done in the context of the health and well being ofthe community as a whole The City of Saint John Planning and Development. Department has to start paying attention to how we grow before problems arise, VVHo helped develop the neighbourhood that is now Lakewood Heights? It was the result of the hard work and resolve of the current residents that future developers can enjoy the possibilities 0! new development in this area. Why has the City of Saint John Panning Department Ignored the fact that streets orginally designedforuuburbanonefarni|yanduaborbantwohamUy from R-2, R-4 four family), and "TH" town houses? 11 will obv be a safety concern for small chdren trying to cross the street to attend Lakewood Heights Elementary School. What solutions has the ning Department proposed for the fut ne|ar8e volume of traffic that will use these streets? Developers of Large and Medium size buids should have to be responsbIe tor trathc calming asur nearby There must be a balance of new growth with existing residents. Roads in Saint John are gettin more congested with growing demands for new infrastructure, while older infrastruct rerennoinsunirnprmved. Lgkeviewdhvevvi||havothemoat'`Norma|F|nw''nftnafDoandiainpoorconditionatbeatandtuu narrow for large volumes of traffic. Summit drive a main street in Lakewood Heights has been allowed to be d ded so poorly that t can he argued that it is comparable to a rolier oaster r It a]so has no sidewa and i already being used to support a newly rezoned R-2 section at the back of Lakewood Heights. Linkages between new and existing neighbourhoods, and how they relate to each other are equally important. Roads must be improved prior to any consideration of future rezoning in Lakewood Heights. Streets and Trips Portable Cnternet.v2 Copyright P. 198 8-2005 Microsoft Corp. andfor its suppliers. All rights reserved. hltp :flwww,microsoft.comistreetsl 2004 NAVTEQ. Alt rights reserved. This data includes information taken will permission from Canadian authorities 0 Her Majesty the Queen in Right at Canada Copyright 2004 by TeleAtlas North America, Inc. All rights reserved. 111 M& C 2010-33 February 1, 2010 TTOCO His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councilors: COUNCIL SUBJECT: Subdivision Assent Bally Desmond Subdivision 2797 Loch Lomond Road BACKGROUND: On December 16, 2008 the Planning Advisory Committee considered a rezoning and subdivision application for Phase 2 of the Bally Desmond Subdivision at 2797 Loch Lomond Road. Staff and the Planning Advisory Committee recommended that Council approve the rezoning and assent to the proposed 20-lot rural residential subdivision on a new public street, as can be seen on the attached December 17, 2008 letter from the Committee to Council. Common Council held the public hearing and gave first and second reading for the proposed rezoning on December 22, 2008. Third reading was given and Section 39 conditions were imposed on the rezoning on January 5, 2009. In addition to the rezoning, Council also considered the proposed subdivision at its meeting of December 22, 2009. As recommended, Council assented to the proposed Land for Public Purposes dedication and the preparation of a City/Developer Subdivision Agreement. However, it appears from the minutes of that meeting that the required assent to the proposed subdivision plan, municipal services and public utility easements was either not given by Council or not recorded in the minutes. As a result, Planning and Development staff are unable to sign the submitted Bally Desmond Subdivision, Phase 2 Plans although all other aspects of the subdivision have been approved by Council and the Municipal Operations and Engineering Departments. City of Saint John M&C-2010-33 -2 It is therefore recommended that Common Council assent to the submitted Subdivision Plan, municipal services and public utility easements as originally recommended to allow the proposed subdivision to proceed. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed 20 lots of the Bally Desmond Subdivision Phase 2, and to any required municipal services or public utility easements. Respectfully submitted, SH n Forrest, MCIP, RPP mmissioner Planning and Development J. Patrick Woods, CGA City Manager Planning Advisory Committee RECOMMENDATION: P.O. Box 197i Saint John New Brunswick Canada Ea 4L1 5k.,0 658-2800 December 17, 2008 Your Worship and Councillors: SUBJECT: Rezoning and Subdivision 2797 Loch Lomond Road On November 24, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its December 16, 2008 meeting. Mr. Gerry Roberts, Kierstead Quigley and Roberts, and Mr. Joe Mallette appeared to speak in support of the application. No one appeared to speak in opposition and no letters were received. The Committee discussed the results of the Comprehensive Water Supply Source Assessment for this development, and Mr. Mallette indicated that he would be willing to notify buyers of the potential for issues with groundwater quality and quantity. The Committee adopted the amended recommendation as set out below. The Committee also approved the proposed street names for Mallory Street and Meredith Avenue. That Common Council rezone a parcel of land having an area of approximately 12 hectares (29.6 acres), located at 2797 Loch Lomond Road, also identified as being a portion of PID Number 00326223 from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 12 hectares (29.6 acres), located at 2797 Loch Lomond Road, also identified as being PID Numbers 00326223, be subject to the condition that the developer notify buyers in writing of potential groundwater quality and quantity concerns. 3. That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed 20 lots of the Bally Desmond Subdivision City of Saint ohn Planning Advisory Com—A-tee Page 2 December 18, 2008 Phase 2, and to any required municipal services or public utility easements. 4. That Common Council assent to the proposed Land for Public Purposes dedication having an area of approximately 1.14 hectares (2.8 acres). 5. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work, including detailed street and drainage plans for the approval of the Chief City Engineer or his designate. Resp t itted, Stephen Horgan Chairman SKH Attachments Project No, 08-534