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2009-05-11_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, May 11, 2009 Committee of the Whole 1. Call to Order 5:00 P.M. 8th Floor Boardroom City Hall 1.1 Employment Matter 10.2(4)(b,j) 1.2 Negotiations 10.2(4)(f) 13 Legal Proceedings 10.2(4)(f) 1.4 Negotiations 10.2(4)(c) 1.5 Contract Negotiations 10.2(4)(c) 1.6 Nominating Committee 10.2(4)(b) Regular Meeting 1. Call to Order - Prayer 6:30 P.M. Council Chamber 2. Approval of Minutes 2.1 Minutes of April 14th and April 20th, 2009. 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Teed Letter Regarding Transportation in Saint John (Recommendation: Receive for Information) 5.2 Local Historic Places Program Grant (Recommendation: Receive for Information) 53 Saint John 225 Request to Present (Recommendation: Refer to Cleric to Schedule) 5.4 Debly Letter (Recommendation: Refer to City Solicitor) 5.5 Habitat for Humanity Request for Assistance (Recommendation: Refer to City Manager) 5.6 Rebuild 1996 MT Trackless Machine Vehicle 783 (Recommendation in Report) 5.7 Tender for Traffic Signal Materials (Recommendation in Report) 5.8 Tender for Replacement of Slab and Brine System (Recommendation in Report) 5.9 Purchase of Rental Loader (Recommendation in Report) 5.10 Establishment Change (Recommendation in Report) 5.11 ACOA Funding: Water Street Public Space (Recommendation in Report) 5.12 Agreement Between LHMD Adventures (Rockwood Stables) and The City of Saint John - Rockwood Park Advisory Board Recommendations (Recommendation in Report) 5.13 Proposed Public Hearing Date 806 Manawagonish Rd 5.14 Capital Reallocation Saint John Industrial Parks (Recommendation in Report) 5.15 Saint John Industrial Parks: Griffin Letter (Recommendation: Receive for Information) 5.16 Provision of Lifeguard Services-2009 (Recommendation in Report) 5.17 Sale of City Owned Land Ashburn Rd (Recommendation in Report) 5.18 Purchase and Sale Agreement for 1563 Rothesay Rd (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Police Week May 10th - May 16th 8. Delegations/ Presentations 8.1 Vibrant Communities 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By-Law Amendment 37 Northumberland Ave 9.1(b) Planning Advisory Committee Recommending Proposed Rezoning 9.2(a) Proposed Zoning By-Law Amendment 83 Hawthorne Ave and 90 Parks St Extension 9.2(b) Planning Advisory Committee Recommending Rezoning 10. Consideration of By-laws 11. Submissions by Council Members 11.1 Legislative Changes to the City of Saint John Pension Plan (Deputy Mayor Chase) 11.2 Comprehensive Review of Fire Services (Councillor Titus) 113 Municipal Ownership of Derelict Buildings (Councillor McGuire) 11.4 Vacant and Derelict Buildings (Councillor McGuire) 11.5 Position of Deputy Mayor (Councillor Killen) 11.6 Support of Local CBC Radio (Councillor Sullivan) 11.7 Employee Questionnaire (Councillor Higgins) 11.8 Reduction in Remuneration for Elected Members (Councillor Higgins) 12. Business Matters - Municipal Officers 12.1 Common Clerk - Efficiency of Council Meetings 12.1(a) Letter - Frequency of Council Meetings 12.1(b) Letter - Procedure During Debate 12.2 City Manager: Accessability for Citizens with Disabilities 12.3 City Manager: Program Contribution Agreement - Energy Efficiency Retrofit Program for City of Saint John Facilities 12.4 City Manager: 937 Hillcrest Road - Zoning By-law Violation 12.5 City Manager: 85 Hayes Avenue - Zoning By-law Violation 12.6 City Manager: City of Saint John Website 12.7 City Manager: St Joseph's Hospital Foundation - Care Connection Campaign 12.8 City Manager: Stop Up and Close of Mitchell Street 12.9 City Manager: Presentation - Reversing Falls Master Plan 12.10 City Manager: Grant Requests: Boys and Girls Club of Saint John; South End Days Committee 12.11 City Manager: An Accountability Framework for The City of Saint John 12.12 City Manager: 6 Rothesay Rd (Route 100) Phase 1(Clairmont St to Railroad Overpass) Sanitary and Storm Sewer Installation and Road Reconstruction Provincially Designated Highway Improvement Program 12.13 City Manager: Simms Corner Phase I Fairville Blvd Catherwood St to Lancaster Mall Entrance 12.14 City Manager: Public Information Session Pipeline Rd West Water Transmission Main Installation from Spruce Lake to Gault Rd 13. Committee Reports 13.1 Saint John Parking Commission: ecoMobility Agreement - Funding from Transport Canada 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Canada Day Countdown Request to Appear Before Council 15.2 New Brunswick Police Association Request to Present 16. Adjournment City of Saint John Seance du conseil communal Le lundi 11 mai 2009 Comite plenier 1. Ouverture de la seance 17 h - Salle de conference, 8e Rage, hotel de ville 1.1 Question relative a 1'emploi - alineas 10.2(4)b), j) 1.2 Negociations - alinea 10.2(4)f) 1.3 Procedures judiciaires - alinea 10.2(4)f) 1.4 Ne(-Iociations - alinea 10.2(4)c) 1.5 Negociations contractuelles - alinea 10.2(4)c) 1.6 Comite des candidatures - alinea 10.2(4)b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces-verbal 2.1 Approbation des proces-verbaux du 14 et du 20 avril 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre de M. Teed concernant le transport dans Saint John (recommandation accepter a titre informatif) 5.2 Subvention au programme des lieux patrimoniaux locaux (recommandation : accepter a titre informatif) 5.3 Demande presentee par Saint John 225 visant a se presenter devant le conseil (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fixee ) 5.4 Lettre de Debly (recommandation : transmettre a 1'avocat municipal) 5.5 Demande d'aide financiere de 1'organisme Habitat pour l'humanite (recommandation : transmettre au directeur general) 5.6 Reconstruire le tracteur 783 Trackless MT de 1996 (recommandation figurant au rapport) 5.7 Soumission relative au materiel pour feux de circulation (recommandation figurant au rapport) 5.8 Soumission relative au remplacement du systeme de dalles et du reseau de tuyaux de saumure (recommandation figurant au rapport) 5.9 Achat d'un chargeur loue (recommandation fi( -.,urant au rapport) 5.10 Modifications apportees a 1'effectif (recommandation figurant au rapport) 5.11 Financement de 1'Agence de promotion 6conomique du Canada atlantique (APECA) : espace public de la rue Water (recommandation figurant au rapport) 5.12 Entente entre LHMD Adventures (Ecuries du parc Rockwood) et The City of Saint John - Recommandations du Conseil consultatif du parc Rockwood (recommandation figurant au rapport) 5.13 Date de la tenue d'une audience publique relativement au 806, chemin Manawagonish 5.14 R6attribution des fonds des pares industriels de Saint John (recommandation figurant au rapport) 5.15 Pares industriels de Saint John : Lettre de Griffin (recommandation : accepter a titre informatif) 5.16 Prestation de services de sauvetage pour 2009 (recommandation figurant au rapport) 5.17 Vente d'un terrain appartenant a la Ville, situ6 sur le chemin Ashburn (recommandation figurant au rapport) 5.18 Accord d'achat et vente pour 1563 nee Rothesay (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de la police - du 10 au 16 mai 8. Delegations et presentations 8.1 Vibrant Communities (communaut6s vivantes) 9. Audiences publiques 19h 9.1a) Projet de modification de 1'arret6 de zonage visant le 37, avenue Northumberland 9. lb) Comit6 consultatif d'urbanisme recommandant le rezonage propose 9.2a) Projet de modification de 1'arret6 de zonage visant le 83, avenue Hawthorne et le prolongement dormant sur le 90, rue Parks 9.2b) Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux It. Interventions des membres du conseil 11.1 Modifications l6gislatives relatives au regime de retraite de The City of Saint John (maire suppl6ant Chase) 11.2 Etude exhaustive des services d'incendie (conseiller Titus) 113 R6gie municipale concernant les batiments abandonn6s (conseiller McGuire) 11.4 Batiments vacants et abandonn6s (conseiller McGuire) 11.5 Poste de maire suppl6ant (conseiller Killen) 11.6 Appui a 1'6gard du r6seau radio anglais local de la SRC (conseiller Sullivan) 11.7 Questionnaires des employes (conseiller Higgins) 11.8 Reduction de la remuneration des membres elus (conseiller Higgins) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffi&re communale - Efficacit6 des reunions du conseil 12.1a) Lettre -Fr6quences des seances du conseil 12. lb) Lettre - Procedure pendant les deliberations 12.2 Directeur general : Accessibilit6 des citoyens handicap6s 12.3 Directeur general : Entente de contribution du programme - Programme de modernisation de 1'efficacite energetique des installations de The City of Saint John 12.4 Directeur general : 937, chemin Hillcrest - Infractions a 1'arrete de zonage 12.5 Directeur general : 85, avenue Hayes - Infractions a 1'arrete de zonage 12.6 Directeur general : Site Web de The City of Saint John 12.7 Directeur general : Fondation de 116pital St. Joseph's - Campagne Care Connections 12.8 Directeur general : Fermeture et barrage de la rue Mitchell 12.9 Directeur general : Presentation - Plan d'amenagement des chutes reversibles 12.10 Directeur general : Demande de subvention : Club garcons et filles de Saint John, Comite des journees du quartier sud 12.11 Directeur general : Cadre redditionnel de The City of Saint John 12.12 Directeur general : 6, chemin Rothesay (route 100) - Phase 1 (de la rue Clairmont au passage superieur du chemin de fer) relative a 1'installation d'un reseau d'egouts pluvieux et sanitaires sur le chemin Rothesay et a la refection de ce dernier dans le cadre du programme d'amelioration des routes provinciales designees 12.13 Directeur general : Phase I du coin Simms : boulevard Fairville - de la rue Catherwood a 1'entree du centre commercial Lancaster 12.14 Directeur general : Seance d'information publique relative a l'installation de la conduite d'eau principale du chemin Pipeline Ouest, du lac Spruce au chemin Gault 13. Rapports deposes par les comites 13.1 Commission sur le stationnement de Saint John : Entente relative au programme ecoMOBILITE - Financement de Transports Canada 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 15.1 Demande soumise par Compte a rebours de la fete du Canada en vue de faire une presentation devant le conseil 15.2 Demande soumise par 1'Association de police du Nouveau-Brunswick en vue de faire une presentation devant le conseil 16. Levee de la seance 6 rv C The City of Saint John May 8, 2009 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of May 11, 2009 contains the following items on the agenda: 1.1 Employment Matter 10.2(4)(b,j); 1.2 Negotiations 10.2(4)(f); 1.3 Legal Proceedings 10.2(4)(f); 1.4 Negotiations 10.2(4)(c); 1.5 Contract Negotiations 10.2(4)(c);1.6 Nominating Committee 10.2(4)(b) Section 102(4) of the Municipalities Act states: "If it its necessary at a meeting of council or committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion": 1.1 Employment Matter 10.2(4)(b, j): (b) "Personal Information"; 0) Labour and employment matters„ 1.2 Negotiations 10.2(4)(f): "information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business". 1.3 Legal Proceedings 10.2(4)(f): "information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business". 1.4 Negotiations 10.2(4)(c): "information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract. 1.5 Contract Negotiations 10.2(4)(c): "information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract. 1.6 Nominating Committee 10.2(4)(b): "Personal Information" SAINT JOIN P.O. Box 1971 Saint John, NB Canada E2L 40 1 w wv.saintjohn.ca C.P. 1971 Saint John, N.-B. Canada 1121.41-1 Respectfully Submitted, /Zionathan Taylor, Assistant Common Clerk 94-393 COMMON COLMUCONSOL CON ILA AL AFRIL 14 & 20, 2009/ LES 14 ET 20 AVRI L 2009 COMMON COUNCIL mEEnK G- THE aTY OF SAINT JOHN aTY HALL-April 14t", 6.15 P.M and April 20t", 6:0o P.M, 2009 Present: Ivan Caart, Mayor Deputy Mayor Chase and Councillors Court, Farren, NlIen, Hggins, McGuire, Mott, Shook, SUlivan, and Titus - and - T Totten, City Manager; J. Nugent, City Solicitor,, G Yeorans, Conrrissia-ff of Finance and Treasurer, R Groody, Corrrrissioner of Municipal Cperations; K Forrest, Cmmssior-ff of Planning and Develop i-al; P. Bentley, Engineer for Buildings and Inspection Services, D. Parks, Pdice Inspeda-, E Gamey, Comm Clerk and J. Taylor, Assistant cam-ion aerk. SEANCE DU CONML COMMUNAL DE THE aTy OF SAINT JcFN A uHOTEL DE VILLE LE 14 AVRIL 2009, A 18 H 15, ET LE 20 AVRIL 20og, A 18 H Solt presents : Ivan Court, naire le n-dre suppleant Chase et les conseillers Court, Farren, NlIen, Hggins, McGuire, Mott, Shook, SUlivan et Titus et T Totten, directeur gerreral; J. Nugent, avocat n-nicipal; G Yeomans, conmssaire aux finarxes et treswer, R Groody, Conmssaire aux operations n-Lnapales; K Forest, Conmssaire a IVDanisme et au d6velopperrent; P. Bentley, ingenieur aux services dinspeotion et des batimants; D. Parks, inspecteu- de pdice, ainsi que E Gamey, greffiere c mnu-de et J. Taylor, gefFier c omAnal adjoint. 1. Call To Order -Prayer M yon Court called the neeting to order and Reverend Eric Finney, Rector of St. Janes The Less Anglican Church, offered the opening prayer. 1. Ouverture de la seance, sLivie de la priere La seance est ouverte par le n-dre Court. Le reverend Eric Finney, pasteur de I'eglise anglic ane St. Janes the Less, recite la priere dowertr re. 2 Approval of MimAm Cn motion of Councillor Titus Seconded by Couhdllor Sullivan RESCL\/ED that the ninutes of the meeting of Comm Ca,ncil, held on March 23, 2009, be approved. Question being taken, the nation was carried 2 Approbation du praxes-verbal Proposition du conseiller Titus Appuyee par le conseiller SUlivan RESCLU que le prooes-verbal de la reunion du Conseil cmTax l tenue le 23 ners 2009 sat appro ive. A I'issue du vote, la proposition est adolotee. 94-394 COMMON ©OLMUCONSE]L CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 a Approval of Agenda Cn action of Councillor Titus Seconded by Ca.ndllor Maguire RESCLVED that the agenda of this meeting be approved vvith the addition of items: 13.5 Cam ittee of the VV-de - MPNU Association: Annual V\bge Increases for the Management Group;1a6Appantmaht ofArbitraticn Board in the Matter of Collective Bargaining BAwv en The City of Saint John and the Saint John Fire Fighters' Association I.A.F.F., Local 771 and Trove item 13.1, Arbor Day Carrrittee Update vvith Item 7.1. Question being taken, the motion was carried a Adoption de I'ordre du jour Proposition du conseiller Titus Appuiyee par le conseiller McGuire RESaU que I'ord a du jour de la presente reunion sat adopte, rroyennrant I'lout des points suivants : 13.5 Con ite plenier- Management Profession Nan-Union Association (MPNU) (association des gestiornaires, des professiornels et des en-ployes non syndiiques) : Augrentations salariales ahnuelles pax le groupe derrployes cadres; 13.6 Ncmination au conseil crarbitrage relativemaht aux negociaticns collectives entre The City of Saint John et la section locale 771 (IAFF) de I'Association des pompiers de Saint John et remplacement du point 13.1 Le point sir le carte pem anent de Lajcurnee de I'arbre par le pant 7.1. A I'issue du vote, la proposition est adoptee. 4. Disdosures of Conflict of Interest 4. Divulgations de corflits dinterets 5. 5.1 That as recorrnpncled by the City Marhager: 1. Ccr nlonr Council accept the proposal submitted by the Mspec Park Recreation Corrrrittee Inc. for the operation of Mspec Park for the 2009 year, and further that 2. A grant in the arouht of $28,500 be provided to the Mspec Park Recreation Camrittee Inc. as outlined in the submitted report; and further that a Carnlonr Council approve expenditures up to $9,000 for Building and Inspection Services to carry out remedial repairs to Mspec Park buildings and stairs; and further that 4 The City Solicitor be directed to prepare the appropriate documents; and further that 5. The mayor and carom aerk be authorized to sign the docxxr e nts. 5.2 That Comnn:)n Ccun it authorize the City Manager to negotiate a four year lease of the Carnegie Building to the Saint John Arts Centre Inc. 5.3 That Comnn:)n Ccun it authorize the City Manager to negotiate a seasonal licensevvith Hargo Jet Boat Inc. for the use of the Red School Haase as a bicycle rental location. 5.4 That as recorrnpncled by the City Marhager: 1) The City of Saint John implement the CIic 2Gov Parking Tickets Module for the general public, and further 2) The Commnic ationrs Department be authorized to provide the necessary ccrrnx,nicaticn to the general public. 5.5 That as reconTnencled by the City Manager, the Camrissianer of Finance be given authority to disburse funds related to the 225 Celebration to the extent provided for in the 2009 General Fund Operating Budget pending the determination of the Cultural Capital of Canada funding application at which tine an update vvill be provided to 5.6 That as recarnnencled by the City Manager, Common Caxxil schedcie the public hearings for the rezoning applicatiahs of Brett Taylor (37 NcrthunixAand Avenue) and Hughes Surveys & Consultants Inc (83 Ha M hone Avenue / 90 Parks Street 10 COMM COLMUCONSOL COAMLML AFRIL 14 & 20, 2009/ LES 14 ET 20 AVM L 2009 Extension) for Nbr day, May 11, 2009 at 700 p.m in the Council C harrber, and refer the applications to the Flaming Aclvisory C yn ittee for report and recce icl tion. 5.7 That the Care Connections request for funding be referred to the City Manager. 5.8 That the Griffin letter regarding Saint John Industrial Parks be referred to the Qty Manager and to Saint John Industrial Parks Ltd. 5.9 That, pirsuant to Section 14 of the Police Act of the Province of New Sn nswick, the amen Council of The City of Sault John does hereby appoint the following rren imr of the Canadian Corps of Cormssicnaires as B)~-Law Enforcement CfFicer with the responsibility and authority to enforce provisicns of the Parting Meter B)~-LaAtand the provisions of Secticn 5, Section 7, Secticn 8(1), and Section 15 of the Saint John Traffic B)~-Law, narraly: Alen David VVckens; And further, that this appointrrent shall continue until such times as the appointee ceases to be a rrenimr of the Canadian Corps of C yn issionaires or until the appointment is rescinded by Comm Ccxml, W ichever cm-es first. 5.10 That, pcrsuant to Section 14 of the Police Act of the Province of New Sn nswick, the amen Council of The City of Saint John does hereby appoint the following rr enimr of the Canadian Corps of Com-rrissicnaires as B)~-Law Enforcerna t CfFicer \mth the responsibility and authority to enforce provisions of the Parking Meter B)~-LaNand the provisions of Secticn 5, Section 7, Secticn 8(1), and Section 15 of the Saint John Traffic B)~-Law, namely: Daniel Desjardins, And further, that this appointrr al shall continue until such time as the appointee ceases to be a memimr of the Canadian Corps of C yn issionaires or until the appointment is rescinded by Comm Ccxml, W ichever cm-es first. 5.11 That Adianus Vanden Biggelaar is hereby designated and authorized to lay inforn ations in the Provincial Court of the Province of New Bam ick for breach of the Saint John Parking Nbter B)~-Lawand the Saint John Traffic By-Law, and this appointment and authorization shall continue until he ceases to be an enployee of the Canadian Corps of Conrrissionaires, or until it is rescinded by Cam-ion Council, whichever corms first. 5.12 That the Reid letter of thanks to Marya and C"Ton Council be received for information. 5.13 That the subrritted report entitled Contract 2008-9 V\bterrrain Cleaning and Lining Fhase 4, be received for inforn aticn. 5.14 Refer to item 14.1 5.15 That the sulm itted report entitled Public Information Session- Eastem VV3steAder Treatrrent Facility, be received for irfommition. 5.16 That as rec orrmianded by the City Nbnager, the proposal of Dillon Consulting for engineenng services (design and ccnstructicn manager etnt) for HarbcumeN Subdivision water system and Beaverbrook A a-L e v derv-dn installation project, be accepted and that the Mayor and a m- m Clerk be authorized to execute the appropriate documantatian in that regard. Can motion of CAUncillor Titus Seconded by CAUncillor Snook RESCUED that the rec ammixlation set out for each consent agenda item respectively, with the exception of item 5.14 Design and Construction Managenent Eastem VV?steAder Treatment Facility, which has been identified for debate, be adopted. Question being taken, the mrctionwas carried Questions soumises a I'approbation du cornseil 5.1 Que, oom-m-e le recaTirrur to le cirecteur general : 1. le conseil camp. nal ac epte la prcposition presentee par Mspec Park Recreation CArrmittee Inc (con ite su- les lasirs du parc Mspec) relative a I'exploitation du parc Mspec pendant I'amee 2009; 11 94-396 COMMON ©OLMUCONSBL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 2. le censeil cmTax l octroie une ssLbvention cle 28 500 $ aU Mspec Park Recreation Con rittee Inc. come l'indique le rapport scums; ale Conseil corm-al appr we Ies depensesjusgJoanc iffenx e cle 9 000 $ pax perrm tre aux Services dinspection et des bacinmr is deffectuer Ies reparations neoessaires des batinmr is et des escaliers du pare Mspec, 4 I'avocat nwiclpal sat dnarge cle rediger torte doaaTrantatio n exigee; 5. le rraire et le ge fier cermx ral soient autaises a signer cette cloaumentation. 5.2 Cue le Conseil oommnal autaise le drecteur gbn6r-ai a negcder un bail cle quacre ans cle l'inTra ble Carnegie aU Centre des arts cle Saint John Inc. 5.3 Cue le Conseil oommnal autaise le drecteur gbn6r-ai a negoder un perms saisannier avec Hargo Jet Boat Inc. relativernff t a I'Ltilisatien cle Little Red Sdnool Hasse corm e Ioc21 cle location cle bq dettes. 5.4 Que, omm-e le recammr de le cirecteur general 1) The City of Saint John mdte en came le mxkAe cle contraventions cle statiannenent Clid<2Gov pour le grand pr.blic, 2) le service cle conTr nications sat autaise a four it les Comx nications neoessaires au grand pr.blic. 5.5 Que, omm-e le recammr de le cirecteur general, le ommssaire auxfinances sat autodse a verser des sonTnes relativaTient ax celebration du 22T anniversaire corm-e elles salt preiues clans le budget cle fo nctionnermnt du fonds dada inistration cle 2009 en attendant I'issue cle la claTande cle frna x en e nt cle la capitale cultu elle du Canada Des Tors, une wise ajar sera presentee au Conseil cor corral. 5.6 Que, omm-e le recammrde le cirecteur general, le Conseil cmTm- l prevue Ies audiences pr.bliques relatives aux clemat-des cle rezonage cle sett Taylor, situee aU 37, avenue Uxthurrberiand et cle Hughes Suveys & Consdtants Inc, situee au 83, avenue HanthaneI90, prdangement cle la rue Parks, le Iundi 11 rrai 2009 a 19 h dens la salle du Conseil et que Ies den r cles scient sa n ices aU Canite Consultatif durbaris m aux fins cle la presentation dun rapport et cle recormuiclatio ns. 5.7 Cue la lettre cle clarnancle cle frnaneement revue cle Care CaT ectio ns sat transn ise aU cirecteur gbnbr-ai. 5.8 Cue la lettre repue cle Griffin relative aux pares industdels cle Saint John sat tra wnse aU cirecteur gbnbr-ai et a Saint John Industdai Parks Ltd. 5.9 RESaU qu'en vertu cle I'article 14 cle la La surla police cle la prcMnx e du Nauveau- ck, le Conseil oomnxd cle The City of Saint Jdnn, par Ies presences, no Tm le rmTbre suivarlt du Caps can den des ommssaires, a titre dagent dTarge cle 1'exeaution des arretes mmiclpaux, investi cle la respcnsabilite et cle I'autodte dapplicW Ies dispositions cle I'arrete sur Ies parson tires et Ies cispositio ns des articles 5, 7, 8(1) et 15 cle I'arrete sur la dreulation, natamnnnt : Alen Ovid VVckens, En outre, que Bette non ination clang-re en vigueu-jusgda oe que oette personne Besse detre mmn bre du Corps ca-aden des oor mssaires oujusgJce que la nonination sat ennulee par le Conseil ccnTa r-d, selon la pr n iere evertualite. 5.10 RESaU open vertu de l'artide 14 de Ia La surla police de Ia province du Nauvear Funs mck, le Conseil oomnxd cle The City of Saint Jdnn, par Ies presences, no Tm le marrbre suivarlt du Caps can den des ommssaires, a titre dagent dTarge cle 1'exeaution des arretes mmiclpaux, investi cle la respcnsabilite et cle I'autodte dapplicW Ies dispositions cle I'arrete sur Ies parson tires et Ies cispositio ns des articles 5, 7, 8(1) et 15 cle I'arrete sur la dreulation, natamnnnt : Daniel Desjarcins; En outre, que Bette non ination dermre en vigueu-jusgda oe que oette personne Besse detre mmn bre du Corps ca-eden des oor mssaires oujusgJce que la nonination sat ennulee par le Conseil ccnTa r-d, selon la pr n iere evertualite. 5.11 WAddanus Vanden Bggelaar sat, par Ies presences, norrn-bet autonse a deposer aupres cle la Ceur proondale du Nouveau-®n -&mck des denonaatio ns relatives aux infractions cmTjses a I'enoantre cle I'arete sur Ies parcan-kres clans The City of Saint John et I'Arrete relatif a la dreulation clans The City of Saint John, et que la non ination et Ies autaisatio ns derreurent en vig,reurjusgda oe que oette pa sanne oesse detre mmn-bre du Caps canadien des ommssaires oujuscpa ce que la non ination sat anrulee par le Conseil cairn nal, selon la preniere eventudite. 12 94-397 COMM COLMUCONSOL CON LA AL APRIL 14 & 20, 2009/ LES 14 Er 20 AVRIL 2009 5.12 Que la lettre revue de M Reid rerrerdant le n-dre et le Conseil cmT rlal s0it acxceptee a titre infom atif. 5.13 Cue le rapport scup is sur le contra n° 2001-9 relatif au nettoyage et au reveterml irterieur de la ccnduite deau principale, phase 4, sat acoepte a titre irfom-atif. 5.14 Vdr le pant 141 5.15 Que le rapport presente concernant la seance irfom'ative pcblique relative a I'installaicn de traiteimnt des eaux usees situee dans le quartier est sat accepte a titre infom-Stif. 5.16 Cue, omm-e le recd mpri le le cirecteur general, la proposition presentee par Dillon Consulting visant les services dingenierie (gestion de la conception et de la constructicn) relaiverrent au reseau daqueducdu lotisserrrent Harbor rvieNet au projet dinstallation dune conduite deau a I'avenue Beaverbrock sat aoceptee et que le n-dre et la greffiere cmnmr>a1e scent autonses a signer la docxxm lation em* a oet egard. Proposition du conseiller Titus Appcyee par le conseiller Shook RESCLU que la recormrendation fom- lee pcu- chacune des questions soumses a I'approbation du Conseil, a 1'exdusion du point 5.14, Gestion de la oonception et de la construction de l'installaion de traiteme-rt des eaux us6% situee daps le quartier est, et qui a ete selectio nee aux fins de deliberations, sat adcptee. A Tissue du vote, la proposition est adcptee. 7. Pmdamation 7.1 Arbour Day April 24, 2009 Jam. The Mayor prodairred Friday, April 24, 2009 as Arbour Day in the City of Saint 7. Pmdamation 7.1 La jouree de I'arbre, le 24 am it 2009 Le n-dre dedare le vendredi 24 aril 2009 Lajournee de I'arbre dans The City of Saint John. 13. Camittee Rgxx is 13.1 Arbour Day Camiittee Update Jeff Britt of JD Irving appeared before Cajidl and provided an update\t& respect to Arloc r Day. Cn motion of Couxillor Farren Seconded by Councillor McGuire RESCL\/ED that the report entitled Arloc r Day Comrittee Update be received for irfoYretion. Question being taken, the ruction was carried 13. Rapports deposes par les conites 13.1 Le pant sur le Comte pemmnent de La jou 6e de I'arbre Jeff Britt, representant de J. D. Irving, se presente devant le Conseil et fait le pant su- La joumee de I'arbre. Proposition du conseiller Farren Appcyee par le conseiller McGuire RESCLU que le rapport l la n ise ajor r relative au ocn ite perrrmnent de La journee de I'arbre sat reru a titre irfom'dif. A Tissue du vote, la proposition est adolotee. 13 94-398 COMMON OOLMUCONSOL CANMLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 7.2 Vduteer Appreciation Week The MWor prodairred the mek of April 19-25,2009 VolunteerAppreclation 7.2 SerTrine dappreaation des benevoles Le mare declare la sermne du 19 au 25 avril 2009 Senraine crappredation des benevoles. 7.3 Lions Appreciation Day John. The Nbyor prodain ed April 21, 2009 Lions Appreciation Day in the City of Saint 7.3 Journee dappreaation du Lions Club Le nreire declare le 21 avril 2009 Jcumbe crappredation du Lions Club clans The City of Saint John. 9. Public Hearings 7:00 P.M 9.1(a) ProposedMunici pal Ran Amen drrentandZoningBy-LawArr nent- 1989 Manavvagonish Road 9.1(b) Planning Advisory Corrrrittee Ong Municipal Ran and R inning AnmrdTents The comet Clerk advised that the necessary advertising was oarpleted wth regard to the proposed NLnicipal Ran and Re-zoning an endments for a parcel of land located at 1989 Nbnawegmish Road having an area of approm ately 1.75 acres, also identified as a potion of R D rx rrber 55163588, from Lav Density Residential to Approved Conrne'clal Developr mr t classification and by rezoning the sarre parcel from "RP' Rural to "SZ 23' Special Zone #26 to recognize the a <isting motel as a permitted use as requested by Karraljit Said= wth vuitten objections received. Consideration was also given to a report from the Planning Advisory Co mittee submitting a copy of Raining Staff's report considered at its April 7, 2009 meeting at W idn the GmTnftee recamBxted approval as set out in the staff rec ummnd rtion, to re-zone a parcel of land located at 1989 Mmmagorish Road as described above v& Section 39 conditions. The Mayor called for members of the public to speak against the re-zoning wth no one presenting. The Mayor called for members of the public to speak in favor of the re-zoning v& no one presenting. Responding to a question of Ccu ncil, the Camissia-ff of Ranning and Develop TBI advised Council that the staff reaorrrTmclation vvas to deny the application. Cn n ration of Cam illor McGuire Seconded byCcun illorSullivan RESCLVED that the application for the proposed NLniclpal Ran By-LauvAmandment regarding 1989 Uhiawganish Road be denied. Question being taken, the motion vvas carved wth Deputy Mayor Chase and Caxxillor Court voting nay. Cn mmtion of Camcillor McGuire Seconded byCcun illorSullivan RESCLVED that the application for the proposed Zoning By-Lawknendffert regarding 1989 NbnaAagonish Road be denied. Question being taken, the motion vvas carved wth Deputy Mayor Chase and Caxxillor Court voting nay. 14 COMM COLMUCONSOL COAMLA AL APRIL 14 & 20, 2009/ LES 14 Er 20 AVRIL 2009 9. Audiences publiques a 19 h 9.1a) Projet de modification du plan municipal et de I'antte de zormge Asant le 1989, chemin Nlanawagonish 9.1b) Conine c onsL tatif durbanisme recomnandart la modification du plan in.nicipal et le rezonage La greffiere con axde indique que les avis requs ont ete publies relativernent au projet de modification du plan rri.nicipal et de rezonage dune parcelle de terrain situee au 1989, chenin Manmagornish dune si.perfide deNron 1,75 acre et portant le NID 551Fnrq8 afin de faire passer la designation s'y rapportant de zone residentielle de foible densite a zone dantriagen rl oorrrrerdal appro rve, en modifiant le zonage de la n,&m parcelle de terrain pour la faire passer de zone rurale « RF » a zone spedale rf 25 «SZ 26» afin de reconneiftre un motel existant a titre dusage pennis, corm-e en a fait la derrande Kan-djit Sekhon, et que des oppositions ecrites ont ete reques. Examan dun rapport du Conite cansi ltatif dutx-rrisrre, accoapagr-e dun exenplaire du rapport du personnel du service dutbanisrre, etudie lors de la seance du 7 avril 2009, pendant Iacpelle le eonite a resdu de recamnander I'approbation, telle gUelle est soulignee dans la ration du personnel, voclant que le censeil commnal procede au rezonage de la parcelle de terrain situee au 1989, dnemn Nana n,agonish, telle qu'elle est decrite d-dessus, sous reserve des conditions inposees par I'artide 39. Le noire invite le public a se prononcer ocntre le rezonage, n-ds personae ne prend la parole. Le noire invite le public a exprimma- son appui quant au rezonage, mods persanne ne prand la parde. En repanse a une question du censeil, le oornissaire a I'urbanisne et au developperrent irfonre le eonsal que le personnel recorrrrande de rejeter la dmuride. Proposition du canseiller Moire Appuyee par le censeiller Sullivan RESCLU que la dame-de de modification du plan mxicipal visant le 1989, chenin Maroovagornish Road scit rejetee. A ('issue du vote, la proposition est acoeptee. Le noire suppleant Chase et le oc nseiller Court votent ocntre la proposition. Proposition du canseiller Moire Appuyee par le censeiller Sullivan RESCLU que la dame-de relative au prget de modification de I'arrete de nonage visant le 1989, chenin Marov% nish Road scit rejetee. A ('issue du vote, la proposition est acoeptee. Le noire suppleant Chase et le oc nseiller Court votent ocntre la proposition. 9.2(4b) Proposed Zoning Br-LawArrrent 10 Technology Drive- Paquest to V\ithchw Cn motion of Councillor Titus Seconded by Caxrdllor Farren RESCUED that the request by Comeau MacKenzie Architecture, the applicant, to\tA dawthe proposed zoning by-law ame ndnent at 10 Techndogy Drive, be accepted. Question being taken, the notion was carried 9.2a, b) Projet de modification de I'arrete de zonage visarnt le 10, promenade Technology- Derrande de renoncciation Proposition du conseiller Titus Appcyee par le censeiller Fan-en RESCLU que la dmmr de de Comeau MacKenzie Architecture, le requerant, de retirer le projet de modification de I'arrete de nonage oaxal rant le 10, praTenade- Tednndogy scit acoeptee. A ('issue du vote, la proposition est adoptee. 15 94.400 COMMON OOLMUCONSOL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 9.3(a) Proposed Zoning By-LawAr rer t 1612& 1618 Lafimore Lake Road 9.3(b) Ram ing Advisory Conrrittee Ong Farming The Common Clerk advised that the necessary advertising was oowpleted wth regard to arending Schedule "A', the Zoning W of The City of Saint Jd-n, by re-zoning a parcel of land located at 1612 and 1618 Latin-ore Lake Road, having an area of approxin- tely 4,029 square metres, also identified as a portion of RD Nurrber 55120315 and a portion of R D NuTber 55144612, from "RF' Rural to "RFM' Raxal and Mobile Hare to recognize the existing use of a mobile hone as requested by Karen and Daryl Luna v& no objections received. Consideration ves also given to a report from the Planing Advisory Carrrittee scbrritting a copy of Ranning Staff's report considered at its April 7, 2009 meeting at W idi the Comrittee n rerxted the rezoning of a parcel of land located at 1612 and 1618 Latin ore Lake Road, as described above. The Mayor called for mmnters of the public to speak against the re-zoning wth no one presenting. The Mayor called for mmnters of the public to speak in favour of the re-zoning no one presenting. Cn anion of Councillor Court Seconded byCou cillorSLAlivan RESCLVEDthat the by-lam entitled, "A Lavto Arrend the Zoning By-Lawof The City of Saint John" arending ale "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land located at 1612 and 1618 Latin ore Lake Road, having an area of approximately 4,029 square n etres, also identified as a portion of R D Nurber 55120315 and a portion of R D Nu Ter 55144612, from "RF Rmal to "RFM' Rmal and Mobile Hone, be read a first tirre. Question being taken, the motion was carried Read a first tine by title, the by-ladventitled, "A LaNtoArrend the Zoning E,-Lawof The City of Saint John.,, Cn rnotion of Couxallor Court Seconded byCou cillorShcivan RESCLVEDthat the by-lam entitled, "A Lavto Arrend the Zoning By-Lawof The City of Saint John" arrwding ale "A', the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 1612 and 1618 Latin ore Lake Road, having an area of approximately 4,029 square rretres, also identified as a portion of R D Nurber 55120315 and a portion of R D Nu Ter 55144612, from "RF Rmal to "RFM' Rmal and Mobile Hone, be read a second tine. Question being taken, the motion was carried Read a second tine by title, the by-ladventitled, "A LaNto Amend the Zoning By-LaN of The City of Saint John." 9.3a) Projet de modification de I'an-ete de zonage Asant les 1612 et 1618, chemin Latimore Lake 9.3b) Comte c onsultatif durbarisme recommndant le rezonage La greffiere c onTa Hale indique que les avis requs ont ete publies en rracifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage dune parcelle de terrain dune aWiide derwron 4 029 metres canes situee aux 1612 et 1618, Latin ore Lake et inscrite sous we portion du NID 55120315 et we portion du NI D 55144612 afin de faire passer la classification s'y rapportait de zone ruaie « RF» a zone ruraie de n-dsons mobiles « RFM» afin de reconnraitre I'usage ex ista7t dune rreison mobile, a la dernen le de Karen et Daryl Lunn, et qu'a cu a o0ection par Bait n'a ete reg-e. Exam n dun rapport du Comte consdtatif durbaisrre, acconpagrne dun exerrplaire du rapport du personnel du service duioanisrre, etude lors de la seance du 7 avril 2009, a IagAle le Comte a dedde de recorrnander I'approbatic n de la dernande de rezonage dune parcelle de terrain situee as 1612 et as 1618, deer in Latin ore Lake, telle qu'elle est deaite ci-dessus. 16 COMM COLMUCONSOL COAMLML APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 Le meire invite le public a se pro noncer oontre le rezonage, n-ds persorne ne prend la parole. Le n-dre invite le public a e)#mmer son appui quart au rezonage, nuns persanrne ne prend la parole. Proposition du oonseiller Court Appu yee par le conseiller Sullivan RESCLU que I'arete intituie «Arrete modifrant I'arete de zonage de The City of Saint John » , rrodifrant I'amexe A, plan de zonage de The City of Saint John, en procedant au rezorege dune parcelle de terrain situee au 1612 et au 1618, dnemin Latin ore Lake, dune -%Wiide approAnetive de 4 029 rretres canes, inscrite sous une partie du N D 55120315 et une pantie du NI D 55144612, afin de la faire passer de zone rurale « RF» a zone rude de n-dscns mobiles « RFM fasse I'oW dune premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule «Arrete modifiant I'arrete de zonage de The City of Saint John Proposition du conseiller Court Appu yee par le conseiller Shcivan RESCLU que I'arrete intituie «Arrete modifrant I'arrete de nonage de The City of Saint John » , rrodifrant I'amexe A, plan de zonage de The City of Saint John, en procedant au rezor age dune parcelle de terrain situee au 1612 et au 1618, dnemin Latin ore Lake, dune superfrde approAnetive de 4 029 rretres canes, inscrite sous une partie du N D 55120315 et une pantie du NI D 55144612, afin de la faire passer de zone rurale « RF» a zone male de n-dscns mobiles « RFM fasse I'oW dune cl&Dderre lecture. A Tissue du vote, la proposition est adoptee. DeuDdeme lecture par titre de l rete intitule «Arrete modifiant I'arete de zoneige de The City of Saint John 9.4 Proposed W-Law Arrnert to Stop Up and Close a Portion of Peel Street The Carman Clerk advised that the necessary advertising was oorrpleted with regard to the proposed by-lawamandment to stop-up and dose a portion of Pod Street, by addng thereto Section 202 immediately alter Section 201 thereof, \t& no objections received. The Mayor called for nenters of the public to speak against the proposed anendmmnt with Arne Baker, property om->er on Peel Street, stating that the parking for her business vwuld be negatively affected by the dosing of Peel Street. The Mayor called for nenters of the public to speak in favor of the proposed amff-dnmrl with no one presenting. Cn motion of Councillor Titus Seconded by Councillor Court RESW EDthat the by-Iawentitled, "A B)~-Lawto Amend a B)~-Law Respecting the Stopping Up and Closing of Hghways in The City of Saint John" regarding a portion of Peel Street by adding thereto Section 202 immediately after Section 201 thereof, be read a first tine. Question being taken, the nmtion was carried Read a first tine by title, the by-lawentitled, "A By-Lawto Amend a B)~-Law Respecting the Stopping Up and Closing of Hghways in The City of Saint John.,, Cn motion of Councillor Titus Seconded by Ccuxallor Sullivan RESCI.AED that the by-lam entitled, "A B)~-Lawto Amend a B)~-Law Respecting the Stopping Up and Closing of Hghways in The City of Saint John" regarding a portion of Peel Street by adding thereto Section 202 immediately after Section 201 thereof, be read a second tine. 17 94402 COMMON OOLMUCONSOL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 Question being taken, the motion vvas carried Read a second time by title, the by-lavventitled, "A QpLadvto Amend a By-Lavv Respecting the Stopping Up and closing of Hghnays in The City of Saint John." 9.4 Modification proposee de I'ant#e su- le zonage Asant la fenneture et le barrage dun trongon de la rue Peel La greffiere oo rrn rule indique clue les avis recluis ont ete publies relativematt au projet de modification de I'arete sur la fermeure de routes en we de ferrrer et de barrer un tronpon de la rue Peel, et par I'4out de I'aticle 202 a la suite de I'aticle 201, et clu'aueune opposition n'a ete regue. Le rraire invite le public ti se prononcer oontre la modification proposee. Anne Baker, proprietaire de bien-fonds situe su- la rue Peel, declare que la ferrreture de la rue Peel aurait un effet rregatif su- le stationr errent pax son entreprise. Le rraire invite le publics e)#n-er son atomi quant a la modification proposee, rrais perscnne re prend la parde. Proposition du oonseiller Titus Appuyee par le omseiller Court RESCLU que I'arete intituie «Arrste rracifiant I'arete sur I'int&Vion de la circulation et la ferrretue des routes dens The City of Saint Jehn» relativaTant s un tronpon de la nee Peel, par I'ajout de I'aticle 202 s la suite de I'aticle 201, fasse I'dojet dune prep iere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture de I'arete intituie «Arrete rracifiant I'arete sur I'intemaptien de la circulation et la ferrretu a des routes dais The City of Saint John Proposition du oonseiller Titus Appuyee par le oonseiller Sullivan RESCLU que I'arete intituie «Arrete rracifiant I'arete sur I'int&Vion de la circulation et la ferrreture des routes dens The City of Saint Jehn» relativaTant s un tmnpon de la nee Peel, par I'ajout de I'aticle 202 s la suite de I'aticle 201, fasse I'dojet dune clwderne lecture. A Tissue du vote, la proposition est adoptee. Deuxi6m lecture de I'arete intitule «Arrete rnodifia7t I'arete su- I'intemaption de la circulation et la fermetu a des routes dens The City of Saint John 9.5 Proposed W-Law Arrrent to Stop Up and Close a Portion of Chipman Street The C Timor Clerk advised that the necessary advertising was completed wth regard to the proposed by-ladva mrdm rt to stop-up and dose a potion of Chiprren Street, by adding thereto Section 203 irrrmcfately after Section 202 thereof, vvith no of jections received. The Mayor called for rrerrbers of the public to speak against the proposed arendmant vvith no one presenting. The Mayor called for rrerrbers of the public to speak in favor of the proposed arendmant wth no one presenting. Ch notion of Councillor Titus Seconded by Councillor Court RESCLVED that the by-lavventitled, "A By-Lavvto Amend a By-Lavv Respecting the Stopping Up aid closing of Hghmys in The City of Saint John" regarding a portion of Chiprran Street by adding thereto Section 203 imradiatdy after Section 202 thereof, be read a first time Question being taken, the motion vvas carried 18 COMM COLMUCONSOL COAMLML APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 Read a first tirre by title, the by-lawentitled, "A By-Lawto Arrend a B)~-Law Respecting the Stopping Up and closing of Hghways in The City of Saint John.,, Cn motion of Councillor Titus Seconded by Councillor Court RESW EDthat the by-law entitled, "A B)~-Lawto Amend a B)~-Law Respecting the Stopping Up and Closing of Hghmys in The City of Saint Jdm" regarding a portion of Chiprren Street by adding thereto Section 203 imrediately after Section 202 thereof, be read a second tine Question being taken, the mmtion was canied Read a second tine by title, the by-ladventitled, "A B)~-Lawto Amend a By-Ladv Respecting the Stopping Up and closing of Fighw,ays in The City of Saint John.,, 9.5 Modification proposee de I'arrbte su- I'intemption de la circulation et la femr-ture dui trongon de la rue Chipman La greffiere conmriale indique que les avis reguis ont ete publies relativemaft au projet de modification de I'arete sur la femBture de routes en vue de ferrer et de barrer un traVn de la rue Chiprren et par I'4out de I'artide 203 a la suite de I'artide 202, et qu'a m- a opposition n'a ete regue. Le rraire invite le public a e)#n-e son opposition quart a la modification proposee, n-ds pa some ne prend la parole. Le rraire invite le publics e)#n-er son appui quart a la modification proposee, rreis personae ne prend la parde. Proposition du conseiller Titus Appcyee par le conseiller Coot RESCLU que I'arete intitele «Arrete rrodifiait I'arete sur I'intemption de la circulation et la fenretu a des routes dens The City of Saint John relativerrent a ul tmngon de la n,e Chip Tm, par I'lout de I'artide 203 a la suite de I'artide 202, fasse I'otjet dune prep iere lecture. A Tissue du vote, la proposition est adoptee. Preniere lecture de I'arete intitule «Arrete modifiant I'arete sur I'intemiption de la ci rcul ation et la femtue des routes dens The City of Saint John Proposition du oonseiller Titus Appcyee par le conseiller Coot RESCLU que I'arete intitele «Arrete modifiant I'arete sur I'intemption de la circulation et la fenretu a des routes dais The City of Saint John relativerrent a ui tmngon de la n,e Chip Tm, par I'lout de I'artide 203 a la suite de I'artide 202, fasse I'otjet dune deuiaerre lecture. A Tissue du vote, la proposition est adoptee. Deuxi6m lecture de I'arete intitule «Arrete modifiait I'arete sur I'intemption de la ci rcul ation et la ferrbtu a des routes dens The City of Saint John 9.6 Proposed By-Law Arr rent to Stop Up and Close a Portion d Flaw Avenue The Corrrnon Clerk advised that the necessay advertising %as ow-pleted with regard to the proposed by-lawarendrrert to stop-up and dose a portion of Hazen Avenue, by adding thereto Section 204 imredfately after Section 203 thereof, with no ol~ ections received. The Mayor called for rnanters of the public to speak against the proposed arendrrent \t& no one presenting. The Mayor called for rnanters of the public to speak in favor of the proposed amendment with no one presenting. 19 94.404 COMMON OOLMUCONSOL CANNLAVAL AFRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 Cn notion of Councillor Titus Seconded by Councillor Court RESCLVED that the by-lam entitled, "A 13~LaAtto Amend a B)~-Law Respecting the Stopping Up and closing of Highmys in The City of Saint John" regarding a portion of Hazen Avenue by adding thereto Section 204 imrediately after Section 203 thereof, be read a first tirr e. Question being taken, the motion was carried Read a first tine by title, the by-ladventitled, "A BpLadvto Amend a By-Ladv Respecting the Stopping Up and closing of Fig mays in The City of Saint John.,, Cn notion of Councillor Titus Seconded by Councillor Court RESCLVEDthat the by-ladventitled, "A B)~-Lauvto Amend a B)~-Lauv Respecting the Stopping Up and closing of Highmys in The City of Saint John" regarding a portion of Hazen Avenue by adding thereto Section 204 immediately after Section 203 thereof, be read a second time. Question being taken, the motion was carried Read a second time by title, the by-ladventitled, "A BpLadvto Amend a By-Law Respecting the Stopping Up and closing of Hghnays in The City of Saint John." 9.6 Modification proposee de I'ant#e su le zonage Visant la femictue et le barrage dui trongon de I'avenue Hazen La greffiere conTa hale indique que les avis reguis orrt ete publies relativemant au projet de modification de I'arrete sur la femreture de routes en we de femer et de barrer un tronpon de I'mn-e Hazen et par I'lout de I'article 204 a la suite de I'article 2013, et qu'aueune opposition n'a ete rep-e. Le n-ire invite le public a e)#n-e son opposition quant a la modification proposee, n-ds perso ne re prend la parole. Le n-ire invite le publics e)#n-er son appui quant a la modification proposee, rreis personae ne prend la parde. Proposition du oonseiller Titus Appuyee par le oonseiller Coat RESCLU que I'arete intituie «Arrste mo ifiant I'arete sur I'interr tion de la circulation et la femetue des routes clans The City of Saint John relativerrent s un tmhpon de I'avenue Hazen, par I'4out de I'article 204 s la suite de I'article 203, fasse I'dojet dune prep iere lecture. A Tissue du vote, la proposition est adoptee. Preniere lecture de I'arrete intituie «Arrete rracifiant I'arete sur I'interruptien de la circulation et la femretuhe des routes dais The City of Saint John Proposition du oonseiller Titus Appuyee par le oonseiller Coat RESCLU que I'arete intituie «Arrste mo ifiant I'arete sur I'interr tion de la circulation et la femetm des routes clans The City of Saint John relativerrent s un tmhpon de I'avenue Hazen, par I'4out de I'article 204 s la suite de I'article 203, fasse I'dojet dune dwderre lecture. A Tissue du vote, la proposition est adoptee. Deuxi6m lecture de I'arete intitule «Arrete nmdifiant I'arrete sur ('interruption cle la circulation et la femme tu-e des routes dens The City of Saint John 20 COMM COLMUCONSOL COAMLML APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 a Delegations/Presentations all Enterprise Saint John -2009WirloanFighlights Referring to a submitted presentation, Bob Manning, Chair of Enterprise Saint Jon and Steve Carson, CEO, updated Council vvith respect to the 2009 Enterprise Saint John vortyPan. The Mayor informed Ca ml that it %as brought to his attention that a citizen had intended to speak in favour of a zoning and m,nidpal plan amnent during the public hearing vvith respect to item 9.1 Proposed Municipal Ran and Zoning By- Law Amerxh ent 1909 M 3u&,agoni sh Road. The City Solicitor stated that if Council ware to alloNthe proponents of this rezoning and m nicipal plan ammndnmr t to appear before Cardl after the public hearing is finished, it would effectively be reopening the public healing W ich, he advised, would not be in accordance vvith the Commmity Planning Act. U. Nugent stated that the applicants would be required to re-apply for the zoning arrendrrent should they vvish to appear before the Council. a Delegations et presentations 8.1 Preserrtation dErrtreprise Saint John- Faits saillants du plan de travail de 2009 Faisant reference a une presentation anterieu-e, Bob Nanning, president crEntreprise Saint John, et Steve Carson, president-clirecteur general, inforn -ent le Conseil du plan de travaul de 2009 crEnterprise Saint Jchn Le n-ire indique au Conseil qulan Iui a sauligrre qu'un dtoyen desire e #n-er son sautien quaint a la modificaticn du plan m nicipal et du zonage pendant la presentation publique relativerrent au pant 9.1 Projet de modification du plan m nicipal et de I'arrete de zonage visart le 1989, dnerin Manmagonish. L'avocat mnidpal incique que si le Conseil perr t aux promoteurs de ce projet de modification du plan nmapal et de rezonage de se presenter devant le Conseil nraintenant, cette situation va en realite rouvrir I'audienoe publique, ce qui, precise-t-il, nest pas conforre a la La surl'urlaanisrre. M Nugent explique que les postulants davent presenter de nouveau une de ride de modification de zonage s'ils desirent se presenter devant le Conseil. 3.1 Writer Management Ran for Streets and Sidewalks Referring to a submitted report, the Comrrissicn of Unicipal Cperatians updated Council vvith respect to the vvinter n iagerrent plan for streets and side,Aks in Saint John. On notion of Deputy Ubyor Chase Seconded by Councillor Titus RESCL\/ED that the report entitled Venter Managemiant Ran for Streets and S deAks be referred to the City Manager for a response to the condemns expressed by the Ccundl respecting the plan; and further that the repot include a value for mioney exercise and public engagement. Question being taken, the rrction was carried vvith Councillors McGuire and Shook voting nay. 3.1 Ran de gestion hivemal pour les mes et les trattoirs Faisant reference a un rapport depose anterieurerrent, le oom-missaire ar x operations m nicipales infame le oonseil du plan de gestion hivemal pour les rues et les trottars de Saint John. Proposition du n-dre suppleant Chase Appuyee par le conseiller Titus RESCLU que le rapport ant le plan de gestion hivernal pour les rues et les trottoirs sat transn is au drecteur general pour obtenir une repcnse aux questions saulevees par le Conseil relativerrBI au plan et, qu'en outre, le rapport corrprerne une valeur pour les exerdces finanders et I'int6resserrBI du public. A ('issue du vote, la proposition est acoeptee. Les ocnseillers McGuire et Shook votent contre la proposition. 21 94.406 COMMON ©OLMUCONSBL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 Er 20 AVRIL 2009 13.3 Conrrittee of the Mole: Rmomnended Appointrnents to Connittees Councillor Hggins provided an update to C uridl v& respect to a fundraising dinner for PRO cls, Positive Recreation Oppatunities for Nds, tekng place on April 25'" 2009 at the Delta Hotel. 13.3 Comte plenier : Ibcorr mrxlations de nonirrations pour sieger aux conites Le oonseille- Hggins foumit au ccnseil we rise ajar quant au souper-beiWice pour R R.O. IgDS- Positive Recreation for Nds qu aura lieu de 25 avril 2009 a I'hotel Delta. 10. Consideration of Byaaovs 10.1 Proposed Municipal Ran Amerxlment 185-187 Golden Groyne Road Cn nation of Councillor Titus Seconded by Councillor Fanran RESCLVEDthat the proposed NLnicipal Plan By- LaNkTwdrrent regarding 185-187 Golden Grove Road be referred to the Planing Advisory Conmttee for a report and recormmndstion and the necessary advertising be authorized v& a Public Hearing to be held on May 11th, 2009 at 7:00 p.m in the Council Chamber. Question being taken, the motion was carried 10. nude des anetes rnu nicipaux 10.1 Projet de modification du plan municipal visant le 185-187, chenin Golden Grove Proposition du oonseiller Titus Appuyee par de conseiller Fanren RESOLU que de prqet de nadification du plan mxnicipal visant de 185-187, dhenin Golden Grove sat transrTis au Conte eons ltatif durbarisrre en we de I'etablisserrent dun rapport et de la presentation de recomTendations, que la publication des avis edges scat autorisee et qu'une audience publique scat fixee au 11 nevi 2009, a 19 h, clans la salle du conseil. A Tissue du vote, la proposition est adoptee. 10.2 Proposed Municipal Ran Amerxlment 188 and 1% Mount Pleasant Avenue East Cn nation of Councillor Fanran Seconded by Councillor Court RESCLVED that the proposed Wicipal Ran By-LawArreridn ent regarding 188 and 196 Mount Pleasant Avenue East be referred to the Planning Advisory Cornr ittee for a report and motion and the necessary advertising be authorized v& a Public Hearing to be held on Nay 11, 2009 at 7.00 p.m in the Council C harrber. Question being taken, the motion was carried 10.2 Projet de modification du plan municipal Asant les 188 et 196, avenue Moult Pleasant Est Proposition du oonseiller Farrel Appuyee par de oonseiller Cant RESCLU que de prqet de nadification du plan mmicipal visart les 188 et 196, avenue Mount Pleasant Est sat transn-is au Conte consudtatif duibanis m en vue de I'etablisserent dui rapport et de la presentation de recorrrreendations, que la publication des avis edges sat autorisee et qu'une audience publique sat fixee au 11 nevi 2009, a 19 h, clans la salle du oonseil. A Tissue du vote, la proposition est adoptee. 22 94.407 COMM COLMUCONSOL CON LA AL APRIL 14 & 20, 2009/ LES 14 Er 20 AVRIL 2009 15.0 Saint John Airport Inc. -Subnissionforthe Building Canada Fund C Tnu ities (Airports) Component Cxr motion of CAUncillor Farren Seconded by Councillor Sullivan RESCL\ED that Council send a letter of support to the Saint John Airport Inc. Board of Directors indicating that the City of Saint John welcorres and supports the Saint John Airport Inc's participation in the Commnities Component (Airports) of the Building Canada Fund in viewof its key role as an ec onon is enabler, and an essential component for activity in the region. Question being taken, the motion was carried v& Councillor Hggins voting nay Can motion of Ccu ncillor Sullivan Seconded by CAUncillor Snook RESCL\ED that the Council meeting be adjourned until April 20, 2009. Question being taken, the mrotion ves carried Nfyor Court advised that the meeting vWI resurie Monday, April 20, 2009 at 6.00 p.m in the Council C hamioer and vWI c o rrence v& item 10.3(a,b). 15.0 Saint John Airport Inc. - Sounission dans le cadre du volet CollectiAtes (aeroports) du Fonds Chantiers Canada Proposition du conseiller Farren Appuyee par le ccnseiller Sullivan RESC LU que le ccnseil envcie au oonseil dada iristration de Sault John Airport Inc. une lettre dappui dans laquelle it est irxique que The City of Saint John approuve la participation de Saint John Airport Inc. dans le cadre du vdet Cdlectivites (aeroports) du Fonds C hantiers Canada corrpte tenu de son rde de en tart que rroteur eoononique et vdet essentiel lors dactivites qu se deroulent dans la region. A I'issue du vote, la proposition est adoptee. La conseillere Hggins vote centre la proposition Proposition du oonseiller Sullivan Appuyee par le censeiller Snook RESC LU que la presente reunion scit levee jusqulau 20 avril 2009. A I'issue du vote, la proposition est adoptee. Le n-dre Court indique que la seance se poursuivra le lundi 20 aril 2009 a 18 h, dans la salle du oonseil, et que le point 10.3x, b) sera le prep ier abcrde. Monday, April 20, 2009,6:00 P.M The Mayor reconvened the meeting %hch begun on April 14, 2009. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, NlIen, Hggins, McGuire, Mott, Snook, Sullivan, and Titus - and - T. Totten, City Manager, J. Nugent, City Solicitor, K Forrest, Cor mssioner of Planning and Development; B. Keenan, Mmager of Voter and VV3steveater, A Poffenroth, Deputy C nnissioner of Buildrigs and Inspection Services; C. Thorrpson, Pdioe Staff Sergeant; E Gorrriey, Common Clerk and J. Taylor, Assistant CornTon Clerk 23 94.408 COMMON ©OLMUCONSBL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 Le luui 20 avril 2009 a 18 h Le mare dedare que la seance reprend afin de prolonger celle ten re le 14 awil 2009. Sort presents : Ivan Court, n-dre le n-dre suppleant Chase et les conseillers Court, Fa>tren, Men, Hggins, Ma3uire, Mott, Si icok, Sullivan et Titus et T. Totten, drecteurgeneral; J. Nxent, avocat municipal; K Forest, oomnissaire a I'utbanisme et au developpement; B. Keenan, d recteur - eau et ea x uvsees; A. Poffenroth, oomnissaiire adjant aux services dinspection et des batin arts; C. Thonpson, sergent detat-major du service de police, aiinsi que E Gcmiey, greffrere coon axiale et J. Taylor, greffier corrrn -d a4cint. 6 Members Comments Council mmnbers con rented on various c onTn r ity events. 6. C nTentaires presertes par les mmiores Les mmnixes du conseil s'e #ffert sur civerses activites corrmnautaires. 10.3(a,b) Third Readng - W-LawAmendments - Wnter On-Street Paddng and the Depositing of Snow and Ice on Streets and Sidewalks Cn motion of Councillor Sullivan Seconded by Councillor Men RESCLVEDthat items 10.3 (a) and 10.3(b)Third Reading- ByLawAmmncinrent Wnter CrrStreet Partdng and Depositing of Snowand Ice on Streets and Sidewalks be tabled pending a report from the City Menager. Question being taken, the ruction was carried 10.34 b) Troisieme lecture - Mocification de I'an@& con mmir t le statiornement su- la rue en liver et I'accun nation de neige et de glace su- les rues et les trattoirs Proposition du oonseiller Sullivan Appcyee par le conseiller Men RESCLU que la trasieme lecture des pants 10.3a) et 10.3b) rdatifs a la modification de I'an-dte concemant le stationnenert scr la nae en hiver et I'accumlation de neige et de glace sur les runes et les trottoirs sat repcrtee jusgcla oe gclun rapport sat requ du directeur general. A Tissue du vote, la proposition est adcptee. 11. Subnissions by Council Members 11.0 Piblic Process- Father Developing Accountability and Transparency (Deputy Mayor Chase) 122 Connittee of the Whole PecOrrrnerndations to Council Cn mmtion of Councillor Sullivan Seconded by Councillor McGuire RESCLVED that item 11.0 Public Process - Further Developing Accountability and Transparency be removed from the table. Question being taken, the motion was carried Cn nmtion of Cumcllor McGuire Seconded by Councillor Fan-en RESCLVED that item 12.2 ConTittee of the VV-de Recur Twclations to Council be moved favard on the agenda 24 COMM COLMUCONSE]L COAMLML APRIL 14 & 20, 2009/ LES 14 Er 20 AVRIL 2009 Question being taken, the mmtion was carried Cxr motion of Deputy NAWa- Chase Seconded by Councillor Titus RESC L\ ED that Council, as part of its rules of procedure, irrplemenrt the rule that any item brought from dosed session of Carrrittee of the Verde mast be tabled on the subsequent meeting of an open session and only considered in a fdlming open session of Council \t& at least a week in separation. Referring to the sr lon itted report entitled CaTn ittee of the Verde Reoo rr bons to Council, the City M wager outlined the details of the document. The rrajority of Council merrbes indicated that they do not agree \t& the motion as it would create mom restrictions than neoessary and also it could cause financial and legal problems for the City. Camcil rrerbers also remarked that Council presently has the ability to table Cayn ittee of the Verde dosed items to a later date and therefore the present ruction vould not be necessary. Question being taken, the mmtion was defeated \Mh the Maya- and Councillor CAUt, Hggins, Men, Fan-en, McGuire, Mott, Smok, and Sullivan voting nay. Can motion of Ca.ndllor Titus Seconded by Councillor Sullivan RESCL\/ED that the item 12.2 Cayn ittee of the V\rde Recarrrrmndations to Ca ml be received for infonmatian. Question being taken, the mmtion was carried 11. Interventions des nrembres du conseil 11.0 Rrocessus public-Valorisation accrue de la trarrsparenceet de ('obligation de n3idm compte (maire supplearrt (ease) 122 Peco m illation du conite plenier a ('intention du conseil Proposition du conseiller Sullivan Appuyee par le ccnseiller Moiire RESC LU que le point 11.0 Processus pr blic- Valaisation accrue de la transparence et de ('obligation de rendre ocnTte scit retire. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Mo iire Appuyee par le ccnseiller Fan-en RESC LU que le point 12.2 Recorm-Eindations du ocn ite plerier a ('intention du conseil scit avance dais I'orcre clujaar. A Tissue du vote, la proposition est adoptee. Proposition du moire sr ppleant Chase Appuyee par le ccnseiller Titus RESC LU que le Conseil, clans le cadre de ses regles de prooedure, applique la *le selon lacludle taus les points Mclues clans une reunion pnvee as en oomte plenier doivent titre soon is a la discussion Tors de la seance p.blique suvan to et uniquen ent pris en cove dens une seance p.blique du Conseil se tenant apres un intavalle dau mans une semaine. Se repportant au rapport pnesente canoernant les recorrrrendations du con ite plenier a I'in tention du conseil, le drecteur general saaligne les details du clocun ent. La nAcxite des merrbres du Conseil inc6quent gdils re sent pas daccord avec la proposition, car elle cree-ait plus de restrictions que necessaire adnsi que des problerres financiers et juiciques pour The City of Sault John. Its font egalerrent rerrarquer que le Conseil peut, a I'heure actuelle, reporter Ies points regles du ocnite plenier a une date ulterieu-e et, par consequent, la proposition actuelle ne serait pas n boessaire. A ('issue du vote, la proposition est roetee. Le moire ainsi que les 25 94410 COMMON ©OLMUCONSBL CANNLAVAL AFRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 conseillers Court, Hggins, Nllen, Fayreh, McGuire, Mott, Shook et SUlivan votent oantre la proposition Proposition du conseiller Titus Appu.iyee par le conseiller SUlivan RESCLU que le pant 12.2 Reoorrrrexlations du oanite plenier a ('intention du Conseil sat regu a titre inforn'dif. A Tissue du vote, la proposition est adolotee. 11.1 Letter to Cancan Blood Services (N yor Court) Cn motion of Maya Coat Seconded by C uncillor Fan-en RESCLVED that ComTon Council requests the Mayor to vuite a letter to the CEO of Canadian Blood Services to reverse the decision to dose the Saint John Blood Service distribution centre and further that this letter be foNm3rled to the Premer, Mister of Health, Chair of the bi-partisan Co mittee of the Legislative Assembly, MA Margairet-Am Blaney and MA StaAart Jameson. Question being taken, the motion vvas carried 11.1 Lettre Ala Societe canacienne du sang (moire Court) Proposition du moire Court Appuyee par le conseiller Fanren RESCLU que le Conseil con-mi rhal deT eride au mare d6dre we lettre au president-cirecteur general cle la Sedate canadienne du sang (SCS) dens lagAle it dmmrde cle renverser la cledsion clefemer le centre cle services tmnsfusionnels cle Saint John et que oette lettre sat egalemaht envoyee au premer ninistre, au niristre cle la Santa, au president du canto bipartite cle I'Asseniiee legislative, a Margaret--Am Blaney, deputee provincia le, et a SteAart Jameson, depute promndail. A Tissue du vote, la proposition est adolotee. 11.2 Cortrolling City Costs (Councillor Titus) Cn motion of Councillor Titus Seconded by Councillor SUlivan RESCLVED that a letter under the Mayor's signature be sent to every Unidpal Agency, Board or Corrimssion stating that CArmrr on C Lml has the expectation that these agencies, boards and ccmmssions (ABCs) vii l l i rrpose a No year v Bge freeze for the years 2009 and 2010 or in the first tv~o years following the expiration of any labour contract currently in place, And further, that every other organization requesting finding from the City of Saint John in 2010 and 2011 mast provide the Otys Camissiahe- of Finance appropriate doammntatien incicating that wages and salaries vvithin their organization have been frozen with such documentation being a prerequisite of municipal finding. Question being taken, the motion vvas carved vvith Councillor Nllen voting nay. 11.2 Conh-ole des corns mxricipaux (conseiller Titus) Preposition du conseiller Titus Appu.iyee par le conseiller SUlivan RESCLU qLf une lettre pcrtant lasigi-eiture du mare sat envoyee a 1'enserrble des aganisrres m nidpaux, des canseils et des c cmmssions indiquant que le canseil ccnTa nal s'attend a oe clue ees organismes, conseils et c cmmssions (tras gapes essentiels) inposent un gel des salaires pendant deuuxar-s par Ies amees 2009 et 2010 o u au cars des deuux prem6res ann6% suivant 1'e)0ration cle to ute convention collective actuellemant en vigaeur. De plus, que taus Ies autres agarismes faisant une dmmrde cle finaneem ent auupres cle The City of Saint John en 2010 et 2011 faurissent au c c nissaire aux finances cle The City of Saint John taus Ies doc um3 nts pertinents clans Iesquuels it est indiclue que Ies sa laires des employes cle Iers orgarismes ant ate gees ow7m ees 26 94411 COMM COLMUCONSOL COAMLA AL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 doaxrents representent une emgerx a prealable au fina m narrt municipal. A ('issue du vote, la proposition est adoptee, le conseiller Krllen ayant vote contre la proposition. 11.3 Concerns for Future Debt of Our City (Councillor Fanen) Cn motion of Ca.ncillor Farren Seconded by Councillor Mott RESCUED that the Finance Comrissia-er prepare a report \t&in 4vueeks that includes all anticipated and knxrnn projects and costs associated v& them that both staff and Council are contenplating over the next 12 to 18 months. Question being taken, the rrrotion vvas defeated the Mayor and Councillors Court, Krllen, Mire, Snook and Titus voting ray. 11.3 Inquetudes au sujet de la dette nuiapale a verrir (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Mott RESCLU que le c o rrrissaire a x finances prepare un rapport, qu conprend tour les prgets prevus et coins et leurs oouts ocnreces envisages par le personnel et le conseil au cou s des prodrains 12 a 18 was. Le rapport devnait titre scums au ocnseil dais un delai de- quatre serreines. A ('issue du vote, la proposition est roetee. Le noire ainsi que les conseillers Court, Krllen, Mare, Snook et Titus voten t contre la proposition. 11.4 GPS Tracidng of City Vehicles (Councillor Sullivan) Cn motion of Ca,ncillor Farren Seconded by Councillor Sullivan RESCUED that the City Manager report back \t& a reoornendation to Council regarding the use of GPStracldng systems to monitor the use of city vehides in the delivery of services by June 22, 2009. Question being taken, the motion ves carried \t& Councillor Court voting nay 11.4 Rapdrage par GPS des vehicxles nuiapaux (c onseiller Sullivan) Proposition du conseiller Farren Appcyee par le conseiller Sulivan RESCLU que le directeur general presente un rapport contenrant des moorrrreandations au conseil concaTa l ('utilisation de GPSafin de surveiller ('utilisation des vehicles rrr_nicipaux pendant la prestation de services. Ce rapport dot titre presente au conseil le 22 jun 2009 au plus tard. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote oc ntre la proposition 11.5 The Ch rch of Saint Ancirew and Saint David -The Abbey Housing Project (C mcillor McGuire) Cn motion of Councillor Moire Seconded by Councillor Snook RESCUED that the Uayor and Council identify The Abbey Housing Prqect as their top priority nixed-irnconm housing project for 2009. Responding to a question of Council, the City Manager indicated that The City of Saint John is not currently involved in any other housing project. Question being taken, the motion was carried 27 94412 COMMON ©OLMUCONSBL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 11.5 Wise Saint ArxVewand Saint QaAd - projet cle logements « Uabbaye» (c onseiller McGuire) Proposition du connseiller McGuire Appuyee par le conseiller Shook RESCLU que le noire et le ocnseil detem invent le prget de logenTnts « L'abbaye» come prqet dhabitations nixtes a priorite principale en 2009. A Tissue du vote, la proposition est adoptee. 11.6 Vest Saint John Ftional / Leisure Evaluation (Councillor McGuire) Cn unction of Camcillor McGuire Seconded by Councillor Titus RESCLVED that the City Manage- and the Director of Leisure Services, provide Carol an evaluation of the "outdoor" recreational / leisure resources located in the V\bst Saint John Area v&in the next nmfth. S-& an evaluation should include: a) The arrant condition of our resources b) Ernhancenpnt abeduled for 2009 and q) "blue sky' thin king, presenting a projection for possible grcmIth initiatives for anent or new resources for the 2010 budget process And irther that this be referred to the Leisure Services AdAsory Carnittee. Question being taken, the motion w?s carried. 11.6 Evaluation des lasirs clans Saint John Ouest (c onseiller McGuire) Proposition du eonseiller McGuire Appuyee par le conseiller Titus RESCLU que le cirecteu- general et le cirecteur des Services de lasirs faurnissent au Conseil une evacuation des resources en ni tiere de lasirs «exterieurs» dens Saint John Cuest au c curs du prochein mos. Cette evaluation dot corrprende les elements scivants : a) 1'etat actuel de nos resoources, b) Ies an-diorations prevues en 2009; q) une rde>don sans Iinite presentant une pr&Asion des initiatives possibles de orcissance pax Ies resoources actuelles ou nauvelles dens le cadre du processus budgetaire de 2010. De plus, que cette evacuation sat aclien robe au Con ite oonsultatif des Services des Ioisirs. A Tissue du vote, la proposition est adoptee. 12 Business Matters - Municipal Officers 121 Cancellation of June 4 2009 Council Meeting Cn nmtio n of Councillor Titus Seconded by Councillor McGuire RESCLVED that the June 8, 2009 ureeting of Council be cancelled to permit Couch rrerrbers to attend the Federation of Canadian Mmidpalities conference. Question being taken, the motion w?s carried 12 Affaires nunicipales evoqu6es par lesfonctionnaires nxurricipaux 121 Arrnulafion de la seancedu Conseil du 8 join 2009 Proposition du conseiller Titus App<uyee par le eonseiller McGuire RESaU que la reunion du Conseil du 8jcin 2009 sat annulee afin de permettre aux nenibres du Conseil de partidper a la Corference de la Federation canediennne des m unidpalites. A Tissue du vote, la proposition est adoptee. 28 94413 COMM COLMUCONSOL COAMLA AL APRIL 14 & 20, 2009/ LES 14 Er 20 AVRIL 2009 123 Vibrant Con rmkies-Neighbourhood Development StirnAation Gant Cn motion of Camcillor Farren Seconded by Ca.ncillor McGuire RESCLVED that Common Caj-d l approve the Vibrant Commnities pant request for a neighbouhood econon is developrIBI project in the amccnt of $19,000 from the Neighbourhood Stim lation Gant program Question being taken, the mrctionwas canied 123 Commnaut6s; Avarrtes - Subvention dencouagement de I'an*mgenient du voisinage Proposition du conseiller Farren Appuyee par le censeiller McGuire RESCLU que le ocnseil comTurd approuve la den ante de subventien de I'organisme Cenmxautes vivantes visant un projet ec orxonique crarrenagen ent du voisinage en accordant une subvention de 19 000 $ a partir du prograrrn e de subventien damouragemmnt de I'arrenagerrent du voisinage. A Tissue du vote, la proposition est adoptee. 124 Demolition of Stnacturally Unsound Building at 0-10 Briniley Street Cn motion of Councillor Titus Seconded by Caxncillor McGuire RESCLVED that as newrrrer>ded by the City Manager, Comn-o n Council hereby directs that one or more of the Cffioers appointed and designated by Caml for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings By-LaN,, arrange for the dwbition of the buildings at 8-10 Brinley Street at a cost of less than $25,000 and in accordance vvith the applicable City purchasing policies. Refening to a submitted report, P Bentley, Erne, jneer for Building and Inspection Services, updated Council vvith respect to the proposed demolition of the structurally unsound building at 8-10 Brinley Street. Responding to a question of C un il, the City Solicitor indicated that if the City were to have a property derralished by virtue of its owpDmised structu-ai integrity, then the City mast demonstrate to the Provinde that reasonable steps have been taken to recover the costs incurred by the m nicipality. Mr. Nugent explained that the Provinde vvill then indermfy the Qty for the costs that it incurred and those costs vwuid then be treated by the Province as a lien on the property, Mich is collected through the property tax system Question being taken, the mrction was canied 124 Demd loon du batiment en mauvais etat en raison de sa sbudure situe au 0-10, rue Brinley Preposition du conseiller Titus Appcyee par le censeiller McGuire RESCLU que, c cmTe le recorrnande le directeu- general, le eonseil c cmTunal n>andate, par les presentes, un ou plusieurs agents nanlnn?s et designes par le eonseil relativemant a I'appliceition de I'Arrete oancemant les batiments et structures inesthetiques ou dangereux dens The City of Saint John, en vue de demolir le batin ent situe au 8-10, nee Brinley a un coat nbns deve que 25 000 $ et conform mmnt aux politiques en ni tiere dapprovisionnen ent applicebles de The City of Saint John Faisart reference a un rapport depose anterieu-eme nt, P. Bentley, ingenieur aux Services dinspection et des batimmnts, infame le ocnseil du p let de demolition du batimant en nBNais etat situe au 8-10, nee Biriey. En reponse a une question du censeil, I'avoc t m,nidpal indique que si The City of Saint John doit dbnbir une propriete en raison de son integrate structuraie mrrnacee, elle doit actors dencntrer au gcuvemen provincial que des rrawres raisormables ant 29 94414 COMMON OOLMUCONSOL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 ete prises pour reoupbrer les oaats engages par la n-Lnapadite. M. Nugent explique que le gouvemement provincial indamsera The City of Saint John pour les oaats engages et ees oaats sercnt aoquittes par le gcuvernerrent provincial oarme un privilege su- le Mien par 1'entrenise des ingots fanciers. A Tissue du vote, la proposition est adoptee. 125 Carleton Corrrnanity Centre - Sprinkler System Installation Cn motion of Councillor McGuire Seconded by Cou cillor Snook RESCLVED that Council approve staff to proceed v& cost sharing the installation of sprinkler protection at the Carleton Commnity Centre v& the Rrovirice of New Bmrsnick, through V\tstpact, in the arricul of $75,000. Question being taken, the motion w?s carried 125 Centre c omm nautaire de Carleton - Installation dui systeme de gideus Proposition du eonseiller McGuire Appuyee par le conseiller Snook RESCLU que le consal autoise le personnel a proceder, clans le cadre de ('installation dune protection par gdeurs au centre c ramnautaare Carleton, au partage des coats aver la province du Ncuvea u-Bu-&mck, par 1'entrem se de V\bs~, aU mo ntant de 75 000 A Tissue du vote, la proposition est adoptee. 126 Councillor Krllen's Motion of January 26, 2009- Exemption of seniors, those on fined i nwn s and the poor from the flat rate water use i rxreases Cn motion of C uncillor Titus Seconded by C uncillor Nllen RESCLVED that the report entitled Councillor Nllen's Notion of January 25, 2009 - Exerrption of seniors, those on fixed incon es and the poor from the flat rate water use increases, be received for infaYreition. Question being taken, the motion w?s carried 126 Proposition du 26 janvier 2009 du canseiller Kllen - Exon6ration des augmentations de la taxe Beau forfaitaire Asarrt les aines, les personnes a revenu fixe et les person nes pauvres Proposition du conseiller Titus Appuyee par le conseiller Nllen RESCLU que le rapport concaTa t la proposition du 26jarMer 2009 du conseiller Nllen su-1'exo neraticn des augmentations de la taxe dean forfaitaire visant Ies dines, les personnes a revere fixe et les persa nes pauvres sat repu a titre infomlmtif. A Tissue du vote, la proposition est adoptee. 13.2 Peel Plaza Steering C Timittee: Peel Plaza Project- Request for Ck.difications Cn rrotiorn of C uncillor Titus Seconded by C uncillor McGuire RESCLVED that the report frorn the Peel Plaza Steering CaTn ittee entitled Peel Razor Project - Request for Qualifications, be received for infoml rtion. Question being taken, the motion w?s carried 30 94415 COMM COLMUCONSOL COAMLA AL APRIL 14 & 20, 2009/ LES 14 Er 20 AVRIL 2009 13.2 Conte cirecteu- de la place Fbel : Prciet de la place Fed - Derrande de qualifications Proposition du omseiller Titus Appuyee par le conseiller Moire RESC1_U que le rapport presente par le oon ite drecteur de la place Feel oonoernant la denmr de cle qualifications clans le cadre du projet cle la place Feel sat ac mpte a titre infonrafif. A Tissue du vote, la proposition est adoptee. 13.3 Co mittee of the VV-de: Fiecorr riended Appointments to Cormittees Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\ED that as necammnded by the Com fteeoftheVVlde, having met on March 30, 2009, Council makes the fol loning appointments: Saint John Board of Pdice Camissioners: to re-appoint David Enmrson for a three year term from May 24, 2009 to May 24, 2012 Saint John Free Public Library: to re-appart Patricia C hisholmfor a three year term from March 30, 2009 to March 30, 2012. Question being taken, the ruction was carried 13.3 Comte pienier : Farco rr mrxlations de nominations pour sieges aux corrites Proposition du oanseiller Titus Appuyee par le oanseiller McGure RESCLU que, oam e le reoor monde le comite plenier, s'etant reuni le 30 rrers 2009, le ocnseil apprauve les nominations suvantes : Bureau des con rissaires de la police de Saint John : Clue David Ereison sat nom b b cle nouveau pour ul mendat cle trois ans allant du 24 n -a 2009 au 24 n -a 2012. Biblici lieque publique de Saint John : Clue Patricia Chisholm sat ncnTTbe cle nouveau pour ul mandat de trois ans allant du 30 mers 2009 au 30 n mm 2012. A Tissue du vote, la proposition est adoptee. 13.4 Connittee of the VV-de: Fiecominended Appointments to Co mittees Cdr motion of Councillor Titus Seconded by Councillor McGuire RESC1_\ED that item 13.4 Carrnittee of the VV-de: Reoamencled Appointments to Camittees be lifted from the Table. Question being taken, the mmtion was carried Cdr motion of Councillor Titus Seconded by Councillor Snook RESC1_\EDthat Councillor Fan-en update Couxil wth respect to the Fat La Tax Development Authoity. Councillor Fan-en informed Council that the Fort La Tour Development Authority is vvorWig towards seeing that the site is redeveloped in an appropriate manner. Councillor Farren informed C ml that he would provide an update on Con n ftee vacancies. Question being taken, the mmtion was carried 31 94416 COMMON OoLMUCONSOL CANNLAVAL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 13.4 Conte plenier : Fbcontmrxlations de nominations pour sieger aux corrites Proposition du conseiller Titus Appuyee par le conseille- McClure RESCLU que le pant 13.4 Comte plenier : Rec on rexlations de nominations pour sieger ax ocmtes sat sours ax fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseille- Shook RESCLU que le conseiller Farren irforrre le eonseil cone ernant le eon ite pax la n ise en vaieu- de Fort LaTour. Le conseiller Farren info n-e le Conseil qua le ocnite pour la n ise en valeur de Fort La Tour travaille pour s'assurer que I'errplaoa ant est reantnage de n miere adequate. II joute qu'il presentera we rise ajor r conoemant les postes a pdurvoir au sein du oonite. A Tissue du vote, la proposition est adoptee. 13.5 Connittee of the Mole - MPNU Association: Annual Wage Increases for the Management Group Cn mmtion of Councillor Titus Secorxled by Deputy Mayor Chase RESCLVED that the report from the MPNU Association entitled Annual V\bge Increases for the Nlanagerrient Group be received for irfomation Question being taken, the motion was carried 13.5 Comte plenier - Management Profession Non-Union Association (NPIVIJ) (association des gestionnaires, des professionnels et des employes non syndiques) : Augmentations salariales annuelles pour le groupe denployes cadres Proposition du conseiller Titus Appuyee par le moire supplearnt Chase RESCLU que le rapport sour is par la Management Profession Nan-Union Association (MPNU) (association des gestiornnaires, des professionnels et des employes non syrdques) concernant les a-gnrentatians saiariaies arnrWIes pour le groupe derrployes cadres sat repu a titre infomratif. A Tissue du vote, la proposition est adoptee. 13.6 Appointment of Arbitration Board in the Matter of Collective Bargaining Bdween The City of Saint John and the Saint John Fire Fighters' Association, I.AF.F., Local 771 C) n mmtion of Councillor Titus Seconded by C uricillor Court RESCLVED that U J. David Nrrg be naured as the Otys naninee on the Arbitration Board in the nratter of the oalective bargaining dispute bet~ the City of Saint John and the Saint John Fire Fighter's Association, Local 771, I.A.F.F. Question being taken, the motion was carried 32 94417 COMM COLMUCONSOL COAMLA AL APRIL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 13.6 Nomination au c onseil darbitrage rdativernent aux negociations collectives entre The City of Saint John et la section locale 771(IAFF) de I'Association des pompiers de Saint John Proposition du conseiller Titus Appuyee par le conseiller Court RESCLU que M. J. David Nrrg sat nomhre candclat de la Mlle pour sieger au ocnseil darbitrage relativemeht aux negociations collectives entre The City of Saint John et la section locale 771 (LA F. F.) de I'Association des lom piers de Saint John. A Tissue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Design and Construction Management Eastern Wastewater Treatment Facility Cn motion of Councillor Titus Seconded by C uncillor McGuire RESCL\ED that as recammi-ided by the City Manager, the engineering services agreement v& C®CL Limited for design and construction nwagerrent of the Eastern WmteAder Treatment Facility project be increased from $3,197,460 to $3,437,360 as outlined in the submitted report. Deputy Mayor Chase stated that he oculd not support this motion due to the increased cost. voting nay. Question being taken, the motion ves camed wth Deputy Mayor Chase 14. nude des sujets ecartes des questions sounises a I'approbation du conseil 14.1 Gestion de la conception et de la construction de ('installation de traiterm t des eaux usees dans le quartierest Proposition du conseiller Titus Appcyee par le conseiller McGuire RESCLU que, oomre le recorrnrande le directeu- general, la oonvention des services dingenierie endue entre C®CL Limited et la Mlle, relativerrent a la gestion de la conception et de la construction du projet lie a ('installation de traitement des eaux usees daps le quartier est sat rracifiee en faisant passer le montart de 3197 460 $ a 3 437 360 oomre le socligne le rapport presence. Le mare suppleant Chase indique qu'il ne peut eppuyer oette proposition en raison de la hausse du oc%it. A ('issue du vote, la proposition est acoeptee. Le n-dre suppleant Chase vote ocntre la proposition. 15. General Correspondence 15.1 SPRNG letter- requesting a Ward Meeting Cn motion of Councillor Sullivan Seconded by Councillor McGuire RESCL\ED that the SPRNG letter requesting a ward meeting be received for inforrLion. Councillor Sullivan stated that he is in the process of scheduling a meeting v& representatives of the SPRNG gip. Question being taken, the rnotionves carried 33 94418 COMMON ©OLMUCONSBL COMA AL AFRL 14 & 20, 2009/ LES 14 ET 20 AVRIL 2009 15. Convspondance generale 15.1 Lettre de demande revue de SPRNG relativement a uie 6Aon de quarfier Proposition du connseiller Sullivan Appuyee par le conseiller McClare RESCLU que la lettre de dam-de regue de SPRNG relativaTal a uie Anion de quartier sat revue a titre inforrm if. Le conseiller Sullivan indique gUit organise actuellerrent uie recnion avec les represerltarks du groupe SPRNG A Pissue du vote, la proposition est adoptee. 16. Adjournment The Mayor dedared the rreeting adjourned at 8:15 p.m 16. Le 6e de la seance Le rare dedare que la seance est levee a 20 h 15. Maya/n-dre C Tn-on ClerWg-ef6ere oonmrnale 34 Eric L. Teed, O.C., C.D., Q.C. 127 Prince William, Street, Saint John, New Brunswick, E2L 2B4 Tel; (506) 634-7324 Fax: (506) 634-7423 May 5th, 2009 Common Council City of Saint John 15Market Square Saint John, NB E2L IES Delivered April 24th, 2009 Your Worship and Councillors, In clearing old files, I came across a memorandum prepared by J.P.H Teed in 1945 respecting the bus and transportation agreement of 1944 with the City of Saint , Lancaster and Simonds Transportation Board providing service to adjoining areas not just the city. It was felt a comparison of the prices and other matters might be of interest to see what is similar and what has changed. I also came across a review of the former street car railway operation in the City starting in 1866 and continuing until 1931 prepared by E.J Mooney V.P.N.B.H.S. in 1939. It could be of interest to relate this to what is going on with the transportation system starting in 1866 until 1931 and possibly compare the problems caused by situations which existed then and find possibly some have not yet been resolved. Yours truly, eed 35 o. lpyp~ tr r n ~ ,y rti~f~'~rN"pi.hl7 ri^'rmru4ry",",: .»n •ti~nm"J,j; , ,y. r ' F, 4V V,j 1 N ~y 4 f .1~q i ror~ q July 5. 193E SISTORY OF THE STREET RAILWAY IN SAINT JOHN FR2UjjU1ATVjCE UNTIL APRII.IUL Me. first street railway" company wan know, as the Peoples Street Railway Compsn,p, Originally incorporated in 1866, and was of courts operated with horse oars. ,It,'"I" d by David Faso of Indiantown►, who was a well known resident Ot the ROM Cdr ;-The t was a single tracks with turnouts, and ran from the oq,)1. ",`.icttll ! ,9 Rosdlo Point, More frequently it ran only as tar as the toot" ot,; Og-Anot. The Compw suspended operations attar a few yearo, and the."tr 'wer±s` omporaril,y removed, In 1587, the Saint John City Railway was iAoorporAted,'~and.took over the franchises of the original company, all of who recor4a were destroyed in the great fire of 1877. The principal agent of the Saiapt; Joha, City Railway was s Mr. John Y. Zebley of New York State, and thir'compaq b ,t a line for gorse care from Indiantown to the corner of C t}w&.."jt. James Streets, This was a single track with turnouts. A line was"sloe avp®trtgted of single track'with turnouts, from the corner of Paradise'BOw'rvla Fitter 8t., City Road and Brussels Street (now Prince Edward), to ding°squt►re,"'I"he mileage on the main Line (Indiantown to Carmarthen St. was , i per.~rowad;,txipt and on the Esymarket Line 3.60 per round trip, The rails ware flat rails about 4 inches wide with a 314" flange, and were not spiked to cross ties as at present, but were spiked to stringers which were parallsl:to the grails. Wo fish plates were used, but rails were butted closely together.` There was then no permanent paving of any kind, though later a system of; woodsa; blq payment, was used to a small extent, The u=Ur 'of horse oars operated was about 14, These had open fronts and seated about 20 passengers, and of course were not heated. The cash box was insider std passengers entered from the rear, the door being operated by a lever ftyr~ox the-driver's r platform. A glass enabled the driver to see what went on in 'i'h®r'ras"a:14 minute headway on the Bain Line, and a 14 minute headway on Aq Mquarkot 1quayo Line, but at peak hours, the Main Line service was increased ! go that g "uaute iioedway was operated. ! ~r '3'wq:s~'barns were situated on Rain Street, opposite Albert Street, one for homey, a,ad',ans four oars sta., The Company kept over 100 horses. ',the franks in winter time were Dept open as long as possible with a shear plow,~aud diggorg,.operated by a 6 horse hitch. In those days the City did not remove any'snow, so in consequence when the snow piled up too much the care had to be''~pq4144'14,and sleighs operated. Winter oars mounted on bob sleds were used as we11 as. open sleight, seating about 20 passengers each. Straw was placed in the botta of all these cars, while the open sleighs were furnished with fur robes. In Us spring, when the streets began to get bare, the tracks were picked out, and N :the. aregular;horse,care placed in service, Tow horses were used on all grades at peak hours. Drivers were paid at the rate of $1.25 per day for the first year, and $1,50 per day four the seoond year, and the latter was the high rate. In the spring of 1293 the Consolidated Electric Company took over the road, and started to run electric cars, These cars were old Chelsea Ferry and East Boston horse care together with the best of the Company's own horse cars, equipped with the crude electria equipmont of that day. All care still had open platforms and wooden poles with a wire running up the pole connecting the trolley base and harp. These first electric care were run on the old horse car rails with a spike bond, The typo of motors used were 15 horsepower, double reduction, multiple control. The rheostat was placed on the corners of the platform, These cars ran in conjunction with a few horse care, until all the cars were electrified. The first electric car left the barns on a trial trip on March 318t, 1893. Randreds of people soon gathered around to view the novelty, They might have had ' tho' the t as the 'heathen Mingo' • "No - no shoves pushoe, , pose like gall«ees, 36 } 1 T..WrwMrPt~a~rr ~ ,i~..i In M4011?1$94 the goad, after being for some time in the hands of a rssaiverr..was`purchased by a Montreal group of financiers, and was then is'oorporatad into the Saint John Railway Company, the Immediate predecessors :qt the,praesnt,Qompa r. In the $=or of 1894, all tracks were torn up and "rslaid with T", 72 lb. rails, The road was double tracked from Indiantown to`Ree4118 point. On the Haymarket Square Lime, Brussels St., was also ,4oOleZtr&d ' A single trash was also laid on Britain St., from the cc=or-ot,$tj. James and Prince William to the Read of King Street via went. wortb~,;: Megklex►b'g~ Pitt, Dude and Charlotte Streets, end King Street was doublo 4r d. Another track was laid from the corner of Princess and arlotto to St,,: via Prioess and Carmarthen Streets. Another track w dS trisa:cbaxlotte StrsetVto,the head of King St.r via the South Side Oi' Ugg S9 o' $pdnayr 14498trest East, Crowu, Union and Charlotte Streets. Tksis'tal~ar':.ins:was only operated for a short time. The rails were eventually `mss, W44 a Douglas Avenuo. On October 25$ 1594 the most of'theso lines were in operation with a 5 minuto,boadway to the toot of King Street from Indiantown, and a 10 minute headway',,aa +oll,othav lines, Indiantown, or that section of the City from Douglas Avenus,to the and of Main Street at the River, was at that time probably tho ,bu lest section of the City, as the river business was at its Uightp and ;,lumbar mills and lime kilns provided industries employing ~-,,hundreds of son. The King Street last line, referred to above as later boing'&*dousd, had only a 20 minute headway with one oar, This line however did.not`'rolly,operate until the spring of 1995, T04 Asw vestibule oars were purchased and put in operationa on the data mentioned at the beginning of the preceding paragraph. These care were equipped with #12A# 30,hores power motors Westinghouse, A small stove burning Kentucky caane4 o .wuc situated about halt way down, one side of the oars. Xa AM# ,,'two now cars were purchased® These tsars had J49 motors, of 35 ho. p9~sro 14 lNSr 4here was a track laid on Douglas Avenue from the corner of Main Street to.thr, C.P.R. 'crossing at the seat end of the Suspension Bridge, This was o,si.,a track with one siding at Riverview Park. This track was laid with the b.;yoiIs. originally placed on the last King, Crown and Union Streets li'1904,' track with 56 lb, rails was laid from the vast and of the Suspension „ 4dgvt !to.'Ssaside Parrk, also from Tiltonre Corner to Rodney Street. This was all singlexmak.''1n'this seam .,yearr'Douglas Avenue was double tracked. In 1905 the'; 11;sg~.$trogt bans "was '02tsnded from the corner of Princess Street and Carmarthen St dt„ iaAl ncoos,''Wentworth 0 King Street Fast, Pitt St., and Britain St., to' c4zu►sat'`wi~th ths:'"isting line at the corner of Wentworth and Britain Streets. %I wag, laid with 90 lb. rails. 1&: 1906, the felt;Saint John line was double tracked from the Suspension ~:i; Rridgs to,:Rodney'Streetr and a single track laid from, the toot of Fairville to i; gburch St.,'Aaaother track was laid on the queen Square (W.E.) loop, and down I RodrAy Awf Ao the Carleton lorry, The Loop Line was laid with 55 lb, rails aud'ths'rest,with 56 lb. rails. At this timer Wont Saint John cars ran from the lorry",to,the West Bud of the Bridge, with a 10 minute headway, and the Wrv lle car-olso ran to the bridge with a 12 minute headway, (one car). All pass re for the City,.via Douglas Avenue, had to walk across the Suspension ,Arldger and transfer to cars on either side. In,190Ts the North silo of King Square was laid, and also down Sydney to Union Street, then.,to Prince Edward St., with 94 lb. rails, this connected up the Haymarket line with the Main line at the head of King St. Paradise Bow was double tracked, and City Road from Stanley to Sall St., with 76 1b, rails. This iuauguratsd the 10 minute headway on the Haymarket line, with care in both diredtioxxs. In 1913, a track was laid from Haymarket Square to Kanes Corner. A line was started out Rothesay Avenue towards Glen Palls# and a loop was laid dpwn hosell $0., owmeoting the Raves Corner line with the Glen Falls line at tho Cne }file Rousso Car, started to* operate this line W Koss Corner on K'ovemsber'li, 1913, and,ca Dsoembsr,120 1913# they, wit tbAs loop above MOatioud® " 37 it ~I 0 3 w i In 1915, the last saint John line was extended down the Red Head Road to the Municipal Home and the Russell St. line abandoned by the East Saint John car, the rails being removed later. Car started to run on glen Falls line as far as the Three Mile Rouse on may 24, 19151 and on July lot, 1915, ran to tho Moor House at Glen Falls. r. The rails used on both glen falls and But Saint John lines were 80 lb, 62 feet long, On the Glen Falls line track these rails only extended as far as the Three Mile House, and from there out were the 76 lb. type. The Glen falls oar ran on the C. H. Railway spar for about 300 feet, and still uses it, Then the 41eA Fells line,was first opened as far as the Manor House, we e rienced, beavy travel on holidays and Sundays. Very often S cars had to be M from the Head of King St. to the Manor House to carry the passengers, This line of course parses the City's principal cemstry, (Fern Hill), and on amer Budays, we still get quits a travel on this route, The Manor House referred to was run as a tea house for a time, but was afterwards burned, and, was.not replaced, This route also passes the new racing park. A new bridge was built across the Reversing Falls, replacing the old Suspension Bridge, and the tracks were laid on this new bridge connecting up the root Saint John and lairvills lines with Douglas Avenue tracks. We started to ran dare over the new bridge on January let, 1916, The lost Saint John oars ran from the Ferry to the foot of King Street, city,' Uirvills oars from Pairvills to Main Street. Dater on, the west saint John cars were run only from the head of Rodney Wharf Vest to the Head of King Btrset, Cityi their present East Side terminus. In 1929, the Fairville and East t.Joba routes were consolidated into a through service. R. J. Mooney® . Y V1ll V ~ 38 MEMO OF TALK BY J, F,H. TEED TO SAINT JOHN ROTARY CLUB, MARCH 14,1945 ON BUS AND TRANSPORTATION AGREEMENT MADE BETWEEN THE CITY OF SAINT JOHN, THE LANCASTER HIGHWAY BOARD AND THE SIMONDS HIGHWAY BOARD, of the one part, and THE NEW BRUNSWICK POWER COMPANY of the other part, This agreement was made September 22, 1944, and was the outcome of work and negotiations, extending over six months. The agreement was prepared under the directions of a Commission consisting of Mr. deGaspe Beaubien of the City of Montreal, an outstanding Transportation Engineer, and myself. It was so prepared after careful consideration of various forms of transportation franchises and agreements in other jurisdictions, and of the actual transportation situation in the City of Saint John at the time, In this City, The New Brunswick Power Company was operating an electric tram system under a franchise granted by the Legislature many years ago, and which was perpetual in some of its features, although the exclusive feature expired in 1934. The New Brunswick Power Company had also introduced and had in operation as part of its transportation system, a substantial number of Buses, - there being approximately the same number of buses in operation as there were Street Cars. Owing to war conditions the production of buses for civilian use was restricted and the allocation of any such buses actually produced was under the control of a Transit Controller appointed by the Dominion Government. There was a strong body of public opinion in the City of Saint John and the City Council was of the opinion that buses of some kind should be substituted for the electric street cars, the trolley wires removed and the rails taken up or covered over as soon as reasonably possible. Under existing legislation the New Brunswick Power Company was under obligation to remove the tracks laid in any portion of the streets in which its tram system had been abandoned and to repave those portions of the streets. It also enjoyed certain privileges with respect to taxation. After this Commission was appointed by the City Council, it first considered the matter of preparing a franchise agreement relating to buses only; inquiries were made by several parties to your Commission as to the general terms of a bus franchise which it would recommend if a bus franchise only were being considered, Such information was given all parties who made such inquiry. It was, however, the opinion of your Commission that if a bus franchise were granted to a third party, the result would in the long ran be unsatisfactory and not in the 39 public interests; almost inevitably there would be two sets of transportation units, namely, the electric trams and buses operating on the same streets and competing for the passenger traffic, Human nature being what it is, there would undoubtedly develop a spirit of antagonism between the various employees, with the result that the operators of one system would endeavour to obstruct and hinder the operation of the other system, The service would suffer because the passenger traffic offering would be insufficient to enable two systems to carry on their business on a paying basis unless the rates were made unreasonably high. The public passenger traffic in the City of Satin John is not sufficiently large to maintain two systems; it is clear that if a transportation system does not take in enough money in fares (its sole source of income) to pay its operating expenses, it will be unable to properly maintain its service and the public in the long ran will suffer. The agreement finally recommended by the Commission and entered into by the City, was one designed, so far as possible, to procure the benefits of private operation and also those of public ownership. Some of its important features may be mentioned. - The franchise to be granted (if necessary legislative authority is obtained) will be an exclusive public passenger transportation franchise within the City of Saint John and those portions of the Parishes of Lancaster and Simonds, under the control of the respective Highway Boards. There are exceptions, namely, (1) Taxi Cabs and other vehicles of that kind can operate anywhere within the area; (2) Buses, etc., of other systems can transport passengers from outside the area to any point within it, or from any point within it to any point outside it; (3) In the event that the company shall neglect or fail to regularly operate its system on all its regular routes for more than 24 hours, other public passenger transportation facilities may operate freely within the area, The franchise is to be granted for a five year term only, but it is to be automatically renewed for successive five year terms thereafter, unless the City or the company gives notice at least one year in advance of the end of a five year term of its intention to terminate. The operation of the transportation system is to be under the control of a Transportation Commission, four members of which are appointed by the City, one by each of the Boards, and one (with an alternate) by the company. There are provisions by which the City can forfeit or cancel the franchise if the company fails to carry out the terms of the agreement, or the directions of the Transportation Commission. The City shall have the right to nominate one member of the 40 Executive of the Board of Directors of the Company, and such Executive shall have fall control of the operation of the transportation system. The Company can, out of the net profits from its transportation system, retain for itself not less than 6%, and not more than 8% of the "Book Value" of its assets employed in such system. Out of that percentage, the company must pay the cost of financing such system, bond interest, bank interest, etc. There are several provisions as to what will happen in the event of the franchise being terminated - they may be summarized, 1. If the franchise is terminated by the City at the end of the first five years it shall take over all the assets of the system, except the head office building of the company and its money, at a value called "Boole Value" to be ascertained under the agreement, plus a bonus of 10%, 2. If so taken over by the City at the expiration of any other five year period, it is to be taken over at the then book value, but no bonus shall be paid. 3. If the franchise is terminated by the company at any time, the City may, but is not obliged to, take over the said system at the book value, without a bonus. 4. If the franchise is terminated by the City by way of forfeiture, because the company has failed to carry out the provisions of the agreement, or to comply with the directions of the Transportation Commission, the City may, but it is not obliged to, take over the assets of the transportation system at the book value, without a bonus. The Saint John members of the Transportation Commission are appointed to serve four year terms, and may serve not more than two consecutive terms. All members are paid $5.00 for each meeting attended, In addition, the Chairman (one of the members appointed by the City) is paid $1,000 per annum, and each of the other members $250.00 per annum. The amount of these payments are subject to change by the Common Council. Subject to the directions of the Transit Controller, and of the Commission, the company is to provide an adequate passenger traffic transportation system. The agreement provides that ultimately all electric trams will be eliminated and the system be wholly a bus system. The system generally is to operate from 6 aan. to 12 midnight, but there is to be an hourly service between West Saint John and Haymarket Square. The fares are to remain as at present, namely, cash fare $0.10 - 3 tickets for $0.25,14 tickets for $1.00.6 day Pass - $1.00. A great deal of power is given to the Transportation Commission. They have full power to specify the types of buses to be used, their equipment, the routes they are to follow, the schedule they are to run, their headways and stops. 41 They must also approve of all purchases by the company on operation account of $5,000. or more and on capital account, of $1,000, or more, for expenditures of lesser amounts the company may proceed on its own authority, but must report all transactions at the next meeting of the Commission. If, in the opinion of the Commission, the company is paying a greater price for some of its commodities, such as gas, tires, oil, etc., it may require the company to purchase at a lesser price and may disallow any excessive expenditures in computing the allowable profits to the company, The company cannot sell any of its cars or buses without the approval of the Commission, The company is permitted to earn a return upon what, for convenience, is called the "Book Value" of its system. Such value of some to the assets in this system have been fixed in the transportation agreement; this fixation is the result of negotiations, and give and take on both sides. The value of any items not fixed by the agreement are to be fixed by the commission, The items fixed are $35,000, value of the head office premises; $105,000 value of all other buildings used for the system, and $80,000 the value of the electric trams and all other electric rolling stock. Working capital, which includes, spare tires, etc., on hand, is fixed, for the first year at $50,000 after that, the commission fixes the amount. The Commission must also approve of the Budget and all expenses of the year's operations. There are three particular matters which might be mentioned, - First, the cost of the current for driving the electric trans is 1.5 ¢ per k.w.h. This, however, is increased and decreased as ordered by the Board of Public Utilities. The next item is depreciation - the Commission fixes the depreciation allowed on all items except on the electric rolling stock. The agreement provides that the electric rolling stock will be removed from service and replaced by Buses under the directions of the Transportation Commission as soon as sufficient satisfactory buses to provide the service can be made available. The agreement provides that the agreed value of the electric rolling stock shall be depreciated at the rate of $8,000 per year until the sum of $80,000 (its agreed present value) has been written off. Any salvage from the electric rolling stock is to be credited against the $80,000. Third, an interim allowance of 6% to the company on the book value of the assets employed in the transportation system. This return to the company is subject to special provisions which will be referred to later. The directions of the Commission with respect to routes, schedules, stops, and 42 headways, are final and conclusive and binding upon the company. Its directions with respect to any other matters may be appealed to the Motor Carrier Board. The company is required to pay the following, (a) Taxes at the general rate on all real estate in the City and in the Parishes adjoining in connection with the transportation system; (b) In the year 1945, $15,000 as the estimate cost of snow removal from the Streets and roads on which its transportation system operates. In the year 1946, and subsequent years, to pay the actual cost of such snow removal. But the company has the option in any year after 1945, by giving notice, to itself undertake to remove all snow from specified streets on which it operates. In that event, shall remove such snow and if it fails to do so properly, the City may do so and charge the cost to the company. (c) It shall pay to the Commission, 4% of its gross earnings as a franchise fee and in lieu of all civic and municipal taxes, except real estate taxes and municipal income tax (if any). Out of this 4%, the Commission pays the remuneration of its members, its operating expenses, and divides the balance between the City of Satin John, the Highway Boards of the Parishes of Lancaster and Simonds in proportion to the total number of buses and car miles traveled, each year in each area. The agreement contemplates that the company shall be entitled to earn and retain for its own purposes, 6% of the book value of its assets. It is distinctly provided that when an amount is allowed to the company by way of depreciation, of assets, the "book value" shall be reduced by such amount. To illustrate, at the commencement, the "book value" on all buildings of the system, are agreed as of the value of $105,000. The first year the company is to be allowed 6% on that amount. The next year if these buildings are depreciated. by $5,000, the company would be allowed 6% on $100,000 only. With a view to procuring good and efficient management, the company is also permitted (if the Dominion Excess Profits Tax Laws permit it to do so) to retain out of its profits, if there are sufficient, up to 8% of such book value. If the laws do not permit it to retain up to 8%, the company can retain only 6%. In fact it cannot get even 6% if the Excess Profits Tax Laws interfere with it doing so. There is machinery provided for taking care of insufficient or excess earnings. If the earnings are in excess of 8% the Commission may direct a reduction in fares to be effective the next year, and any amount in excess of 8% shall be setup in a special reserve fund against which any deficiencies in earnings below 6% in subsequent years shall be first charged. If the earnings are below 6%, the Commission may direct an increase in 43 fares. But there is a further provision that if in the opinion of the Commission, an increase or decrease in fares from time to time is not in the public interests, they may increase or decrease the franchise fee, which, to start with, is agreed at 4% of the gross earnings. Fair wages shall be paid to employees engaged in the system if properly qualified. Preference is to be given to present employees and to residents of the City and Municipality. 44 VNl l Rqu funswi& C, A N A D A March 31, 2009 Mayor Ivan Court City of Saint. Jahn PO Box 1971 Saint John, NB E21_ 41-1 Your Warship. ` vl~ (e x I am pleased to provide a grant in the amount of $75,000 from the Department of Wellness, Culture and Sport to the City of Saint John, for the City's participation in the Local Historic Places Program. Administered by the Heritage Branch, the Local Historic Places Program is funded by Parks Canada through the Historic Places Initiative. These funds will result in the listing on Saint John's municipal register of historic places of approximately an additional 70 fully documented and approved local historic places, for a total of 427 historic places. As well the City of Saint John will continue with the HPI Awareness Program initiated in Phase 4. In Phase 5 the HPI Awareness Program will focus on a website as well as digital and hard copy preservation guidelines. I would like to congratulate the City of Saint John for its interest in the Historic Places Initiative. For further information, please contact Mr. Scott Finley (457-6764) of the Heritage Branch. Sincerely, Hedard' Albert Minister C. Hon. Ed Doherty Mr. Bob McVicar, Heritage Development Board - City of Saint John Mr. Craig Campbell, Planning & Development City of Saint John Minister/Mnistre Wellness Culture and Sport/Mieux-titre, Culture et Sport P.O. Box/C.P. 6004 Fredericton New Brunswick/Nouveau-Brunswick E3B 5111 Canada Tel./T61.(506)444-2517 Fax/Telec, (506) 453-6668 www.gnb,ca f - I 49 PROVINCE OF NEW BRUNSWICK PAYABLE CONTROLNUMBER SUPPLIER NUMBER PROVINCE DU NOUVEAU-BRUNSWICK REMITTANCE STATEMENT 2009 04 21 01879 60619957 I ETAT DE'S REMISES NON-NEGOTIABLE Y!A M/M DJ1 NUM~RO DE CONTR61LE NUMI2RO DU FOURNISSEUR NON NEGOCIABLE DEPT, INVOICE NUMBER AMOUNT DESCRIPTION MIN,. NUi4[4t0 DE FACTURE MONTANT For inquiries, please call 1-506.453-2575 Pour toutes demandes de renseignements veuillez composer le 1-506.453-2575 17287963 70-1150 (10/06) NeW Nquveau 17287963 i5runs ROYAL BANK OF CANADA 20 DATE 2009 04 21 BANQUE ROYALE DU CANADA Y/A M/M D/J 504 RUE QUEEN STREET, FREDERICTON, N.B. E3B 5GI PAYTOTHEORDER OF EXACTLY ****75,000 DOLLARSOOCENTS $ *****75000.00 1 PAYEZA UORDRE DE EXACTEMENT CITY OF SAINT JOHN C/O CASHIERS OFFICE P O BOX 1971 SAINT JOHN NB E21, 4L1 CANADIAN FUNDS / FO DS CANADIENS ~PoEI'NISTER OF F N CEI M NISTRE DES FINANCES PA t r(J COMPTROLLER ICONTR`OLEUR' L? I, II®b7 28 7 9 6 3 2 198 "'OQ313II'110031:4612 SL, 5&00F=? 0n1' His Worship, Mayor Ivan Court Members of Common Council City of Saint John P.C. Box 1971 Saint John, NB E21, 4LI To Mayor & Common Council We request the opportunity to address Council at the earliest possible date, to provide a brief update on plans for the celebration of Saint John's 2250 anniversary in 2010. Also, the committee would like to formalize the status of our working group, and to have a determination from Council regarding the level of municipal funding for the four core projects that will proceed, regardless of potential federal funding. Yours respectfully, Peter Buckland Chair of Saint John 225 693-9721 W 721-9053 C 47 130 Debly Ave Saint John N.B. E2P 1JI April 24, 2009 For Open Session Re: Expropriated Lands from the Estate of A.J. Debly Mayor and Council On August 25, 2008 and Feb 5, 2009 letters were delivered to the Common Clerk's office regarding an expropriated portion of my property in Red Head. In late February I received a note from the assistant common clerk stating council has resolved this matter "be referred to the City Solicitor." Now two months have passed and it seems nothing is resolved. Will you kindly infonn me of the City's intentions in settling this matter? It has been dragging on since the expropriation in May 2006. As I have previously mentioned, I am a senior citizen well into my 80s and do not understand why the City has refused to deal with this matter. I do not appreciate repeatedly writing asking for this issue to be resolved and therefore once again must ask how the City wishes to resolve these outstanding matters. Finally, I would like to point out at least one gross error in Council's resolution of Feb 16, 2009. It reads: RESOLVED that the letter from A. J. Debly..... Perhaps Mayor and Council could pay more attention to details since my dear husband, A. J. Debly, has been deceased for decades. I am the widow of A.J. Debly, as the title Mrs. would indicate. Sincerely, Mrs. A. J. Debly 48 Mayor Ivan Court City Hall PO Sax 1971 15 Market Square Saint John, NS E2L 4L1 RE: Habitat for Humanity Saint John Region Inc. Request for Assistance Dear Mayor Court and Council, 29 April 2009 Habitat for Humanity Saint John Region (HFHSJR) Inc. is currently planning a duplex house build at 198 - 200 Market Place in west Saint John for construction in 2009. These houses represent the 12`x' and 13`h house we have built in Saint John. As you may be aware, our Charity builds simple, decent affordable homes and then sell them with an interest free mortgage to our, partner families. In the past, we have relied on partnerships within our community to assist in keeping the costs to construct reasonable. We ask that the City of Saint John partner with HFHSJR Inc., as the City has done in the past, by. waiving all fees for building, plumbing and electrical permits; providing a connection to municipal services (water and sewerage) at no charge to HFHSJR Inc. With your help, we can provide simple decent housing for those in need in our community. Should you wish to discuss this matter further, please feel free to contact me at 674.9403 or by email at tim.ryan@fundyeng.com. Sincerely, Tim A. Ryan, President Habitat for Humanity Saint John Region Inc. Ilabitat for Humanity is an International nonprofit housing ministrv that works both to eliminate poverty housing around the world and to make adequate housing a matter of conscience and action. Habitat for Humanity, Saint John affiliation is one of over 2000 affiliate's world wide. Since its founding in 1998, Habitat for Humanity, Saint John Region Inc., has built eleven homes in Saint John, including handicap accessible houses in 2000 and 2006 The homes have provided decent, affordable housing at no interest to eleven local families who had met the Habitat criteria; 7ve provide a hand-rip not a hand-out. Habitat for Humanity, Saint John Region Inc. 3388 Rothesay Avenue Saint John, NB B2J 2C4 (506) 635-7867 or info7a habitatsaintjohn.ca www.habitatsaintjohn.com 49 REPORT TO COMMON COUNCIL M & C - 2009-132 8 May 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rebuild 1996 MT Trackless Machine, Vehicle #783 BACKGROUND: } City of sent John In our continuing effort to maximize available fiends for the replacement of City of Saint John Fleet Vehicles, staff of the Materials and Fleet Management have explored the possibility of rebuilding rather that replacing the MT Trackless sidewalk plowing units. This approach to extending the life expectancy of a vehicle has worked exceptionally well with the fleet of Olympia Ice Resurfacing Machines. As a pilot project staff undertook discussions and ultimately sought bids from the supplier of these machines in order to establish the level of rebuild available, the cost and the extended life expectancy. This concept was included in the preparation and presentation of the 2009 Fleet Replacement Budget. ANALYSIS: Vehicle 4783, a 1996 MT Trackless Sidewalk Machine was originally identified for replacement as a part of the 2009 fleet plan; however staff of the Materials and Fleet Management Division was successful in negotiating a proposal to rebuild and extend the life of this trackless machine at a cost significantly less than the purchase price for a new unit. 50 Page Two FINANCIAL IMPLICATIONS: Historically a new MT Trackless Sidewalk machine with the very basic equipment, ie a front plow only, would cost the City in the vicinity of $125,000.00 to purchase. The total cost to rebuild the 1996 MT trackless machine, vehicle 4783 is $39,500.00 plus HST. Machines of this type have a life expectancy, when new of approximately 8 to 10 years. As you can see vehicle 783 has already exceeded its projected economically feasible life. Staff and the vendor believe that the level of rebuild to be undertaken with this pilot project will add upwards of 5 additional years to this unit's life expectancy. If successful, this approach to extending the life expectancy of this type of equipment will become the standard, as it was for the ice machines. Funds are available in the Fleet Reserve Fund to cover this expenditure. RECOMMENDATION: It is recommended that the City of Saint John accept the proposal submitted by Saunders Equipment Ltd. to rebuild a 1996 MT Trackless machine, vehicle 4783 at a cost of $39,500.00 plus HST. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 51 REPORT TO COMMON COUNCIL 7 } M & C - 2009-131 City of sahnt John May 8, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Traffic Signal Materials BACKGROUND: The City of Saint John calls a tender for the supply of traffic signal materials and implements a supply agreement to guarantee pricing for a two year period. The purpose of this tender is to provide the City with new equipment to be used to replace and upgrade older units presently in service and as new installations are required. ANALYSIS: Four companies responded to the City's tender call by submitting bids. Staff of Materials & Fleet Management and Municipal Operations have reviewed the tenders and are recommending the lowest price bid with the exception of items 9, 10, 12, and 23 as the lowest bid by Harris and Roome does not meet the tender requirements of providing pricing for a two year period. A copy of the bid summary is enclosed for Council's consideration. 52 Page Two FINANCIAL IMPLICATIONS: The total estimated cost of this supply agreement, for a two year period, and using estimated quantities based past maintenance experience and established projects for ?009 and if awarded as recommended, will be approximately $1731,704.00 plus HST for each year of the supply agreement. It is understood that this is not a firm, fixed cost, as quantities are based on previous maintenance experience and established projects for 2009 only. This is a planned expenditure and as such, fiords to cover the cost are included in both the operating and capital budgets of the Municipal Operations Dept. RECOMMENDATION: It is recommended that the tender for the supply of Traffic Signal Material for a two year term be awarded to the lowest bidder in each case as indicated on the enclosed summary of bids. Respectfully submitted, (JJ' k4 ' David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager 53 2009-631001T -Traffic Materials Yrly Est Tacel Harris & Roome Fortran Mallard Quantity Item Description Year 1 Year 2 Delivery Year 1 Year 2 Delivery Year 1 Year 2 Delivery Year 1 Year 2 Delivery 4 Phase Electronic Traffic 1 1 Controllers $ 8,760.00 $ 9,450.00 Incld 1 4 Phase Electronic Traffic 2 Controllers w/ APS $ 17,520.00 $ 18,210.00 Incld 3 1 8 Phase Traffic Controller $ 10,190.00 $ 10,995.00 Incld 8 Phase Traffic Controller 4 1 w/APS $ 18,950.00 $ 19,755.00 Incld 5 1 Mid Block Controller 6 18 Polara APS 4 $ 595.00 $ 595.00 Incld 7 18 Polara APS Control Units $ 445.00 $ 445.00 Incld 8 16 Polara APS 2 $ 595.00 $ 595.00 Incld 9 14 Spring Cushion Hangers $ 115.00 Incld $ 124.00 $ 124.00 Incld 19'TaperedAluminum 10 8 Traffic Pole $ 918.75 Incld $ 967.00 $ 967.00 See Note 11 8 22'Single Member Arm $ 516.35 Incld $ 510.00 $ 510.00 See Note 12 3 15' Single Member Arm $ 391.47 Incld $ 426.00 $ 426.00 See Note 13 10 3 Section Signal Heads $ 544.00 $ 569.00 Incld $ 346.00 $ 355.00 Incld 14 6 4 Section Signal Heads $ 732.00 $ 766.00 Incld 15 15 300 mm LED's- Red Incld $ 59.00 $ 61.00 Incld 300 mm LED's-Amber Incld $ 94.00 $ 97.00 Incld $ 471.60 $ 493.50 300 mm LED's- Green Incld $ 88.00 $ 91.00 Incld Amber/Green Incld $ 107.00 $ 110.00 Incld 200 mm LED's- Amber 348.00 S 364.00 Incld $ 69.00 $ 71.00 Incld 14 2009-631001T -Traffic Materials Yrly Est Tacel Item Quantity Description Year 1 Year 2 16 10 200 mm LED's - Green ' V V Vv VV 300mm x 300 mm Ped. 17 1 Lights $ 139.00 $ 146.00 18 8 2 way sky brackets $ 285.00 $ 298.00 19 1 4 way span wire hangers $ 244.50 $ 256.00 20 48 ped. Timers 407 x 480 $ 501.00 $ 593.00 19-1 Traffic Control Cable 1 21 300m roll 22 18 Elbow Mounting Kit $ 13.10 $ 15.60 23 2 8' Aluminum Traffic pole 24 36 pole plates $ 10.85 $ 12.95 prefaricated detector 9 25 loops decorative traffic Light 8 26 Poles 3m Decoratgive traffic 4 27 light arms 5.5m decorative traffic 4 28 light arms 29 8 Finials Harris & Roome Fortran Mallard Delivery Year 1 Year 2 De livery Year 1 Year 2 Delivery Year 1 Year 2 Delivery Incld $ 79.00 $ 81.00 Incld Incld Incld $ 148.00 $ 152.00 Incld Incld $ 287.00 $ 295.00 Incld Incld $ 1,011.00 $ 1,332.00 Incld Incld $ 1,753.00 Incld $ 17.00 $ 18.00 Incld $ 314.28 Incld $ 380.00 $ 380.00 See Note Incld $ 14.00 Incld $ 14.00 $ 15.00 Incld $ 2,426.25 $ 2,553.75 Incld $ 533.94 $ 563.71 Incld $ 839.81 $ 893.50 Incld $ 263.35 $ 274.88 Incld $2000 - 25% of order $2001 to $5000 - 17.5% of order %5001-12.5% of order -A- REPORT TO COMMON COUNCIL M & C - 2009-129 8 May 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Replacement of Slab and Brine System BACKGROUND: } City of sent John During preparation of the 2009 Capital Budget consideration and approval were given to cover the cost to remove the existing concrete floor slabs and brine malting equipment at the Lord Beaverbrook Rink and the Charles Gorman Arena. It was explained at the time that both of these facilities had experience lengthy shut downs necessary to undertake necessary temporary repairs needed to keep them operational for the balance of the winter. Additionally, given the age and condition of the brine making equipment, it was the conclusion of the Facilities Management Department that in order to guarantee the safe and efficient operation of both of these recreation facilities that ice making plants needed to be replaced. Since the piping runs under the floor it is therefore necessary to remove the slab and install a new concrete floor. ANALYSIS: Tenders closed on Wednesday May 6, 2009 with 5 companies opting to submit bids as follows, Avondale Constriction Saint John, NB $637,320.00 ICR General Contractors Saint John, NB $685,000.00 Castle Rock Constriction Saint John, NB $598,900.00 King Constriction Fredericton, NB $655,400.00 Bry Sand Ice Arena Ltd Edmonton, Alta $666,281.00 *Engineers Estimate $750,000.00 56 Page Two ANALYSIS ...Cont'd; All of the tenders received were reviewed at opening by the Tender Opening Committee and were found to be complete in every regard. FINANCIAL IMPLICATIONS: The total cost to remove the concrete slabs and brine systems at the Lord Beaverbrook Arena and the Charles Gorman Arena, if awarded to the lowest bidder as recommended, will be $598,900.00, tax included. This is a planned expenditure and as such finds to cover the cost are included in the 2009 Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by Castle Rock Constriction Services Inc., in the amount of $598,900.00, tax included, for the supply of all labour, materials and equipment necessary to remove and replace with new, the concrete floor slabs and brine system at the Lord Beaverbrook Arena and the Charles Gorman Arena be accepted and that if required, the Mayor and Common Clerk be authorized to sign the contract documents. Respectfully submitted, r0---)Z g, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 57 REPORT TO COMMON COUNCIL M & C - 2009-130 8 May 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Purchase of Rental Loader BACKGROUND: } City of sent John In 2008 a major piece of snow clearing equipment suffered a significant mechanical failure and given its age and general condition serious consideration had to be given to replacing this unit rather than spending significant dollars on a piece of equipment with a short life expectancy. After careful assessment of the facts and with the approval of the user department, it was determined that undertaking the repairs would be a bad investment. This decision caused additional concerns for Fleet management in that the budget for fleet replacement for 2008 had been totally expended or committed and no fiords were available for the tender and purchase of a new loader, estimated cost $236,600.00. While no fiords remained in the Fleet Reserve Fund, there was finding available in the Municipal Operations budget to cover the vehicle usage charges for their fleet items. With the removal of the old loader there remained the fiords that would normally have been used to cover it's usage charges. A proposal was called to which only one vendor responded, for the rental, with an option to return or purchase, of a loader of sufficient size and capabilities to replace the old unit. In addition to the rental/purchase option, the bidder was to provide a quote for the cost to supply and install all ancillary equipment necessary to make the new unit capable of providing year round services, such as street sweeping. 58 Page Two ANALYSIS: Staff of the Materials and Fleet Management Division were successfril in negotiating a final proposal that provided a more than fair purchase price, monthly rental charge and if deemed appropriate, a buy-out option complete with a quote for the additional equipment. FINANCIAL IMPLICATIONS: The initial purchase price for a new front end loader of the size and capabilities of this loader, a Cat 930H, was quoted at $236,600.00 plus tax. After review of the original bid, the revised bid price was quoted at $197,000.00 plus tax. The buy-out option after 5 months was quoted at $167,455.86 after the credit of 85% of the monthly rental charge was applied to the purchase price. In addition, Atlantic Tractors and Equipment Ltd., has offered a bid of $37,490.00 plus tax for the supply and installation of a Quik Connect System c/w a wing plow assembly, along with the necessary hydraulics and plow control system. The total cost therefore to exercise the City's option to purchase this rental loader c/w with the ancillary components as described, will be $ 204,945.86, plus tax. It is important to note that without this revised bid, the cost to adapt the unit originally quoted at $236,600.00 would have been the same and had it been added to this cost the total original cost would have been $247,090.00. This offer represents a savings of $42,144.14. This is a planned expenditure that was included in the revised Fleet Replacement Program submitted and approved in 2008 and as such funds are available in the Reserve Fund. 59 Page Three RECOMMENDATION: It is recommended that the City of Saint John exercise its option to purchase the Cat 930H loader presently on rental to the City and further that it accept the bid submitted by the vendor, Atlantic Tractors and Equipment Ltd, to add the necessary Quik Connect c/w wing plow assembly, hydraulics and controls as required for a total purchase price, before taxes, of $204,945.68. Respectfully submitted, ~--ti k2 C David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 60 REPORT TO COMMON COUNCIL 4~ May 11, 2009 City of Saint John His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: Establishment Change BACKGROUND During the 2009 Budget deliberations Common Council approved additional funds to move forward in two priority areas Planning and Communications. In each case it was identified that additional staff were needed to carry out the desired work. The purpose of this report is to recommend the required changes to the Establishment of Permanent Positions. ANALYSIS Council has identified that moving forward with the review and updating of the City's Municipal Planning Strategy is a major priority. It has also been recognized that the demands associated with day to day planning functions have increased significantly due to the increased development activity in the City. To address these factors, during the budget process the Commissioner of Planning & Development requested two additional staff positions: a Planner and a Planning Technician. The Planner would be a management/professional position while the Planning Technician would be a unionized position under the collective agreement with CUPE Local 486. The City has been successful in recruiting an individual for the Planner position and recruitment for the Planning Technician position will commence shortly. In the Communications area the need for a position that would focus on website content and general administrative duties was identified during the budget process. It is anticipated that this position once approved will be filled by an internal candidate. 61 FINANCIAL IMPLICATIONS The money for these positions was included in 2009 Operation Budget. RECOMMENDATION That Common Council approve the following additions to the Establishment of Permanent positions for the City: 1. Planner - Management/Professional Position 2. Planning Technician - Local 486 Position 3. Administrative Assistant - Local 486 Position Respectfully submitted, An e P. Beckett C.A. Deputy City Manager Programs & Priorities Terry L. Totten F.C.A. City Manager 62 F0 REPORT TO COMMON COUNCIIJ SUBJECT: ACOA FUNDING WATER STREET PUBLIC SPACE BACKGROUND: As Council is aware, the City of Saint John along with the Saint John Development Corporation has made significant investments on Water Street, and in the area of the Three Sisters Park and St. Andrews Parks. All of this work could not have occurred without the cooperation of the Saint John Port Authority and our other partners, namely; the Atlantic Canada Opportunities Agency and the Regional Development Corporation. One such area of cooperation was in 2007, when the Saint John Development Corporation and the Saint John Port Authority were both seeking funds from ACOA and for the same sort of project in generally the same area. The parties came together and decided that rather than compete for funding from the other levels of Government, the Saint John Development Corporation would make an application for $2 Million in assistance for the "design, construction and landscaping of the pedestrian spaces only." The application stated that the funds were for a" project based primarily on the Westside of Water Street, from Saint Andrews Park at the north end, to Three Sisters Park at the South End. Outside the Cruise Terminal, the Welcome Center will feature continuous and generous pedestrian walkway, traffic calming solutions and park space creating a high quality public realm." While the Development Corporation was to make the application, the arrangement was supported by a signed Memorandum of Agreement between the parties in which they agreed that the funding would be split equally recognizing both parties would be significantly improving public space and other amenities in the precinct As of December 31, 2009 and as planned, the project had proceeded and the City of Saint John, in addition to being the most significant benefactor of this arrangement, had undertaken most of the necessary work and made the necessary claims. However as of that date, the City of Saint John had not provided any funds to the Saint John Development Corporation so that it might meet its commitment to the Saint John Port Authority. The primary reason for the delay in seeking authorization was that it was not until 2009 that the Port Authority began to finalize the public space in and around the new terminal building. The Port Authority is now seeping the Development Corporation's cooperation as per the Memorandum of Understanding 63 1 . 2 P i1 L c SubjecI[ A COA htrrtsl lR g Water strtet To ensure that the appropriate authorizations are in place, it would now be appropriate for Council to adopt the following resolution. RECOMMENDATION: Resolved that Common Council authorize the Commissioner of Finance to disburse to the Saint John Development Corporation 50% of the costs incurred up to a maximum of $1 Million, incurred on public space improvements in the Water Street precinct, including road and utility work, park and green space improvements and the extension of Harbour Passage. And Further, that Common Council acknowledge that the Saint John Development Corporation shall disburse, at their discretion, to the Saint John Port Authority an amount not to exceed $1 Million consistent with the Memorandum of Agreement between the Saint John Development Corporation and the Saint John Port Authority with respect to public space and pedestrian walkway improvements in and around the new Cruise Terminal as well as Pugsley Park. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER. 64 REPORT TO COMMON COUNCIL May 6, 2009 Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: The City of Saint John SUBJECT: AGREEMENT BETWEEN LHMD ADVENTURES (ROCKWOOD STABLES) AND THE CITY OF SAINT JOHN - RoCKWOOD PARK ADVISORY BOARD RECOMMENDATIONS At the April 14, 2009, Council Committee of the Whole Meeting, City staff and the Committee held discussions with respect to the future relationship between the City and LHMD Adventures. Common Council referred this report to the Rockwood Park Advisory Board for input and recommendation regarding this matter. The Rockwood Park Advisory Board met with staff on Monday, April 20, 2009 to discuss this matter. The outcome of this discussion with the Rockwood Park Advisory Board was that there would appear to be general support for maintaining the presence of horses and the related stables in Rockwood Park. However, a number of issues were raised such as the possibility of; a) Specifically identifying certain areas or trails where horses would be permitted. b) Placing on the operator certain responsibilities for cleaning up the trails utilized by the horses. c) Agreeing on certain contract language related to specific payments to be made by the City should the trails not be accessible. The only method by which the City can address these issues and take steps to address these concerns is to give formal notice to the operator, prior to June 1, 2009, that it intends to terminate the current license effective May 31, 2010. Failing to take this step would allow the operator (should they choose) to give 90 days' notice that they intend to renew the license under the same terms and conditions for an additional five year term for the period of June 1, 2010 until May 31, 2015. Given the changing face of Rockwood Park, staff suggests that simply waiting for the operator to let their intentions be known is not prudent. The more appropriate action is to for the City to give notice of termination which would then allow the City and the Operator sufficient time to address 65 21 rage Sttbj A gd~ccmeii t b tv%,ee11 1.HM t? IytJV efl tU1-Ca e1 17d the City 0t' S a i11t Jni111 the concerns and to determine if it is possible to arrive at a new License Agreement that works for both parties. RECOMMENDATION Resolved that pursuant to and in accordance with Clause 7 of its License with LHMD Adventures to operate a horse Barn in Rockwood Parr, the City of Saint John hereby terminates said License on May 31, 2010. espec lly submitted, ~ Terrence L. Totten, FCA CITY MANAGER 66 M&C-2009-126 May 6, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 806 Manawagonish Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The frill applications are available in the Common Cleric's office and will form part of the documentation presented at the public hearing. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Comeau MacKenzie 806 Manawagonish "R-IA" "R-4" To permit a Architecture (for Road & "R-2" three-family Mona Teresa dv°elling Scichilone) RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Comeau MacKenzie Architecture (806 Manawagonish Road) for Monday, June 15, 2009 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 67 ro" lW SAINT JOHN INDUSTRIAL PARKS McAllister • Spruce Lake • Grandview May 7, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Saint John Industrial Parks Ltd. 15, Market Squam, 10th floor, P.O. Box 19:1 Saint John, New Brunswick I:2L.4Li T: (506) 658-4418 F:(506) 658-2837 www.SaintJohnIndustrial.ca SUBJECT: CAPITAL REALLOCATION SAINT JOHN INDUSTRIAL PARKS BACKGROUND Council, in February of 2009 approved a Capital Budget of $815,000 for various Saint John Industrial Park Capital Initiatives which included; McAllister Cut/Fill, Barge Facility, Lorneville Master Plan, McIlveen Drive Hydro Extension and the Spruce Lake Beautification. The chart below indicates total capital requested for 2009; $950,000. Project 2009 Paddy's Hill Rebuild White Rocks Road Barge Facility $50,000.00 East Expansion West Expansion (Lorneville) $25,000.00 McAllister Cut/Fill $575,000.00 McIlveen Hydro Extension $250,000.00 Spruce Lake Beautification $50,000.00 McALLISTER CUT AND FILL SJiPL has recently completed a significant portion of the McAllister Cut and Fill project (estimated to be 75% of the mass fill) and has decided to delay/eliminate the engineered pad component of the design. This modification to the project will reduce the project cost by approximately $250,000; from $575,000 to $325,000. The Lorneville Master Plan was completed slightly under the budget of $25,000 in March of 2009. The McAllister Hydro Servicing project is commencing in May of 2009 and it expected to slightly over the budget of $250,000.00 by approximately 3% (less than $10,000). The $50,000 allocated for the Barge 68 Report to Common Council Page 2 May 7, 2009 terminal is likely not required for 2009 as the funding submission to the Gateway Initiative is in process. As such, all engineering, design and diligence work is on hold until project valuations are completed in late summer of 2009. If successful, future funding for the project will come from the Gateway Fund. Through the first 4 capital projects addressed it appears Saint John Industrial Parks Ltd. will be able to complete this portion of its capital program for 2009 at approximately $300,000 less than the initial budget. There are two projects which currently require Capital; one listed as a 2009 initiative and a second which has recently emerged. SPRUCE LAKE BEAUTIFICATION The Spruce Lake Beautification program requires additional capital. The conceptual landscaping plan has been completed and 5 key areas of improvement have been identified. The first phase of beautification is the landscaping of the Baxter Cold Storage corner (King William @ Alloy Drive). The initial budget for this area indicates upwards of $100,000 will be required. Modification to the size of trees etc. can result in some savings however the majority of the expenditure required is earth work; fill, soil and landscaping. The capital request for this project was $50,000. The SJIPL is requesting that Council support the reallocation of $50,000 of the approved $815,000 capital budget to this project, ensuring a significant portion of this program can be realized in 2009. WHITE ROCKs ROAD An unbudgeted capital project has recently come to the fore. Phase 1 of White Rocks Road was completed in late spring of 2008. The first phase was built to the highest elevation the road will reach; this cut off point was convenient as it was approximately the half way point of the project but equally important the storm water would drain back to the existing storm system in Alloy Drive. Phase 2 of White Rocks Road will connect the first phase through to Stinson Drive. A key component of the second phase of the development is the creation of a storm water detention pond which would be located on SJIPL lands behind 55 Stinson Drive, lands owned by Envirosystems. This storm system was designed by Terrain Group recognizing that the City would soon be implementing a storm water strategy and the SJIPL should be a leader in such matters. The storm detention pond as designed will collect storm water flows created via the development of the second phase of White Rocks Road and retain it in a large holding area, releasing the flow through a six inch pipe into a drainage ditch located at 55 Stinson Drive. This infrastructure and system is designed to reduce the downstream impacts of any storm up to a 100 year event. 69 Report to Common Council Page 3 May 7, 2009 55 STINSON DRIVE DEVELOPMENT In the summer of 2008 the SJIPL GM was contacted by representatives of Envirosystems (proponent) which had recently purchased Atlantic Industrial Cleaners including the building located at 55 Stinson Drive. It was their intention to create an expansion of the building so it may function as a chemical mixing and warehousing facility. In their November application to PAC to ensure the chemical use was acceptable (which Staff, PAC and Council all supported) engineering had requested that the proponent design and demonstrate that any chemical spill would not enter into the storm system. The proponent in its engineered plans demonstrated how it would control chemical spills and ensure they did not enter into the storm system. Subsequent to their initial submission the proponent was advised by the City that they would need to submit a Storm Water Control Site Design. Council had adopted Storm Water Design Guidelines on December 8 h of 2008. The proponents' application and engineering's comments were submitted prior to Council's adoption of the Policy, as such it would have been premature in the opinion of Engineering to presuppose Council's decision and enforce a policy not yet adopted. This request delayed the proponent 6 weeks initially and in the end an additional 3 months of design time along with a significant and unbudgeted engineering fee. The storm design which Terrain had provided on behalf of the proponent did not meet the expectations of the Engineering Department as it did not accommodate the storm water runoff of SJIPL lands to the rear of the development at Stinson Drive. They had been asked to redesign again and the cost of design and build out increasing the cost further. Envirosystems is extremely disappointed with the experience they have recently endured. They have 4 properties to redevelop within City limits and this situation has forced their project engineer to advise senior management to consider reducing its presence in Saint John where possible SALVAGING THE PROJECT The Envirosystems development is valued at approximately $600,000; this would represent about $16,000 to the City annually in real property taxes. It should also be noted this potential development leverages existing street, sanitary and water infrastructure, maximizing the SJIPL's/City's return on its investment. 70 Report to Common Council May 7, 2009 Page 4 The GM has worked with the City engineering department, Terrain and Envirosystems in an effort to save the development. As discussed much of the $100,000 of unplanned and unbudgeted site storm water design which Envirosystems must incur is largely to control storm water from behind the building at 55 Stinson Drive coming from SJIPL lands. Had the White Rocks Road project been completed and the storm system in place, the site improvements and storm system requirements of Envirosystems would be substantially reduced. The project would already be under development in all lielyhood. The work to complete the SJIPL storm control pond for the second phase of White Rocks Road as designed by Terrain is budgeted at $100,750.80 HST included. Envirosystems has determined it can complete the work on behalf of the Company for the budgeted price or less. This is important; Envirosystems is not prepared to wait for SJIPL to tender and award its work, as the additional time required will be the final nail in the project's coffin. The upside is that not only may the SJIPL save money on the project or at least the project will remain within the engineering budget; it will also allow Envirosystems to save valuable time with respect to their initiative. Engineering will insist the SJIPL retention pond be in place prior to Envirosystems commencing its project; if the project is one large initiative Envirosystems can submit the project as one large piece for permitting purposes and commence in short order. The SJIPL does require the support of Council to reallocate capital towards this initiative, assuming the Board is supportive of the recommendation in this report. As discussed the SJIPL has substantially completed the majority of its Cut and Fill initiative at McIlveen Drive and is significantly under budget. The Company does have capital to reallocate, subject to Council's approval. This storm water detention pond component of the White Rocks Road project is required at some future time; if it is done now, future costs of the road will be reduced. Meanwhile the City can begin to accrue benefits in the form of tax receipts on its storm detention pond investment immediately via the Stinson Drive development. Equally important the City and the SJIPL finds a solution to facilitate more development in its parks which will ensure jobs are retained and tax base is increased. This partnering initiative is an example of the role the SJIPLICity can play in both industrial park development and economic development. SJIPL requests that Common Council approve the reallocation of $150,000 of its approved capital budget to the following two projects; an additional $50,000 to the Spruce Lake Beautification project and $100,000 allocated to the White Rocks Storm Detention Pond project. Council should be aware that the SJIPL anticipates capital spending will be under the approved $815,000 budget with the requested reallocations, perhaps in excess of $15,000. 71 Report to Common Council May 7, 2009 RECOMMENDATION: Page 5 That Common Council approves the reallocation of $150,000 of approved Capital to the following SJIPL projects; $50,000 towards the Spruce Lake Beautification program and $100,000 towards the White Rocks Road Storm Detention Pond project. Brian Irving, General Wnager Saint John Industrial Parks Ltd. BI:111 72 AA" pWi7:M Al v 6 v 1. m$TA11 NEW EI, 0a STCN~ ~YIt1Nmf Ri ENO OF E% PC,WP "PE t y F ~ / _ Lx PPO,uP PE BASIN / 150mnv GTpITOP YR PAMW ~ EX. 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Ap aNn6oll d I m uPl , - +rImLN,II 41- 1 xrsAwxlJ I Gld .xWa W I 119 w 66YI • PPPPvNMP, '+i,~ ww.+Axa4 65]6 I FW bi . K.a PxpLC -R,rAEI I ] rR96a mmxR ---------------I n~ _ b b - - - e,oe6 - I I I~~I I I I I ! I I I I I ) avAm ra uPAnw I~-I ,+•.A+-PP . t~r.n~x.,.N.xx4x.r,..r. I tN-o<,-xorl , Imum ,w ,Rlow ~ I36-AA-moT+ a Imam .rr xnx+ I I6i-.erxo6r 1 No. { OESCRiPna { CHr'0I D•R terra i n rN,E fG rrs as wnerrx eounloxa rrAw x.,E>»1I, 3~ 8 S I CUENr I y SAINTJOHN INDUSTRIAL PARKS LTD. SAINT JOHN, NEW BRUNSWICK I PRO Dc` I PRUCE LAKE INDUSTRIAL PARK, WHITE ROCKS ROAD PHASEI SAINT JOHN. NEW BRUNSWICK I SHEET OESERIP7ICN I STORM DRAINAGE! EROSION & SEDIMENTATION a CONTROL PLAN - -ID-xmRT ~ 1~ Tar _ _Jxe 6.a ,a_ _ SGawaa 1 row 4-1. Saint John Industrial Parks Ltd. SAINT JOHN 15 Market Square, 10th floor, P.O. Box 1971 Saint John, New Brunswick E21, 41A INDUSTRIAL PARKS T: (506) 659-4418 F:(506)658-2837 McAllister • Spruce Lake • Grandview www.SaintJohnlndustrial.ca April 27, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Griffin Letter- March 30, 2009 BACKGROUND: On March 30, 2009, Mr. and Mrs. Dennis Griffin submitted a letter to Council regarding their concerns with respect to the McIlveen Drive (McAllister Industrial Park) Cut and Fill Initiative which has been completed effective March 30, 2009. This project, an undertaking of the Saint John Industrial Parks Ltd (SJIPL) began in December 2008 and effected the removal of aggregate materials from SJIPL lands to the south side of McIlveen Drive and placement of same on the lower north side of McIlveen Drive. The process was necessary to maximize the density of serviced land off McIlveen Drive Extension. The project was engineered by Terrain Group in conjunction with Jacques Whitford and Fundy Engineering to ensure no impact on the environment and neighbouring properties. The Department of Environment and Local Government were consulted with the project design and provided approval to go forward. Mr. Griffin is correct in his suggestion that SJIPL did not have the approval of the Planning Advisory Committee for this project, a requirement for any excavation greater than 1 meter in depth. This was an oversight of the SJIPL General Manager as the site was not being operated as a quarry, simply improving the park in an effort to prepare for the anticipated increase in demand for serviced industrial lands. The SJIPL General Manager has spoken with the By-law Enforcement Department in the matter and has ensured that any future work in the area will have the necessary municipal approvals. RECOMMEDWATION: Receive and fi Respectfully sub itted, Brian Irving G , Saint John Industrial Parks Ltd. 75 11 I 1 -4-1 441 - r' To the Mayor and Council of the city of Saint John Nb u L~51n CA We are writting to you the Mayor & Council in an effort to correct a problem/condition that at this present time is being caused by one of your commlission " Saint John Industrial Parks Ltd. " & " Supply & Services Of New Brunswick " in the McAllister Industrial Park . In late 2008 & early 2009 Saint John Industrial Parks contracted Galbraith Construction to excavate fill on the south side of Mclllveen Drive in the park & deposit it on the north side of this same street . We are told that this excavation has the blessing of this Council and Industrial Parks Saint John & Supply & Services of NB . We were also told that there were no permits for this operation taken out at the building inspection/pianning department of Saint John In the past when land in the park was developed ( 95/96 &98/99 ) Industrial Parks Saint John went to PAC & Council for approval and the adjacent land owners could voice their concerns. This was not done for this excavation work which is presently being done by Galbraith Construction . Also as we understand it this type of activity falls under the Pits & Quarry bylaw 1 At this present time work has been suspended due to the frost & wet condition that comes with spring but we are told that by the first of May it will begin again . We are presently in the planning stage of building homes for our children on the land that this newly extended Bayside Drive has opened up and that this activity in the industrial will effect these plans . One of the problems is the fact that the WATER table is being drained due to the reduction of a counter force on the nothern side of our land by the removal of gravel . This lets the water flow freely & a similar case was that of Debly Construction activity of 95/96 when the residents of Old Black River Road that borders the park lost all their well water due to the removal of gravel behind Russel Metals in the McAllister Industrial park. Also we would like to point out that the water table will become polluted as activity encreases in the park due to the expansion of the Energy Hub of Atlantica . As the material is taken from this area we will have an encrease in wind & water errosion as was demonstrated by past excavation along our property and a steep bank will be placed on our north property line . We therefore ask that this Mayor & Council put a stop to this activity by Saint John Industrial Parks Ltd. on our northern property line and that a full reviewtstudy be implemented as to the effects/harm to our lands is done. Sincerly , 138 77 j Dennis J Griffin & E. Janice Griffin 865 Red Head Road Saint John NB E2P 1J3 633 8223 March 30109 cc: Premier of NB Minister of SS NB Minister of Enviromene of NB Pids of S & S 003384545 Dennis & Janice Griffin 00336701 139 78 M & C 2009 April , 2009 HIS WORSHIP MAYOR IVAN COURT AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT: PROVISION OF LIFEGUARD SERVICES - 2009 BACKGROUND: The city John, For the past number of years, the Canada Games Aquatic Centre (CGAC) has provided lifeguard supervision at City beaches. As Council is aware, there was much effort made by a private group to restore the Lily Lake Pavilion for multiple usages and re-establish the lifeguard supervision service at Lily Lake. Common Council responded by entering into an agreement with the Lily Lake Pavilion Inc. whereby the City of Saint John would finance 50% of the cost to re-establish lifeguard services at Lily Lake for the 2007 season. For 2008, Lily Lake Pavilion Inc. requested the City of Saint John to finance the frill cost for lifeguard supervision at Lily Lake. ANALYSIS: For the 2009 season, the CGAC has submitted a proposal for lifeguard supervision at four beaches: Dominion Park, Lakewood Reservoir, Fisher Lakes and Lily Lake. These are the same beaches at which the CGAC provided lifeguard supervision in 2008. The total cost to provide lifeguard service at all four beaches in 2009 is $95,000 plus $12,350 HST for a total of $107,350. The CGAC has proposed to supervise the four beaches: Dominion Park, Lakewood Reservoir, Fisher Lakes and Lily Lake daily from June 20 to August 23, 2009 except for Lily Lake which will not be guarded until Aug 1. It is important to note that there will be major construction at the Rockwood Park entrance this year beginning in April 2009. This will include a complete redesign ofthe entrance and grading of Lakewood Drive South. As a result, Lily Lake beach will be closed until August I 2009. It is anticipated that there will be increased attendance at the 3 other city beaches (Dominion Park, Lakewood Reservoir, Fisher Lakes) during the construction period. To compensate for this, the guards hired for Lily Lake will be placed at the other beaches for additional safety. This will result in a savings of $3,000 from the CGAC original proposal as one less lifeguard will be n 79 needed during the constriction period. Attached is the proposal from the Canada Games Aquatic Centre for the upcoming 2009 season. FINANCIAL ANALYSIS: The proposal presented by the Canada Games Aquatic Centre has a service fee of $95,000 plus HST to provide lifeguard services at the four city beaches. Funds for contracting this service are provided in the 2009 Leisure Services Department budget. The period of lifeguard supervision will be from 11:00 a.m. until 5:30 p.m. seven days a week at the four beaches. Notices will be posted at each beach to inform the patrons about the hours of supervision. RECOMMENDATION: It is recommended that: 1. Common Council authorize staff to engage the Canada Games Aquatic Centre to provide lifeguard supervision at four City beaches in 2009, as outlined in the attached proposal at a cost of $95,000 plus HST, and that, 2. the City Solicitor be directed to prepare all necessary documents, and that, 3. the Mayor and Common Clerk be authorized to sign these documents. Respectfrilly submitted: Bernie Morrison Director of Leisure Services Terrence Totten, C.A. City Manager 80 Canada C 1, e Aquatic C."Ientic Cen,tr Acj u ll lul l.'l , ,lcu'F.. u Cinw1(iit 2009 PROPOSAL CITE' OF SAINT JOHN BEACHES The purpose of the lifeguard service is to provide safety supervision to the many citizens who attend City Beaches during the summer. Lifeguards will be on duty seven days a week from June 20 to August 23, 2009 from 11:00 AM to 5:30 PM at Dominion Park, Fisher Lake and Lakewood Reservoir. Lifeguards will be on duty seven days a week froml 1:00 AM to 5:30 PM at Lily Lake once the constriction is finished and the underwater inspection has taken place. We recommend Lily Lake be closed to swimming during the road constriction in front of the Pavilion and the Lily Lake guards be placed at Dominion and Fisher until Lily Lake is open for swimming. CANADA GAMES AQUATIC CENTRE RESPONSIBILITIES: The Aquatic Centre will select, train, supervise and employ all staff required to safely guard the beaches. Uniforms for the staff will be provided by the Aquatic Centre. The Aquatic Centre will be responsible for all safety and rescue equipment except for the lifeguard chairs and beach signage. CITY OF SAINT JOHN RESPONSIBILITIES: The Leisure Services Department of the City of Saint John will provide the following on site for opening day and will pick up on closing day: 1. lifeguard chairs 2. signage: beach hours, lifeguard on/off duty, beach riles 3. access to locked storage area for equipment 4. shelter and toilet facilities for lifeguards. It will be the responsibility of Leisure Services to arrange physical maintenance of the beaches including grass cutting, sand quality, etc. 81 The City of Saint John will pay the Canada Games Aquatic Centre $98,000.00 + $12,740.00 (HST) = $110,740.00 for the provision of the services outlined above. 82 April 9, 2009 Dear Ray, As a follow-up to our conversation last week regarding lifeguard staff for the City Beaches, we recommend increasing the number of lifeguards on Dominion Park beach and Fisher Lake beach while Lily is under construction. These beaches will be busier while Lily Lake beach is closed and it is unlikely we would be able to hire waterfront lifeguards in August. We would reduce the fee for lifeguard services for 2009 to $95,000 to reflect the reduction in expenses due to the late opening of Lily Lake Beach. Sincerely Elsa Scarff Stanley Aquatics Manager 83 M & C - 2009-135 May 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of City Owned Land-Ashburn Road BACKGROUND: In Spring of 2008, Common Council resolved: That The City of ScihitJohii sell PIT) 33023, 672-673 Ashburli Road to C lecir T ieir Alobile Homes Ltcl. wider the terms ciml comlitioiis coiaciii?e(I ill the attached Agreemew of Purchase algid Sale; ciml that Clecir Z reir Alobile Homes Luca' be author ed to seek cm ciniemliuew to the -A.1imiei1al Plan grid ahhlrJbr a rezoiihig of the sublecthai•cel hoirei,er C'oninioii C'owicil sire riot exl)licitlr or inil)licitlr obligated to g1)1)ro1,e a111' cimemlinew to the AlimicilJal PJaI1 or a111' re°oi?li?g, al?d fui°ther that the Alavor algid Com moil Clerk be authorLed to execute al?v docunlellt required to effect this tiarisfel. The Agreement of Purchase and Sale referenced in the above noted resolution called for a closing date of September 30, 2008. The closing did not occur on or before the prescribed date as the compensatory flood risk land to be transferred to the City from Clear View Mobile Homes Ltd. is subject to several restrictive covenants which required evaluation prior to acceptance of the parcel. Legal Counsel for the prospective purchaser had asked that the City not allow the Agreement to expire and that the City extend the closing until November 30, 2008 so they may negotiate with the former owner the release of any covenants as required by the City. The following recommendation was adopted: 84 Report to Common Council Page 2 April 28, 2009 That The C itt, of .SWiitJohl? gi-cult ql1 e tellsiol? Of the Closing (IcCtefin- the poteltial sale of'PID 53025, 672-675 Ashbul°1i Road to Clecir Z veil, Alobile Homes Ltd to November 30, 2008, and that C'lecir f ieir Mobile Homes Ltd he authori, ed to seek cm amewlinerlt to the -Uimieipal Plan and a)1)h,Jbr a rezoning of the subject pcircel hoirever Colr moll Coil1icil is 11ot explicitly or ilrlplicitly obligated to appYOl'e ally cimemlinellt to the Alimlclpal Plal1 or al?1' 1'e°0117119. Staff continued to work with Clear View's solicitor in an effort to understand how the covenants would affect the City in light of its intended use of the property to be transferred. Clear View Mobile Homes Ltd. also experienced ongoing difficulty securing CN's approval to remove any of the aforementioned covenants. As such a further extension of the closing was necessary to allow for further discussions in the matter. The following resolution was adopted: That The City of,Sclirlt John grant cm exterlsiorl of the closing date f )r the potential sale of PIT) 53025, 672-675 Ashhurli Road to C'lecir f ieir Mobile Homes Luca' to Febl°ual-i,, 26, 2009; ciml that Clecir Z reir Alobile Homes Luca' be authorised to seek cm cimemlinew to the 1 limlclpal Plcm ciml appJv.f oY a re°oiW ig (f the suhl . ectl)wvel hoirever C'ommori C'owicil is riot explicitly or iruplicitly obligated to appl•ove arly clmemlinew to the 111imiei1al Plcm or a111, rezorlirig. The sale did not transpire on the prescribed date. City staff had been concerned about how the covenants and also of the Emera Pipeline easement which runs through the property. Recently staff has determined that the covenants are of minor concern given the location of the parcel in relation to the larger parent parcel and in light of the City's intended use of the parcel. The Emera easement which was a concern given the City's potential interest in dredging the area for additional flood volume is not as critical as originally thought as the land may form a key piece of the Marsh Creek restoration project as well as the active transportation corridor which is contemplated as part of the Marsh Creek Restoration project. In light of this additional information, it is recommended that Common Council enter into the attached Agreement of Purchase and Sale. RECOMMENDATION: 1) That The City of Saint John sells PID 531025, 672-675 Ashburn Road to Clear View Mobile Homes Ltd. under the terms and conditions contained in the attached Agreement of Purchase and Sale; 85 Report to Common Council April 28, 2009 Page 2) That Clear View Mobile Homes Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel however Common Council not explicitly or implicitly obligated to approve any amendment to the Municipal Plan or any rezoning, and 3) That the Mayor and Common Clerk be authorized to execute any document required to effect this transfer. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment 86 1d THIS AGREEMENT made as of the 28th day of April, A.D. 2009. BETWEEN: The City of Saint John, a municipal corporation, (hereinafter called the "Vendor") OF THE FIRST PART - and - Clear View Mobiles Homes Ltd., a body corporate, (hereinafter called the "Purchaser") OF THE SECOND PART WITNESSETH: THAT the Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being known as 672-675 Ashburn Road, Saint John, NB having PID number 53025 (the "Property"). 2. THAT the purchase price of the Property shall be: (a) $47,162.52 plus applicable taxes for 2.45 acres of the Property not in flood plain; and (b) The conveyance of 3.89 acres of property as shown on the plan attached hereto as Schedule "A" and being a portion of PID 55189385, to the Vendor. 3. THAT the sum of One Thousand Dollars ($1,000.00) payable to the Vendor shall be delivered by the Purchaser to the Vendor as a deposit (the "Deposit"), to be held by the Vendor pending completion or other termination of this Agreement and to be credited on account of the purchase price on closing. 4. THAT the closing date shall be July 31, 2009 (the "Closing Date"), however the Closing Date may be such earlier date as is agreeable to the Vendor and the Purchaser. 87 5. THAT the Purchaser shall investigate the title to the Property at the Purchaser's expense and shall have sixty (60) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within ten (10) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition on or objection to title, the sum of One Thousand Dollars ($1,000.00) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 6. THAT the Vendor shall deliver to the Purchaser on the Closing Date a transfer in registerable form, approved by the Purchaser. 7. THAT this Agreement is conditional upon the Purchaser obtaining such environmental and/or Geo Technical assessments and reports which the Purchaser deems necessary (the "Due Diligence") within sixty (60) days from the date hereof, with the Due Diligence being satisfactory to the Purchaser. If the Purchaser is not satisfied with the Due Diligence, then the Purchaser may give notice of cancellation of the Agreement of Sale to the Vendor within the sixty (60) day period herein before referred to, in which case the Vendor shall forthwith return to the Purchaser, the sum of One Thousand Dollars ($1,000.00) paid as a deposit by the Purchaser to the Vendor. 8. THAT the Vendor hereby authorizes the Purchaser to apply to rezone the Property for purposes acceptable to the Purchaser. 9. THAT the Vendor hereby grants to the Purchaser, its agents and employees, the right to enter upon the Property for the purpose of conducting such tests as the Purchaser feels necessary to determine the suitability of the Property for its purposes and to carry out the Due Diligence. 88 3 10. THAT all normal adjustments, including real property taxes shall be adjusted as of the Closing Date. 11. THAT time shall be of the essence in this Agreement. 12. THAT notice in writing permitted or required to be given hereunder shall be properly given if delivered by the party giving notice to the other party or to the other party's lawyer which in the case of the Vendor is Lynda D. Farrell, City Solicitor's Office, City Hall, Market Square, PO Box 1971, Saint John, NB E2L 4L1, Fax number (506)-649-7939 or in the case of the Purchaser is William H. Teed, Q.C. of Cox and Palmer, P. 0. Box 1324, Saint John, New Brunswick, Fax number (506)-632-8809. All such notices sent via telecopier shall be deemed to be received on the date sent. 13. THAT this Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 14. THAT this Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written. SIGNED, SEALED AND DELIVERED by the Vendor in the presence of SIGNED, SEALED AND DELIVERED by the Purchaser in the presence of The City of Saint John per: Mayor Clear View 89 per: Common Clerk M&C-136 May 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SITBJECT: Purchase and Sale Agreement for 1563 Rothesay Road Over the past two years, Municipal Operations has been planning and preparing for the design and reconstruction of Rothesay Road. The improvements to the road include: installation of sanitary and storm sewer, as well as road reconstruction, including: excavation, backfill, concrete curb and sidewalk, landscaping and paving. This reconstruction project will occur in two phases, with the first phase expected to begin this year. Municipal Operations has submitted a report to Council (M & C 42009-133) to be considered this evening regarding the first phase. ANALYSIS Surface Water Runoff Issues The design of Rothesay Road reconstruction has brought with it some significant and unique design challenges. The property at civic 41563 Rothesay Road (see attached map) consists of two properties, identified as PID numbers 296871 and 296608. A two-storey, one-family dwelling and accessory building are located on one parcel while the other is vacant. During significant rain storms, a substantial amount of water is retained on Rothesay Road adjoining the above noted property. The subject property is at a lower elevation than the road and the water runoff is drawn to the property where a natural rock infiltration gallery is present. The infiltration gallery occasionally surcharges and the result is flooding around the residence, in the fields on both sides of Rothesay Road, and over top of the road itself at its current elevation. Rothesay Road is proposed to be raised up in this low lying area by approximately two feet. This will allow the road to be free of standing water if the water level should exceed the infiltration gallery's capacity. The infiltration gallery on the subject property has cracks in it near the top of the surface which allows water to pass through but no major openings were found. Flooding therefore remains a possibility when the outlet cannot handle the flow. 90 Report to Common Council Page 2 The downside of using this outlet is that it is located on private land which contains a dwelling. The dwelling has had a history of flooding in the basement. By raising the road in this area by two feet to remove the pooling of water during heavy rainstorms, it will result in substantially increased water runoff onto the adjoining property as identified in this report. This would create a liability issue for the City if the project were to proceed as planned. Other options were investigated by the consulting firm, Godfrey Associates Ltd, to redirect the water runoff and avoid the property at 1563 Rothesay Road. The costs associated with these alternatives range from $450,000.00 to $1,200,000.00. Most Cost Efficient Solution Real Estate Services has met with the owners of the property at 1563 Rothesay Road to investigate the possibility of the City acquiring the property with the intent to demolish the buildings on the site and constrict a storm water retention pond. The pond would provide a release of water where the runoff could be collected and allow the infiltration gallery on the site to release the volume of water at a manageable rate over a longer period of time than the infiltration gallery could handle. The owners were understandably reluctant and hesitant about the possibility of selling their property. The landowners did, however, allow the City to conduct an appraisal of their property. Real Estate Services hired deStetcher Appraisals Ltd to conduct an appraisal of the property, while at the same time, the property owners hired Fundy Appraisals to do the same. The City's appraisal came in at $125,000.00 while the appraisal conducted for the property owners is $145,000.00. Acting in good faith, staff used the $145,000.00 value as its benchmark to negotiate a satisfactory deal with the property owners. Staff asked the property owners to provide "hard" costs associated with the sale of their property in finding a suitable alternate property to acquire. These costs included such items as: legal fees, payout of mortgage penalty, moving expenses, utility hook-up costs, etc. A breakdown of "soft" costs were also requested, which included: time spent on searching for a new home, stress of considering a move, utilization of their vacation time, etc. It is the opinion of Real Estate Services staff that these associated costs must be considered and incorporated into the total compensation package to the owners for the City to purchase their property. In reviewing the above and frurther discussions with the property owners, a purchase price was agreed upon by staff, subject to Council's consideration, along with terms and conditions. Including the "hard" and "soft" costs to the appraised value, along with some monies to provide an incentive to the owners to sell their property to the City, a total purchase price of $225,000.00 was negotiated. 91 Report to Common Council Page In considering this report, there are time sensitive issues that should be identified. The closing date for the Vendors to acquire their new property will be jeopardized if this item is not dealt with by Council at its May I Ith meeting. It is also possible that their sale could fall through resulting in their inability to move from their home. This may potentially result in the project for the reconstruction of Rothesay Road to not proceed this year. The recommendation contained in this report will facilitate the above noted land transaction. UC OMMENDATION 1. That The City of Saint John purchase 1563 Rothesay Road from Adam Douglas Ellis-Herring and Alison Lynn Ellis-Herring in accordance with the terms and conditions contained in the Agreement of Purchase and Sale attached to this report (M&C # 2009-136). 2. That the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner, Planning and Development Terrance L. Totten, F.C.A. City Manager Attachments CL/c 92 A(, Pit" i, ~lENT ~ r J CHASE AND SALE BY AND BE TWEEM OF THE SECOND PART In consideration of the sum of $5.00 paid by each party to the 1dicr, the provisions set forth in this Agreement and other good and valuable consider i:jn (the receipt and sufficiency of which are hereby respectively acknowledged), tae parties hereto covenant and agree as herein set forth: That the Vendors hereby offer to sell to the Puri di_ LL, - and the Purchaser hereby agrees to irchase lands and premis Situate 1.563 o ad, Slat John, New run 7 D's #296871 and )(hereinafter co 'led e ``Lands"), for the sure of Two Hu Q red Twenty Five Tho 4 L. ($225,000.00) F onars in the following manner and upon the following terms and conditions: L The Purchaser will pay to the Vendors the sum of Twenty Two Thousand Five Hundred dollars ($22,500.00) prior to the close of business not later than the tenth (10ah) day following acceptance by the Purchaser and the sum of Two Hundred Two Thousand Five Hundred :Dollars ($202,500.00), subject to normal adjustments, on closing, 1 The Vendors" offer herein is irrevocable until. 6.30 p.m. Tuesday, May 12, 200 . 3. The Vendors shall deliver to the Purchaser a registerable Transfer on closing on the date of closing (the "Closing Date'") which shall be on or before June 16, 2003 and shall take place at the offices of the Vendors' solicitor or at such other place as may be mutually agreed, ADAM DOUGLAS ELLIS-HERRING and ALIS N LYNN ELLIS- ...E NC, hereinafter called the "VENDORS" - and - OF THE FIRST" PART THE CITE` OF SAINT JOHN, a body corporate by loyal Charter conformed and ended by Acts of the Legislative Assembly o the Province of New Brunswick, hereinafter called the "PURCHASER" 94 Agreement of Purchase and Sale - 1563 Rothesay Road _ PID 4296871 and #2966138 Page 2 have an inclusive limit of not less than Two Million. ($2,000,000.00) Dollars; ii, remain in full force and effect during the entire period during which the Vendors remain in occupation of the Lands; iii, provide commercial liability„ property damage and environmental liability and damage insurance coverage with respect to the Vendors occupation of the Lands; and iv, not be amended, cancelled or allowed to lapse while the Vendors are in possession of the Lands, 95 Agreement of Purchase and Sala 1363 Rothesay Road PID #296871 and #296609 Page 3 Neither the Vendors nor their employees, agents, workmen, contractors, invitees, trespassers or any other person shall have any claim against the Purchaser for injury, loss of life or damage to or loss/destruction of property while on the Lands for any purpose, lawful or otherwise. The Vendors release and forever discharge the Purchaser, its directors, officers, agents, servants and employees from any claims, demands, proceedings, losses, damages, liabilities, i' afrciencies, costs and expenses arising out of or in. consequence of ar ,y l ; jury or damage to the Vendors or their property in any way relating; to the Vei 'ors' occupation of the Lands. This clause shall survive the Closing. 6. Property Taxes, water and suer levy and all other adjustments shall be adjusted, apportioned and allowed as of the Closing Date. 7. Harmonized Sales Tax ("HST") payable in respect of this transaction shall be self assessed and remitted in accordance with the Excise Tax Act (Canada) (the "Ac.t" General. 10. Any tender of documents or money hereunder may be made upon any party hereto or their solicitors and money may be tendered by negotiable cheque from a Canadian chartered bank or trust company. 96 Agreement of Purchase and Sale - 1563 Rothesay Road - PID #296871 and #296648 Page 4 11 o Other than as provided for herein, all oasts and expenses incurred in connection with this Agreement and the transaction contemplated hereby shall be paid by the party incurring; such expenses. 12. Time shall be of the essence hereof. 13. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafter in this section called a "notice" to any party shall be in writing and shall be sufficiently given if delivered personally, or if sent by prepaid registered mail or if transmitted by facsimile or other- form of recorded communication tested prior to transmission to such party: a. In the case of a notice to the Vendor at: b. In the case of a notice to the Purchaser at. Lynda D, Farrell 15 Market Square P. . Box 1971 Saint John, N Etta 4L1 Facsimile Number: 506-649-7939 97 Agreement of Purchase and Sale - 1563 Rothesay Road - PID #296871 and #296608 Page 5 14. Neither this Agreement nor any rights or obligations hereunder shall be assignable by any party hereto without the prior written consent of the other party hereto. This Agreement shall enure to the benefit of and be binding upon the parties and their respective heirs, executors, administrators and successors and permitted assigns. 16, if any cf-v 'na-at or provisions of this Agreement is prohibited in whole or in part, such cove.:~AL or provision shall be ineffective to the (-,Je~nt of such prohibition without in, : i dating the remaining covenants and pro is hereof and shall be deemed to be severed from this Agreement to the extent 'such prohibition. 17. Except as specifically set forth or referred to herein, nothing herein, express or implied, is intended or shall be construed to confer upon or give any person, other than the parties and their respective successors and permitted assigns, any rights or remedies tinder or by reason of this Agreement. 18. This Agreement may not be amended or modified in any respect, except by written instrument executed by all of the parties hereto, 98 Agreement of Purchase and Sale - 1563 Rothesay Road - PID 4296871 and #296608 Page 6 IN WITNESS WHEREOF the Vendors have executed this Agreement this day of May, 2009. 6~~am Douglas Ellis-Herring Alison Lynn Ellis-Herring IN WITNESS WHEREOF the Purchaser has executed this Agreement this day of May, 2009. E CITY SAN JOHN Mayor Common Clerk Common Council Resolution: May , 2009. 99 T~ The City of Saint John PROCLAMATION WHEREAS: the Saint John Police Force will be recognized as providing exemplary leadership and service reflective of the public safety needs of the community to enhance the quality of life; and WHEREAS: the Saint John Police Force has grown to be a modern and. scientific law enforcement body, which increasingly provides a vital public service; and WHEREAS:. everyday, law enforcement officers render dedicated service to their community, often times exposing themselves to substantial risk of death or great bodily harm; and WHEREAS: as concerns about crime rise, the way Canadians think about policing transformed. Integration of the creative thinking of law enforcement administrators and academics with a wide body of policy research findings has yielded the concept of community policing. Unlike programs intended to address specific problems faced by law enforcement, community policing calls an all-encompassing change in the way police perform their duties; and WHEREAS: it is important that all citizens know and understand the problems , duties and responsibilities of their police force, recognize their duty to serve the people by safeguarding life and property, by protecting them against deception and the weak against oppression or intimidation. THEREFORE: I, Mayor Ivan Court, on behalf of the Citizens of Saint John, do hereby proclaim the week of May 10kh to May 16th 2008, as POLICE WEEK. In witness whereof I have set my hand and affixed the official seal of the, Mayor of the City of Saint John. SAINT JOHN P.O. Box 1971 .Saintlohn, NB Canada E2L4L1 I wvwwsaintjohn.ca ~ C.P. 1,971 Saint John: 100 r Vibrant Communities Saint John May 11, 2009 Presentation to Common Counci By: Tom Gribbons Chair of the Leadership Roundtab e 101 Saint John Vibrant Canada (Tamarck nstitute, McConne Fami y Foundation) inar1Pr-qhin RnHnrltah P Vibrant Communities • BCAP ,Urban Core Support Network, Human Deve opment Counci, City of S, 2004 102 Members of the LRT City of S%- PNB (Socia Secretariat) Deve opment, Non Profit • Board of Trade, Enterprise Saint John, Fusion, Carpenter's Training Center, BCAP • Human Deve opment Counci, Urban Core Support Network, SJ Non-profit Housing, • Residents and neighbourhood groups (10) 103 - _Poverty Reduction Goals 300 adults participating in Poverty down to national transition to work average (15%) from 20.5% by 2015 • Child Poverty down to single digits from 28% by 2025 • 20 youth leaders and 100 youth engaged • Increase in HS completion (e.g., young mothers) • Maintain # of partners, • More partners leading solutions • Early Learning Centre in place, 60 full-time child care spaces programs/opportunities (100 per year) • Eliminate GED barrier • Increased workforce participation in priority neighbourhoods • Living Wage by 2010 • Housing Strategy • 100 new affordable units per year • Reduce teen pregnancies 104 Saint John's ge clI Ing Po 30 e,tl VCSJ's Ro e in Neighbourhoods - Neighbourhood Community Developer - Neighbourhood Assistants - Community Newspaper - Economic Development in the North End - Committees and Residents working on specific projects (grocery store in South End, Art project in Village Waterloo, addressing housing issues in CV) - Training and leadership (Learn and Go, Power Up, Youth Engagement) 106 Vibrant Communities Saint ..ohn has contributed to an increase in socia investments in Saint Sohn since 2005. 13 mi ion since inception and over $850 000 in 2008 107 r Contributing Partners • Regiona Deve opment Corporation McConne Fami y Foundation Other Charities and Foundations (RBC Foundation, Dunn Foundation, McMurray Fami y Foundation, Srs of Charity) • City of Saint John 108 { } Moving forward with the City • Champion Housing Strategy, • Continue to invest in neighbourhoods- Grow neighbourhood stimu ation grant • Emp oyment po icies and practices- GED • New approaches to recreation • Continue to engage, poverty affects us a 109 Application for a Zoning By-law Amendment Demande de modification A I'arrete' sur le nonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur ~ a. V /e "Y' Mailing Address of applicant / Addresse postale du demaindeur ;GC'1r tG" l d" . ~811 Postal Code / Code postal / 1 ` Telephone Number I Numiro de t6ldphone Home/ Domicile C 7 r C)V' Work /'T'ravail Fax Number / Numbeo de telecopieur (e ? / , - 6) 1) 9 2. cis r rl" Name of Property Owner (if different) / Nom du propridtaire (si different) Address I Adresse Postal Code /Code postal Property Information / Renseignements sur la propri to Location / Emplacement 3 . /-5~~ 2- Civic # / No de voirie Street / Rue PID / NIP Lot Area I Superficie du lot Street Frontage / Fa gade sur rue A / y p Existing Use of Property /Utilisation actuelle de la propri0d 1 -ii Si _k, ,r t. A" 1 ,T.. pe? 1N,11 Municipal, Plan land Use Designation Designation de utilization des terres sur le plan municipal d° G^s'pr 5°~7 Amendment Requested / Modification demandee Present Zoning / Zonage actuuel Change Zoning to / Modification du zonage a and/or / ou ❑ Team Amendment (indicate particulars) / Modification due texte (indiquez les dctails) 110 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition. i G vas rci't Wi r . u~ / r You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other farm of information. The plan must show the dimensions of the property, the location ofall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez foumir un plan du site it 1 "echelle illustrant votre proposition. Vous pouvez igalement fournir des photographies, des plans de batiment, des dessins de plan d'e.vation et toute autre forme de renseignement Le plan dolt indiquer les dimensions de la propr W, 1'emplacement de la totalize des bcihments, des alMes, des sires de stationnement; des am6nagemenis paysagers et des panneaur de signalisation. Il est important d'indiquer la distance entre les hmites de to propr & et les bdhments. Provide reasons why these amendments should be approved. l Fournir tout autre renseignement concernant votre proposition qui pourruit titre approuv6es. !"J Y/4't r , ✓ ! 1 l J ~C > e I j In Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. 3 Signature of Applicant I Signature du demandeur e JIB t J /Y Date 1 G Z I!r $400 Application Fee Enclosed I 0 -joint les fiais de demande de 400 $ if you are not the owner of the land in question Si vows n'@tes pas le prapn&aire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partte the owner is authorizing this application to proceed ci-dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presence demande pour que cette derniere salt examinee par le conseil communal. Signature of Owner (if applicable) Signature due propri6taire (s'il y a lieu) Date: ill <O' /0 r 9 G° 7 h % R _ 22 ` P 49 e Qr /4 122 O;' P 2 O \ CJ cy S a.a. P.1.D. NO. 314427 Legend ~Y 'PL Placed FD Fagnd I1Jsus. Meosured Dislanre Plan Plan Dts'ance Caic- Car ur al ed pi sl once ar Azimuth z Ca•ar d'. nala Pol nl Ra: Bran as Q 5ur y Mork+r,ISht) • iro Papa. (IPr Ito Ba (16} 0 Hydr Pei+, _ ..SNno.d.en_.5url~.y a,r~ Pszr, Spr~bed,~4w Colcvlo1,d Co-ardlnola point {Co€C Coa lsel Paf.nl. 6 Ne+. 8rv nswic4 r-ord-le Monumen mz Sgaar+ Metres. Notes }Axim:3t: rafar to fd.H Grid Nortb ` d olf-to the 2)Aximt ha B di s3 an cos era rouAte n+grea1 I0' 8 0 Olm raspeetiveiy. 3}Arta of survey ouilined Ih+sC~OP+rlpheral 'n formal tan is To tied from varies-us Soergts 8 should be veritied. A)AII dacumanl 8 plan ref+r+noe trier le the Registry Offics far rho Co.,,; y of Sainf Jahn. 5)Azimulhs & coordinates were derived from N 9 Grid Monuments 3670 8 19040. 5)A11 lies to foundation. Cartrircalion - aol made qa to legal litre, being Iha domain of a lawyer, nor io Iht zoning by-tax ar ra gutafinna, he"rng the domain o1 0 davel opmrnl oflicar, Surveyor's Certificate 1 herspp carEidy lh+ carrreinsss of this pld 8 Ihaf 9 hove s 1 stied q enI, of the S Act, C~ SURVEYED BY Y - _ _ _ _ ROBERT A.G. FULTON! _ i N.S.L.5, DATED JAN i4. 1992 SURVEYOR'S REAL PROPERTY REPORT for Joseph Bernier, Civic No. 37 Northumberland Av City of Saint John, County of Saint John, Province of New Brunswick. 112 3,7 Nor+h(,"6( .r-lanc. A,v. 4c) -19 4 pzl /4", 3 7 i V ~ a ~ ~ } i~~ rl i 11 Iii 110 ~~q v , iY~ J / iVIV u N n / 1 I ''1 II ~ {JJ a wm ~jjjl 1.. r+,> ~Alv 'uli hul OV, i1, 11 ~ ~~I buuiuu ' 111X' m „ 111 Nill 1,01, r c 5 A Hill: 1 i I tI it 1 .C~l XL 2507 2 l cti ` m Irk w~ = 2-4, It rn 113 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Reference: 37 Northumberland. Avenue Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): April 14, 2009 May 5, 2009 SJ I"J Independent Placement Date(s): SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gorn-iley, Common Clerk/Greff ere communale Contact: Kelly Tibbits Telephone: (506) 658-2856 114 PUBLIC NOTICE 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 i is regular meeting to be held in the Council Chamber on Monday, May 11, 2009 at 7:00 p,m„ by: Rezoning a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID No. 00314427, from "R-2" One and Two Family Residential to "R-4" Four Family Residential. R1ASON FOR CHANGE: To recognize an existing three-family dwelling as a permitted use. 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. AVIS PUBLIC Par les pr6sentes, un avis public est donne par lequel le eonseil communal de The City of Saint John indique son intention d'etudicr la modification suivante 6.1"arret6 sur le zonage de The City of Saint John, Tors de la r6union ordinaire qui se tiendra Bans la Salle du conscil le lundi I1 mai 2009 it 19 h : Rezonage dune parcelle do terrain dune superficie d'environ 873 metres carr6s, situ& au 37, avenue Northumberland, et portant le NID 00314427, de zone r6sidentielle - habitations unifamiliales ct bifamiliales «R-2r> a zone r6sidentielle - habitations de quatre logements uR-4». RAISON DE LA MODIFICATION: Reconnaitre l'utilisation d'un edifice A trois logements existant. Toute petsonne int&ress6e peul examiner le projet de modification au bureau du grelfier communal on an bureau de l'urbanisme et du developpement a 116tel de ville au 15, Market Square, Saint John, NA., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries, Vcuillez faire parvenir vos objections au projet de modification par 6cril a Pattention du soussign6 a Ph6tel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere communale 658-2862 658-2862 115 PROPOSED ZONING BY-LAW AMENDMENT RE: 37 NORTHUMBERLAND AVENUE 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, May 11, 2009 at 7:00 p.m., by. Rezoning a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PTD No. 00314427, from "R-2" One and Two Family Residential to "R-4" Four Family Residential. REASON FOR CHANGE: To recognize an existing three-family dwelling as a permitted use. 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. PROJET DE MODIFICATION DE LARRfTf SUR LE ZONAGE OBJET: 37, AVENUE NORTHUMBERLAND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a l'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 11 mai 2009 a 19 h : Rezonage dune parcelle de terrain dune superficie d'environ 873 nlutres carres, situee au 37, avenue Northumberland, et portant le NID 00314427, de zone residentielle - habitations unifamiliales et bifamiliales «R-2» a zone residentielle - habitations de quatre logements «R-4r>. RAISON DE LA MODIFICATION: Reconnaitre l'utilisation dun educe a trois logeanents existant. Toute personne interessee pout examiner le projet de modification an bureau du greffier communal ou au bureau de l'urbanisme et du developpeinent a l1i6te] de ville an 15, Market Square., Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les fours feries. Written objections to the amendment may be sent to Veuillez faire parvenir vos objections an projet de the undersigned at City Hall. modification par ecrit A I'attention du soussigne a ]'hotel de ville. Elizabeth Gormley, Common Clerk 658-2862 Elizabeth Gormley, Greffiere communale 658-2862. 116 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: I Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID number 00314427, from "R-2"" One and "Iwo 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 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. 2009 and signed by: Mayor/Maire ARRETE No C.P. I10- ARRETF MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Fors dune reunion du conseil communal, The City of Saint John a decrete cc qui suit : Uarrete sur le nonage de The City of Saint John, deerete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de Pannexe okA , Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcel.le de terrain d'une superficie d'environ 873 metres caires, situee au 37, avenue Northumberland, et portant le NID 00314427, de zone residentielle - habitations unifamiliales et bifmniliales c(R-2)> a zone residentielle _ habitations de quatre logements t<R-4s> - toutes les modifications sont indiquecs 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 2009, avec les signatures suivantes : Common Clerk/Greftiere commu.nale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 117 May 6, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 37 Northumberland Avenue On Tuesday, April 14, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 5, 2009 meeting. Mr. Brett Taylor appeared to speak in support of the application and indicated that he was in agreement with the recommendation set out in the attached report. No one else appeared to speak regarding the application, and no letters were received by the Committee. After considering the attached report and the applicant's presentation, the Committee adopted the recommendation as set out below. RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as being PID Number 00314427, 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 C'onmaimith Plaw ing Act, the proposed use and development of a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID Number 00314427, be subject to the condition that: the use of the property is limited to a maximum of three dwelling units, b. the applicant obtain a Change of Use permit for the three dwelling units to ensure that all Building and Fire Code standards are met, and further, that upon rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 118 Respectfully submitted, Stephen Horgan Chairman SH Project No. 09-102 119 DATE: MAY 1, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 5, 2009 Sarah Herring, MCIP, RPP Planner SUBJECT Name of Applicant: Brett Taylor Name of Owner: Brett Taylor Location: 37 Northumberland Avenue PID: 00314427 Municipal Plan: Low Density Residential Zoning: Current: "R-2" One and Two Family Residential Proposed: "R-4" Four Family Residential Proposal: To recognize the existing three-family dwelling as a permitted use. Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Corr mimiti Pla»»ing Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, May 11, 2009. 120 Brett Taylor Page 2 37 Northumberland Avenue Mav 1, 2009 STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID Number 00314427, 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 use and development of a parcel of land with an area of approximately 873 square metres, located at 37 Northumberland Avenue, also identified as PID Number 00314427, be subject to the condition that: a. the use of the property is limited to a maximum of three dwelling units, b. the applicant obtain a Change of Use permit for the three dwelling units to ensure that all Building and Fire Code standards are met, and further, that upon rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed rezoning application. Buildings and Inspection Services notes that they do not have a street file for that address, indicating that they have not had contact with the property for at least 20 years. A building permit for the property could not be isolated, and it is believed that the existing third unit was created without a permit. It is recommended that the applicant be required to obtain a permit for the change of use to legalize the third unit so that the Inspection Department can ensure that Building Code standards are met, and that the rezoning not be effective until the permit is obtained and any required work is completed. To allow otherwise would unnecessarily require that Building Inspection staff expend significant man-hours pursuing the owner to obtain Code compliance. Saint John Fire Department has no objection to this application and the request to recognize the existing three-family dwelling as a permitted use. As a condition to our support the Saint John Fire Department requires that the property comply with the National Building and Fire Codes, and we will be conducting a fire inspection to ensure that the three-family dwelling is free from fire and building code deficiencies. ANALYSIS: The subject site is located on the south side of Northumberland Avenue, almost directly across from Highmount Court in the Westmorland Heights neighbourhood of East Saint John. This is a residential area of one-, two- and three-family dwellings, most of which were constructed in the late 1960's and 1970's. The existing dwelling on the subject site appears typical of several others in the immediate neighbourhood. It currently contains three dwelling units, and there is a driveway to the side of the house and two gravel parking spaces in the front yard. The subject site is one of the larger in the 121 Brett Taylor Page 3 37 Northumberland Avenue Mav 1, 2009 neighbourhood, with approximately 873.3 square metres (9,399.7 square feet) of area and approximately 24.11 metres (79.1 feet) of frontage on Northumberland Avenue. Neither the Planning Department nor the Building and Inspection Services Department have any files on record to indicate when the building on the subject site became a three-family dwelling, and the applicant recently purchased the building as a three-family. Of the 28 dwellings on Northumberland Avenue, nine are currently assessed as three-family dwellings, although only two of these are appropriately zoned. The dwelling at 40 Northumberland Avenue was rezoned to "R-4" Four Family Residential in July of 2005, and the dwelling at 18 Northumberland Avenue was rezoned in January of 2007 to recognize their existence as three-family dwellings. Both rezonings were subject to Section 39 conditions limiting the use of the property to a maximum of three dwelling units. Three dwellings on McLaughlin Crescent have also been rezoned to "R-4" Four Family Residential. Planning records do not indicate that any issues with the existing three dwelling units have been reported. Adjacent properties on either side of the subject site contain similar size buildings, one with two dwelling units and the other with three dwelling units. The properties to the rear of the subject site, at 28 and 30 Barbara Crescent, contain 2 dwelling units and I dwelling units, respectively. The current owner became aware of the discrepancy between the permitted and existing use of the building when it was purchased in 2008, and wishes to have the existing use of the subject site as a three-family dwelling recognized as a permitted use. He has indicated that he does not plan any changes to the site or dwelling. As the City's Zoning By-law does not contain an "R-3" or Three Family Residential category, the "R-4" Four Family Residential zone is being proposed for this site. Common Council may, however, limit the maximum number of dwelling units to three as a condition of the rezoning pursuant to Section 39 of the C'onmaimith Phuming Act if it decides to approve the application. The subject site and dwelling meet or exceed all of the Zoning By-law standards for the "R-4" zone. Although the existing three driveways/parking areas are not ideal, they are in existence and provide adequate off-street parking for the three dwelling units. Due to the slope of the lot, both from east to west and from front to back, this seems to be the easiest means of providing off-street parking, however, four cars could likely be accommodated in the driveway on the west side of the dwelling if necessary. CONCLUSION: The existing use of the dwelling appears to fit in with the overall neighbourhood. Approval of the requested rezoning can be recommended on the basis that the third dwelling unit has likely existed for some time with few or no apparent problems and with no known complaints. Additionally, approximately one-third the properties on Northumberland Avenue currently contain three dwelling units, and the subject building and property are large enough to accommodate the third unit. While rezoning to "R-4" Four Family Residential to recognize the existing use of the site is considered appropriate, it is recommended that the use be limited to a maximum of three dwelling units within the existing building and that the applicant immediately obtain a Change of Use permit as recommended by the Building and Inspection Services Department and the Fire Department. SH Project No. 09-102 122 J PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT e'~ I u a I" I ~R2 q L _ L o e * ~ u Subject Site/site en question: Location: 37 avenue Northumberland Avenue Date: April 15, 2009 Scale/echelle: Not to scale/Pas & I'Lschelle ~r a' qY ob n0 -6 m, c- ~ M l 123 i P ~c • s ~ A ~ ~~>e, %-A- PID(s)/NIP(s): 00314427 "s i ,r gb 4 ~m - 'PL FD p f it& I I PISR Caic Z A Jl, M2 P.1.D.NO, Legend 314427 Placed FbYRd Mgorur.d Dislance , Plan Di.l an.e.. Cdtcololyd 0;st.nc* ar A.imulh. Co-ordinal. Poi n1 Ref •r.rsi:.. SYrvay Mark.rr,ISJW} I rbn Pip.. (IPi trop Bar. (Ilil - Hydro Pola. 1 Ca lcYlal rd Ce-.rdl p. i I n.le Po A.{CaIC Ptj Cbw -trek Porn 1 . N.. Sr.aswl O Co -ordrvat. .MOnam.nl. Eas.m.et. A.1 --Ad ,Saa t.. _ Saovn Tdel res. "Ies I'IAzimoths refer to N.B. Grid North. . 2)AzimYIts B dl.lances re rounded 011.t0 the n.arisl to' a 0.01m ra.rp.etla.l Y. 5IAr.a of sYrrey oull iged I ha, oer.r0P.r I ph. r of i n ferlndi ion Is compiled rrom various .abr9.s % shoald b. verltr.d. 4JAII documenl 8 ptan rrt.r.ne.s-,refer to ih. R.9r.try 01T ic. for Ih. Co unly a1 satnf John. B}Azleaulhs & coordinal.. w.re d.rl..d from N.B. Grid Monuments ISM & 19040. 61AII Iles to fog Rdatlou. ` Cer li (i Galion is Not mode ae to t. of Ittl.. bei nq ih■ domain of a i.wy er, nor Ib the zoning by_atop... law or requl olio- s . being th. domain of d. rl ollicar. n1 F , Surveyor's Ge.riificaie I hereby certify fh. corr.c}n.ss o7 Ihls Plan 8 Ihat 1 hove 1 sr i.p nr. br the $url.yl Ac SVRVEYED BY ROBERT A.G, F[fLTON N.B.LS.- DATED JAN 14. J99>, _ SURVEYOR'S REAL PROPERTY REPORT for Joseph Bernier, ' Civic No. 37 Northumberland Ave., City of Saint John, County of Saint John, Province of New Brunswick. "Rep4rsm► trig arux m=doce. &Wb9%-.. ti +J X.7 q 57 ! I/j T _ -1 t 1/.r !I 7!/11 ~~A~/ "r- 125 N CD 127 Application for a Zoning By-law Amendment Jemande de modification a llarrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant/ Nom du demandeur Huohes Survevs & Consultants Inc. on behalf of Allan Mvers Mailing Address of applicant / Addresse postale du demandeur 575 Crown Street. Saint John, NB . Postal Code / Code postal E21- 5E9 Telephone Number / Numdro de tdldphone 534-1717 Home / Domicile Work / Travail 634-0759 Fax Number / Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Allan Mvers Address / Adresse 83 Hawthorne Avenue. Saint John. NB Postal Code / Code postal E2K 3S7 Property Information / Renseignements sur la propri6t6 Location / Emplacement Portion of 90 Park Street Extension 00027607 (oortion) Civic # / No de voirie Street / Rue PID /NIP Lot Area/ Superficie du lot Agrsrox. 90 so. metres Street Frontage / Fayade sur rue N/A Existing Use of Property / Utilisation actuelle de la propridtd Vacant Municipal Plan Land Use Designation Ddsignation de utilization des terres sur le plan municipal Low Densitv Residential Amendment Requested / Modification demandee Present Zoning / Zonage actuel R-4 Change Zoning to / Modification du zonage A R-2 and/or / ou Text Amendment (indicate particulars) / Modification due texte (indiquez les ddtails) 128 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition To adiust boundary between 83 Hawthorne Avenue and 90 Park Street Extension. which is also a zoning line. A Variance Aoglication has also been submitted for buildino height requirements (pendina on rezoning aporoval). Our client also orormses to move the existina babv barn on 83 Hawthorne Avenue and build a 2-storev aaraae with basement on Lot 09-01. Our client will be providina a utilitv easement across Lot 09-02 to provide utilities to the proposed aaraae. In the future, our client will orooose to build a 3-unit dwellina at 90 Park Street extension. This is not a part of this paplication. Our client would iust like the Citv to be aware this may be a future orooosal. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the properly, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a 1'echelle illustrant votre proposition, Vous pouvez egaeement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propriete, Pemplacement de la totalite des bdtiments„ des allies, des areas de stationnement, des amenagements paysagers et des panneaux de signalisation, II est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuvees. In order to have a aaraae to service both oroperties. in the short-term. This buildino will also address the difficult to~aphv, instead of having an extensive retainina wall the buildina will serve the same ouroose. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. Attached is a ohotoaraDh showina the improvements made at 83 Hawthorne Avenue when a variance was, previously granted by PAC between November 2003 and Februarv 2004. This improvement attests to the owner's quality of work. I Lk Signature of Applicant / Signature du demandeur f1A\1p Date au- Q'5 20 X $400 Application Fee Enclosed 1 Ci-joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire daps la partie the owner is authorizing this application to proceed ci-dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derniere ex rnee pa e conseil communal. Signature of {]owner (if applicable) Signature due proprietaire (s'il y a lieu) Date:, 129 APPROVALS /1~1 I 471 Kay Plan Gaper Nome All— aowaph NYC / 00a?7507 EfN ErkebVe 6Cta fe na r j 2672 .r/'+~\`y'1 ~ Ilrumt T ansfe ?87250$5 Rao 2009-05-15 \ avn Neme Ntan Jaeeph layers and Ronotda Pae&nt ttyars Frio. ~ 11-IN, Gale 2001-05-17 \ I\ \ \ 1 \ 1 \ Gulrwnsnl ; Tmnsftr / 15472165 RIO. 7003-08'30 ` Ganlrs / FoetpNnt of f1lrnlr t unit \ \ / Aso J 1dYtra Ron ld6 P. Myere Oweunq (approx. tacarwn} \ /J\, \ Noms Giracttans are N. B Orid eIfmvtM ded•0 from. a_P.S. otservaf~o wee R. F39 Pan 30 / \ \ 4rt N.e. Alyn's. (NAC1B3 0515 yaFUasJ t~ y PIO 00027551 aq ryalent: dnede n Mary 1,. Mahar Property \ z. rat awn.. era 3n -j_ . to w-ri to imparat by 0.3045. 13. Amo of 64rx1Y outti M thus Peripheral inl-tT.n train -iou$ towesa. Ctao 8 7 3 / q. A,4 d aM d pion mfarenaes refer la the Reg€stry Gftlm Ml ~ Few e ? 1Sbry So t John Coo ty 3 Nait e'ng 5. riald -Y *11P€11111 an Rtay 4 P~fS r1~1 / 09-02 ~ 6. All PutaP na perlcrmea and caeNGwtes whawn an lhla plan V7 ` yFads \ era bosld on X_ BrOrswict Stanagraph'm O.Ale P- tToo and / BN l 2 NR1553(CSRS) E4opa ,q e, mefemd by 5lrviaa New 8runanfak awdnnt. eu ry monw3rants. sg ' AIIan J'PM er5 Pr0 err s4 Pla 271g~' 7. Pored R l1 B. ce -eiiaatld ailn AI!an J= and Roneld0 P.. lfyere F ert,~ Prop rty (P 1.6. 26627151) to farm Lot 69r01. Pare11 Ia not to y P Y Stephen Al6 yr. jjj ne rn~ay d os d Pa oie eoiidi" lot, ae el. F34 FI- 145 Mar 010 60027515 y y ,1a-Ann Galla nt Tracy L. and Paul P. , and Brion A. Morell _ \ Sl. Coeur Property g~ Property Put'aos. Of Plan \ / Ja pee, 417439 Vol. 1925 Pg. 132 4 Reg. IS97-00-16 030 06027/18 to emote tills 09-01 Wort 09-02 Parcel "A" x r Allan J. and Ronelda P. Myers \ j Y Property / New Brunswick Grid Ca-4rdinote Values -I ~/(`p reposed 2 Slan}y ~r'S5rt+~r g ( th Bas eme V ~ ~ Y Nln w ks. ~ ( Garage ~ bp9 -1 7 m2 * 1::c!=- OwelfPng I 'X (a Ppm.. 1- 40.) y Cathrine A. and Joseph H. Gould \ Property \ \w\ pee, 375579 Yol, 1577 Pg. 299 dO IZ Swb Faxro. MPB.a Tentative Plan ~O j Allan and Ronaldo Myers Property, Hawthorne Avenue, City of Saint John, - antra U. New Brunswick a aa~rro irva tar raga `4 i aln~tlad G tract 6 Ca-6rcnat. Pwt ~ / 2[UCT{$S 9VRVEYS de CONSULTANTS INC.. ® axtle+. Sievy Mc.n.r Pfxad / 8 Me, 17. 2600 q _ wa c.a a-Prdl~la uann+ yj t Surveyed by nose a s,rert tew "y~ •l` ft Surveyor Proyarb u"a \ ~ e New lronwwteic Lo:,d Svrvayar 8 s No - Fab r 6®-9rd'+wb Pacn6 °r 74 10 - -a s.a.xy u«w rawa 1 309r-.rtiir a Pya ra a m ryr, 7 ~ _ a bwr Bee F-4 % /r 4` Uwq 509036 0 ele No. 2004 I Togas p~sk N4 aaatra Piet /J /[jam f✓ % G ® , ra~naxw., / ~ \k ! ;Tor. ry 1706" o~. - ev- rra. _y ~ ~ \ ~ B.E,S, Y5-075-R ( l 0/08 T2C,NW(27 s I I 130 rn ~i Stairs _L Down A rti n 1/2 Wall-42° H~yh f l 02 9'-I, 1B' 9" t x w tj I ' s.? to N A p `p !mh x b g~ t; o o ® _ x U'l all r,7 C1 5.4, = 40' x 55 6' 8' 22' f 36, , FLOOR PLAN TOP FLOOR CONSTRUCTION NOTES: 1) All Framing Practices To be carried out in accordance with any and all Federal and Local Building Codes. 2) All demensions to be checked and verrified by Contractor before work commences. any deserepancies found to be reported to the owner, or designer, 3) Exterior Walls, 2 x 6 studs at 24" O.C. Sable Ends, 4) Exterior Load Bearing Walls, 2 x 6 studs of 16" O.C. 5) All Lumber To Be Kiln Dried To Minimum 19% Moisture Content. 6) Submit Shop Drawings For Trusses- Stamped By An N.B. Registered Profeslonal Engineer. a' Stairs - Up Stairs -----------max Dawn J - - - - - - L R.S.4.x98" x 83' A CS A) g 9' x cn N ® r} 7) Any finished grades shown on drawing are schematic only and must be verified by contractor on site, Any major changes to grades must be brought to the attention of the owner for options. All finished grades to slope away from house. B) All concrete footings and slabs to be cast an Undisturbes Soil or Granular Fill compact to 95% Modified Proctor. 9) All Window sizes and styles shown are based on ALLSCO WINDOWS, supplied by The Windows Shop. Rothesay N.B. Any changes in window sizes or styles, must be approved by the owner or his representative. 36' FLOOR PLAN MlbbLE FLOOR NOTE All Gonstruebon to be Carved Out in Accordanc€ With all Federal And Local Building Codes. It is the Rasponslhility of the Builder to Check all Dimensions and Report any Errors or Omissions to the owner Before Construction. bFawn FGY':°: Mr.ALLAN MYERS 83 Hawthome Avenue SAINTJOHN N.B. wry:; s~ie 03/49 11 1'° = 6'-0 R.S. SHEPHAiRD 131 ROOF Trusses by Shamrock TOP FLOOR floor slabs 18' MIDDLE FLOOR i3 1I 12'9° floorslobs ~ C2 _ \ rn I~ I ~~6-e-i p up - - - Storaee Iw o i I I N o Opening 34' x 80 i ~ Ik 9, 18' T I I I 1 x i l ~ I ° I LOWER GARAGE I 1 f~~ x to Slope Floor 3" to Door c(o I I I I ® I I I L---------------------- I I ~ I i---------------------- =------------I 36' FLOOR PLAY BOTTOM FLOOR NOTE..: All Construction to be Carried Out in Accordance With a4 Federal And Local Building Codes. It is the Responsibility *fine Builder to Check all Dimensions and Report any Errors or Omissions to the Owner Before Construction. nrewn ror::: uarc:: xaic=- WALLAN MYERS 43/09 1" ° 6. c 83 HawthorneAv~ R.D. SHEPHA3M SAINT JOHN N.B. 132 Idye Vert R- of S5,Mglei. r y I I I I! 1 C3 I ~fl III I r If II I - II . 'll I ~I I~ II I, - -II I , I I I I I f E [ I I i I ! I I I I I I I I I I i I i I I I I I I I I I FRONT ELEVATION NOTE:'..- All Construction to be Carried out in Accordance With all Federal And Local Building Codes. D.- It is the Responslbilfty of the Builder to Check all I'4r'Ir.ALLAN MYERS 03/09 { 1/4" =1'-0" Dimensions and Report any Errors or omissions to the Owner Before Construction. 63 Hewthome Avenue R.B. SHEPHARD SAINT JOHN N.B. 133 RIGHT ELEVATION I 12, 10 k4: 1\ 6 i , L-1 ~ ~ ~ ICI ICI ~ - Iol f~1 Ill U fol n F=- I of s ~ ICI ICI ICI l~l ~ l 1 4' FROST WALL E { REAR ELEVATION Ni kionsuucuon to oe uwriaa min in /4000foaflCe - : orawn.F~~:.; With oil Federal And Loll Buliding Codes. Mr.ALLAN MYERS 03/09 11 1/4" = V-O" It is the Responsibility of the Builder to Check all -y:: Dimensions and Report any Errors or -1p":: Omissions to the Owner Before Construction. 83 I-kswtharaie Avenue R.B. SHEPHAR.D SAINT JOHN N.B. 134 f Front Before 10, f r t ~_1 r~ ria ! ~a pill Back Before 135 During Construction M ?ter„~* 1 v I 1 Y r ' ~ w~0 n S~ g ,u P I P ' f . , V Finished _h i vr, Id'r Ir^ I~up MIm .,wo, o l~,I,I V l~ 1, . V ,1; y , v v 10. u. ~ , Illt 136 City of Saint Jahn INTERNAL INSERTION ORDER For City of Saint John use only: Buid et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account #'71.206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 674-4214 Special instructions (if any): Reference: 83 Hawthorne Avenue and 90 Parks Street Extension - Zoning By-Law Amendment Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad Date(s): April 14, 2009 May 5, 2009 " SJTJ Independent Placement Date(s): " SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice © Tender Proposal 19 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Cotmnon. Clerk/Gref'fiere communale Contact: Kelly Tibbits Telephone: (506) 6582856 137 PUBLIC NOTICE 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, May 11, 2009 at 7,00 p.m., by: Rezoning a parcel of land with an area of approximately 90 square metres, located at 90 Parks Street Extension, also identified as being a portion of PID No, 00027607, from "R-4" Four Family Residential to "R-2" One and Two Family Residential, as illustrated below. REASON FOR CHANCE: To permit the consolidation of the parcel of land with the property at 83 Hawthorne Avenue and the construction of a detached accessory building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the uffice 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, AVIS PUBLIC Par les pr6sentes, un avis public esl donn6 par lequel le conseil communal de The City of Saint John indique son intention d'eludier la modification suivantc a 1'arrbt6 sur le zonage de The City of Saint John, fors de la reunion ordinaire qui se tiendra daps la salle du Conseil le lundi 11 mai 2009 619 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 90 mores carres, situ6e an 90, rue ext. Parks, et slant aussi une partie du N1D 00027607, de zone rksidenticlle - habitations de quatre logements riR4n 6 zone rWdentielle - habitations unifamiliales et bifamiliales i<R-2», comnte le montre la carte ci-dessous. RAISON DE LA / MODIFICATION: Permettre la consolidation de la parcelle de terrain et de la propri6t6 situ6e au 83 avenue Hawthorne et la construction d'un biitimenl accesso-ire dctach6. Toute personnc im6ress6e pent examiner le projet de modification an bureau du greft3er communal. ou an bureau de Vurbanisme et du 6veloppement a 116tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections an projet de modification par &ril 6 ['attention du soussign6 a 116tel de ville. Elizabeth Gormley, Common Cl: rk Elizabeth Gormley, Grelfi&re communale 658.2862 658-2862 ' I IM1 " 1 I t 138 PROPOSED ZONING BY-LAW AMENDMENT RE: 83 HAWTHORNE AVENUE AND 90 PARIS STREET EXTENSION 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, May 11, 2009 at 7:00 p.m., by: Rezoning, a parcel of land with an area of approximately 90 square metres, located at 90 Parks Street Extension, also identified as being a portion of PID No. 00027607, from "114" Four Family Residential to "R-2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the consolidation of the parcel of land with the property at 83 Hawthorne Avenue and the construction of a detached accessory building. 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 maybe sent to the undersigned at City Hall. Elizabeth Gormley, Compton Clerk 658-2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 83, AVENUE HAWTHORNE ET 90, RUE EXT. PARIS Par les presetes, un avis public est donne par lequel le conseil communal de `rhe city of Saint John indique son intention d'etudier ]a modification suivante ~ 1'arrete Sur le nonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra daps la salle du conseil le lundi 11 mai 2009 a 19 h : Rezonage dune pareelle de terrain d'une superficie denviron 90 metres carres, situee au 90, rue ext. Parks, et etant aussi une partie du NID 00027607, de zone residentielle - habitations de quatre logements <<R-4» a zone residentielle-habitations unifamiliales et bifamiliales <<R-2», cornme le montre la carte ci-dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre ]a consolidation de la pareelle de terrain et. de la propriete situee au 83 avenue Hawthorne et la construction d'un batiment accessoire detache, 'route personne interestee peut examiner le projet de modification au bureau du greffier communal ou an bureau de l'urbanisme et du developpement a I'h6tel de viIle au 1.5, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries, Veuillez faire parvenir vos objections au projet de modification par ecrit a I'attention du soussigne A. ]'hotel de ville. Elizabeth Gormley, Greffiere cornmunale 658-2862 139 a1140MIti 0 ~r BYLAW 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 with an area of approximately 90 square metres, located at 90 Parks Street Extension, also identified as being a portion of PID number 00027607, from "R-4" Four Family Residential to "R-2" One and Two Family 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. 2009 and signed by: Mayor/Maize ARRETf 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 nonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de I'amrexe aA», Plan de zonage de The City of Saint John, pertnettant de modifier la designation pour une parcelle de terrain d"une superficie d'environ 90 metres carres, situee an 90, nie ext. Parks, et etant aussi une partic du NID 00027607, de zone residentielle - habitations de quatre logements a(R-4r, a zone r6sidentielle - habitations unifamiliales et bifamiliales r(R-1) - touter les modifications sent indiquecs sur le plan ci Joint et font partie du present arrete. EN FOI DE Q!UOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/Grcffierc communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 141 May 6, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application - 90 Parks Street Extension On Tuesday, April 14, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its May 5, 2009 meeting. Mr. Rick Turner, Hughes Surveys & Consultants Inc., and Mr. Allan Myers appeared to speak in support of the application. Mr. Turner requested that the variances for a detached garage be tabled to allow time to meet with City staff and revise the proposal, however, he wished to proceed with the rezoning application. Mr. Turner pointed out that Mr. Myers wishes to enlarge his property at 83 Hawthorne Avenue by adding a portion of property from 90 Parks Street Extension. This requires that the zoning line be adjusted to match the new property line, and this is the reason for the requested rezoning. The applicant wishes to proceed even if he is unable to constrict the detached garage as planned. No one else appeared to speak regarding the application, but one letter of support was received by the Committee. After considering the applicant's presentation and the attached report, the Committee made the revised recommendation as set out below. The Committee also tabled the requested variances to allow the applicant to revise the proposal. RECOMMENDATION: That Common Council rezone of a parcel of land with an area of approximately 90 square metres, located at 90 Parks Street Extension, also identified as being a portion of PID Number 00027607, from "R-4" Four Family Residential to "R-2- One and Two Family Residential. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09-104 142 DATE: MAY 1, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 5, 2009 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. on behalf of Allan Myers Name of Owner: Allan Myers Location: 90 Parks Street Extension and 83 Hawthorne Avenue PID: 00027607 and 00027888 Municipal Plan: Low Density Residential Zoning: "R-2" One and Two Family Residential and "R-4" Four Family Residential Proposal: To rezone an 87 square metre parcel of land from "R-4" Four Family Residential to "R-2" One and Two Family Residential, and to constrict a large accessory building at the rear of 83 Hawthorne Avenue. Type of Application: Rezoning and Variances to: a) increase the maximum permitted cumulative ground floor area for an accessory building from 60 square metres to approximately 93.7 square metres; and 143 Hughes Surveys & Consultants Inc. on behalf of Allan Myers 90 Parks Street Extension and 83 Hawhorne Avenue Page 2 Mav 1, 2009 b) increase the maximum permitted height for an accessory building from 4.3 metres to an average height of approximately 8.8 metres. JURISDICTION OF COMMITTEE: The C'ommimith Plaw ing Act authorizes the Planning Advisory Committee to give its views to Common Council concerning a proposed rezoning application. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, May 11, 2009. The C'ommimith Plaw ing 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: 1. That Common Council deny the rezoning of a parcel of land with approximately 90 square metres, located at 90 Parks Street Extension, also identified as being a portion of PID No. 00027607, from "R-4" Four Family Residential to "R-2" One and Two Family Residential. 2. That the Planning Advisory Committee deny the requested variances for a proposed accessory building at 83 Hawthorne Avenue. BACKGROUND: On August 19, 1993 the property at 90 Parks Street Extension was rezoned from "R-2" One and Two Family Residential to "R-4" Four Family Residential to recognize the existing use of the property as a four-family dwelling as a permitted use. On October 15, 2003 the Committee granted a variance to permit a covered porch to be constricted on the front of the dwelling at 83 Hawthorne Avenue, approximately 3.66 metres from the front property line. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering is unclear if the proposed stricture will have a residential purpose. It should be noted that only one water and sewer connection is provided per parcel of land. Therefore, this stricture will be unserviced. Buildings and Inspection Services notes that engineered drawings would be required for the proposed stricture. 144 Hughes Surveys & Consultants Inc. on behalf of Allan Myers Page 3 90 Parks Street Extension and 83 Hawhorne Avenue Mav 1, 2009 Saint John Fire Department has no objection to this application for a variance to allow for the constriction of a detached garage for this residential property. It would appear on reviewing the submitted plans that there is a residential living area on the second and third floors of the detached garage and, as such, the Saint John Fire Department notes that the National Building and Fire Codes provide direction with respect to appropriate fire separations. It is our understanding that hot works or hazardous materials are not part of this application, otherwise we would have appropriate comments in this regard. ANALYSIS: Subiect Site and Area The subject sites are located on Parks Street Extension and Hawthorne Avenue in the City's North End/Mount Pleasant Area, between Parks Street and Sandy Point Road. The immediately surrounding area contains a variety of older homes and small bungalows, generally located on small, urban lots. The subject property at 90 Parks Street Extension contains approximately 780 square metres (8,396 square feet) of area and is currently vacant, as the dwelling on that site burned and was demolished in September of 2008. The subject property at 83 Hawthorne Avenue, which backs onto the other subject property, contains a two-storey single-family dwelling with a narrow gravel driveway and a small shed in the rear yard. This property contains approximately 610 square metres (6,566 square feet) of area. Proposal Both of the subject sites at 83 Hawthorne Avenue and 90 Parks Street Extension are owned by Allan Myers, and he is proposing (throu(-.,h Hughes Surveys & Consultants Inc.) to subdivide an approximately 87 square metre (936 square foot) parcel of land (shoirii o» the attached te»tatiiv subdil,isio» pla» as "Parcel A from the property at 90 Parks Street Extension and consolidate it with the property at 83 Hawthorne Avenue. As well, he proposes to rezone "Parcel A" from "R-4" Four Family Residential to "R-2" One and Two Family Residential so that the enlarged property at 83 Hawthorne Avenue is consistently zoned for its entirety. The purpose of enlarging the property at 83 Hawthorne Avenue appears to be to create sufficient space to constrict a large accessory building at the rear of the property. The proposed building, as shown on the attached plans, is a four-storey garage with access from both of the subject sites. Zoning and Subdivision By-law Standards The proposed rezoning of "Parcel A" from "R-4" Four Family Residential to "R-2" One and Two Family Residential is permitted under the area's Low Derasith Residential Municipal Plan designation, and is in keeping with the remainder of the neighbourhood. 145 Hughes Surveys & Consultants Inc. on behalf of Allan Myers Page 4 90 Parks Street Extension and 83 Hawhorne Avenue Mav 1, 2009 The proposed subdivision of "Parcel A" meets the requirements of the Zoning By-law, as both of the subject sites will meet the minimum lot size requirements for their respective zones following the proposed subdivision and a Land for Public Purposes dedication is not required. The proposed subdivision does not require approval by the Committee or Common Council as the Subdivision By-law states that: "Notwithstanding any other provision in this By-law except subsection (3), where a subdivision would increase the size of an existing lot by including an area of land from an adjacent property, the Development Officer may approve the plan of subdivision, provided the adjacent property being reduced can still meet all applicable lot standards." The proposed garage at 83 Hawthorne Avenue requires two significant variances to: a) increase the maximum permitted cumulative ground floor area for an accessory building from 60 square metres to approximately 93.7 square metres; and b) increase the maximum permitted height for an accessory building from 43 metres to an average height of approximately 8.8 metres. While the Committee regularly considers applications to increase the maximum permitted height and/or cumulative ground floor area for accessory buildings in residential zones, variances are not normally granted unless the requested variance is relatively minor in nature, or there is ample space and a vegetative buffer between the proposed building and surrounding residential properties. The stricture currently being proposed is significantly large than what is permitted by the Zoning By-law, approximately 156% larger and with an average height approximately 205% taller (although the side of the garage facing Parks Street Extension would be 319% taller), and is in no way appropriate. The proposed stricture would tower over adjacent residential dwellings on Parks Street Extension and cannot be considered "accessory" or "secondary" to the two-storey dwelling at 83 Hawthorne Avenue as is the intent of the By-law. CONCLUSION: Given the inappropriate size and height of the proposed accessory building, its likely impact on the surrounding residential properties and the obvious inconsistency with the intent of the Zoning By-law, the requested variances are not supported. The proposed rezoning of a portion of 90 Parks Street Extension noted as "Parcel A" appears to be intended only to facilitate the constriction of this building, and would result in a reduction of lot area for a property which may, in the future, contain four dwelling units. As a result, approval of the rezoning is not recommended either. SH Project No. 09-104 146 PLANNING AND ICEVELOPMEI'''ITIU RBANISME E'T DtVELOPP"EM :ITT l /J r 1 i /i rr,r • a,+,s.l+°`~ 143"" r, •~a`r F ,M- pOa frY• n wi . ° V a• i i as n i a w f ~ +r~ +n f "s a ar`Z 4 ~Y i Q ~it f ,h ` ~ a• ® ra i 1• . e ; ^ - a• 4r e r R r;It ? A • + i 'r 4FlCt8~ P K r 1A P 0 O W SZ'-23 ~ *fir " PID(s)/NIP(S): Subject Site/site en question: 00027607,00027888 location. 90 Park°s Street Extensiont 83 Hawthorne Avenue Gate. April 15, 2009 Scale/echelle: Not to scale/Pas a 11echelle i 147 APPROVALS i t s Fmlp6.t .1 forma 4 unn D.sifng (.pPros. \ laa.r..) \ Area of Survey see n!. F39 Pion 20 ti MD 90027580 \ Mary L. Mohor Property v ti cm. j 90 ~ rumv 1 ~2 Slory ti ` 'tL \ 3 x 090 m2 +.wR``~nf eff. no 00027607 ~g Allan J. Myers Properly ate ~ f34 Plan e45 yy Pit) ON27915 a Tracy l., and nd Paul P. °-SL. Coeur Property iparnl aim s J; Pr.paa.d enSb with 13os 1 'I- 11D 27056 Slephen Albert,-' Mary Jo-Ann Gallant and Brian A, Moral[ ~Property Doc. 417439 vol. 1925 P9• 1Sx P!D DDa37886 R.3. 1997-09-15 Allen J. and Ronalda P. Myers Propertry~ 09_0i 601 m7 a ~al.a / 83 `f9 Eel V.g 01..67.9 {.pproe. IbeA4.a) Cothrine A. and Joseph H. Gould Property Legend a... fsxe P..t PbE+d • Raw ..n e~ Faw o1sN Sen+~9 uea~r f1x.d 13 H-- N& ape rs-ois at. pen.mese labvbad to-l».m ~r ~ _ sla.r.s swvsY keePU rew 4 - .an Pb+ Saw r _ HuM ~ ew rs~e S7H573 vol. 1577 P3. 394 -111 R.g. 1992-06-02 / F ~er ~f(J 7r ~~s rj a` / a1 ~ / / ~ L 4 Nd. 0 9 St , A G Key ..Plan se.x is is,Ddo Renierrn3inn lWn Omer Nome Mon 4 .e ph ky- P.I.D.: 00027607 Eff-V. 9.I.: 2003-a1-12 Ihelru-d ; Trnn.ler j 26725086 Reg. 2009-01-15 an'nar Name : 7sl.n Joseph my.- and Rarwld. Pauline Myers PAD.: 90027607 Eife.live 9.IC : 7003-05-t7 I lnsW 1 ; Tmnsf.s j 16472368 R.D. 2903-96-311 ~M Al- J. Myers R.n.lda P. Myers NOTES 1. Vincdk AS ere N- U. Ord . r-ffi. d.0.d from O.Y.S. alrs.n i- an N.& kan's. {NADH3 C4RS V.lusa) 2. M d;slcnGSa ere r. metrsa , to -It la MPaliai eg~avplanl. d'~ride by 0.3048. Arses of survey aW-d thus PerPr-W MlomwOan c.mp2M from v.riaus wuress. i. An document ..d plan se(arrneea refs, t. U. Registry Office fer S..nt JMn County. S, f7wd survey 4ampke - M-Y 6, NI putalwns Pedonned .nd aaarglrwles shown on this pAcn .re based on New lfrun.wak St.raegraphk O.ubl. P aj-fi.. -d the NAD83(CSRS) Ealp..td b. re.6ted by S.n . N.. e-1.k 4.prdinale .-y monuments. 7. Parent A' to be -4ld.itd rith All.. J..nd Ronald. P. !Ayer. Prop Ay 00027888) 1. roan L.t 09-01 Parcel 'A is .9t 1. b. a y d a nsP.n.t. builFm9 lot. P"- of Plan t. eat. t.t. 09-01 and 09-0Z New Brunswick Grid Co-Ordinate Values Ste. x y Rmk... I Scd. Filar A.o1-N ~ a Tentative Plan I Allan and Ronalda Myers Property, Hawthorne Avenue, City of Saint Jahn, ; New Brunswick C.,tifxd Correct NUGHrS NtMC YS Y CONSULTANTS INC. Y S.""- by M., 17. 2004 Dal. Surveyor Naw Btues.ick Land Surveyor j A 6 0 6 12 111 24 ' 1 3806 mat rs 09678 A/i.k N.. x pas IAU Na ( 0 9 5 ~x g ! yy { 4n✓. D,E.S ' ,O0 Y4-93H-R ~ rtCV Ne. ~ E/0$-T2C MY(~ Y lb Y ~ 7 T!`( r The City of Saint John May 11, 2009 His Worship Mayor Ivan Court And Councillors Re.: Legislative Changes to the City of Saint Jahn Pension Plan Your Worship and Councillors, In recent media coverage regarding proposed Legislative Changes to the City of Saint John Pension Plan, MLA Trevor Holder noted that formal request has been to his office to put forth a private members' bill for changes. I understand that no local MLA's has received a formal request. It would seem reasonable that all regional MLA's be formally asked of their interest in such an undertaking and to further ask what information would be required and what are their expectations of council on this matter.. Motion: that Council send a letter to the local MLA's inquiring of their interest in putting forth a private members bill to effect changes to the legislation for the City of Saint John Pension Plan. Further, that they provide council with: 1) information required; 2) process to be undertaken; and 3) in general what their expectations are on this matter. Response to this inquiry be made in writing by May 30, 2009. Stephen Chase Deputy Mayor (received by email) SAINT JOHN P.O. Box 1971 Saint john, NB Canada. E2L 4L1 ~ www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 149 C~.a f 4 2009 The City of Saint Jahn Your Worship and Members of Common Council, Subject: Comprehensive Review of Fire Services The City of Saint John provides a very high level of Fire Protection and Emergency response services. Over 20 million dollars are allocated and these funds allow the Fire Chief to manage and operate these vital services. The strategic location of fire stations and the deployment of numbers of firefighting companies have allowed our city to enjoy one of the most favorable I.A.O ratings in the country. This rating is shared by only a small number of cities/Fire Departments. It is my understanding that on a scale of 1 (Low) to 10 (High), we rank 2. The rating translates into a lower fire insurance premium to property owners in our city. As with all services we offer, costs increase each year. The budgets for Fire and Police continue to increase at a greater rate than most other city services and are approximately 35% of the operating budget. Town Hall meetings seem to suggest a greater need/want to maintain/increase the level of policing services that are currently being provided. There has not been the same need/want regarding the level of Fire Protective Services. It is my understanding that the cost per capita for Fire Protective services has Saint John with the highest spending level in New Brunswick. There are many reasons why Saint John spends more than others (per capita) on Fire Services. The risk analysis that have been conducted over the years: housing stock, industrial, institutional, size, equipment required, water availability etc. I would suggest that notwithstanding the analysis, in reality the money spent comes down to desirability and affordability. In other words, what level of service does the community desire and what can the City afford. There may be a point (or we move it a sustainable budget and tax rate) where the community is prepared to accept a level of service together with the risk associated with this level of service. Value for money is, and must be, the center piece for all services offered and provided to our citizens. Motion: The City Manager instruct the Fire Chief to conduct a comprehensive review of the Fire Protective Services that are currently being offered and further The review shall produce various restructuring/realignment options, in priority, with the least consequences for reducing the current cost of providing service to our citizens; and further SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B, Canada E2L 4L1 150 i The city of saint John The review examine/consider the consolidation of fire stations, integration of fire services, possible volunteer firefighters, a change in response policy, medical assistance calls, technological changes/initiatives and any other measure necessary to reduce costs; and further The report, due in August 2009, include how to above will affect I.A.0 rating and if this can be translated to fire premiums for the average residential property in Saint John. Respectfully Submitted, Councillor Titus SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 I vwvw.saintjohn.ca j C.P. 1971 Saint John, N: B. Canada E2L 40 151 r2 a The City of Saint John May 11, 2000 Your Worship Mayor Ivan Court & Members of Common Council: Re: Municipal Ownership of Derelict Property As we begin discussions with Provincial officials concerning Derelict Buildings By-Law there may be the opportunity for the municipality to investigate taking ownership of such properties. Once a building is demolished, Council, for example, could make application to the Minister of Local! Government for a derelict building certificate which would only be issued by the Minister to the municipality if in its opinion there is a satisfactory plan for redeveloping the demolished property. Possibly in partnership with our non-profit housing agencies we could begin to construct new affordable housing on such sites. Demolishing derelict buildings and turning vacant property into new housing growth has numerous 'urban change` benefits. Motion: That Councillor McGuire in discussion with Provincial Government officials investigate whether the municipality could apply for a certificate of registered ownership (pursuant to Land Titles Act) or a deed (pursuant to the Registry Act) which would vest in the municipality the fee simple absolute or absolute ownership to the derelict property. Respectful) submitted, Peter McGuire Councillor - City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 152 a k ae City of Saint Sohn May 11, 2009. Your Worship Mayor Ivan Court & Members of Common Council: Re: Vacant and Derelict Buildings By-.Law As a municipality and in partnership with the Province of New Brunswick, we begin to take action on the above issue, it will be imperative that we bring all of our municipal `strengths' to the discussion table. Patrick Woods represents one of our greatest municipal strengths. He is extremely well respected by a wide variety of Provincial government officials and departments. He has an extensive background in municipal and provincial negotiations. He is especially knowledgeable with the workings of the Department of Local Government which will be the key department as we move ahead regarding the needed legislation. Motion: That the City Manager assign Patrick Woods to join Councillor McGuire in the discussions with Provincial Government officials concerning the proposed Derelict Building By-Law. gztft* submit ed, r e 7PeterMcGui Councillor - City of Saint John SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I CA 1971 Saint John, N: B. Canada E2L 4L1 153 The City of Saint John May 4, 2009 Your worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Fellow Councillors: Subject: Position of Deputy Mayor When the City of Saint John chose the `Hard System over the at large, tradition was in need of some adjustments. It had long been the practice - if not the stated policy - that the councilor elected at large with the most votes would, as a matter of course, be elected to fill the position of Deputy Mayor. As all councilors know, the position is, in fact, open to any elected councilor but tradition is powerful. If council should choose to continue with this tradition, the councilors elected at large become the only ones capable of falling the position of deputy mayor. Choosing to run as a ward councilor effectively excludes a ward councilor from the passibility of ever assuming the deputy mayor's role. In order to reflect the fundamental equality of all councilors at the council table - regardless of the method of election - a new model is appropriate. With the first year of the current council coming to an end, now is an appropriate time to consider the deputy mayor's position as a one rotating among ward and at-large councilors. The Municipalities` Act requires the election of a councilor as deputy mayor; it does not dictate the manner in which such an election should take place nor does it suggest that the position, once filled, needs to be for the duration of a council's term. It seems appropriate then that a council fashion a process for filling the position of deputy mayor that best suits its reality. Motion: 'What Council adopt as policy the following schedule for the position of deputy mayor: At-large councilor with the most votes to serve a term of one year as deputy. In order ('Ward one to Ward four), the councilors receiving the most votes in their respective wards to serve 9 months each as deputy mayor. Respectfully submitted, (received by e-trail) Councillor Killen Jll i' SAINT JOHN P.O. Box 1971 Saint Jahn, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 40 154 The City of Saint John 5/7/2009 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: In support of Local CBC Radio we the Common Council of the City of Saint John send letters to our area MPs: Rodney Weston, Greg Thompson and Rob Moore, along with the President of CBC, Hubert Lacroix denouncing the proposed cuts to local radio and supporting the continuation of programming at the current resource levels. Planned cuts to our local CBC will have a dramatic impact on local programming. Investigative journalism, accountability journalism this kind of work will be nearly impossible. Saint John stories won't make the provincial newscasts, the regional newscasts or the national network. Local CBC commitments to the Saint John community and public service will greatly diminish. The Christmas remote at the City Market will probably disappear. The Harbour Lights campaign, which has raised one million dollars for local foodbanks, is now at risk of disappearing. CRC's sponsorship of local arts and culture events will suffer. There will be substantially fewer stories about local people, places and issues. As local politicians, I encourage all members of Common Council to support this important piece of our local culture and important contributor to our quality of life. I can't imagine Christmas in Saint John without the Harbour Lights Tree, Christmas in the Market with Breakfast served by Common Council, or the many stories of Saint John and Saint Johners that get carried nationally because of our local CBC Radio Station and its staff. Respectfully Submitted (received by e-avail) Gary Sullivan f yew , SAINT JOIN P.O. Box 1971 Saint John, NB Canada E2L 4L1 G vwwr.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 40 155 a I kie City of Saint John May 11, 2009 Dear Mayor Court; Members of Saint John Common Council: There is no doubt that all employees of The City of Saint John are a great resource of knowledge and experience. Motion: That Common Council convene a committee of Councillors to compose a questionnaire to be distributed to all our employees asking for input in to how The City of Saint John can find efficiencies and contribute to our City's fiscal, financial, social, and environmental futures. Respectfully submitted, (source verified) Patty Higgins Councillor City of Saint John SAINT JOHN P.O. Box 1971 saint John, NB Canada E2L 4L1 I www.saintjohn.ca ( C.P. 1971 Saint John, N.-B. Canada E2L 4L1 156 The City of Saint john it 8 May 11, 2009 Dear Mayor Court, Members of Saint John Common Council: As we are all aware, these are trying economic times. Motion: That all elected members of the municipality of Saint John, have our remuneration reduced by 5%. This motion would allow this 5% reduction to be in place for the next two years. Respectfully submitted, (source verified) Patty Higgins Councillor - City of Saint John t SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 4L1 www saintgohn.ca j C.R 1971 Saint John, N.-B. Canada E2L 4L1 157 May 11, 2009 His Worship Mayor Ivan Court And Councillors Re: Efficiency of Council Meetings Your Worship and Councillors, At the April 27, 2009 meeting Council passed the following resolution: "RESOLVED that the Common Clerk be directed to explore methods for increasing the efficiency of Council meetings and report with recommendations at the next meeting." Background Henry M. Robert, one of the authors of Roberts Rules of Order is quoted at the beginning of the 10th edition as follows: "Where there is no law, but every man does what is right in his own eyes, there is the least of real liberty." The present Council initially chose to meet weekly in order to process the great amount of work required. Council requested the Clerk to make recommendations to improve the efficiency of meetings and this was done in a report dated January 19, 2009 which is attached. Council then chose to have regular meetings every 2 weeks with a provision for either regular or COW meetings on the off-week beginning in February 2009. For the most part the agenda items for the meetings since February have been completed as scheduled, however the last couple of meetings the business was not completed requiring a continuation of the meeting the following week. Analysis The fundamental purpose of the Council meeting is to conduct the business of the City which is outlined in the agenda of the meeting. This is achieved through debate leading to decisions. Council has a procedural by-law to assist in conducting its meeting, debating, and reaching conclusions. The Clerk's role is to remind Council of the rules while the presiding officer conducts the meeting and ensures that the rules of procedure are followed. 158 Page 2 Start time - One obvious observation is that the later the regular meeting begins increases the probability of not completing the agenda that evening. In view of this the Clerk could ensure that items for Committee of the Whole that are expected to last more than '/2 hour be scheduled for an off Monday instead of trying to squeeze the time-consuming issues into a Committee meeting prior to the regular Council meeting on the same night. Consistency in the Application of Rules of Procedure - Suggestions made in the attached report of January 19, 2009 are still valid, however only if they are implemented with consistency. It should be noted that the Clerk advises Council on procedural issues, but does not implement and/or enforce the procedures. That task is the responsibility of the Mayor and Council. The Mayor presides over the Council meeting, and is subject to the same rules of procedures as the other Council members. Presentations -When scheduling delegations the Clerk's office notifies the presenters that the time limit is limited to 15 minutes exclusive of Council members' questions. While most presenters adhere to this limit, some are either given differing information on the limit or just ignore Council's rule (given through the Clerk's office). Delegations are presently not reminded of the time limit immediately before their delivery. The questions posed by Council members following a presentation often turn into comments which can use up debate time. Debate - Debate is defined by Funk & Wagnalls as: 1. "a discussion of any question; argument; dispute, 2. Deliberation, 3. A formal contest in argumentation conducted between persons taking opposite sides of a question..." During the meetings some Council members will often comment on an item only to agree with another member's comments, or to repeat what has already been stated. This is not consistent with debate and obviously consumes time. The Council meeting is for debate among its members with questions and arguments made to Council through the Mayor as presiding officer. Addressing questions in this manner does not mean that the Mayor needs to or is expected to respond. The Mayor conforms to the same rules as other members, that is speaking only twice on an issue, unless it is to rule on a point of order or similar duty as presiding officer. Reading from Prepared Text - Reading from prepared texts is not appropriate during Council meetings unless permission is granted by the members. Council members are required to submit their letters with motions stated in advance of the meeting to allow for all members to read the content. Only the motion itself is required to be moved and seconded, then proceed to the vote unless there is a Council member needs clarification or wants to express disagreement and/or add something relevant to the issue. (See attached clarification report dated August 14, 2006). Public - It was noted in the background information above that the primary purpose of Council meetings is for Council to conduct the business of the City through debate concluding with decisions. An important part of this deliberation is that it be open to the public, but not at the expense of productive meetings. Questions and comments made by members targeted directly to the media, the public or for political purposes are not appropriate during debate. 159 Page 3 Committee System of Governance - Council has given information on the Standing Committee System. Given the research completed by staff, it is believed that this form of governance greatly improves the efficiency and effectiveness of Council meetings and governance as a whole. The Standing Committees comprised of Council members perform preliminary work outside of Council meetings enabling Council to place more focus on policy issues. Procedural By-law - Council's procedural by-law came into effect in January, 2006. There may be areas within the by-law that Council may wish to amend, add, and/or delete after having had a few years experience working with the by-law. The procedural by-law introduced the consent agenda which allows several items to be approved at once contributing to the efficiency of Council meetings. Commenting on some of the consent agenda items has been a practice which is sometimes used as a means to address the public and/or media. This is not consistent with the intent of the consent agenda. Members' comments is an item on the agenda to allow Council members an opportunity to make brief comments directly to the public, then proceed to conduct the City's business. Popular Misconceptions There are a number of popular misconceptions that would appear to have crept into the culture of " Common Council Meetings", specifically: The meeting is an opportunity to speak directly to the public. The reality is that despite the fact that cameras are present, the meeting's purpose is to provide the opportunity for Councillors to speak to one another. The meeting happens in order for Council to engage in debate with staff or have their questions answered. The reality is that staff reports should contain all of the relevant issues on a topic. While some clarification may be required on occasion, the meeting does not provide an appropriate opportunity for Councillors to have significant questions answered. Homework must be done first and staff contacted so that Councillors arrive at the Council table fully versed on the issues. Every Councillor needs to/should speak to an issue to use up his/her 3 minute entitlement. Somehow some have fallen into this trap. The reality is this was never expected to be the result. If an individual Councilor does not thank the presenter, then somehow they are being rude. The reality is that the Mayor of the City is the spokesperson, and if he or she says "on behalf of all members of Common Council...." that should suffice. If consistently followed, then soon presenters and the public will accept that this is the way the system works. Because the procedural by-law states that the meeting is to end at 10:00 pm, then the meeting should not finish beforehand. Business meetings should be conducted as effectively and efficiently as possible despite the end time. 160 Page 4 Conclusion There are many areas where the Council meeting time could be more productively used which is described in this report, the August 14, 2006 report and in the January 19, 2009, both attached. The potential changes to the present practice considered individually may appear too insignificant to matter, but a few minutes used inappropriately multiplied by a number of Council Page 4 members then multiplied by several occurrences could add up to the amount of time required to complete the meeting on time. Recommendations 1. The Clerk schedule items with anticipated long duration for an `off Monday' 2. The Clerk schedule the procedural by-law for Council review for areas of efficiency opportunities 3. The Clerk schedule the committee system form of governance for Council review 4. Delegations and Council members are reminded of time limits and "questions-not comments", at the beginning of every presentation 5. The Clerk monitor individual members' debating times and advise the Mayor accordingly 6. A clock be placed at the podium for the benefit of presenters 7. Council members respect the Chair as leader of the meeting 8. Council members move their motions without reading text, and offer explanation only if requested 9. At the beginning of each Council meeting, the presiding officer remind Council of the time limitations for speaking on agenda items and the rules around debate 10. The presiding officer thank presenters on behalf of Council 11. The presiding officer follow the same procedural rules as other members 12. The procedural rules enforced by the Mayor and by other Council members if necessary Sincerely, Elizabeth Gormley Common Clerk Attachment 161 I'm City of Saint John January 19, 2009 His Worship Mayor Ivan Court And Councillors Subject: Frequency of Council Meetings Your Worship and Councillors, I have been asked by Council to provide some information and a recommendation on the frequency of Council meetings, and the following addresses the issue. Background Analysis 308 162 Recognize and respect the Chair as controller of the meeting Recognize the Chair as the official spokesperson for Council - for example the Mayor's thank you to presenters could be on behalf of Council In reviewing the Council packet, get clarifications by contacting staff prior to the meeting Restrict Council members' conversation with presenters to questions only - Restrict repetition of other Council members' remarks Strict adherence to the 3 minute rule Recognize that it is not a requirement to speak on every agenda item, especially if the Council member Intends to vote in favor Prohibit debate until all relevant information on an issue received - Require a summary of questions and summary presentation of Council members' letters Financial and other Implications Each Council meeting has interpretation, translation and meal costs of approximately $2,500. The Clerk's office is responsible for ensuring the proper environment and materials for Council to make decisions. Weekly meetings does not allow for appropriate and adequate preparation and review of documentation necessary to ensure accuracy of records which is the foundation upon which the Clerk's office functions. Conclusion Given that the budget process requires separate and exceptional deliberation, and that the individual Council members have some control in shaping the flow of the Council meetings, I believe that the business of Council can be achieved within a reasonable time limit as described in Council's procedural by-law with a bi-weekly schedule. Recommendation That Council approve the submitted revised 2009 Council meeting schedule reflecting regular Council meetings every 2 weeks to include public hearings and other agenda items, and with the provision for a Council and/or committee of the whole meeting as required on the "off Monday". Sincerel Elizabeth Gormley Common Clerk Attachment 309 163 Common Clerk's Office Bureau du greffier communal Nvwxv.saintjohn.ca P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada B2L 4L1 August 14, 2006 Information to Council Your Worship and Councillors, Procedure during Debate The following is meant to clarify for Council, the rules of order around the issue of permissible items for debate and reading during debate. As presiding officer, the Mayor is responsible to ensure that the meeting flows smoothly while allowing each Council member the opportunity to express his or her thoughts on the issues presented to the Council. It is reasonable that Council members would prepare notes on issues put before them, and would be expected to refer to those notes during debate. Speaking o topic Debate on issue must pertain to the motion on the floor and speaking notes must be restricted to the issue. Section 12.3 of Council's procedural by-law states the following: "When a member wishes to speak at a Council meeting he shall be recognized by the presiding officer before doing so. No member will speak on any subject other than the subject in debate." Reading during debate Council's procedural by-law is silent on the issue of reading during debate and therefore Robert's Rules of Order 10'h edition applies. The following is an extract from Robert's (pg. 286). "d. REQUEST TO READ PAPERS. If any member objects, a member has no right to read from - or to have the secretary read from - any paper or book as a part of his speech without permission of the assembly. This rule is a protection against the use of reading as 164 a means of prolonging debate and delaying business. It is customary, however, to permit members to read short, pertinent, printed extracts in debate so long as they do not abuse the privilege. If a member wishes to do so, he can, while speaking in debate, say, "If there is no objection, I would like to read [indicating the nature and length of the paper]." The member can then begin to read unless another member objects.* In such a case, at any time until the speaker has finished reading, another member can interrupt him by an objection, which must be addressed to the chair. Or, if the speaker desiring to read prefers, he can formally request permission: "Mr. President, I ask permission to read a statement [briefly describing it, as above]"; and the chair [page 287] then asks if there is objection. In either case, if there is an objection, the chair can, of his own accord, put the question on granting permission, or any member can move "that permission to read a paper in debate be granted." This motion requires no second unless moved by the member who made the request. Action of the assembly granting a request to read a paper can be reconsidered at any time until the reading has been concluded." Bourinot's Rules of Order, the rules which applied to the last Council refers to the issue of reading during debate as follows (pg 24). "A member speaking for or against the motion must not read from a prepared text, but may refer to notes." Respectfully submitted, Elizabeth Gormley Assistant Common Clerk 165 REPORT TO COMMON COUNC'IL Your Worship and Members of Council: SUBJECT: ACCESSIBILITY FOR CITIZENS WITH DISABILITIES BACKGROUND: On December 28, 2008, Common Council adopted the following resolution: "Resolved that the submitted letter from Karen Kincade, dated October 21, 2008, be formally referred to the Ability Advisory Board for a full and comprehensive report on all of the various topics; and further, that upon request, City staff provide the necessary support to the Advisory Committee; and finally, that the City Manager include in the proposed 2009 Operating Budget, to be considered by Council in January an increase in the allocation of funds to the Ability Advisory Committee in order to allow the Committee to properly carry out this task." Attached to this report is a letter from Council's Ability Advisory Board in which the Board. addresses each of Ms. Kincade's questions. The second part of the resolution deals with the Operating Budget of the Board. The initial submission to Common Council did contain a significant increase in the budget as directed. Unfortunately, financial realities dictated that Council was unable to approve many of the initial submissions from the Board as well as from many other groups. Clearly, the letter from the Ability Advisory Board brings to the attention of the City, those areas in which we can improve, and must improve. Having said this, there will be a direct cost to the taxpayers. Staff would suggest that Council should bear first hand from their Ability Advisory Committee. This is a huge issue and one upon which Council should hear directly from those most affected. RECOMMENDATION: The Common Council direct the Common Clerk to contact the Ability Advisory Committee and schedule an Open Committee meeting with this Committee so as to allow for a free flow of information. 166 21 Page Subject: Respect ' y submitted, Terrence L. Totten, FCA CITY MANAGER Respectfully submitted, 167 Saint John ABILITY Y~-DVISORY COMMITTEE IPA P)71,,S"~dn April 28, 2009 Mr. Terry Totten City Manager City of Saint John Dear Mr. Totten; This letter is an official response from the Saint John Ability Advisory Committee (SJAAC), as a result of your request for advice from the Committee through Barry Freeze in regards to matters of accessibility for citizens with disabilities which were brought to the attention of Common Council in letters from Mrs. Karen Kincade and Councilor Joe Mott. On February 3, 2009 our executive committee met and we would like to advise you and Common Council on the Committee's official opinion/response to the specific questions raised by Mrs. Kincade. 1. Do you believe that our community is representing this population fairly? Through partnerships with the SJAAC and City Staff/Departments, a number of accessibility enhancements have been made in recent years. Some of these include accessible sidewalk standards, inclusive play parrs, audible crossing signals at intersections, elevators and tactile numbers on a number of facilities, as well as the Disability Awareness ''Week town halls. These are huge accomplishments which deserve compliment. However, these are just scratching. the surface and significantly more work is required. Due to the age of our City and high demographics of those with disabilities, the short answer would be "no 2. Does the City's workforce closely reflect the current diversity of the population in the community, including citizens with disabilities? As this is a Duman Resources issue and our committee has no knowledge of the workforce composition data, we cannot make a determination at this time. We could be instrumental in providing or indicating diversity programs, equity policies and procedures. To have those policies in place makes good business sense. The SJAAC has given sensitivity training to City Staff in the past and would be happy to do it again. Furthermore, we wish to advise you of a new provincial program, 168 NB Employer Support Services, which offers free advice around hiring and accommodating workers with disabilities. Should you wish to take advantage of this service, please contact:. Kathy Bruens 1-888-350-2202 kbruens@employersupport.ca www. employersupport.nb. ca 3. How shall you ensnare that all buildings/businesses take the steps necessary to upgrade an existing/new facility and how shall you promote this accessibility awareness? Canadian & New Brunswick building codes are very out of date. New Brunswick is working on enhancing the building code and the upgrading of building codes within the city are currently in the 3rd reading. The city may wish to take steps to add these updates to their policies. Other potential recommendations could include developing an accessibility policy so that any future city buildings or meeting places involving the public will be totally accessible with all of the accommodations in place, Disability Awareness Week (DAW) Town Hall meetings, letters to businesses addressing concerns of citizens, educational campaigns, accountability and enforcement of existing codes, as well as having disability issues assessed with all matters that are brought before Council. 4. Does this City believe that there is a legal responsibility to offer programs and services to people with disabilities? What steps is the City taking to act upon the "Duty to Accommodate"? Under the Canadian Charter of Rights and Freedoms there is a legal responsibility to accommodate; however, we do not have the information required to make a detailed determination. It would be our recommendation to consult legal counsel. However, this shouldn't come to this level of debate, as accommodation is the right thing to do for an effective and inclusive community. 5. Where are all the recreational opportunities for youth with disabilities in this City?" City operated community centers are accessible to an extent but not totally. There are opportunities for people with disabilities in programming that is not run by city, but by the community. City Staff are prepared to support and train community recreation organizers in making the activities more accessible. Saint John has three accessible play parks, which is the most in Atlantic Canada. There are currently 2 sledges and 4 more ordered for casual skating and sledge hockey (partnering with minor hockey) to provide sledge hockey opportunities. FRO Kids also offers inclusive opportunities. Municipalities provide the hard resources (facilities) for organizations to offer programming and are available to provide inclusive training and support to community based organizations who 169 offer most programming for youth. Most opportunities are not operated by the city, but by community based organizations. 6. What is the status of accessible housing within our community? Due to overwhelming feedback at last year's DAW Town Hall, the SJAAC reestablished its accessible housing task force. The Task Force includes representatives from the community, housing, long terra care, and the Regional Hospital. The committee has demonstrated the need for more units and for those with supported living options. We have also looked at a number of models. Our recommendation is that the City establish regulations for the numbers of barrier free units, as part of its affordable housing initiatives. The Committee is at a standstill and would like to request direct support from City Staff in the next phases of its work, which includes a public session to gather interest and the development of a full proposal for development of our proposed projects. Volunteers on the Committee are unable to move the projects forward without increased administrative and project management support. We would be more than happy to discuss any of the aforementioned issues with you or directly with Mrs. Kincade. We will wait for further direction from Council. As you are aware, the SJAAC is an Official Standing Committee of Saint John Common Council responsible for advice and recommendations regarding disability issues. Prior to receiving this request, we were planning on requesting an in-person meeting with. Council for a variety of reasons; therefore, we would like to make this official request at this time. Topics to be included would be an overview of the SJAAC and its role and accomplishments for Council and Senior Staff, need for enhanced disability sensitivity training for Council members and Staff, the possibility of having a designated person/office in City Hall responsible for inclusion programs, employment equity, annual report cards, advice to councilors, town hall meetings, etc., as well as the need for a community wide accessibility/inclusion strategic plan. Due to changing demographics with the aging population, industry trends in accessibility and limited inclusion of these vital issues in our community's Growth Strategy, Benefits Blueprint, and Vision 2010 activities, we feel strongly that you should place these issues on your priority list, in order for our Community to be the place that we all want it to be. Should you have any questions or concerns, please do not hesitate to contact me directly at 696 - 51.50 or iwsuarks(inbnet.nb.ca. Warm Regards, Jeff Sparks, BBA, MIR, CHRP Past President 170 I V ~ u i ii mm IIIIIII III F OPEN SESSION M & 0009 - 127 May 6, ?009 City of 5afta Jahn His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Program Contribution Agreement- Energy Efficiency Retrofit Program for City of Saint John Facilities BACKGROUND In the past few months, the City of Saint John and Efficiency NB have been working diligently to establish and develop a Program Contribution Agreement. The objective of this Agreement is to offer the City of Saint John financial incentives towards costs incurred for implementation of Energy Conservation Measures (ECM) for city owned buildings, Water & Sewage plants and Commission buildings. ANALYSIS The financial incentives vary by building category as outline below: Class I Building (up to 15,000 ft2 or 1,394 m) • $15/Gega-Joules (GJ) saved up to maximum of $30,000 per building. Based on estimated annual energy savings determined by Energy Audit Report. Class 11 Building (greater than 15,000 ft2 or 1,304 m) • $10/Gega-Joules (GJ) saved up to maximum of $50,000 per building. Based on estimated annual energy savings determined by Energy Audit Report. The term of this Agreement is for thirty-six (36) months from the date of final signature. City of Saint John will be required to sign a separate Contribution Agreement for each of the building participating in this Program. Attached to this report as Schedule "A" is a list of all the buildings which we anticipate will participate in the Program. 171 M & C 2009 - 127 -2- May 6, 2009 By sighing this Agreement, the City of Saint John will be also eligible for additional incentives through Natural Resource Canada's ecoENERGY Retrofit program. This program offers the same financial incentives as Efficiency NB Contribution Agreement. Under this Agreement, Efficiency NB will be responsible for all applications and correspondences related to the ecoENERGY Retrofit program. FINANCIAL IMPLICATION The Program Contribution Agreement will not bind the City of Saint John to any financial, technical and work obligation. The City of Saint John will have the option whether to implement all or none of the Energy Conservation Measures (ECM) as indicated in the statement of work. However, payment will only be provided for work completed within the thirty-six (36) months term of the Agreement. LEGAL IMPLICATION The City of Saint John Legal Department has already reviewed the Program Contribution Agreement and the Agreement in the form as attached is acceptable to them. RECOMMENDATION 1. That The City of Saint John enter into a Contribution Agreement substantially in the Form as attached to M&C 2009-127 with each of the Buildings listed in Schedule "A" attached to said M&C 2009-127, subject to review and approval of the City Solicitor or his designate. 2. That the Mayor and Common Clerk be authorized to sign the Contribution Agreement for each of the buildings listed in Schedule "A" attached to M&C 2009-127. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 172 Schedule A - List of Buildings which will participate in the Program Energy Audit has been completed on highlighted buildings Building Name Civic # Street Name PID# Fire Station #5 35 Adelaide Street 55155717 Fire Station #4 36 Courtenay Avenue 00347880 Fire Station #6 286 King Street West 00361428 Fire Station #1 47 Leinster Street 00018622 Fire Station #2 850 Loch Lomond Rd 55157184 Fire Station #7 7 Manchester Avenue West 55094015 Fire Station #8 608 Millidge Avenue 00048454 City Market 47 Charlotte Street 00039420 North End Community Center 195 Victoria Street 00375980 Hilton Belyea Arena 390 Lowell Street 00394940 Stu Hurley Arena 1500 Hickey Rd 00313098 Peter Murray Arena 701 Dever Rd 00036590 Charles Gorman Arena 80 University Avenue 00042036 Carnegie Building 20 Hazen Avenue 00037499 East Garage 525 McAllister Drive 55148001 Central Garage 175 Rothesay Avenue 00019232 Municipal Operation Complex 175 Rothesay Avenue 00019232 Harbor Station 99 station street 00040048 Canada Games Aquatic Center 50 union Street 00039222 Pauline Street Waste Water Pumping Station 27 David Street 55001721 "Y" STN Dever Road Waste Water Pumping Station 736 Dever Rd 00407866 "A" STN Dominion Waste Water Pumping Station 657 Dominion Park Rd 00422642 Westgate Drive Waste Water Pumping Station 47 Downsview Drive 55118731 "C" STN Russell Hill Road Waste Water Pumping Station 515 Greenhead Rd 00405951 Hickey Road Waste Water Pumping Station 1501 Hickey Rd 00436584 Kennebecasis 1 Waste Water Pumping Station 1099 Kennebecasis Drive 55153209 Lorneville Waste Water Pumping Station 801 Lorneville 55161541 Market Place Waste Water Pumping Station 240 Market Place 00380196 Woodlawn Park Waste Water Pumping Station 1335 Red Head Rd 55005987 Churchill Blvd Waste Water Pumping Station 283 Samual Davis Drive 55112478 Simpson Drive Waste Water Pumping Station 18 Simpson Drive 00298505 Lakewood Heights Water Pumping Station 31 Fish Hatchery Rd 00331330 Golden Grove Water Pumping Station 200 Golden Grove Rd 00373399 Park Street Water Pumping Station 1 Mitchell Street 00024042 Spruce Lake Water Pumping Station 2524 Ocean West Way 00286559 Somerset Street Water Pumping Station 510 Somerset Street 55038913 University Avenue Water Pumping Station 399 University Avenue 00047688 Champlain Heights Water Pumping Station 21 Champlain Drive 55108070 Hazen Creek Treatment Plant 441 Red Head Rd 00337956 Lancaster Lagoon Treatment Plant 1091 Saint John Throughway 00403733 March Creek Treatment Plant 180 Thorne Avenue 00411710 Millidgeville Treatment Plant 700 Woodward Ave 00051771 Monte Cristo Treatment Plant 62 Dantes Drive 55059380 173 Efficiency NB Energy Smart Commercial Buildings Energy Efficiency Retrofit Program Program Contribution Agreement mw' ~~~o nm~~~ Version 1.3 Municipality Customization April 28, 2009 174 This page intentionally left blank 175 THIS PROGRAM CONTRIBUTION AGREEMENT made as of this day of 2009. (Dated by Efficiency NB) BETWEEN: ENERGY EFFICIENCY AND CONSERVATION AGENCY OF NEW BRUNSWICK, a crown corporation under the laws of New Brunswick, doing business as Efficiency New Brunswick, (hereinafter called "Efficiency NB") AND: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick (hereinafter called the "Participant"). WHEREAS Efficiency NB is seeking to assist existing commercial building owners and operators to make their buildings more energy efficient; WHEREAS the Participant has submitted to Efficiency NB an application for funding under the Energy Smart Program which qualifies for support under the Program; WHEREAS Efficiency NB and the Participant agree that in order for the Participant to develop and implement energy efficient retrofit measures, the Participant will require financial assistance from Efficiency NB; WHEREAS Efficiency NB is willing to provide financial assistance toward the eligible costs of the energy efficient retrofit measures in the manner and upon the Terms and Conditions hereinafter set forth; WHEREAS The Participant operates facilities located at 47 Charlotte Street, in the city of Saint John and Province of New Brunswick, commonly known as the Saint John City Market; AND WHEREAS the parties agree with the Terms and Conditions outlined in this Agreement, the Program Guidelines as attached in Appendix A, and the Contributions and Payment Terms as attached in Appendix B, Efficiency NB shall provide a contribution to the Participant to help offset the cost of an Energy Audit as well as costs associated with implementing energy efficiency measures as submitted in the Statement of Work form. THEREFORE, Efficiency NB and the Participant agree as follows with respect to the Saint John City Market; 1. FINANCIAL ASSISTANCE 1.1. Energy Audit Incentive Efficiency NB will contribute 50% of the cost of an energy audit to determine the potential for energy efficiency improvement measures to the following maximums per building class: $1,000 per Class I Building (up to 15,000 ft.2 or 1,394 m2) $2,000 per Class II Building (between 15,000 to 75,000 ft.2 or 1,394 and 6,968 m2) $3,000 per Class III Building (75,000 ft.2 and larger or 6,968 m2 and larger) 1.2. Energy Efficiency Measure Implementation Incentive Efficiency NB will offer performance based financial incentives toward costs incurred for implementation of pre-aooroved Energy Efficiency Measures (EEMs) as recommended by your Energy Management Service Provider (EMSP). All EEMs chosen by the Participant for implementation must be submitted in 176 the Statement of Work form. Incentives are calculated as a dollar per energy unit basis of energy consumption avoidance. The unit of energy is measured in Giga-joules (GJ). The maximum EEM Implementation Incentive Contributions are: $15/GJ to a maximum of $30,000 per Class I Building (up to 15,000 ft.2 or 1,394 m2) $10/GJ to a maximum of $50,000 per Class 11 Building (between 15,000 to 75,000 ft.2 or 1,394 and 6,968 m2) $10/GJ to a maximum of $50,000 per Class III Building (75,000 ft.2 and larger or 6,968 m2 and larger) 2. PAYMENT CLAIMS 2.1 Phase I - Energy Audit Incentive Prior to the issuance of the Energy Audit Incentive the Participant must comply with the Terms and Conditions outlined herein: a) The subject building must be owned and/or occupied by the Participant. b) The Participant must provide a minimum of 12 months of historical energy consumption for each energy source used in the building. c) The comprehensive Energy Audit must be conducted by an Energy Management Service Provider (EMSP) registered with Natural Resources Canada or approved by Efficiency NB (view list: http://oee.nrcan.gc.ca/providers). d) Your EMSP must send the comprehensive Energy Audit Report to Efficiency NB along with the completed three (3) page Efficiency NB Summary Report Form. e) The Participant must submit proof of payment for services rendered by the hired EMSP. f) No retrofit or upgrade work associated with the recommended Energy Efficiency Measures outlined in the Energy Audit Report has commenced. 2.2 Phase II - Energy Efficiency Measures Implementation Prior to the issuance of the Energy Efficiency Measures Implementation Incentive the Participant must comply with the general Terms and Conditions outlined herein: a) Inspections: Participant agrees to provide Efficiency NB representatives with access during normal working hours to the Project site and to Project records as reasonably requested, both pre and post retrofit, in order to verify equipment characteristics, quantities, and performance. b) Option to Terminate: If no demonstrable progress has been made toward implementing the EEMs during any period of 36 months following the execution of this Agreement, Efficiency NB retains the right to terminate the Agreement and shall be under no further obligation to make any payment to the Participant under the Agreement. If this occurs, written notice shall be issued to the Participant. 177 c) Accuracy of Savings Estimates: Participant acknowledges that, due to the variability of factors affecting energy consumption and demand within a building and/or facility, it is not possible to predict energy conservation and demand reduction with absolute accuracy, and that by providing information in good faith concerning the benefits and energy saving strategies and by entering into this Agreement, Efficiency NB is in no way liable or responsible for the actual energy cost avoidance realized by the Participant as a result of a retrofit project. d) No Guarantee/Warranty: Participant acknowledges that Efficiency NB does not endorse any particular product, system, manufacturer, consultant, contractor, supplier, or installer of products. All decisions regarding the selection, design, installation, use, and operation of equipment or system associated with the retrofit project shall be made at the sole discretion and are the sole responsibility of the Participant. e) Information Requirements: Participant agrees to provide Efficiency NB permission to access future utility and other energy consumption data upon written request where these results and/or the Energy Audit results may be used for reporting quality assurance and/or promotional uses. Efficiency NB will manage Participant information according to the requirements of the Protection of Personal Information Act. f) Audit: Payments made to the Participant by Efficiency NB under the Terms and Conditions of this Agreement are subject to financial and technical audit by Efficiency NB. Upon request by Efficiency NB, the Participant will provide to Efficiency NB, or its assigned representative, access to all relevant financial and technical records related to the EEMs for which contributions were received. Such information may include, but not be limited to: - Financial information such as invoices, receipts and vouchers incurred by the Participant and proof of payments made to substantiate the incurring costs; Technical information such as drawings, energy data, and reports required to assess the implementation and environmental performance of the EEMs; and - Physical access to implemented EEMs The Participant shall maintain proper books and records in accordance with generally accepted accounting principles. Such records shall be maintained for a period of seven (7) years from the date of this Agreement and shall be made available to Efficiency NB for audit purposes for the same duration. If, at any time, any discrepancy is identified between the amounts paid by Efficiency NB and the amounts actually payable under this Agreement, the appropriate adjustments shall be promptly made between the parties. If there has been an overpayment by Efficiency NB, the amount of the overpayment shall constitute a debt due to Efficiency NB and may be so recovered. 3. PAYMENT TERMS Subject to the terms and conditions of this Agreement, following receipt of a claim, acceptable to Efficiency NB, Efficiency NB will pay the Participant in accordance with the payment terms outlined in Appendix B - Contribution and Payment Terms attached to this Agreement. 178 4. TERM OF AGREEMENT The term of this Agreement will be for thirty-six (36) months from the date of final signature. 5. ARBITRATION The parties agree that all matters in difference between the parties in relation to this Agreement that cannot be resolved will be referred to the arbitration of a single Arbitrator and will be conducted pursuant to the Arbitration Act, 1992, Chapter A-10.1. The decision of the Arbitrator will be binding upon the parties, their heirs, executors and assigns. 6. DEFAULT 6.1 If, in the opinion of Efficiency NB, there has been a misrepresentation or the Participant fails to proceed diligently with the Statement of Work, or is otherwise in default in carrying out any of the terms, conditions, covenants, or obligations of this Agreement, or if the Participant becomes bankrupt or insolvent, or has a receiving order made against it (either under the Bankruptcy and Insolvency Act or otherwise), or a receiver is appointed, or the Participant makes an assignment for the benefit of creditors, or if an order is made or a resolution passed for the winding up of the Participant, or if the Participant takes the benefit of any statute for the time being in force relating to bankrupt or insolvent debtors, Efficiency NB may, by giving notice in writing to the Participant, exercise any or all of the following remedies: a) Terminate the whole or any part of this Agreement; b) Terminate the obligation on the part of Efficiency NB to pay any monies in respect of the Statement of Work, including monies due or accruing due; and c) Direct the Participant to repay forthwith all or any part of monies paid by Efficiency NB pursuant to this Agreement and that amount is a debt due to Efficiency NB and may be so recovered. 6.2 In the event of the termination of this Agreement by Efficiency NB under paragraph 6. 1, Efficiency NB may, at its own discretion, pay to the Participant the share of the eligible costs of the Statement of Work completed to the date of termination. 7. APPENDICES The following Appendices are attached to and form part of this contract: Appendix A - Energy Smart Program Guidelines Appendix B - Contribution and Payment Terms 8. FORMS The following forms to be completed and submitted independent of this Agreement are attached. The forms do not form part of this Agreement. Form 1 - Statement of Work Form 2 - Energy Efficiency Measures - Implementation Claim 179 9. ASSIGNMENT This Agreement shall not be assigned in whole or in part by the Participant without the prior written consent of Efficiency NB and any assignment made without that consent is void and of no effect. 10. NO AGENCY OR PARTNERSHIP Nothing in this Agreement shall be construed to constitute one party as an agent, associate or partner of the other party. 11. NOTICES Wherever in this Agreement notice is required or permitted to be given or served by either party to or on the other, the notice shall be in writing and shall be delivered personally to the authorized designate or sent by prepaid, registered mail, or by facsimile or email addressed as set forth herein, and each such notice shall be deemed given on the date of delivery namely three (3) days after mailing in the case of mail and two (2) hours from receipt of the facsimile transmission or email. No notice may be given by mail during a real or apprehended mail strike in Canada. The specified addresses may be changed from time to time by either party by notice as above provided. To Efficiency NB: Kris Kierstead Efficiency NB 35 Charlotte Street, Suite 101 Saint John, NB E21- 2H3 To the Participant: Samir Yammine The City of Saint John 15 Market Square, City Hall Saint John, NB E21- 41-1 12. MEDIA The Participant agrees to allow Efficiency NB to promote and/or make public announcements related to their participation in the Program. Neither party will issue or approve a news release or other public announcement concerning the transactions contemplated hereby without the prior written approval of the other party as to the contents of such announcement and its release except as required by law. 180 13.GOVERNING LAW This Agreement will be governed by and construed in accordance with the laws in force in the Province of New Brunswick. 14.AMENDMENTS No amendment of this Agreement or waiver of any of its Terms and Conditions shall be deemed valid unless effected by a written amendment signed by the Parties. 15. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties (Participant and Efficiency NB) with respect to the subject matter of this Agreement and supersedes all previous negotiations, communications, and other agreements, whether written or verbal between the parties. Efficiency NB is under no obligation to provide payment of funds for Energy Efficiency Measures installed prior to the approval and signing of this Agreement. Please sign and return to Efficiency NB the attached copy of this Agreement where indicated below to signify your agreement with the Program Guidelines, Conditions and Incentive and Payment Terms herein mentioned. Please note that failure to return a sign copy of this Agreement within 30 days, or any form of conditional acceptance, renders this offer null and void. 16. ACKNOWLEDGEMENT The Participant acknowledges that he/she has read this Agreement and the following Schedules: Appendix A - Energy Smart Program Guidelines Appendix B - Contribution and Payment Terms The Participant acknowledges that the officer signing this contract is the authorized signing officer to execute documents in the name and on behalf of The Participant. 181 IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized in that behalf as of the day and year first above written. SIGNED, SEALED & DELIVERED In presence of: EFFICIENCY NEW BRUNSWICK Witness Date SIGNED, SEALED & DELIVERED In presence of: Witness Date per: Elizabeth Weir Date THE CITY OF SAINT JOHN per: Mayor per: Common Clerk Common Council Resolution: Date 182 APPENDIX A ENERGY SMART PROGRAM GUIDELINES Proaram Obiective To assist existing commercial building owners and operators to make their buildings more energy efficient, reduce operating and maintenance costs and improve the quality of their facilities. Proaram Description The Energy Smart Commercial Buildings Retrofit Program provides financial incentives of up to $3,000 towards an evaluation to determine the potential for energy efficiency upgrades in a commercial building and a maximum of $50,000 towards the energy retrofitting project costs. Eligibility Anyone who owns or operates a commercial building located in the Province of New Brunswick. Some examples of eligible buildings are: Retail buildings, hotels, restaurants, office buildings, churches, grocery stores, institutional buildings (schools, colleges, universities), small and medium sized manufacturers and others. Available Fundina Incentives vary by building category as outlined below. Class I Building (up to 15,000 ft.2 or 1,394 m2) • 50% of the cost up to a maximum of $1,000 towards an energy audit to determine the potential for energy efficiency upgrades. • $15/GJ saved up to a maximum of $30,000. Based on estimated annual energy savings determined by an Energy Audit Report. Class II Building (between 15,000 to 75,000 ft.2 or 1,394 and 6,968 m2) • 50% of the cost up to a maximum of $2,000 toward an energy audit to determine the potential for energy efficiency upgrades. • $10/GJ saved up to a maximum of $50,000. Based on estimated annual energy savings determined by an Energy Audit Report. Class III Building (75,000 ft.2 and larger or 6,968 m2 and larger) 183 50% of the cost up to a maximum of $3,000 towards an energy audit to determine the potential for energy efficiency upgrades. • $10/GJ saved (up to a maximum of $50,000). Based on estimated annual energy savings determined by an Energy Audit Report. Complimentarv Incentives Complimentary incentives available from other programs such as NRCAN can be found at: http://oee.nrcan.gc.ca/commercial Proaram Steps Contact an Energy Management Service Provider (EMSP) to schedule an energy 1 audit of your building. A detailed listing of New Brunswick Energy Management Service Providers can be found at: http://oee.nrcan.gc.ca/providers 2 Submit an Energy Audit Incentive Application Form to Efficiency NB prior to commencing audit work. Your EMSP typically will submit on your behalf. Receive and review the Energy Smart Non-Repayable Contribution Agreement. 3 Acknowledge your acceptance of this Entire Agreement by returning two (2) signed copies to Efficiency NB within 30 days of original receipt. Submit to Efficiency NB the completed comprehensive Energy Audit Report 4 produced by your EMSP which is to include a minimum of 12 months of historical utility data, a completed Energy Smart Summary Report Form, and proof of payment for services rendered by your EMSP. 5 Receive an incentive cheque from Efficiency NB towards the cost of the Energy Audit as defined under Available Funding. Submit a Statement of Work Form to Efficiency NB. This outlines all Energy 6 Efficiency Measures planned to be implemented. Any changes in Project Scope compared to the original Energy Audit Report must be supported with further documentation and/or the original EMSP providing revisions to the report. Upon approval of Statement of Work from Efficiency NB, Energy Efficiency Measures 7 Implementation may begin. All work must be completed within the thirty-six (36) months Term of Contract. Submit to Efficiency NB the Energy Efficiency Measures Implementation Incentives 8 Claim Form which defines accurately all completed work and total incurred costs. Copies of invoices, receipts, and other proof of payment will be required. Efficiency NB will review your Energy Efficiency Measures Implementation Incentives 9 Claim and at random choose to perform a site inspection to verify implementation and confirm technical and financial information accuracy. 10 Receive final payment for Energy Efficiency Measures Implementation from Efficiency NB. 184 APPENDIX B CONTRIBUTIONS AND PAYMENT TERMS The Energy Smart Program provides Incentives as follows: Table 1- Energy Smart Contributions and Payment Terms Incentive & Payment Amount a) Energy Audit Incentive Efficiency NB will offer up to 50% of Energy Management Service Provider (EMSP) Consultant Costs incurred, up to a maximum Efficiency NB payment of: Payment Terms The following required information must be received by Efficiency NB and reviewed for completeness before incentive payment for the Energy Audit(s) will be issued to the Participant : $1, 000 per Class I Building $2, 000 per Class II Building $3, 000 per Class III Building toward the cost of conducting a comprehensive energy audit of the building aimed at identifying Energy Efficiency Measures. The activity must result in an Energy Audit Report. Multiple buildings audited under one contract into a single report by the same EMSP is subject to an Energy Audit Incentive which is the lesser of either 50% of the consultation costs or the cumulative total of max incentives per building. i. Participant or EMSP must have submitted an Enerav Smart Audit Incentive Application Form (already submitted if you received this Contribution Agreement); ii. Participant or EMSP must have submitted a completed, detailed and comprehensive Enerqy Audit Report as produced by the hired EMSP. This report must also reveal a minimum of 12 months of historical energy consumption and demand information with proof by attaching utility bills for all forms of energy use; iii. Participant or EMSP must have submitted a completed three (3) page Summarv Report Form as produced by the hired EMSP. Recommended to be completed and appended to the Energy Audit Report by your EMSP. This summary clearly demonstrates by individual Energy Efficiency Measure (EEM) the energy avoidance potential measured in Gigajoules (GJ) and available incentives; and iv. Participant or EMSP must have submitted proof of payment for services rendered by the hired EMSP. 185 Incentive & Payment Amount Payment Terms b) Energy Efficiency Measures Implementation Incentive Efficiency NB will offer performance based financial incentives towards costs incurred for implementing pre-approved Energy Efficiency Measures as recommended by your EMSP in the Energy Audit Report and confirmed by Participant Statement of Work submission. Performance based incentives are calculated as a dollar per energy unit basis of energy saved. The unit of energy is measured in Gigajoules (GJ) Maximum Efficiency NB Project Implementation Incentives payments are: $151GJ up to a max $30, 000 per Class I Building, $10/GJ up to a max $50, 000 per Class II Building $10/GJ up to a max $50, 000 per Class III Building The following required information must be received by Efficiency NB and approved for completeness before Energy Efficiency Measures - Implementation Incentive payment will be issued to the Participant : i. Participant must have successfully completed an approved Energy Audit Report complete with the three (3) page Summary Report Form. ii. Participant must have submitted a Statement of Work Form (see Appendix C) to Efficiency NB for review and acceptance of proposed Energy Efficiency Measure(s) to be implemented. The key objective is to accurately define project scope, calculated energy avoidance, and estimated eligible costs. iii. No work may begin prior to receiving Statement of Work approval from Efficiency NB. Project work must be completed within the thirty-six (36) month Term of Agreement. iv. Participant shall submit to Efficiency NB an Enerav Efficiencv Measures - Implementation Incentives Claim Form (see Appendix D). This claim serves as verification of project completion and will require supporting proof of payments. Such evidence of eligible costs may include, but is not limited to, contracts, receipts, and/or purchase orders. v. Upon receipt and approval of the Energy Efficiency Measures - Implementation Incentives Claim, Efficiency NB shall issue incentive payments within 30 business days from the date of approval. 186 I V ~ u i ii mm IIIIIII III F OPEN SESSION M & C 2009 - 123 April 27, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT 937 Hillcrest Road (PID No. 55090526) - Zoning By-Law Violation BACKGROUND City of Saiia Jahn Buildings and Inspection Services has been dealing with Mr. Bertin Levesque with regards to a violation of the Zoning By-Law since May 2007. Mr. Levesque is the registered owner of a property bearing PID No. 55090526, known as civic address 937 Hillcrest Road. The property is zoned "RS-1 One and Two Family Suburban Residential". Mr. Levesque applied to have his property rezoned to `13- 2 General Business" to permit a motorcycle repair garage, and his Application was denied in June 2007. In spite of Council's denial, Mr. Levesque proceeded, in July 2007, to convert the large garage on the property for use as a repair garage and showroom. A display area, a parts counter and a service shop for motorcycles, snowmobiles and all terrain vehicles has been created within the building. The owner has also established a fenced exterior storage compound adjacent to the garage. Notices and an Order from the Building Inspector requiring that the aforesaid use cease have been ignored. The owner had previously operated his business from a location on Golden Grove Road and, after his lease ran out, he relocated to his present location. Discussions have taken place with the owner on several occasions in an attempt to have him relocate the business to a properly zoned location. He has indicated to this office that the business is his sole livelihood, that in his opinion he is not adversely affecting the neighbourhood, and that he cannot afford to move to another premises due to the increased costs. 187 M & C 2009 - 12; -2- April 27, 2009 11 Staff recommends that an application be made to the Court of Queen's Bench for an Order that would require the owner of the property to comply with the Zoning By-Law and cease the commercial use of his property. In order to pursue By-Law violations which require an application to the Court of Queen's Bench, it is necessary for Common Council to adopt a resolution designating the Building Inspector or the Deputy Building Inspector to initiate and proceed with the application. RECOMMENDATION Your City Manager recommends that the following resolution be adopted: " RESOLVED that whereas the records of the Saint John County Registry Office show Bertin Levesque to be the registered owner of the parcel of land located on the northern side of Hillcrest Road, Saint John, N.B. at civic address 937 Hillcrest Road and designated as PID No. 55090526, And whereas said property is zoned "RS-1", "One and Two Family Suburban Residential", under the Saint John Zoning By-Law, BE IT RESOLVED that the Deputy Building Inspector, David Crawford, is hereby designated and authorized by the Common Council of The City of Saint John to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an Order that will require Bertin Levesque to cease using or permitting the use of his property bearing PID No. 55090526 and known as civic address 937 Hillcrest Road, Saint John, NB, as a repair garage and showroom or other business. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 188 Canada Province of New Brunswick County of Saint John In The Matter of the Community Planning Act, R.S.N.B. 1973, c. C-12, and amendments thereto; and In The Matter of The Zoning By Law, By-Law Number C.P. 110, and amendments thereto; and In The Matter of the Property located at 937 Hillcrest Road, Saint John, N.B. (Parcel Identifier Number: 55090526) ORDER To: Bertin Levesque 937 Hillcrest Road Saint John, New Brunswick E2N 2137 WHEREAS the Certificate of Registered Ownership marked as Schedule "A" was issued by the Registrar of Land Titles on November 5, 2007. It certifies that Bertin Levesque is the registered owner in fee simple of the parcel of land (herein called "the Levesque's Property") described therein and identified as Parcel 55090526. It also shows Concentra Financial Services Association c/o Bayview Credit Union as a Mortgagee [Instrument Number: 23162887]. The said parcel of land is located at 937 HiIlcrest Road, Saint John, New Brunswick. The Levesque's Property is shown on the portion of the Service New Brunswick map marked as Schedule "B". The Parcel Information Report attached as Schedule "C", and, the Property Assessment Information attached as Schedule "D" also show Bertin Levesque to be the owner of the Levesque's Property. An aerial view of the Levesque's property is attached as Schedule "E". AND WHEREAS the Levesque's Property is zoned as the attached Schedule "E.1" zoning map, "RS-I "One and Two Family Suburban Residential," under the Zoning By- Law, supra [hereinafter referred to as the `By-Law"]. Section 110 of the By-law sets out 189 ~ f the uses that are permitted in a RS-1 zone and prohibits all other uses. A copy of section 110 is attached as Schedule "F" AND WHEREAS Bertin Levesque applied to The City of Saint John to have, the Levesque's Property rezoned from an "RSA" zone to a "General Business (B-2) " zone so that he could relocate his motorcycle business into a garage on the said property. A copy of the application dated May 7, 2007, is attached as Schedule "G". The Planning Advisory Committee of the City of Saint John at a meeting held on June 12, 2007, recommended that the application be denied. The relevant minutes of the meeting of the Planning Advisory Committee are attached as Schedule "H". The Common Council of The City of Saint John at a meeting held on June 18, 2007, denied the application. The relevant minutes of the Common Council meeting are attached as Schedule "I". AND WHEREAS, contrary to and in violation of section 110 of the By-Law, and, contrary to warning notices from The City of Saint John (see Schedule "J"), you have moved your motorcycle business onto the Levesque's Property and have been operating your motorcycle business since July, 2007. Attached hereto and marked as Schedule "K", are photographs which were taken at the Levesque's Property on July 3, 2007 and September 26, 2007, respectively. Changing the use of a property without a permit obtained from the Saint John Building Inspector is a violation of paragraph 910(2)(a) of the By-Law (see Schedule "L"). Furthermore, changing the use of a property, which is a "development", without obtaining the approval of the Development Officer, is a violation of paragraph S 1(1) of the Community Planning Act, supra, (see Schedule "M'), AND WHEREAS I have been authorized pursuant to subsection 93(1) of the Community Planning Act, supra, by the Common Council of The City of Saint John to issue orders with respect to violations of the By-Law. A copy of the relevant resolution is attached hereto as Schedule "N". 190 I t BERTIN LEVESQUE IS HEREBY ORDERED to cease using, or to prevent the use of, the Levesque's Property for a motorcycle business or other business and to refrain from and prevent such use in the future. TAKE NOTICE THAT in the event that Bertin Levesque does not comply with this Order, The City of Saint John, pursuant to the Community Planning Act, supra, may: (a) Seek an Order from a Judge of the Court of Queen's Bench of New Brunswick which would require Bertin Levesque to restrain from the continuance or repetition of the contravention, failure or obstruction of operating a motorcycle business or other business on the Levesque's Property pursuant to paragraph 94(2)(a) of the Community Planning Act, supra, and to pay for the City's costs, disbursements and applicable taxes; or (b) Commence proceedings in the Provincial Court of New Brunswick to seek fines for each day that Bertin Levesque is in violation of this Order. Failure to comply with an order such as this Order is a Category "E" offence, and the fines for a Category "E" offence can range from $240.00 to $2,620.00 pursuant subsection 56(5) of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, and amendments thereto; or (c) do both (a) and (b). DATED at the City of Saint John, New Brunswick, on this day of Navenztre , 2007. William Edwards, P.Eng. Building Inspector The City of Saint John City Hall -10th Floor 15 Market Square Saint John, N.B. E2L 4L1 Tel. (506) 658 - 2911 191 4 FAX (506) 632 - 6199 bill, edwards(d~saintiohn. ca 192 t SCHEDULE Ili All (PAGE Of a Page 1 of 2 Form 47 CERTIFICATE OF REGISTERED OWNERSHIP Land Titles Act, S.N.B. 1981, c. L-1.1, s.63 Parcel Identifier: 55090526 Owner Levesque, Berlin 937 Hillcrest RD Saint John NB E2N 267 Deed/Transfer 23162846 Saint John 2006-12-04 - Manner of Tenure: Not Applicable Encumbrances: Restrictive Covenants Saint John NB Covenant Holder Reed 380177 Saint John 1992-08-06 1592 - 476 Concentra Financial Services Association c/o Bayview Credit Union 57 King ST Saint John NB E2L 1G5 Mortgagee Mortgage 23162887 Saint John 2006-12-04 - Instruments In the NUNL Registration Process: THIS IS TO CERTIFY THAT the speed owner is the registered owner and holds title in fee simple, by virtue of the specified instrument(s) and in the specified manner of tenure, to the specified parcel, described in Schedule A attached hereto. The title to the land Is subject to the overriding incidents specified in section 17(4) of the Act and also to the speed encumbrances. The title to the land may be subject to the specified Instruments, which have been entered in the instrument record and may be entered on the title register when the registration process is completed. THIS CERTIFICATE is evidence of the particulars contained herein as of the date and time of its issue. The description is not conclusive as to the boundaries or extent of the land. Date & Time: 2007-11-0514:32:33 Registrar of Land Titles for the District of: Now Brunswick Report ID: 2195913 193 SCHEDULE rr (PAGE Page 2 of 2 Schedule A PID: 55090526 Apparent Parcel Access: Public Access Status: Current Effective Date/Time: 2003-06-04 12:53:40 Legal Description: Place Name: City of Saint John Parish: City of Saint John County: Saint John Label of Parcel on Plan: Lot 92-1 Title of Plan: 6rittain Investments Limited Registration County: Saint John Registration Number of Plan: 2922 Registration Date of Plan: 1992-07-24 194 Annexe A NID: AGc6s apparent A la parcelle: tat de la demande: Date et hours de prise d'effet: Description officielle: PLANET Internet Browser - V-lion 1.0 Tools 0 Overview 0 + Center 0 Zoom in [e0 Zoom out 0 Zoom box 0 Point Select 00 Box Select s1 Center Selection Clear Selection Refresh Map Locator Map Map Layers Cadastral Topographic Legend Options Selection Summary 42 Map zoom ,2 Factor SCHEDULE (PAGE( -'Of eo~yll Page 1 of 1 Spatial Fusion This map is a graphical representation of property boundaries which approximates the size, configuration boundary survey and is not intended to be used for legal descriptions or to calculate exact dimensions or a Lat.::45-20-07.29N Long 65-56-53.91 W scale:: 6732 x: 2543250.343 Y: 73' 1 Property found PID 55090526 PAN 4431677 Owner Levesque, Bertin L.ocatio: https://www.planet.snb.ca/PLANEThrowser/html/sect/snap/generate.do 11/5/2007 Home Search Menu Help Probl( .Parcel Information : Page 1 of 3 _ SCHEDULE SERVICE (PAGE ~ of ~ ) mew Parcel Information PID: Status: Land Related Description: Area: Date Last Updated: 55090526 Active Land 5491 2007-01-08 11:10:24 Land Titles Status: Land Titles Date of Last CRO: 2007-01-08 11:11:19 Land Gazette No Information: Description of Tenure. County: Saint John Active Date/Time: 1992-08-28 00:00:00 Management Unit: NB1110 Area Unit: Square Metres Harmonization Harmonized Status: Land Titles 2003-06-12 11:19:49 Datefrime: Manner of Tenure: Not Applicable Public Comments: MAP / CARTE 07PB1, 07PC1 Parcel Interest Holders Name Qualifier Interest Type Levesque, Bertin Owner Assessment Reference PAN PAN Type Taxing Authority Code Taxing Authority 04431677 550 City of/Cite de Saint John Parcel Locations Civic Number Street Name Street Type Street Direction Place Name .1 httpsa/www.planet.snb.calPLANETDBIpar0001$partH.queryview?P PID=55090526&Z 11/5/2007 Parcel Information : SCHEDUI. `{C' 'r Page 2 of 3 (PAGE Of 3 ) 937 Hillcrest Road Saint John County Saint John Number 23300354 23162887 23]62846 16653355 16464159 16419260 16419252 16416399 397354 386683 385619 380177 321191 Number 2922 Related PID 00331223 Registration Book Date 2007-01-08 2006-12-04 2006-12-04 2003-07-18 2003-06-19 2003-06-12 2003-06-12 2003-06-12 1994-11-21 1742 1993-06-09 1649 1993-04-19 1639 1992-08-06 1592 1985-04-09 1083 County Parish Parish City of/Ville de Saint John Documents Page Code 428 11 407 476 270 Plans Suffix Registration Code Description Date 1992-01-01 9050 Subdivision & Amalgamations Parcel Relations Type of Relation Parent 6110 5100 1100 6110 5100 3800 3720 3900 101 108 104 101 101 Description Discharge of Mortgage Mortgage Deed/Transfer Discharge of Mortgage Mortgage Land Titles First Notice Land Titles First Order Land Titles First Application Deed Partial Discharge or Release Mortgage Deed Deed Lot Orientation Information Lot 92-1 Provincial Grid Lot Information https:llwww.planet.snb.calPLANETDB1par0001$pa~cJI.queryview?P_PID=55090526&Z 11/5/2007 ,Parcel Information : SCHEDULE Page 3 of 3 Non-Registered Instruments No Records returned https:llwww.planet.snb.calPLANETDBIpar0001$pa .queryview?P_PID=55090526&Z 11/5/2007 Back • Horne • Help • Problem Report Assessment Data : SERVICE New RAN Information PAN: 4431677 Status: Assessed Owner(s): LEVESQUE,BERTIN Mailing Address: Assessment Year: 2007 Postal Code: Current $148,300 Current Levy: Assessment: Location: 937 HILLCREST RD County: Property RESIDENCE & LOT Tax Class: Description: Property Type 120 Property Type Code: Name: Taxing Authority 550 Neighborhood Code: Code: Taxing Authority City of/Cite de Saint John Neighborhood Description: Description: Sequence Number: M001 Sub Unit: Harmonization: COMPLETED (One to one Farm Land match of parcels) Identification Program: PID: 55090526 PID (2nd): More PID(s): No Page 1 of 1 SCHEDULE (PAGE f of / ) Open 937 HILLCREST RD SAINT JOHN NB E2N 287 $2,714.15 St. John Fully Taxable Residential Improved 14 NORTH OF LOCH LOMOND ROAD 0 No https://www.planet.snb.ca/PLANETDB/patsOO 1$pan.?ffieryview?P_PAN=04431677&bro... 11/5/2007 Back • Home • Help • Problem Report K E Fr (PAGE , 200 1 a ..aEDUtE 4f (PAGE ` ) I FLIT SCHEDULE ' 110 ONE AND TWO FAMILY SUBURBAN RESIDENTIAL fRS-11 (PAGE I of - } (1) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (a) the following uses: - a one-family dwelling; - a two-family dwelling; - subject to Section 810(1), a group home; - subject to subsection (2)(a), an agricultural use; - a park or playground; - subject to Section 810(3), a home occupation; - as a secondary use to a residence, a kindergarten, nursery or day care centre for not more than six children; (b) the following uses subject to such terms and conditions as may be imposed by the Committee: subject to Section 810(2), a convenience store with or without ancillary take-out restaurant and dwelling unit; as a secondary use to a convenience store, gasoline sales; subject to the Mobile Home Parks By-law, a mobile home park; a personal service shop; - as a secondary use to a residence, a kindergarten, nursery or day care centre for more than six children; - subject to Section 810(11)(b), the excavation of land greater than one metre for the purposes of preparing the site for development permitted in the zone; (c) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Conditions of Use (a) the keeping of domestic animals is permitted only in conjunction with the residential use of a lot and subject to the following standards and conditions: 16 202 SCH( JLE (PAGE ~Z of ~ ) 110 RS-1 ZONE (2) (a) (i) the lot is not less than 4,000 square metres in area with a lot width of not less than 60 metres; (ii) no stable, building, enclosure or structure in which domestic animals are kept is located within 22 metres of any property line or 15 metres of any dwelling; any necessary approval under the Health Act is obtained; (iv) the total number of all such animals (other than their young under the age of six months) on a lot is limited to: A. in the case of horses, ponies, goats or sheep, (1) two animals, if the lot is a minimum of 4,000 square metres, (2) three animals, if the lot is a minimum of 6,000 square metres with a lot width of at least 90 metres, (3) more than three animals, if an additional 2,000 square metres is provided for each animal, B. in the case of cows, one animal per area of 2 hectares with a lot width of at least 180 metres. (3) Zone Standards (a) Minimum lot area: one-family 4,000 square metres two-family 5,400 square metres other 4,000 square metres (b) Minimum lot width: one-family ..........................................................................54 metres two-family ..........................................................................60 metres other ..................................................................................54 metres (c) Minimum lot depth 38 metres (d) Minimum front yard 9 metres (e) Minimum side yard 4.5 metres (f) Minimum rear yard 7.5 metres (g) Minimum ground floor area (i) for a semi-detached dwelling - single storey 99 square metres 17 203 SC( JULE ~ (PAGE 3 of 3 ) 140 RS-1 ZONE (3) (g) (1) - split-level 79 square metres - 1'/, 2 or 3 storey 69 square metres (ii) for a dwelling, other than a semi-detached - single storey 74 square metres - split-level 59 square metres - 1'/, 2 or 3 storey 52 square metres (h) Maximum height 9 metres the maximum height may be increased to 11 metres, if minimum side yards of 9 metres are provided. 18 204 04120!2807 13:.29 1 PLANNING AND DF - OP A.ppikation for $ ZqW ag By-Taw Amen ftisat Demande dt mod tloa * I'a sar lie zonage Aunt RmkU Worma6eik I Rmreipmeets am le tiemsndtur Namo of 4l NOW du tie nr Hottto fDoMICUo Watk I T a vats FIX NM*a I N co dtt~l air ' 3 Name of ftopcM Oww (if 10 1) l Nora & poprlftaft (d *fffto PAGE 03/04 SPHEE)ULE (PAGE J-°of--L ; X33 s9sb Poem cow co& posw e.2&) - .2 P, Property rnformaltiou 1 pmts our is proprii LOWUM) Embomeat ! 1f~ ; S /t SFJ+ 1 'l'~'Sd ~tU Civic # I.Rb do Vvine strw J RW LOt Aft 15upmf3dz ft l 5troet FxatstW / F&O& = nz Ex1aft Use of %Vrrty I vtf Ei ae Wownedo a mpti A 1 r 4 Mxkipe An UMd Use DedpWOon Amendment AMsested / Modolestim demnnd6e Pmuaent Zoning / Z=tp actaW Cie ~'vuiag ty / M4r~icatigm 0u.xa~tage ~ ~ 0 /7~ ~2G L afldlor / ❑ Text Amextnart (indioata.pautict&te) / Moddkedtm dw twft (bWk1 kn dkd1s) PID I NIP 205 04/20/2007 13::29 1 { PLANNI Ki AM DES- UP WE 04/04 rr rr SCHEDULE (PAGE. OU 5-) .Devellupment jFrQp l /Prvpjpsidm d'amdnagemtat mewl of ft*osal 1 Y r4dan de k gopttd= 4e .zn ,p , ' rl.~ •,I:~, /~r~ .,g.,~a rev gut ~00 x,17? . r You muatpprovtde cr waled Are. plarr id,al it uOraW goer propasaf You sray aim pr,dv & Phatog b4ildlow plow: ekvaztion &a+r A& and wry oths om of warMWOA The#m show tie di„e~n,stwtsaf ne prnPerh!: Ae f lax of=? bullditiA &,ftwas, pwdrtganmus,. latme ng m,d s Vm Ir is lmparm Wlhat dki tlido= between Ad proimrty baw2dzwy 43ad l 01angs = shot. Vow d rm rnlr ua plM ah.site d lIftheme i#lasmmt votr e propoei i x: Y mppnrr+ez d94Wrlmtfotrmir4*1Y phato9mok k d ,lsiarr~ e1¢ be nt; desk daVim, d'tgn 4qt t,+brttt aitt!MC f W7tit~ dr rec pfaYt, r7aii i,~er~t+~s r~ir~er~s~dna da ~apweid~ 1'~Tatire~.►t iiC ra tamwidsa m*W[ , at*s. drax rriraes de stan`o+oWW"A des x4;eoteifu ys ers et-Aff parrMA= & $"alisatim n"lmprw't+arrf 4nt,d"O lit dL tide dn" les li+wkT * lQ pmpr? td of I" bt8itaaplx Provide rectaalv these ammxhnem shot& be sped. / ]Fou=tbmt au[trr re ignprt¢71t cor se~aut vats prop4sitton qm pftnait &m 9;pmvvda. Grp err.Qp W ~~tP ? k> r :/a a Q /a C tryR ti a+ +~Gcr'v, ?ij, mac? Lr~i~.t•;~~e crtiarrv'! rrtb~ :~~~tiy 3 t'MO* may"other k about rl pro *W that vooWd be beW, i Foa n* tmA antra:mn*g 4vim cmc t wRtt propWdott 4W poatraoit ft OWL ,t /A CCU jJIrr[ 1.~Q yet? SiPMurt of ApPCW l S#gnat = du daaamWW ; Date / ❑ 8400 Appiicatian Fee Lacloemd I O-joint I% fras de demmN& 4 400 $ Ifyou are not die oww aftlre lartd lit gmssdox please nave tke owner sign bckw. Thr srgrrmrure of the owrrer a4whadr* Wa appUcatkn to proomd far comidemdawr byCoAmoff Gotwdl. Sim of OwDW of amuca#k) Signattri+o ft XV64 " (en y a Han) We: Si vm recess: pas It ptsap talr¢ dsr terr a en gaestton; vruilles od~xu Irt ~'~Orrrrp rlir pra5!+wiata~ detrs Iir:A~e ti #a us: La at m fa prop"A*e rotor sm,t k traltmoor do la p 4mOr atamide prurr Qm wft darn by amt fto"bad par le QmWil c*MMWML r C~ 206 SCHEl7lli_E "--I (PAGE 3 of Y-) City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only; BudgetNumber: 110 08.01, 442 2010 Department: Common Clerk's Offim (Account # 71,206) Contact: J. Patrick waeds Pbonet (506) 658-1862 I Fax: (506)-67441. 14 Special instructions (if any): Newsoayer Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SSTJ City Information Ad Date(s); Tuesday, May 22, 2007 Tuesday, June 12, 2007 " SJTJ Independent PLRCement .Date(s)': SJTJ Classdleds Date(s); Information for Ad (Boldface anything you want Bold in Ad, Centre, `dab, etc.) Section Headline: General Notice Tender ❑ Proposal Public Notice Sub-Headline (if applicable); Text: INSERT ATTACHED Call to Action: J, Patrick Woods, Common Clerkffircfliet communal Contact: Telap. hoiie. (506) 65&2.862 207 SCHEDULE (PAGE _lLof PROPOSED ZONING BY-LAW AMENDMENT RE: 037 FIILLCREST ROAD Public Notice is hereby given that the Common Council of The City of Saint JoWi 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, June 18, 2007 at 6.00 P.m., by: Rezoning a parcel of land located at 937 Hillcrest Road, having an area of approximately 5490 square metres, also identified: as being PTO No, $5090526, from 0'.RS-1" One and Two Family Suburban Residential to "13-21' General Business: REASON FOR CHANGE; To permit a motorcycle repair garage on the same property as the applicant's residence. 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, f 5 Market Square, Saint John, N.B. between the hogs of 8:30 a,m. and 4:30 p.m., Monday through l riday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall, J. Patrick Woods, Common Clerk 658-2862 PROJET 13E MODIFICATION DE VARRIMt SUR LE ZONA GE OBJET : 937, CHEMIN KILLCREST Par les pr6sentes, un avis public est donn6 par lequei le oonseil communal de The City of Safnt.John indique son intention de modifier 1',arrdtd sur le zQnage de The City of Saint John, lors de la rtuninii ordinaire qui ser tiendra dens .la salle du ct nstil lo liundi 18 join 20107 A 18 h, on apporfant la modification suiva,nte: Rezonage dune parcelle de tetrain °situ& au 937, chemin Hillcrest, d'une supenccie approxinlativc de 5 490 m6tres owds et portant le NM 5509052.6, afin de faire passer la classification de zone .rdsidentielle de banlieae - habitations unifamiliales et bifarniliales <tRS-1sr 6. zone commerciale gdmdrale tz Ir3.,2 MOTIFS DE LA MODIFICATION : Pour permdttre l'am6nagement d'un garage, de r6paration de rnotocycl'ettes sur la m6n a propri6t6 que.1a r6sidence du requdrant. Toute personne .int&ess6e peut examiner la modification propos6s au bureau du greffier communal ou au bureau de Purbauisme et du d6veloppernent d I'.hStel de vilie situ6 au 15, Market Square, A Saint John, au Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jburs fdrids. Veuillez faire part de vos objections au projet de modification par 0orit 4 1'attootion du soussignd & 116te1 de ville. J; Patrick Woods, groffier cormmunal 658=2862 208 SCHEDULE 11~ r . (PAGE 5 of /,S7) PROPOSED: ZONING BY-LAW AMENDMENT RE 937 MLLCREST ROAD Public Notice is hereby, given that the Common Council of The City of Saint Jalui intends to consider amending The City of Saint John Zoning lay-law at its regular meeting to be field in the Courteil Ch4mber on Mondgy-, June it, 2007 at 6:00 p.m., by. Retuning a parcel of land .located .at 937 Hillcrest Road, having an area of appro imatoe y 5490 square metres, also identified 0 being PID No. 55090526, from 'IRS=1" One and Two Family Suburban Residential to "B-2" General Business. REASON FOR CHANGE; To permit a motorcycle repair garage on the same property as the applicant's residence, The proposed amendment way be itsapected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hof, 15 Market Square, Saint John, N.B. between the hours of 8;30 a.m, and 4:30 p.m., Mondaylhrough Friday, inclusive, holidays excepted. Wt'itten objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658-2862 PROJET DE MODIFICATION DE I,'AHRATE SUR LE ZONAGE OBJET 937, CHEMTN HILLCREST Par les pttsentes, un uvis public est dann6 par lequel le Conseil communal de The City of Saint Jahn indiquo son intention de modifier 1'arr6te sur le zonage de The City of Saint John, fors de la r6tthion ordinaire qui se tiendra daps la Salle du Conseil le lundi 18 Suin 2007 b, IS h,. on apportant la modification suivante : Rezonage dune parcelle de terrait; Shute au 937, chemine Hillerest,.d'une supergcie approximative de 5 49J0 m6tres carr6s et portant le NID 55090526, afin de faire passer In ciassifieation do zoae r6sidentlello do baiolieue - habitations unifamiliales et bifamiliales t<RS-1r~ ~ zone Commerciale g6n6ride «'B-2 r>. MOTIFS DE LA MODIFICATION : Pour permettre 1'amenagement d'un garage de reparation de motocyclettts sur la m6me propri6t6 de la r6sidence dui regu6rant. Toute,personne int6ressee peut examiner In modification proposer; au bureau du gret~er communal ou au bureau de Purbanisncme, et du d6veloppernent i 1'hdtdl de ville situd au 1$; Market Square; a Saint Johip, au Nouveau-Brunswick, entre 8 h 30 et 16:h 30 du landi au vendredi, sauf les jours f6668, Veuillez faire part de vos.objections au projet do modification par bcrit A 1'attentieni du soussigM 4l'h8tel de villa. J. Patrick Woods, greff`ier communal 658-2862 209 SCHEDULE 1 rc ~r (PAGE of BY-LAW ]NUMBER CX. y.r0- ARRtIt N° C.P.. f 10- A LAW TO A1v E,NI) AIL&'It5IOI)n?IANT VARRf Tt. THE ZONING BY=LAW SUR LE ZONAL; E DE ` ME CITY OF OFTHE CITY OF SAINT JOHN SA NT JOHN Be it enacted by The City of Saint I.ors dune r6union du conseil Jahn in Common Council convened, as commtuial,. The City of Saint Jnhri, a follows: d6cr&t co qui suit : Th6 Zoning ay-law of fhe.City of Varr&6 sur le zonage de The City Saint John enaoted ii the nineteenth day of of Saint John, citeret6 le &-nimf 19) DWern'ber, AXF, 2005js.arriendi3d by: ddcembte 2065, cal-trtadiA6.par : I AFttending Schedule "P.", the 1 4modifoatiorl:de`l`moxc,Mn, Zoning Map of The City :of Saint. John, by Plan do zonage do The City.ofSaintLJ0Iie4 r9.-zoning. :a parool of land iocO10 tit 937 pennetlant de Modifw Is. ftigrt ation Llano Hillerest Road, having an area of parcelle de termift Sltttbe Mi 937, theinin approximately 5,490 "stluhre metros, also Hillcrest, dine suoerficie appioxunat ve de identified as being PID No. 55090526, 5.490 matres carrels et poitant ]c from "RS=1" One and Two f4 nLily NIU 550.90526, An de faire passer la Suburban Residential to "B-2" Genera] classification de zone r@aidcntWIc de Business classification baWieue--habitations onifarniliales et bii'aritiiialesc+$S-1s~ azoneoommeroiale g&idriile « $ ~ ii. - all as shown on theplan attached haroto - toutes les Modifications sent indiqu6os sur and forming part of.this by-law, le plan ai joint ct font.partio du.prestrnt arr&d, M WITNESS WHEREOF The City of EN FOI DE QUOL The Oty of Saint John Saint John has catrsod the Corporate a, fair apposer scn sceau c6rnm tnal suf -le Common Seat orthe said City to be affixed piheiit artW to 2004; to iliis by-law the * day of A.D. 2007 avac ies signatures sufvantea and signed, by: Mayor/ Mahe Common Clerk/Oreffier communal First Reading - Prand6re lecture - Seoond Reading.- Deuxi6mme lecture TWrd Reading - Tro!Wwc iectute - 210 SCHEDULE ~ (PAGE of ~s) Mr. Tracy W. Summons Junell, 2007 330 I-Iiucrest Road Saint John, N.B. E2N 2131 Mayor McFarlane and Council: My name is Tracy Simmons and I am writing you this letter, ob}ceting to the rozoning. of 957 Iiillcrest Road. I moved to faint John almost sixteen years ago to work for the city, in doing so I found a wonderful new home on the Churahland Read. My wife and I really liked the peaceful, area . My family, like most do, got bigger and we out grew our home. We located a beautiful piece of property just around the corner on I illcrest Road and bought it. We purchased this property under the impression that there were several new building developments in. the works. Subdivisions wete planned by Kevin Steole, Mflw Dempster; Od Dennis. Landry of Residential Contractors. I though this would be :great for my -children, new homes, kids. for them to play with. Since spring we sbWed a 3904 square foot home over looking a lake.. T. was floored last weep when I noticed a huge fluorescent sip, stating Levesque's was moving and relocating to 937 Mllcrest Road.. I thought oh great way more traffic and motorcyles racing along this normally peaceful street. I gent and checked out 77 Golden Grove Road, the current location of Levesque's motoreyele shop. I noticed a large quanity of tires and other parts behind their business. There are also work bays and. a large showroom in front with a parts counter, it appears Mr. Levesque has a decent business operating, qualifying my concerns that there will be more traffic coining and going.from our neighborhood, I also feel that the city will loose future to revenue from people refusing to build new homes across the street from a motorcycle garage. Currently ReCclential Contractors have several new hoine building lots for We directly across the street from this proposed business. Please your worship and council do not allow this property to be rezoned and ruin "our little piece of the country in the city". Respectfully, Tracy Si nio . J+- 211 Panning Advigoiy Committee June 13, 2007 L Your Worship and Councillors, P.O. Box .19'71 506 658-2800 Saitit. Jahn New BrunWiCk CanadaE2L 4L1 SUBJECT: Proposed Rezoning - 937 Hillcresi Road On May 22, 2007 Common Council. preferred the above matter to the Planning. Advisory Committee for a report and recommendation. TheCommittee considered the attached report at its June 12, 2.007 meeting. SCHEDULE (PAGE T" of / Sl x City of Saint )ohn The property owner, Mr. Benin. Levesque, appeared before the Committee °'in support of the application. He indicated that he did not anticipate a substantial increase in traffic due to the presence of his business and that the bulk of the operations will take place inside the existing garage. A portion of the existing compound will be used for storage but would be screened by fencing. His stated intention was to retain the residential appearance of:his property. Mr. Mike McCaig (60 Marilyn Drive) addressed the Committee in opposition to the proposal. He expressed concem with regard to potential noise and increased traffic on Hillcrest Road if the rezoning. were to be approval, In addition, coneerri was expressed about the number of businesses, specifically vehi cle..repair garages, currently operating in the residential area. In addition to the above presentations, the Committee received a letter from Mark Freeze (905 Hillerest Road) expressing objections and concerns with respect to the proposal. A copy of the letter is attached. After considering the report, the IcUcr and presentations, the Committee adopted staff recommendation as set out below. R, COMM1, NDATION: That the application be denied. ReS tf . y abmitted, r 5 .ph n Horg Chairman PF Attachments 212 SCHEDULE -4:! J ~r (PAGE -J_of Planning and Development P.a. BoXJC,P, 1971 Wbanlsme et ddvelappement Saint John, NB/N.-B. Canada 92L 4L t DATE: XNE 8, 2007 The; G.ty.pFSaittt john TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF TUNE 12, 2007 Patrick Foran Planning Officer SUBJECT- Name of Applicant: Bertin Levesque Name of Owher: Benin Levesque Location: 937 Hillerest Road 1PID: 15090526 Municipal Plan: Uriserviced Residential Zoning: "RS-1" One and Two family Suburban Residential Proposal: To rezone an unserviW residential property in order to permit a motorcycle repair gar-age. Type.of Application. Rezotni-ng and canditioftal use, JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's 213 It rr SCHEDULE ~ Bertin Levesque Page 2 (RAGE ! of 937 Hillerest:.Road hirte 8, 2087 recornmendation will be considered by CDnirnon Council at a.Public Hearing on Mond-Ay, June 18, 2007. The Zoning By-law authorizes the Committee to impose terms and Conditions upon the establishment and operation ofa repair garage in the "BQ" General Business zone, STAFF REC6MMENDATIDN TO CO.MMI<TrTEE- That this application. be denied. INPUT -FROM OTHER SOURCES: Municipal Operations and -Engineering has no objections to the proposed rezoning and conditional use. Building and Technical Services indicate that floor plans of the garage including provisions for exiting and washrooms will be required as part of the pertnitting process. Fire Department has reviewed the proposal and has the following concerns and comments: E Spraying or undercoating operations, shall conform to the standards as identified in section. 5,4 of the National Building. Code of Canada 1995. • Hot works'(welding, etc) operations, shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1595. The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B 149.2-00 of The. Propane Storage and Handling Code. • The heating system within the garage must satisfy the National. Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) Shall make an assessment as to the appropriateness of the electrical system to support the garage operations. '11c Saint John Fire Department's acceptance of the above rezoning. application :is conditional on the above conditions being. satisfied. N.B. Department of Environment and Local Government has been advised of the application. 214 Benin Levtsque 937 Hillerest Road ANALYSIS: Subject Property and Neighbourhood Page 3 June 8, 2007 SCHEDULE • r~i ~ r (PAGE l/ of ! Sj The subject property is situated on the Hillcrem Road in East Saint John (see attachments). The general. area is rural in character and there are currently -only approki iatel1y seven.(7). other homes within a quarter-kilometre radius of the property. There also appears to be a gavel lilt to the west of the site at 89714illcrest Road, approximately 85.metres (280 feet) from the boundary of the subject site. The property contains a dwelling set fear back from the road with an existing garage located to the west of the residence. There is a large paved driveway area separating the two buildings. Although most of the site is screened from adjoining properties by mature vegetation the garage, which faces east, is visible from the street when approached from. that direction, The applicant is requesting permission to establish and operate.a motorcycle repair garage from the existing accessary building on his residential property at.937 Hillcrest Road. The business is currently in operation at 77 Golden Grove Road and the applicant has indicated that the lease at the current location is due to expire. Because the landowner does not want to renew the lease the applicant would like to relocate the business to his. residential property. Aceording to the applicant, the hours of operation are nornially'froxn. 9:00 a.m. until 6:0.0 p.m. Mondays to Fridays and froth 9:00 a.in. until 1:00 p.m, on Saturdays: The applicant ind:icstes that there are usually 5-10 vehicles involved in'the business at any one time, General mechanical work is undertaken on motorcycles although no body work or painting is performed. In addition to the repair garage, the applicant would also have one to two all-terrain vehicles (ATVs) for. sale as well as motorcycle parts and accessories. The applicant would continue to reside. in the dwelling. Municipal Plan and Rezoning Consideration The general area is designated by the Municipal. Development Plan as Unseirvicced-Residential. The Plan envisions such areas in the community as being appropriate for the development= of larger residential properties with private on-site services. The Plan also recognizes that certain non-residential uses are appropriate for such areas. These land uses are seen as necessary to primarily serve the needs of the local resident population; or are compatible with residential uses. Such land uses include, elementary schools, daycare. centres, parks, churches, and neighbourhood commercial facilities such as small convenience stores. Furthermore, the Plan encourages the:exclusion from residential areas those uses that arenot compatible with these neighbourhoods with respect to the following: 215 SCHEDULE fr Bertin Levesque page 4 (PAGE 2-of j5, 937 Hillcrest Road .Jane. 8, 2007 • Generation of traffic that is eNcessive in volunme and not local in. nature; • The production of smoke, dust, fumes or noise, The creation of hazardous or dangerous cotiditiorns by virtue ofthe operation, material or equipment used. A motorcycle repair garage is not envisioned by the Flan as being a corhpatible, use. in residential neighbourhoods. Indeed, the City has had to deal with a number of illegallnnn-c~onforming.repair garage and auto body shop operations in residential neighbourhoods over the years, The tra.Mo, outdoor vehicle storage, contamination from automotive oils and various chemicals, as well as the noise, dust and fumes associated with such uses can -adversely affect the oharacter of residential neighbourhoods. It is recognized that the scale of the proposed business, is relatively small and that the.guage has a residential appearance and conforms to the residential accessory building staztdards. l3owover, although the area is sparsely populated at .present, there are several rural subdivisions in the vicinity-that are in the process of being developed; A repair garage specializing in_mototeyeles is not compatible with residential land use and approval of the proposal may adversely affect .not only existing residents of the neighbourhood but also reduce the desirability of tots in the developing subdivisions. While it is understood that the proposed scale of the business is limited, there always. remains the concern in the future that this business perhaps under new ownership, will not operate in the same manner. While conditions can be imposed by the City, such conditions often, fail to truly regulate the nature of the business by now operators who are :less sensitive to the residential neighbourhood. There is: also concem that this isolated commercial zoning will attract future interest for other businesses permitted in the "B-2" General Business zone. Again, while +conditions can be. imposed to limit the use of the property to this specific business, it is not unusual that other snare intensive business proposals are permitted due to the pre-.existing commercial zoning. CONCLUSION: There have been a number of similar rezoning applications in the past for repair garages in residential areas not supported by staff for the reasons mentioned in this report. Approval for this motorcycle repair garage cannot be rocommended. PF Project No. 07.176 216 SCHEDULE t (PACE of PLANNING AND 0 EVE LOPMENTIVROANISME ET DEVELOPPEMENT Location, 937, ch, Hillcre$t Road Date-, April 1 avril 30, 2007 A Scalel6chelle. Not to scalelPas a 1`echelie 217 Subject Site/site en question; 55090,526 {PAGE -1-0 218 Mark Freeze 905 hillcrest Road 5aintJohn, NQ E2iN 2137 June 6, 2007. rr ,r SCHEDULE (PAGE -L5 i Re: Proposed Rezoning and Cohditibnal Use Application 937 Hillcrest Road Planning Advisory Committee City of Saint John P.0. Box 1971 Saint John, N8 E21.41.1 Dear Planning Advisory Committee: My name is Mark Freeze and I am writing In regards to the re-zoning of 337 Hillcrest Road from a Residential to Commercial property, I have lived on Hillcrest Road for 14 years and rve seen this area build up over the years. What was once mostly an all. wooded area has now turned into a nice urban living area with subdivisions being constructed every few months. In the last two years, I have seen many new fam.ules move into this area, multiple subdivisions being constructed and the roads being repaired and repaved. I believe that with 937 Hillcrest Roar) being re-zoned as a coromerelal property this would create an excess of traffic as well as noise. With the roads being repaired and repaved'in the last couple years, this has created conditions to•which some drivers prefer to drive fast on with their motorcycles as well gas their automobiles, if this route is being taken on a regular basis by custc m.ors to this business, they may have a tendency to drive above the speed limit. This would create much more dangerous conditions, espgcfally where there are families rniith small children moving into the area each month. In the last few weeks, I have already started to notice an Increase of motorcycles entering and leaving this property at all hours of the clay and night. This has been an inconvenience to many neighbours as well as myself. I will presume that this will continue to increase as'this business opens in this location full time, as well as while it continues to grow. I hope you will consider refusing this.re=zoning request.. I believe it will cause a negative impact on the. community and possibly cause current residents to consider moving or cause potential residents to rnove`elsewhere. Thank you for your time. Sincerely, f Mark Freeze ' %Jlii~ 4 219 y PLANNING ADViQ-( i2- COMMITTEE MINUTES ! PAGE: 11 JUNE 12, 2007 2. The club or lounge is restricted to the existing building and a maximum of 84 seats. 8. The provision of entertainment in conjunction with the club or lounge is subject to the following restrictions. a) entertainment is restricted to the interior of the building; b) the sound from any recorded music or live entertainment must not be detectable outside of the building; c) "exotic entertainment" is prohibited. 4. Any car sales lot on the property is limited to the display of a maximum of five cars at any one time. 5. The existing gravel portion of the parking area must be paved and the existing paved area must be repaved with asphalt prior to the commencement of any club, lounge or car sales operation on the site. C. That the Planning Advisory Committee impose no additional terms and conditions upon the establishment and operation of a car sales lgt- at 69 Russell Street. CARRIED TCIGK Item 12: Bertin Levesque 937 Hillerest Road Proposal: To rezone an unserviced residential property in order to permit a motorcycle repair garage. Type of Application: Rezoning and Conditional Use. One letter opposed to the application had been received. Mr. Bertin Levesque, the applicant, appeared before the Committee and indicated he was not in favour of the recommendation. Mn Levesque explained that at his current operation he has arrangements to have the oil and tires removed from'the site once a month, At the new site, he indicated the garage is large enough that he does not need the whole area for the business, so he will use part of it to store the tires until they are picked up. He also plans on removiing a chain link fence and replacing it with a wooden one to screen part of the property. He intends to keep the property neat and tidy because his house is also located on the same lot. Since all the work will be conducted inside the garage, he does not anticipate any noise or fumes coming from the operation. The majority of his work is with ATVs and motorcycles that are towed to the site andrthen driven away once they are repaired. He explained the volume of traffic is already high on the road along with several dump trucks traveling the road and does not feel his business . would add to the volume of traffic. Regarding a concern about motorcycles traveling the road at high speeds, he noted that the road in front of his house SCHEDULE $A (PAGE f of oZ 220 A PLANNING ADVIS COMMITTEE MINUTES l PAGE: 12 L' JUNE 12, 2007 and for roughly a mile past his property is in rough condition. He feels this helps to hinder speeding. His business hours are from 8:30 a.m, to 4:30 p.m. Monday to Friday and 8:30 to 12 noon on Saturdays and he is the only employee. When asked if he has any retails sales, Mr. Levesque explained that he will sell the odd used motorcycle but it would be contained within the building. He continued he has no intention of operating a motor vehicle inspection station, as he does not do any work on vehicles. He only works on motorcycles and ATVs. Staff was asked for clarification on why it was felt the generation of traffic would be excessive from this proposal. Patrick Foran explained that given it is a residential street that is currently sparsely populated with roughly seven houses within a quarter of a kilometer from the subject site, he felt it would not take much to notice an increase in traffic. Past experience with these types of businesses is there does tend to be a noticeable increase in traffic; it is a commercial use in a residential zone. Mr. Mike McCaig, 60 Marilyn Drive, appeared before the Committee opposed to the application. He expressed concern with regard to potential noise and increased traffic on Hillcrest Road if the rezoning were to be approved. Mr. McCaig noted he had visited the present location of the applicant's business and saw there was a retail business for bike equipment, parts and clothing. He noted the front of the business was kept neat and clean, a bit unsightly to the rear but it was fenced and out of the view of the public. In addition, concern was expressed about the number of businesses, specifically vehicle repair garages, currently operating in the residential area. He noted the area is a rural area but it has the potential for future residential living. Mr. McCaig made note of different residential developments, which are currently being developed or have the potential for future residential development. Mr. Levesque re-appeared before the Committee and addressed the concerns raised. He noted he does not allow test-driving of any vehicles he may have, as it is too easy to damage a bike. He acknowledge there is a steady flow of motorcycles that drive on Hillcrest Road but stated it was not because of his business but rather because many people already own ATVs and motorcycles in the area. He re-iterated he intends to keep any storage within the garage and not outside. His property will not be unsightly. Mr. Levesque named the other businesses already operating on Hillcrest Road. The Committee considered the report and presentations and adopted the recommendation. It was MOVED and SECONDED that this application be denied. CARRIED BR/GK rc SCHEDULE . {PAGE 9 of ) 221 92-869 COMMON COUNCWCONSEIL COMMUNAL JUNE 18, 20071-Le 18 JOIN, 2007 identified as being a portion of PID Number 296673, from "RF" Rural to "I-1" Light industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The City of Saint John". 9.7a) Projet de modification de 1'arrete sur le zonage visant le 921, chemin Ashburn 9.7b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont Ste publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 921, chemin Ashburn, d'une superficie approximative de 4 000 metres carres at inscrite sous Is NID 296673, pour faire passer la classification s'y rapportant de zone wrale « RF » a zone d'industre legere « 1-1 afin de permeltre I'amenagement d'un entrep6t. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de Is seance du 12 juin 2007, pendant laquelle Is rwmite a resolu de recommander Papprobation, tells qu'elle est soulignee dens Is recommandation du personnel, voulant qua Is conseil communal procede au rezonage de Is parcelle de terrain situee au 921, chemin Ashburn, tells qu'elle est dacrite ci-dessus, sous reserve des conditions imposees par Particle 39. Le maire invite Is public a se prononcer contre Is rezonage, mais personne ne prend Is parole. Le maire invite Is public a se prononcer en favour du rezonage, mais personne ne prend la parole. Proposition de Is mairesse suppl6ante Hoolon Appuyee par Is conseiller White RESOLU que I'arrete intilule.« Arrete modifiant I'arrete sur le zonage de The City of Saint John relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 4 000 metres carres, situee au 921, chemin Ashburn et portent Is NID 296673, afin de faire passer Is classification s'y rapportant de zone rurale « RF » A zone d'industrie legere « 1-1 fasse I'objet d'une premiere lecture. A Tissue du vote, Is proposition est adoptee. Premiere lecture par titre de Parretti intilule «Arrete modifiant 1'arrete sur Is zonage de The City of Saint John Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule a Arrete modifiant I'arrete sur Is zonage de The City of Saint John relativement au rezonage d'une parcelle de terrain d'une superf icie approximative do 4 000 metres carres, situee au 921, chemin Ashburn et portant Is NID 295673, afin de faire passer Is classification s'y rapportant de zone rurale a RF » e zone d'industrie legere « 1-1 fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxibme lecture par titre de I'arrete intitule «Arrete modifiant I'arrete sur Is zonage de The City of Saint John 9.8(a) Proposed Zoning By-law Amendment - 937 Hillorest Road 9.8(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 937 Hillcrest Road having an area of approximately 5490 square metres, also identified as being a portion of PID Number 55090826, from "RS-1" One and Two Family Suburban Residential to "B-2" General SCHEDULE (PAGE / of ) 222 92-870 COMMON COUNCILICONSEIL COMMUNAL JUNE 18, 20071Le 18 JUIN, 2007 Business classification to permit a motorcycle repair garage on the same property as the applicant's residence. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend denial as set out in the staff recommendation, to re-zone a parcel of land located at 937 Hilicrest Road as described above. The Mayor called for members of the public to speak against the re-zoning with Hilicrest Road residents, Glen Filmore and Joe Speight, objecting to the residential area being compromised, possible increased traffic and possible decrease in the value of residents' properties. The Mayor called for members of the public to speak in favour of the re-zoning with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the application to re-zone a parcel of land located at 937 Hillcrest Road having an area of approximately 5490 square metres, also identified as being a portion of PID Number 55090526, from "RS-1" One and Two Family Suburban Residential to "B-2" General Business classification, be denied. Question being taken, the motion was carded. 9.8a) Projet de modification de I'arret>s sur Is zonage visant le 937, chemin Hillcrest 9.8b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique qua [as avis requis ont Este publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 937, chemin Hillcrest, d'une superficie approximative de 5 490 metres carres et inscrite sous le NID 55090526, pour fairs passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at bifamiliales a RS-1 » e zone Commerciale generate c B-2 n afin de permettre 1'exploilation d'un garage de reparation de motocyciettes sur la meme propriete qua la residence du demandeur. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, a laquelle Is Comite a resolu de recommander le rejet de la proposition, comma Is souligne la recommandation du personnel, voulant qua le Conseil communal procede au rezonage de la parcelle de terrain situee au 937, chemin Hillcrest. Le maire invite Is public a exprimer son opposition au projet de rezonage : Glen Filmore et Joe Speight, taus deux residents du chemin Hillcrest, s'opposent au projet car ils craignent que la zone residentielle ne soit compromise, qu'il y alt une augmentation possible de la circulation at une diminution possible de la valeur des proprAtes des residents. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend 1a parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLD qua la demands de rezonage d'une parcelle de terrain situee au 937, chemin Hillcrest, d'une superficie approximative de 5 490 metres carres at inscrite sous le NID 55090526, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at bifamiliaies « R5-1 » a zone commercials generale « B-2 soit rejetee. A I'issue du vole, la proposition est adoptee. 11. Submissions by Council Members ! r~ f / SCHEDULE (PAGE 0- of °Z ) 223 i, t Buildings and Inspection Services P.O. Box/C.P. 1971 Services d'inspection et des batiments Saint John, NB/N,-B. Canada E21, 4L1 www.saintjohn,ca July 10, 2007 Case Number: 07-00000650 Bertin Levesque 937 Hillcrest Rd Saint John, NB E2N 2B7 Dear Sir: FIRST NOTICE !Et SCHEDULE 3' (PAGE / of 6 ) Our records indicate that you are the owner of the following property: Address: 937 Hillcrest Rd PID 55090526 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. I will re-inspect your property within the next two weeks. If you have any questions or concerns, please contact me at 658-2911 for further information, Regards, Darryl Berube Technical Services Inspector Attachment 224 VIOLATION DETAIL PAGE I CASE NUMBER 07-000 J6 v 1f Fr PROPERTY ADDRESS 937 HILLCREST RD SCHEDULE S (PAGE o-2- of ? VIOLATION: 800A QUANTITY: 1 ZONING - Land use DATE: 7/04/07 NARRATIVE : It appears that you are continuing to operate a motorcycle repair shop. This activity has been rejected by PAC and by common council. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. VIOLATION: 107 QUANTITY: 1 NO PERMIT - ERECTING SIGN DATE: 7/04/07 NARRATIVE : It appears that you have erected a sign on your property without obtainning a permit. BYLAW DESCRIPTION The City of Saint John Building By--Law requires that a Building Permit be obtained prior to the erection or placement of any sign for which Development Officer approval is required.. CORRECTIVE ACTION REQUIRED : The sign or signs must be removed until such time as a Building Permit has been issued for the installation. 225 Buildings and Inspection Services Services d'inspection et des batiments www.saintjohn.ca July 26, 2007 Case Number: 07-00000650 Bertin Levesque 937 Hillcrest Rd Saint John, NB E2N 2B7 Dear Sir: P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada EM 4L1 SECOND NOTICE SCHEDULE f a " (PAGE, 3 of 6 ) Our records indicate that you are the owner of the following property: Address: 937 Hillcrest Rd PID 55090526 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. This was previously brought to your attention. You are requested to correct the violation by August 9, 2007. 1 will re-inspect the property at that time. Please contact me at 658-2911 if you have any questions. Regards, Darryl Berube Technical Services Inspector Attachment 226 C,.ASE NUMBER PROPERTY ADDRESS VIOLATION DETAIL 937 HILLCREST RD PAGE ( SCHEDULE f -T it (PAGE ofi__4;) VIOLATION: SODA QUANTITY: 1 ZONING - Land use DATE: 7/04/07 NARRATIVE : It appears that you are continuing to operate a motorcycle repair shop. This activity has been rejected by PAC and by comrrion council. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. VIOLATION: 107 QUANTITY: 1 NO PERMIT - ERECTING SIGN DATE: 7/04/07 NARRATIVE : It appears that you have erected a sign on your property without obtainning a permit. BYLAW DESCRIPTION : The City of Saint John Building By-Law requires that a Building Permit be obtained prior to the erection or placement of any sign for which Development Officer approval is required.. CORRECTIVE ACTION REQUIRED : The sign or signs must be removed until such time as a Building Permit has been issued for the installation. 227 Buildings and Inspection services Services d'inspection et des batiments www.saint}ohn.ca August 15, 2007 Case Number: 07-650 Bertin Levesque 937 Hillcrest Road Saint John, NB E2N 2B7 Dear Sir: P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 FINAL NOTICE SCHEDULE " (PAGE 4f.3 Our records indicate that you are the owner(s) of the following property. Address: 937 Hillcrest Road PID 55090526 An inspection of your property has revealed that you have not corrected the violation of the Zoning By-Law brought to your attention in previous letters. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. You are hereby ordered to correct the violation before August 29, 2007. Failure to comply may result in legal action to obtain your compliance. Please contact me at 658- 2911 if you have any questions. Regards, David G. M. Crawford, P. Eng. Deputy Building Inspector c: Darryl Berube , Technical Services Inspector Attachment 228 V l l/ LC? J. L Div wrl I l-1I L PAUE CA.S~Y NUMBER o 7 0 a t650 F SC ~ REDUCE PROPERTY ADDRESS 937 HILLCREST RD (PAGE 6 of Ga ) VIOLATION: SODA QUANTITY: I ZONING - Land use DATE: 7/04/07 NARRATIVE : It appears that you are continuing to operate a motorcycle repair shop. This activity has been rejected by PAC and by common council. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. VIOLATION: 107 QUANTITY: 1 NO PERMIT - ERECTING SIGN DATE: 7/04/07 NARRATIVE : It appears that you have erected a sign on your property without obtainning a permit. LfLAW DESCRIPTION : The City of Saint John Building By-Law requires that a Building Permit be obtained prior to the erection or placement of any sign for which Development Officer approval is required.. CORRECTIVE ACTION REQUIRED The sign or signs must be removed until such time as a Building Permit has been issued for the installation. 229 L -C b' O. J SCHEDULE " (PAGE 1 of S ? NQ LU LJj LU (R 231 Fr SCHEDULE (WAGE :5 of A v to 0 w D C.D (PAGE S of S ) SCHEDULE / ~ Lfj . SCHEDULE 910 ADMINISTRATION (PAGE _-Lof,. _L) (1) Enforcement (a) The Building Inspector is authorized to enforce the provisions of this By-law. (b) The Building Inspector has the right to enter at all reasonable times upon any property within the City for the purposes of making any inspection that is necessary for the administration or enforcement of this By-law. (c) Whenever the Building Inspector shall find, in the case of any permit heretofore or hereafter issued pursuant to subsection (2), that such permit, including any of the terms and conditions under which such permit was issued, has not been or is not being complied with, he is authorized, after 30 days notice to the owner or occupant of the affected land, building or structure to suspend or revoke such permit or take other action as he deems necessary to ensure compliance or remedy. (2) Chanae in Use (a) No person may change the purpose for which land, buildings or structures, wholly or in part, is used without obtaining a permit. (b) A person wishing to obtain a permit under this subsection shall make application therefor to the Building Inspector, which shall: (i) be filed on forms obtainable at the office of the Building Inspector; (ii) be signed by the applicant; (iii) state the intended use of the land, building, structure or part thereof; (iv) show the location, extent and layout of the new use; and (v) contain such other information as maybe required for the purposes of establishing if the new use conforms to the requirements of this By-law. (3) Amendments (a) A person who seeks to have this By-law amended shall (i) address a written and signed application therefor to the Council; (ii) submit with the application a fee of $400 payable to the City of Saint John; and (iii) file a copy of the application with the Committee. (b) The Council may, if it deems fit, return all or any part of the fee mentioned in this subsection, (c) An application under this subsection shall include such information as may be required by Council or the Committee for the purposes of adequately assessing the proposal. 190 235 ( SCHEDULE t~ Community Planning Act (PAGE -L-of o-~- 1 Chap. C-12 80(1) Subject to subsection (2), where a regional plan, rural plan, municipal plan, basic planning statement, development scheme or urban renewal scheme indicates that certain land may be required by the Minister or a municipality for a purpose de- scribed in it, compensation for such land on expro- priation shall not include any amount in respect of an unauthorized development on such land after the date of the statutory notice of intention to adopt, or to recommend adoption of, such plan, statement or scheme. 80(1) Sous reserve du paragraphe (2), lorsqu'un plan r6gional, rural ou municipal, une declaration des perspectives d'urbanisme ou un projet d'amena- gement ou de renovation urbaine indique que le Mi- nistre ou la municipalite peut avoir besoin de cer- tains terrains pour une fin qui s'y trouve d6crite, 1'indemnite d'expropriation de ce terrain ne doit comprendre aucun d6dommagement a 1'6gard d'un amenagement non autoris6 sur cc terrain et poste- rieur a ]a date de ]a notification legale de ]'intention d'adopter cc plan, cette d6claration ou cc projet ou d'en recommander ]'adoption. 80(2) A judge of The Court of Queen's Bench of New Brunswick, on the petition of a person affected by subsection (1), may order that compensation be paid in respect of a development mentioned therein if he is satisfied that such development was under- taken in good faith without knowledge of any re- striction imposed thereon by this Act or any plan, statement or scheme hereunder. 1972, c.7, s.80; 1979, c41, s.19; 1994, c.95, s.34. PROHIBITION RE DEVELOPMENT 81(l) Except as otherwise provided in this sec- tion, no person shall undertake a development and no building permit or development and building permit shall be issued for such development unless the development officer having jurisdiction ap- proves such development as conforming with, where it applies to the land on which the develop- ment is located, (a) any municipal plan, basic planning state- ment, rural plan, development scheme or urban renewal scheme (i) in effect, (ii) in respect of which an adopting by-law has been the subject of a resolution under paragraph 68(1)(a); or 123 80(2) Un juge de la Cour du Banc de la Reine du Nouveau-Brunswick peut, sur requete d'une per- sonne visee par le paragraphe (1), ordonner le paiement d'une indemnite pour un amenagement y mentione6 s'il est convaincu que cet amenagement a et6 entrepris de bonne foi, sans que ]a personne sa- che qu'il existait des restrictions imposees par ]a pr6sente loi ou par tout plan, toute declaration ou tout projet adopte en application de la pr6sente loi. 1972, c.7, art.80; 1979, c41, art.19; 1994, c.95, art.34. INTERDICTION D'AMENAGEMENT 81(1) Sous reserve des dispositions particulieres du present article, nul ne peut entreprendre un amd- nagement et nul permis de construction ni aucun permis d'amenagement et de construction ne peut We delivr6 a cet effet, a moins que ]'agent d'ame- nagement comp6tent n'approuve cet am6nagement comme etant conforme, quand it s'applique au ter- rain sur lequel ]'amenagement a lieu, a) a un plan municipal, ~ une declaration des perspectives d'urbanisme, a un plan rural ou a un projet d'amenagement ou de renovation urbaine (i) en vigueur, (ii) pour lesquels Parretti les adoptant a fait ]'objet d'une resolution en vertu de 1'alinda 68(1)a); ou 2001-12 236 rt rr SCHEDULE" Chap. C-I2 Loi sur 1'urbanisme (PAGE Z' of R ) (iii) in respect of which the Minister has (iii) a 1'6gard desquels le Ministre a publie published a first notice under paragraph un premier avis conformement a I'aIin6a 68(i)(b); 68(1)b); (b) subject to paragraph (a), any zoning or de- ferred widening or controlled access street by- law or regulation (i) in effect, or (ii) in respect of which the council has adopted a resolution under section 71, or the Minister has published a first notice under paragraph 68(1)(b); and (c) a regulation under subsection 77(i)(h.1), (1) in effect, or (ii) in respect of which the Minister has pub- lished a first notice under paragraph 68(1)(b). 81(2) The provisions of subparagraphs (1)(a)(ii) and (iii) and subparagraph (1)(b)(ii) cease to apply (a) in the case of a resolution under paragraph 68(1)(a), when the by-law becomes valid or when it fails to become valid because of the op- eration of subsection 68(6) or because the coun- cil does not meet the requirements of paragraph 69(1)(b) within a reasonable time, (b) in the case of a resolution under section 71, as provided in subsection (1) thereof, and (c) in the case of a first notice, six months after the day the notice was published. 81(3) A permit under this Act, or the approval of a regional development, or a poster or placard in lieu thereof, shall be posted, in a prominent place on the property in respect of which the approval is 2001-12 124 237 b) sous reserve de 1'alinea a), a un arretd de zo- nage ou A un r6glement de zonage ou a un arrete ou un r6glement d'61argissement diffdre ou de li- mitation d'acc6s des rues (i) en vigueur, ou (ii) a 1'dgard desquels le conseil a adopte une resolution en vertu de Particle 71 ou le Ministre a publie un premier avis conforme- ment a Palinea 68(1)b); et c) un r6glement etabli en vertu de Palinea 77(1)h.l) (i) en vigueur, ou (ii) a I'dgard desquels le Ministre a publie un premier avis conformement a 1'alinda 68(1)b). 81(2) Les dispositions des sous-alindas (l)a)(ii), (iii) et (1)b)(ii) cessent de s'appliquer, a) dans le cas d'une resolution prise en vertu de 1'alin6a 68(1)a), lorsque 1'arrete prend effet ou lorsqu'il ne prend pas effet en raison de Pappli- cation du paragraphe 68(6) ou parce que le Con- seil ne satisfait pas aux conditions de 1'alinea 69(1)b) dans un ddlai raisonnable, b) dans le cas d'une resolution prise en vertu de ('article 71, selon les modalites fix6es au para- graphe (1) de cet article, et c) dans le cas d' un premier avis, six mois apr6s sa publication. 81(3) Tout permis delivre en vertu de la presente loi ou I'approbation d'un amenagement regional ou toute affiche ou tout placard en tenant lieu doivent etre places par ]a personne nommee dans le permis 86-709 COMMON COUNCIL NOVEMBER 10, 1997 ffq/ It Question being taken, the motion was carried. SCHEDULE f 18. City Market By-Law Amendment (PAGE l of Sundav Openina. November 16 Consideration was given to a report from the City Solicitor submitting for Council's consideration of third reading a proposed amendment to the City Market By- Law with regard to Sunday opening on November 16, which was given first and second readings on November 3. On motion of Councillor Knibb Seconded by Councillor Fitzpatrick RESOLVED that the by-law entitled, By-Law Number C-115-13 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", with regard to Sunday opening on November 16, be read a third time and enacted and the Corporate Common Seal be affixed thereto. The by-law entitled, By-Law Number C-115-13 A By-Law To Amend A By-Law Relating To The Market In The City Of Saint John", was read in its entirety. Question being taken, the motion was carried. 19. Designation Of Building Inspector For Enforcement Proceedinas Consideration was given to a report from the City Solicitor advising of the dismissal of an application to the Court of Queen's Bench respecting alleged violation of the City's Building and Zoning By-Laws on !November 3 on the grounds that the resolution purporting to authorize the Building Inspector's proceeding was ineffective and, more particularly, the Court determined that the Council resolution of July 22, 1985 purporting to authorize the Building Inspector to make an application to the Court of Queen's Bench preceded the appointment of the current Building Inspector Mr. William Edwards to that position and consequently was inoperative; and submitting a resolution for Council's adoption as it is now necessary, in order to pursue the alleged violations in question, for Council to adopt a resolution which makes it clear that the current Building Inspector, Mr. William Edwards, is designated to initiate and proceed with the application. The report also submits resolutions in order for the Building Inspector to proceed with two other applications which have been filed and set for hearing by the Court of Queen's Bench in the next couple of weeks which were also affected by the decision in question, one being with the alleged illegal use of property at 2291 Loch Lomond Road and one with respect to the alleged illegal use of the property at 407-409 Prince Street, and a resolution to support the Building Inspector's continuing initiatives respecting enforcement of the Community Planning Act; and also advises that the subject of the general designation of the Building Inspector to make application to the Court of Queen's Bench with respect to violations of the Municipalities Act or the Community Planning Act, as well as the by-laws, order, terms and conditions thereunder, requires further thought and he would endeavour to return to Council within the next two to three weeks with an examination and recommendation concerning that subject. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which would require Gordon a. Defazio and Katherine E. Defazio to immediately cease using or permitting the use of the garage which is located on their property at 2243 Loch Lomond Road (NBGIC Number 328187), Saint John, NB, for an automobile body repair shop and which would also require them to remove the two additions which were constructed without a building permit. Question being taken, the motion was carried. 238 SS-710 COMMON COUNCIL NOVEMBER 10, 1997 On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the use of their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the sale of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. voting "nay". Question being taken, the motion was carried with Councillor Brown On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407-409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enacted certain by-laws, including the Zoning By-Law and the Building By-Law, pursuant to the authority of the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by-law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried. 20(a) Appointment Of Deputy Chief of Police tbl Re Actina Chief Of Police 20(a) Consideration was given to a report from the City Solicitor, submitting for Council's consideration three resolutions prepared following the November 4 Committee of the Whole meeting, Resolution No. 1 which would operate to create a new job description for the Deputy Chief of Police position; Resolution No. 2 which would operate to appoint Grenville F. Ingraham to the position of Deputy Chief of Police of the Saint John Police Force for a term of five years commencing at 5:00 p.m. on Friday, November 14, 1997; and Resolution No. 3 which would provide for the rr If SCHEDULE IV_ (PAGE 1;? Qg 19- ) 239 I V ~ u i ii mm IIIIIII III F OPEN SESSION M&C2009-122 April 27, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT 85 Hayes Avenue (PID No. 408666) - Zoning By-Law Violation BACKGROUND City of Safta Jahn Buildings and Inspection Services has been dealing with Mr. Wayne A. McGaughey with regards to a violation of the Zoning By-Law since May 2000. Mr. McGaughey and Ms. Edna L. Baribault are the registered owners of a property bearing PID No. 408666, known as civic address 85 Hayes Avenue. The property is zoned "RS-2 One and Two Family Suburban Residential." Mr. McGaughey applied to have said property rezoned to "B-2 General Business" in order to permit an existing automobile repair garage and car sales lot. In June 2007, Common Council denied his application. The owner has been notified by staff a number of times since mid-2008 regarding his use of the property for an automobile repair garage. He has acknowledged that his business should be relocated elsewhere and has consistently indicated to staff that he was trying to obtain a properly zoned location. He has also clearly indicated that he had to maintain his present location so as to earn a living. In spite of Common Council's denial, Mr. McGaughey continued to use the property as an automobile repair garage. Notices and an Order from the Building Inspector requiring that the aforesaid use cease have been ignored. Staff recommends proceeding to the Court of Queen's Bench for an Order that would require the owner of the property to comply with the Zoning By-Law and cease the commercial use of the property. In order to pursue by-law violations which require an application to the Court of Queen's Bench, it is necessary for Common Council to adopt a resolution 240 M & C 2009 - 122 -2- April 27, 2009 designating the Building Inspector or the Deputy Building Inspector to initiate and proceed with the application. RECOMMENDATION Your City Manager recommends that the following resolution be adopted: "RESOVED that whereas the records of the Saint John County Registry Office show Edna L. Baribault and Wayne A. McGaughey to be the registered owners of the parcel of land located on the eastern side of Hayes Avenue, Saint John, NB at civic address 85 Hayes Avenue and designated as PID No. 408666, And whereas the said Property is zoned "RS-2", "One and Two Family Suburban Residential" under the Saint John Zoning By-Law, And whereas, contrary to and in violation of section 120 of the By-Law, and contrary to notices and an Order from the City of Saint John, the owners have continued to operate the vehicle repair business. BE IT RESOLVED that the Deputy Building Inspector, David Crawford, is hereby designated and authorized by the Common Council of the City of Saint John to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick for an Order that will require Wayne A. McGaughey and Edna L. Baribault to cease using or permitting the use of the property at 85 Hayes Avenue, Saint John, NB bearing PID No. 408666 for a vehicle repair business or other business. Respectfidly submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 241 I Canada Province of New Brunswick County of Saint John In The Matter of the Community Planning Act, R.S.N.B. 1973, c. C-12, and amendments thereto; and In The Matter of The Zoning By-Law, By-Law Number C.P. 110, and amendments thereto; and In The Matter of the Property located at 85 Hayes Avenue, Saint John, N.B. (Parcel Identifier Number: 408666) ORDER To: Edna L. Baribault and Wayne A. McGaughey 85 Hayes Avenue Saint John, New Brunswick E2M M Royal Bank of Canada Westwind Place Branch 800 Fairville Blvd. Saint John, New Brunswick E2M 5T4 WHEREAS, the Certificate regarding Title of Lynda Farrell marked as Schedule "A" was issued on August 5, 2008. It certifies that Edna L. Baribault and Wayne A. McGaughey are the registered owners in fee simple of the parcel of land (herein called "the McGaughey's Property") described therein and identified as Parcel 408666. It also shows the Royal Bank of Canada as a Mortgagee [Instrument Number: 114255851. The said parcel of land is located at 85 Hayes Avenue, Saint John, New Brunswick. The McGaughey's Property is shown on the portion of the Service New Brunswick map marked as Schedule "B". The Parcel Information Report attached as Schedule "C", and, the Property Assessment Information attached as Schedule "D" also show Edna L. Baribault and Wayne A. McGaughey to be the owners of the McGaughey's Property. An aerial view of the McGaughey's property is attached as Schedule "E". 242 WHEREAS, the McGaughey's Property is zoned as a "RS-2", "One and Two Family Suburban Residential", under the Zoning By-Law, supra [hereinafter referred to as the "By-Law"] as shown on the attached Schedule "E.1" zoning map. Section 120 of the By- law sets out the uses that are permitted in a RS-2 zone and prohibits all other uses. A copy of section 120 is attached as Schedule "F". WHEREAS, Wayne A. McGaughey applied to The City of Saint John to have, the McGaughey's Property rezoned from an "RS-2" zone to a "General Business (B-2)" zone in order to permit an existing automobile repair garage and car sales lot on the said property. A copy of the application dated March 31, 2007, is attached as Schedule "G". The Planning Advisory Committee of the City of Saint John at a meeting held on May 15, 2007, recommended that the application be denied. The report and relevant minutes of the meeting of the Planning Advisory Committee are attached as Schedule "H" and Schedule "I", respectively. The Common Council of the City of Saint John at a meeting held on May 22, 2007, recommended that staff meet with the citizens and Mr. McGaughey in order to come up with a solution to the re-zoning and to report back to Common Council. The relevant minutes of the Common Council meeting are attached as Schedule "J". The Common Council of the City of Saint John at a meeting held on June 18, 2007, recommended that the application be denied. The relevant minutes of the Common Council meeting are attached as Schedule "K". WHEREAS, contrary to and in violation of section 120 of the By-Law, and, contrary to warning notices from the City of Saint John (see Schedule "L"), you have continued to operate a vehicle repair business in a residential area onto the McGaughey Property and have been operating such a vehicle repair business since 2000. Attached hereto and marked as Schedule "M", are photographs which were taken at the McGaughey Property on April 17, 2001. Changing the use of a property without a permit obtained from the Saint John Building Inspector is a violation of paragraph 910(2)(a) of the By-Law (see Schedule "N"). Furthermore, changing the use of a property, which is a "development", 243 t without obtaining the approval of the Development Officer, is a violation of paragraph 81(1) of the Community Planning Act, supra, (see Schedule "O") WHEREAS, I have been authorized pursuant to subsection 93(1) of the Community Planning Act, supra, by the Common Council of the City of Saint John to issue orders with respect to violations of the By-Law. A copy of the relevant resolution dated November 10, 1997 is attached hereto as Schedule "P". EDNA L. BARIBAULT AND WAYNE A. McGAUGHEY ARE HEREBY ORDERED to cease using, or to prevent the use of, the McGaughey Property for a vehicle repair business or other business and to refrain from and prevent such use in the future. TAKE NOTICE THAT in the event that Edna L. Baribault or Wayne A. McGaughey does not comply with this Order, The City of Saint John, pursuant to the Community Planning Act, supra, may: (a) Seek an Order from a Judge of the Court of Queen's Bench of New Brunswick which would require Edna L. Baribault or Wayne A. McGaughey to restrain from the continuance or repetition of the contravention, failure or obstruction of operating a vehicle repair business or other business on the McGaughey Property pursuant to paragraph 94(2)(a) of the Community Planning Act, supra, and to pay for the City's costs, disbursements and applicable taxes; or (b) Commence proceedings in the Provincial Court of New Brunswick to seek fines for each day that Edna L. Baribault and Wayne A. McGaughey are in violation of this Order. Failure to comply with an order such as this Order is a Category "E" offence, and the fines for a Category "E" offence can range 244 from $240.00 to $2,620.00 pursuant subsection 56(5) of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, and amendments thereto; or (c) do both (a) and (b). DATED at the City of Saint John, New Brunswick, on thisP day of November, 2008. William Edwards, # -.En-g. Building Inspector The City of Saint John City Hall - 10`F' Floor 15 Market Square Saint John, N.B. E2L 4L1 Tel.: (506) 658 - 2911 Fax.: (506) 632 - 6199 bill.edwardsa,sainti ohn. ca 245 SCREDUE Lt 9[ " IN THE MATTER OF A PROPERTY SITUATE IN THE CITY OF SAINT JOHN, NEW BRUNSWICK, IDENTIFIED BY SERVICE NEW BRUNSWICK PROPERTY IDENTIFIER (PID) 408666 AND DESIGNATED 85 HAYES AVENUE BY MUNICIPAL AUTHORITIES CERTIFICATE REGARDING TITLE I, LYNDA D. FARRELL, of the City of Saint John, in the County of Saint John and Province of New Brunswick, Barrister and Solicitor, do hereby certify that: 1. I am a solicitor employed by The City of Saint John in the City Solicitor's Office. 2. I am a member in good standing of the Law Society of New Brunswick and the Saint John Law Society. 3. Attached hereto as Schedule "B" is a photo-reduced extract from the records of the Saint John County Registry Office. The extract is the transcription of a Deed whereby Doris M. Whitenect purports to convey in fee simple to Wayne A. McGaughey and Edna L. Baribault as joint tenants the parcel of land described in the said Deed (hereinafter the "Property"). The Deed dated December 17, 1998 was registered in the said Registry Office on December 29, 1998 in Book 2017 at Page 497 as Number 427359. 4. I have searched or caused to be searched the grantor indices in the said Registry Office (Service New Brunswick) from January 1, 1998 to August 5, 2008 and have determined that the following encumbrance is currently outstanding on the records of the said Registry Office: a) A Mortgage held by the Royal Bank of Canada dated September 7, 2000 and registered in the said Registry Office on October 5, 2000 in Book 2147 at Page 343 as No.11425585. 246 -2- Certificate Regarding Title 85 Hayes Avenue, Saint John, NB 5. There are no Real Property Taxes are outstanding against this property. 6. Title to the Property has not been registered under the Land Titles Act. DATED at Saint John, New Brunswick on August 5, 2008. ' Lynda(D.4arrell 247 4"-qz:fg FORA9 A 13 DEE1) Standard Forms of Conveyanres Act, S.N.B. 1980. C. 8-12.2. s.2 The parties to this deed are: DORIS M. WHITENECT, of the City of Snint 301111. in the County of Saint John and Province of New Brunswick, Retired, the "grantor" 0 - and - WAYNE A. McGAUGHEY, of the City of Saint .1uhti. in the County of Saint John and Province of New Brunswick, Mechanic, and E.DNA L. 1i,1 UBAi3LT, of the same place, Bookkeeper. the "grantee" i • The Marital Property Affidavit attached hereto ns Schcdulc "D" form part of this deed, The grantor conveys in fee simple to the grarnce its ,mint 'tenants the parcel described in Schedule "A" attached hereto. DATED on Decemberr7 , 1998. SIGNED, SEALED AND DELIVERED in the presence of I 1 ~ ~ Ci DOit1S M. WHITENECT 1 I ,0 49'7 248 Schedule 'At "ALL that certain lot piece.or. parcel. of land and pr$misa.- cnnvcyyed to the Grantor by George 14. llaye3 et ux by deed bearing dato the 15th.:da7 of August, 1952 and duly recorded in the office of the Registrar of Deeds in and for the County of Saint John in Book 527 of records at pa^e'73•q-by.~I3o_,Number 201630 on the 5th day' of May, 1965 and therein deip.6ftbed as follows:- IIALL that certain lot, :piece' and parcel of land situate. lyinm and being at South 134y in the Parish of Lancaster in•t~a County of the City and County of Saint John and Province of New Brunswick, the said lot hereby conveyed being designated by the number Fifteen (15) on the plays of-George M. Hayes property at South Hay, prepared by (filbert 0, Murdoch, Crornn• Land Surveyor, on t 9e 9th . .day of December A.D. 1947 and revised. December 11th 1948 and filed. in. the offices of the Registrar of Deeds in and for the City and County of Saint John, File 21; Numb or 66. 498 249 W SCHEDULE"D" RECITALS WHEREAS by Deed dated June 24,1975. Chcslev L, Wheaton and Sandra (Baird) Wheaton conveyed lands herein described to Edward W. Whitenect and Doris M. Whitenect, as Joint Tenants, registered at the Suint John COLIaty Registry OfEce in Book 758 at Page 598 as #255866; WHEREAS Edward W. Whitened died on or ahuui July 4, J987, having not severed his Joint Tenancy. 0 i • 499 250 0 • • PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN SCHEDi11F. °n" I, DORIS M. WWWNECT, of the City of Saint John, County of Saint John and Province of New Brunswick, DO HEREBY SOLEMNLY DECLARE: 1. THAT I was married to Edward W. Whitenect, and we held the property attached hereto as Schedule "A" as Joint Tenants: 2. THAT Edward W. Whitenect died on or about June 4", 1987, without having first severed the joint tenancy: 3. THAT I make this Solemn Declaration conscientiously believing it to be true and of the same force and effect as if made under oath and by virtue of the Canada Evidence Act. SO'LEMNL'Y DECLARED at the City of Saint John in the County of Saint John and Province of New Brunswick, this _J2 day of December, 1998, BEFORE ME: A C ssioner of Oat Being a Solicitor ) ) r ••JJ////JJf } DORIS M. WMENECT } ) } Soo 251 SCHMILE "D" IN THE MATTER OF THE MARITAL PROPERTY ACT, S.N.B., 1980, C. M-1.1 as amended, - and - IN THE MATTER OF AN INDENTURE OF DEED. DATED THE 7? DAY OF DECEMBER, 1998, BETWEEN DORIS M. WHITENECT, AS GRANTOR, AND WAYNE A. McGAUGHEY AND EDNA L. BARIBAULT, AS GRANTEE. AFFIDAVIT • 1, DORIS M. WITENECT, o f the City o F Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH A11D SAY THAT; I. I am the Grantor named in the within Indenture of Deed, of lands and premises (hereinafter called the "Property") situate, lying and being at 85 Hayes Ave, Saint John, NB, and I have personal knowledge of the matters herein deposed to. 2. The word "Spouse" as hereinafter used means a spouse as defined in Section 1 of the Marital Property Act, Statutes of New Brunswick. 1980, Chapter M-I.l (hereinafter called the "Act"). I am not a spouse at the time of making and executing the within Indenture. 4. I have no former spouse with the right to any interest in or possession of the Property under the Act or a domestic contract. I am of the full age of nineteen years and upwards. b. 1 am not a non-resident of Canada within the meaning of the Income Tax Act, Revised Statutes of Canada, 1970, Chapter 1-5, nor a "collector" within the meaning of the ReyenueA$ministratinn Act of the Province of New QYLLnSWick. • SWORN TO at the City of Saint John in the ) County of Saint John and Province of New ) Brunswick, thisl7ay of } December, A.D. 1998. } ] BEFORE ME: ) } A Oaths ) Being a Solicitor ) 0 541 16,E DORIS M. WHITENECT 252 . PROVINCE OP NEW BRUNSWICK COUNTY OF SAINT JOHN 1, Trevor A Stagg, a Notary Public by Royad Authority duly commissioned, appointed and sworn in and for the Province of New Brunswick, residing and practising in the City of Saint John, in the said Province, DO HEREBY CERTIFY THAT on thisi7day of December, A.D. 1998, BEFORE ME, the said Notary Public, at the City of Saint John aforesaid, personally came and appeared DORIS M. WH I"rENECf, the grantor mentioned and described in the within written Indenture, who acknowledged that she did duly sign, seal, execute and deliver the same as and for her respective free act and deed and to and for the . uses and purposes therein expressed, mentioned and contained, IN FAITH AND'n s-rimONY WHEREOF, T the said Notary Public, have hereunto set my hand and affixed my Notarial Seal at the City of Saint John, aforesai ' o - the day and year lastly herein written, o ~1 NOTARYP LIC •~0 NEW BRUNSWICK I OL2F ]FY that ttxy %%Ithl% 13 duly entered and "Istsrc the RoglstryOffice forth County of Scirt J fin, fr3Wl;(:nsvhck nt f . 6 01 tho,-9~040ayo11&4 Vru,,tD.t99-'/ ~~~,c(! as Number In Book Number a Num!)& 4?73 10 502 253 rL111VDt 111LernelrsrOW5er-version l.u Tools Overview + Center 4 Zoom in Zoom out Zoom box a ` Point Select Box Select Center Selection Clear Selection Refresh Map ICA Li Locator Map Map Layers n Cadastra! LJ Topographic Legend Options Selection Summary 44 Map Zoom 2 Factor Page 1 of 1 PaweedBtr CARIB 8,310 sion {f ~r This map is a graphical representation of property boundaries which approximates the size, configuration boundary survey and is not intended to be used for legal descriptions or to calculate exact dimensions or Lat.: Long.: Scale: ' 9449 X: Y: PAN 1719652 Owner Baribault, Edna L Loca PAN 1719652 Owner McGaughey, Wayne A Loca 1 Property found PxD 00408666 SCHEDW-49 OP https://www.planet.snb.ca/PLANETbrowser/html/secure/map/load,do 7/16/2008 Horne Search Menu Help Problem Report Parcel Information : Page 1 of 3 S E SCUD= ~ 99 RV I C E 3.. 3 a Nouv a B rus k Parcel Information PID: 04D86& Status: Active Land Related Land Description: Area: 2090 Date Last Updated: 2007-10-26 10:16:50 Land Titles Status: Not Land Titles Date of Last CRO: Land Gazette No Information: Co, Saint John Active Date/Time: Management Unit: NB1101 Area Unit: Square Metres Harmonization Harmonized Status: Land Titles Date/Time: Manner of Tenure: Joint Tenants Description of Tenure: Public Comments: MAP / CARTE 06N55NW j parcel Interest Holders Name Qualifier Interest Type Baribault, Edna L Owner McGaughey, Wayne A Owner Assessment Reference PAN PAN Type Taxing Authority Code Taxing Authority 01719652 550 City of/Cite de Saint - - John Parcel Locations Civic Number Street Name Street Type Street Direction Place Name 255 https:dwww.planet.snb.ca/PLANETDB/par0001$parcel.queryview?P_PID=408666&Z C.- 7/16/2008 rarcei iniormauon : Page 2 of 3 85 Hayes Avenue Saint John County Parish County Parish Saint John City of/Viiie de Saint John Documents Number Registration Book Page Code Description Date 11727717 2001-02-02 2167 95 5400 Judgment 11679330 2001-01-16 2164 131 6110 Discharge of Mortgage 11425585 2000-10-05 2147 343 5100 Mortgage 427361 1998-12-29 2017 514 107 Discharge 427360 1998-12-29 2017 503 104 Mortgage 427359 1998-12-29 2017 497 101 Deed 426529 1998-11-13 2009 374 111 Judgment 341603 1987-01-01 1247 632 107 Discharge 255867 1975-01-01 758 601 104 Mortgage 255866 1975-01-01 758 598 101 Deed 255787 1975-01-01 758 214 107 Discharge 255712 1975-01-01 757 892 107 Discharge Plans Number Suffix Registration Code Description Lot Orientation Date Information F21 1950-05-10 905 0 Subdivision & Lot 15 Magnetic Amaigamations Parcel Relations No Records returned Non-Re gistered Instruments No Records returned 256 https;//www.planet.snb.ca/PLANETDB/par0OOI$parcel.gueryview?P PID=408666k.7 r 7~titi~~nn4 Assessment Data : Page 1 of 1 q; S ERV ICE SCHEDULE IN T) LZW y yri No uv New B r7nsVYck PAN .Information PAN: 1719652 Status: Open Assessed Owner(s): MC4AUGHEY,WAYNE A & Mailing Address: 85 HAYES AVE SAINT EDNA L BARIBAULT JOHN NB Assessment Year: 2008 Postal Code: E211 5K2 Current $98,400 Current Levy: $2,034.62 Assessment: Location: 85 HAYES AVE County: St. John Property RESIDENCE/GARAGE & Tax Class: Fully Taxable Description: LOT Property Type 120 Property Type Code: Name: Taxing Authority 550 Neighborhood Code: Code: Taxing Authority City of/Cit6 de Saint John Neighborhood Description: Description: Sequence Number: B078 Sub Unit: Harmonization: COMPLETED (One to one Farm Land match of parcels } Identification Program: PID: 00408666 PID (2nd): More PID(s): No Residential Improved 01 r. LORN' LE"&"GA U LT(PTYS > - 34/92,>-45/93,-46/96 0 No 257 https://www.planet.snb.ca/PLANETDB/Pats001$pan.queryview?P PAN=01719652&hrn 7It hi~nnR Back • Home • Hel • Problem RepQrt 258 SCMDUU a.,.,. " SCHEDULE u,m,r, ,,klo RF 70 PS-2 <°p t RS-2 259 _ R .B-1' I a ~ 12A4,1 SCUEDULE a 120 ONE AND TWO FAMILY SUBURBAN RESIDENTIAL (RS-2) (1) Uses Any land, building or structure may be used for the purposes of, and for no other purpose than, (a) the following uses: - a one-family dwelling; - a two-family dwelling; - subject to Section 810(1), a group home; - a park or playground; - as a secondary use to a residence, a kindergarten, nursery, or day care centre for not more than six children; - subject to Section 810(3), a home occupation; - an agricultural use, but not including the keeping of animals. (b) the following uses subject to such terms and conditions as may be imposed by the Committee: subject to Section 810(2), a convenience store with or without ancillary take-out restaurant and dwelling unit; as a secondary use to a convenience store, gasoline sales; as a secondary use to a residence, a kindergarten, nursery, or day care centre for more than six children; - subject to the Mobile Home Parks Sy-law, a mobile home park; an office for a doctor or dentist; subject to Section 810(11)(b), the excavation of land greater than one metre for the purposes of preparing the site for development permitted in the zone; (c) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this Section. (2) Zone Standards (a) Minimum lot area (i) Unserviced } 22 260 120 RS-2 ZONE (2) (a) (i) one family .........................................................4,000 square metres two-family .........................................................5,400 square metres other ............................................................4,000 square metres (ii) Municipal Water and Sewer one-family ............................................................690 square metres two-family ............................................................930 square metres other ...............................................................930 square metres (b) Minimum lot width (i) Unserviced one-family .........54 metres two-family .........60 metres other .........54 metres (ii) Municipal Water and Sewer one-family .........22 metres ( two-family .........30 metres other .........30 metres (c) Minimum lot depth for unserviced lots .........38 metres (d) Minimum front yard ........7.5 metres (e) Minimum side yard the lesser of: - 15 per cent of lot width, or - 4.5 metres (f) Minimum rear yard ........7.5 metres (g) Minimum ground floor area (i) for a semi-detached dwelling - single storey .......119 square metres - split-level ........................................................95 square metres - 1'/z, 2 or 3 storey .............................................83 square metres (Ii) for a dwelling, other than a semi-detached - single storey ...................................................89 square metres - split-level ........................................................71 square metres - 1'/z, 2 or 3 storey..,. _ 62 square metres 261 23 120 RS-2 ZONE t (2) (h) Maximum height.. 9 metres the maximum height may be increased to 11 metres, if minimum side yards of 9 metres are provided. 24262 Application for a Zoning By-law Amendment SCIMDULE u » Demande de modification i I'arrete sur le zonage Applicant Related Information / Reaseignements sur le demandeur Name of Applicant 1 Nom du demandeur P, u Mailing Address of applicant 1 Addressse postale du demandeur _PE C A) e.,o, t a -B Postal Code / Code postal je-~2 M Telephone Number / Numdro de telephone I n ~ 5 - 0 ~q Home / Domicile Fax Number / Numdro de telecopieur ~ ) I hl - 6 ~20 Name of Property Owner (if different) / Nom du pro\prietaire (si different) S' CiM ~ 1 Address / Adresse Work / Travail Property Information / Renseignements sur la propriete Postal Code / Code postal Location / Emplacement R5 r QJ2-0.i Civic # / No de a Street / Rue Lot Area I Superficie du lot Street Frontage / Facade sur rue Existing Use of Property / Utilisation actuelle de la propriete Municipal Plan land Use Designation Designation de utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel R A. r~ e n c f PII) / NIP Change Zoning to / Modification du zonage A J, (T en e r o,~ . :L" r'n e, SS andlor / on (Jj c~ i t 5 ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 263 Development Proposal / Proposition d'amiaagement Description of Proposal / Description de la proposition ~ o b z n..A Le 46 _1n c~Au ~clr~~k J d.o YVI 0 t 6;- Oe, h t'e le- 0 --Dn SiG C fC Q o ~2 rtrse- You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs It is important that the distance between the property boundary and buildings are shown. L s1 s ,,o e c i ie ,7s Vous devez fournir un plan du site 4 Pichelle illusrrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdhment, des dessins de plan d'eWation et toute autre forme de renseignement Le plan dolt indiquer lei dimensions de la proprihMA, 1'emplacement de la totaliti des bdtiments, des alMes, des arees de stationnement, des amenagements paysagers et des panneaux de signalisation. D est important d'indiquer la distance entre les limites de la propriM et les bcttiments. Provide reasons why these amendments should be approved / Fournir tout autre r+enseignement concernant votre proposition qui pourrait etre approuvdes. Provide any other information about your proposal that would be helpful. / Founur tout autre renseignement ooncernaut votre Proposition qui pourrait fibre utiie. Signature of Applicam / Signature du demandeur j a V -7 & ~ Llch / Date L J ❑ $400 Application Fee Enclosed / Ci joint les fsais de demande de 400 $ If you are not the owner of the land in question Si vous n',tes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprie3taire dans la partie the owner is authorizing this application to proceed ci-dessous. La signature du proprie#taire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derniere soit examine;e par le conseil communal. Signature of Owner (if applicable) Sigel due proprie taire (s'd y a lieu) Date: 264 March 31, 2007 To who it may concern: mould like to do motor vehicle inspections in the I the undersigned Wayne McGaughey repair garage at 85 Hayes Ave., Saint John, NB' ollowing that accept this proposal do so by signing with their address: The £ f1 265 1 5 Planning and Development P.O. Box/C.P. 1975 Urbanisme et developpement Saint John, NB/N.-B. Canada E2L M of ~%,%vw.saintjohn,ca a o - DATE: MAY 11, 2007 The city of saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF MAY 15, 2007 r Patrick Foran Planning Officer SUBJECT: Name of Applicant: Wayne McGaughey Name of Owner: Wayne M.Q_Q Location: PID: Municipal Plan: Low Density Residential Zoning: Existing: "RS-2" One and Two Family Suburban Residential Proposed: "B-2" General Business Proposal: To rezone a residential property in order to permit an existing automotive repair garage and car sales lot. . Type of Application: Rezoning and Conditional Use 266 Wayne McGaughey 85 Hayes Avenue JURISDICTION OF COMMITTEE: Page 2 May 11, 2006 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Tuesday, May 22, 2007. The Zoning By-law authorizes the Committee to impose terms and conditions upon the establishment and operation of an automotive repair garage and a car sales lot in the "13-2" General Business zone. STAFF RECOMMENDATION TO COMMITTEE: That this application be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering indicate that they have no objections to this application. Building and Technical Services advise that their office has a number of complaints on record related to the garage operation. As well, an addition has been constructed on the original garage with no permit. Fire Department has the following concerns & comments: • Spraying or undercoating operations, shall conform to the standards as identified in section 5.4 of the National Building Code of Canada 1995. • Hot works (welding, etc) operations shall conform to the standard as identified in section 5.2 of the National Building Code of Canada 1995. • The National Fire Code requires that Fire Extinguishers are located in Motor Vehicle Garages. • The National Fire Code requires that a Fire Safety Plan is on site. • The storage of propane cylinders must conform to section 5.5 of B 149.2-00 of The Propane Storage and Handling Code. • The heating system within the garage must satisfy the National Building and Fire Codes. • The Department of Public Safety (Electrical Inspector) shall make an assessment as to the appropriateness of the electrical system to support the garage operations. 267 Wayne McGaughey Page 3 85 Hayes Avenue May 11, 2006 N.B. Department of Public Health and Wellness has been forwarded a copy of the application but has not submitted any comments. N.B. Department of Environment and Local Government has been advised of the application. Department of Public Safety (Motor Vehicle Inspection Program) has been forwarded a copy of the application but has not submitted any comments. ANALYSIS: Subject Property and Neighbourhood The subject property is situated on Hayes Avenue, a short dead-end street off of Gault Road in West Saint John. The property contains a dwelling near the road and a garage in the rear yard. The garage is accessed by a straight gravel driveway approximately 37 metres (120 feet) in length. The property is partially screened. from adjacent properties by mature vegetation. The area immediately surrounding the site is comprised primarily of single-family dwellings developed in a suburban setting. Existing Business and Necessary Approvals The property owner is requesting permission to operate an automobile repair garage. According to the applicant, he has been operating the repair garage for approximately nine (9) years. The hours of operation are normally from 8:00 a.m. until 5:00 p.m. Mondays to Fridays and 8:00 a.m. until noon on Saturdays. There are usually 2-3 vehicles involved in the business at any one time. General mechanical work is undertaken on cars although no body work or painting is performed. A site visit revealed that the property was well-maintained and no material or parts were stored outside of the garage. In addition to the repair garage, the applicant purchases vehicles from car auctions, repairs there, and places them for sale. Typically the vehicles are sold from other locations, although periodically a single vehicle for sale will be situated on the subject site. The landowner is requesting to rezone the subject property from "RS-2" One and Two Familv Suburban Residential to "B-2" General Business in order to obtain a motor vehicle inspection license and to continue legally operating the repair garage from the existing garage in the backyard and to sell the occasional vehicle from his property. He and his family would continue to reside in the dwelling. The applicant indicated that he has no desire to operate a commercial auto body shop or perform automobile painting and no signs would be erected to advertise the business. 268 Wayne McGaughey 85 Hayes Avenue MunicipaI Plan and Rezoning Consideration Page 4 May 11, 2006 The general area is designated by the Municipal Development Plan as Low Density Residential. The Plan envisions such areas in the community as being appropriate for the development of one and two-family dwellings with municipal water and sewer servicest. The Plan also recognizes that certain non-residential uses are appropriate for such areas. These land uses are seen as necessary to primarily serve the needs of the local resident population, or are compatible with residential uses. Such land uses include: elementary schools, daycare centres, parks, churches, and neighbourhood commercial facilities such as small convenience stores. . Furthermore, the Plan encourages the exclusion from residential areas those uses that are not compatible with these neighbourhoods with respect to the following: • Generation of traffic that is excessive in volume and not local in nature; • The production of smoke, dust, fumes or noise; The creation of hazardous or dangerous conditions by virtue of the operation, material or equipment used. . An automotive repair garage, with or without incidental vehicle sales, is not envisioned by the Plan as being a compatible use in residential neighbourhoods. Indeed, the City has had to deal with a number of illegal/non-conforming automotive repair and auto body shop operations in residential neighbourhoods over the years. The traffic, outdoor vehicle storage, contamination from automotive oils and various chemicals, as well as the noise, dust and fumes associated with such uses can adversely affect the character of residential neighbourhoods. It is recognized that many of these issues are not present in excessive amounts in this instance. The repair garage appears to have a low volume of customers at any given time, some of which the applicant states aree residents of the surrounding neighbourhood. No material is stored outside and the business does not include auto body repair work. Consequently, certain nuisance factors (i.e., stroke, dust and fumes) should not be minimal, although noise may still be an issue. In addition, the garage has a residential appearance and appears to conform to the residential accessory building standards. To the rear of the site is a vacant, forested property, and the repair garage is somewhat screened. from adjacent properties by mature vegetation. There is also no business signage associated with the repair garage. 1 Hayes Avenue is currently serviced by the municipal water system, however sewer services stop approximately 480 metres (1,575 feet) south of the intersection of Gault Road and Hayes Avenue. 269 Wayne McGaughey 85 Hayes Avenue Page 5 May 11, 2006 While it is understood that the current scale of the business is limited, there always remains the concern in the future that this business, perhaps under new ownership, will not operate in the same manner. While conditions can be imposed by the City, such conditions often fail to truly regulate the nature of the business by new operators who are less sensitive to the residential neighbourhood. There is also concern that this isolated commercial zoning will attract future interest for other businesses permitted in the "B-2" General Business zone. Again, while conditions can be imposed to limit the use of the property to this specific business, it is not unusual that other more intensive business proposals are permitted due to the pre-existing commercial zoning. CONCLUSION: There have been a number of similar rezoning applications in the past for repair garages in residential areas not supported by staff for the reasons mentioned in this report. Approval for this automotive repair garage and car sales lot cannot be recommended. PF Project No. 07-130 270 uReAN~g{r~lE O?MEST q%jt4G AS ?LAI Rs-'I ii t 7 i Sub'ect Sitetsite en question'' .Mnnvglm awr. Ha`~es A\Jenue location:85, , 2007 30 Date: April l avr~l I letPas a 1'echeile ~gcalelecheile: Not to $ca 271 ~ plDts~~~IPts)'. pQ~~gg66 g 272 1y f PLANNING ADVISC )COMMITTEE MINUTES 1 PAGE; 5 MAY 15, 2007 SCHEDUM u b) grant a variance to permit an accessory building to remain as a stand-alone building on the remnant lot, also identified as PID 55153217, on the condition that the garage is.only allowed to remain so long as it is used exclusively for the storage of personal belongings, inducing but not limited to antique vehicles and the use of the building for commercial purposes, including rental of the building in whole or in part for self- storage be expressly prohibited. CARRIED MCK Item 6: Wayne McGaughey 85 Hayes Avenue Proposal: To rezone a residential property in order to permit an exists .g automotive repair garage and car sales lot. Type of Application; Rezoning and Conditional Use One letter and a petition in support and 14 letters and one petition opposed to the application had been received. Mr. Wayne McGaughey, the applicant, appeared before the Committee and indicated he was not in favour of the recommendation. He explained that he has been living there since 1998 and he started to the garage in 2000. He indicated his 2001 tax bill increased by $500 for the garage and since he had never received a letter indicating he could not operate the business he thought everything was fine. Last year he applied for a dealer's license, with the operation being in Prince of Wales and not at the subject site. A car might only be on the property for a couple of days until the necessary repairs were completed and then moved to the used car lot. Mr. McGaughey indicated that the cars would not be going to Prince of Wales but to Dugay's Automotive on Manawagonish Road. When questioned if he knew the subject site is zoned residential, Mr. McGaghey responded that he was aware of the zoning but did not realize he could not operate his business from the site. When asked about receiving any letters from the City regarding ceasing the operation, he reiterated that since 2001 he has not received any letters from the City. Also prior to 2001, he could not recall any letters or phone calls from the City telling him to stop the business. When the garage was constructed, the question was asked if he had obtained a building permit and Mr. McGaghey stated that he had obtained a permit but had not indicated the intended use. When asked if he had obtained a building permit when he expanded the garage, he said he had not and could not explain why he had not applied for one. It was not until he applied to obtain a motor vehicle inspection license that it was discovered he could not operate which resulted in the rezoning application. 273 PLANNING ADVISC ,COMMITTEE MINUTES PAGE: 6 MAY 15, 2007 Mr. McGaghey indicated there are no drains in the garage floor for oil to seep into. The garage floor is sealed and all used oil and antifreeze is collected and taken away by two companies. Photographs were displayed of the garage. He further explained that the area is serviced by city water. Discussion ensued regarding the operation of the garage. Michelle Logan, daughter of Urban and Brenda Carr, who reside at 64 Hayes Avenue, Mrs. Brenda Carr, 64 Hayes Avenue and Mr. Art Evans, 30 Hayes Avenue appeared before the Committee and spoke in favour of the application. Gerald Brennan, 114 Hayes Avenue, Eric Doucet, 19 Hayes Avenue and Jonathan Sherwood, 10 Hayes Avenue appeared before the Committee opposed to the application. The residents were concerned with the potential for increased traffic on Hayes Avenue, which is already in bad condition and could be made worse if there is more traffic. The decrease in property values and the potential for other commercial uses being established if this application is approved were other concerns. It was also noted that a tow truck had visited the site one Sunday and the possibility of this continuing was a concern. The Chairman requested clarification regarding any paperwork that might be in the file from Building and Technical Services concerning any complaints received about the business. Patrick Foran indicated there are some complaints listed in the file concerning the use of the garage for commercial purposes. He advised notices and correspondence had been sent to the applicant indicating that a change of use permit would be required for his operation, The last.notice to that effect was dated in"2001. Mr. Foran explained there is no indication in the file as to why additional follow up or action was not taken. Mr. McGaughey re-appeared before the Committee and re-iterated he had not received any such notices from the City nor could he explain the reason as to why he did not apply for a building permit for the garage expansion. He addressed why a tow truck had been to his garage and explained that was a favour he had done for a tourist. The tow truck has not been back on a Sunday since. Discussion ensued concerning the operation of the garage and correspondence sent to the applicant from the City. The Committee recessed to consider the matter further. It was MOVED and SECONDED that this application be denied. CARRIED MB✓SC TC, SW NAY 274 92-840 COMMON COUNCIL/ CONSEIL COMMUNAL SCHEDULE 61! MAY 22, 2007 /LE 22 MAI 2007 " 303, chemin Golden Grove, d'une superticie d'environ 11 478 metres carres et portant le NID 00436725 et une pantie du NID 55153217, pour la faire passer de zone residentielle de faible densite a zone d'industrie legere, on I'ajoutent a la liste de projets d'amenagements approuves dans la zone d'industrie Agere au paragraphe 2.4.7.15, fasse ('objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arr&te intitule c Arrete modifiant 1'arrete relatlf au plan municipal Proposition du conseiller Court Appuyee par le conseiller White RESOLU que 1'arr&te intitule << Arrete modifiant I'arr&t8 de zonage de The City of Saint John n, relativement au rezonage d'une parcelle de terrain d'une superticle approximative de 3 530 metres carres, situee au 303, chemin Golden Grove et portant le NID 55153217, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS-2 » e zone d'industrie legere « 1-1 fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule a Arrete modifiant I'arr&te de zonage de The City of Saint John Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrdte intitule «Arrete modifiant I'arr&te de zonage de The City of Saint John relativement au rezonage d'une parcelle de terrain d'une superticie approximative de 3 530 metres carres, situee au 303, chemin Golden Grove et portant le NID 55153217, afln de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales « RS-2 n e zone d'industrie IegBre c 1-1 fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition ast adoptee. Deuxieme lecture par titre de 1'arr&te intitule «Arrete modifiant 1'arr&te de zonage de The City of Saint John (Councillor Court withdrew from the meeting due to a conflict of interest). 9.2(a) Proposed Zoning Bylaw Amendment -85 Hayes Avenue 9.2(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square metres, also identified as being PID Number 00408666, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its May 15, 2007 meeting at which the Committee decided to recommend approval of staff recommendation, recommending that Common Council deny the re-zoning the above mentioned parcel of land. The Mayor called for members of the public to speak against the re-zoning with the following presenting: Jonathan Sherwood, 20 Hayes Avenue, Eric Doucet, 85 Hayes Avenue, Madonna Hattie, 11 Hayes Avenue, Mary May, 95 Hayes Avenue and Gerald Brennan, 114 Hayes Avenue expressed concerns of increased traffic, safety, the potential for other commercial uses to become established, and property values. 275 52-841 COMMON COUNCIL I CONSEIL COMMUNAL MAY 22, 20071LE 22 MAI 2007 The Mayor called for members of the public to speak in favour of the re-zoning with the property owner, Wayne McGaughey, advising that he does not have the opportunity for other employment, noting that he does not want to expand, butwants to continue operating his business. Brenda Carr, 64 Hayes Avenue and Michelle Logan, daughter of Urban and Brenda Carr, advocated in support of the re-zoning. On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that staff meet with the citizens and the applicant to come up with a solution to the re-zoning at 85 Hayes Avenue, with a report back to council. Question being taken, the motion was carried, with Councillors Chase, McGuire, Tait, and Titus voting nay. (Councillor Court re-entered the Council meeting.) (Le conseiller Court quitte la seance an raison d'un confiil d'interets) 9.2a) Projet de modification de I'arrete de zonage visant le 85, avenue Hayes 9.2b) Rapport du Comite consultatif d'urbanisme Le greffier indique qua les avis requis ont 61:e publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 85, avenue Hayes, dune superficle approximative de 2100 metres carres at inscrite sous le NID 00408866, pour faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at bifamiliales « RS-2 » it zone Commerciale generate <c B-2 at qu'aucune objection ecrite n'a ete revue a cot egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'une copie du rapport du personnel du service d'urbanisme, studies lors de la reunion du 15 mai 2007, e laquslle le comite a resolu d'appuyer I'approbation de la recommandation du personnel voulant que le Conseil communal rejette la demande de rezonage de la parcelle de terrain susmentionnee. Le moire invite le public a exprimer son opposition au projet de rezonage, at les personnes suivantes prennent la parole : Jonathan Sherwood, 20, avenue Hayes; Eric Doucet, 85, avenue Hayes; Madonna Hattie, 11, avenue Hayes, Mary May, 95, avenue Hayes at Gerald Brennan, 114, avenue Hayes expriment leurs inquietudes au sujet de I'augmentation de la circulation, de la secuft, de la possibilite d'etablir d'autres utilisations commerciales at de la valeur des proprietes. Le moire invite le public a se prononcer an faveur du rezonage. Le proprietaire de la propriete, Wayne McGaughey, indique qu'il ne s'est trouve aucun autre emploi, qu'il ne veut pas agrandir son entreprise, mais qu'il veut continuer a 1'exploiter. Brenda Carr, du 64, avenue Hayes at Michelle Logan, fille de Urban at Brenda Carr, se sont fait les defenseurs du rezonage. Proposition du conseiller Ferguson Appuyee par la matresse suppleante Hooton RESOLU qua le personnel rencontre les citoyens at le demandeur afin de trouver une solution au rezonage du terrain situe au 8, avenue Hayes at presente un rapport au Conseil. A ('issue du vote, la proposition est acceptge. Les conseillers Chase, McGuire, Tait at Titus votent contre. la proposition. (Le conseiller Court se joint de nouveau a la seance du conseil.) 276 92-872 COMMON COUNCILICONSEIL COMMUNAL CHEDULE JUNE 18, 20071Le 18 JU1N, 2007 S a " conseil. A Tissue du vote, la proposition est adoptee. 11.5 Public Transit- Fuel Tax Rebate on motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that Council send a letter to the Premier requesting that the Government of New Brunswick rebate the tax on fuel to the Municipal Transit Authorities. Question being taken, the motion was carried. 11.5 Remboursement de la taxe sur 1'essence pour le service de transport en commun Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLD que le conseil envoie une lettre au premier ministre du Nouveau-Brunswick reclamant que le gouvemement du Nouveau- Brunsvrick rembourse la taxe sur 1'essence aux autorites responsables des services de transport municipaux. A ('issue du vote, la proposition est adoptee. 11.8 Town Hall Meeting in Partnership with Ability Advisory Committee On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor McGuire thanking all who attended the Town Hall meeting with the Ability Advisory Committee, especially Mr. Paul Groody and Mr. Barry Freeze, who have provided the leadership needed to create this strong partnership, be received for information. Question being taken, the motion was carried. (Councillor Court withdrew from the meeting.) 11.6 Assemblee publique locale en partenariat avee I'Ability Advisory Committee [comite consultatif sur Ies personnes habiles] Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLD que la lettre du conseiller McGuire, clans laquelle it remercie toutes Ies personnes qui ont participe a I'assemblee publique locale en compagnie de I'Ability Advisory Committee, surtout MM. Paul Groody et Barry Freeze, qui ont fait preuve du leadership necessaire pour creer ce partenariat solide, soil acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. (Le conseiller Court quitte la reunion.) 12. Business Matters - Municipal Officers 12.1 Proposed Rezoning 85 Hayes Avenue Consideration was given to a report from the City Manager, the matter having been referred to the City Manager to meet with area residents, advising that there did not appear to be any common middle ground from which to draft a list of acceptable conditions that would enable the property to be re-zoned yet suitably address the issues raised by the residents. 277 92-873 COMMON COUNCILICONSEIL COMMUNAL JUNE 18, 20D7]*Le 18 JUIN, 2007 On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the application for re-zoning of a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square metres, also identified as being PID Number 00408666, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business classification, be denied. Question being taken, the motion was carried. (Councillor Court re-entered the meeting.) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Projet de rezonage relatif au 85, avenue Hayes Examen d'un rapport du directeur general (I'affaire ayant eta transmise au directeur general afin qu'll rencontre les residents du quartier) daps Iequel it indique qu'il ne semble pas y avoir un terrain d'entente intermedialre a partir duquel it serait possible de dresser une liste des conditions acceptables qui permettrait le rezonage de la propriete tout an trouvant des solutions appropriees aux problemes souleves par les residents. Proposition du conseiller Ferguson Appuyee par la mairesse suppleante Hooton RESOLU clue la demande de rezonage d'une parcelle de terrain situse au 85, avenue Hayes, d'une superficie approximative de 2 100 metres carres at inscrite sous le N I D 00408666, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales at blfamiliales c RS-2 » a zone Commerciale generale « B-2 soft rejetee. A ('issue du vote, la proposition est adoptee. (Le conseiller Court se joint de nouveau a la reunion.) 12.2 Town Hall Meeting - Disability Awareness On motion of Councillor Ferguson Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council recognize the work of the Saint John Ability Advisory Committee, endorse the submitted measures outlined herein, and the submitted report be received for information. Question being taken, the motion was carried. 12.2 Assemblee publique locale visant la sensibilisation a la situation des personnes handicapees Proposition du conseiller Ferguson Appuyee par le conseiller McGuire RESOLU qua, comma le recommande le directeur general, le Conseil communal reconnaisse le travail effectu6 par le Saint John Ability Advisory Committee at appuie les mesures enoncees aux presentes, et que le rapport presents soit accepts a titre informatif. A ('issue du vote, le proposition est adoptee. 12.3 Understanding the Need for Safe, Clean Drinking Water On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council lead the public dialogue on understanding the need for safe, clean drinking water and that the submitted report be received for information. Question being taken, the motion was carried. 278 1 SCHEDULE Buildings and Inspection Services P.O. Box/C.P. 1971 Services d'inspection et des batiments Saint John, NBIN.-B. Canada E2L 4L1 ASK www.saintjohn. ca The City of Saint John July 10, 2007 Case Number: 07-00000689 Wayne McGaughey & Edna L Baribault 85 Hayes Ave Saint John, NB E2M 5K2 Dear Sir/Madam: FIRST NOTICE Our records indicate that you are the owner of the following property: Address; 85 Hayes Av PID 00408666 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. I will re-inspect your property within the next two weeks. If you have any questions or concerns, please contact me at 658-2911 for further information. Regards, Tam la G. Duke Technical Services Inspector Attachment 279 CASE NUMBER 07-000006,,-, PROPERTY ADDRESS 85 HAYES AV V 1Vi,A1'iuN DETA11i 1 VIOLATION: 800A QUANTITY: 1 ZONING - Land use DATE: 7/10/07 NARRATIVE : You are operating a vehicle repair business in a residential area. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land-use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. PAUE 1 280 Buildings and Inspection Services P.O. Box/C.F. 1971 Services d'inspection et des batiments Saint John, NB/N.-B, Canada E2L 4L1 m, . www.saintjohn.ca The City of Saint John July 26, 2007 Case Number: 07-00000689 Wayne A & Edna L McGaughey 85 Hayes Ave Saint John, NB E2M 5K2 Dear Sir/Madam: SECOND NOTICE Our records indicate that you are the owner of the following property; Address: 85 Hayes Av PID 00408666 An inspection of your property revealed a violation of the Zoning By-Law. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. This was previously brought to your attention. You are requested to correct the violation by August 9, 2007. I will re-inspect the property at that time. Please contact me at 658-2911 if you have any questions. Regards, \ Tamara G. Duke Technical Services Inspector Attachment 281 &SE NUMBER 07-000.,689 VROPERTY ADDRESS 85 HAYES AV VIOLATION DETAIL VIOLATION: 800A QUANTITY: I ZONING - Land use DATE: 7/10/07 NARRATIVE : You are operating a vehicle repair business in a residential area. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. PAUE 1. 282 3 Buildings and Inspection Services P.O. Box/C.P. 1971 Services d'inspection et des bAtiments Saint John, NB/N.-B. Canada E2L 4L1 www.saintjohn.ca " The City of Saint John August 14, 2007 Case Number; 07-689 Wayne A & Edna McGaughey 85 Hayes Ave Saint John, NB E2M 5K2 Dear Sir/Madam: FINAL NOTICE Our records indicate that you are the owner(s) of the following property. Address; 85 Hayes Avenue PID 00408666 An inspection of your property has revealed that you have not corrected the violation of the Zoning By-Law brought to your attention in previous letters. Please refer to the attached violation detail for a description of the violation and what is required to bring your property into compliance with the By-law. You are hereby ordered to correct the violation before August 28, 2007. Failure to comply may result in legal action to obtain your compliance. Please contact me at 658- 2911 if you have any questions. Regards, David G. M. Cra ord, P. Eng. Deputy Building Inspector c: Tamara G. Duke, Technical Services Inspector Attachment 283 V1ULAiUN DETAIL PAGE 1 CASE NUMBER 07-0000_ 89 PROPER'YY ADDRESS 85 HAYES AV VIOLATION: 800A QUANTITY: rl ZONING - Land use DATE: 7/10/07 NARRATIVE : You are operating a vehicle repair business in a residential area. BYLAW DESCRIPTION : The City of Saint John Zoning By-Law (a) divides the municipality into Zones; (b) prescribes, subject to powers reserved in the Planning Advisory Committee, (i) the purposes for which land, buildings and structures in any zone may be used, and (ii) standards to which land use, and the placement, erection, alteration and use of buildings and structures must conform, and (c) prohibits the use, placement, erection or alteration of land, buildings or structures other that in conformity with the purposes and standards mentioned in clause (b). CORRECTIVE ACTION REQUIRED : The use established on this property does not yet have a permit. You must immediately stop all activity. 284 3'• a - 2]~^y f~ ~ ~ a i,y ~ ; ~xss•. F ~ y SCHEDULF, 910 ADMINISTRATION (1) Enforcement (a) The Building Inspector is authorized to enforce the provisions of this By-law. (b) The Building Inspector has the right to enter at all reasonable times upon any property within the City for the purposes of making any inspection that is necessary for the administration or enforcement of this By-law. (c) Whenever the Building Inspector shall find, in the case of any pern-lit heretofore or hereafter issued pursuant to subsection (2), that such permit, including any of the terms and conditions under which such permit was issued, has not been or is not being complied with, he is authorized, after 30 days notice to the owner or occupant of the affected land, building or structure to suspend or revoke such permit or take other action as he deems necessary to ensure compliance or remedy. (2) Change in Use (a) No person may change the purpose for which land, buildings or structures, wholly or in part, is used without obtaining a permit. (b) A person wishing to obtain a permit under this subsection shall make application therefor to the Building Inspector, which shall: 0) be filed on forms obtainable at the office of the Building Inspector; (ii) be signed by the applicant; (iii) state the intended use of the land, building, structure or part thereof; (iv) show the location, extent and layout of the new use; and (v} :F -c ir~ta r1 s 11Zth r in ormataon as may-be-required for:tb~p~rp ae -'of' ' -v establishing if the new use conforms to the requirements of this By-law. (3) Amendments (a) A person who seeks to have this By-law amended shall (1} address a written and signed application therefor to the Council; (ii) submit with the.appiication a fee of $400 payable to the City of Saint John; and (iii) file a copy of the application with the Committee. (b) The Council may, if it deems fit, return all or any part of the fee mentioned in this subsection. (c) An application under this subsection shall include such information as may be required by Council or the Committee for the purposes of adequately assessing the proposal. 190 288 t r t Community Planning §PUDULE 80(1) Subject to subsection (2), where a regional plan, rural plan, municipal plan, basic planning statement, development scheme or urban renewal scheme indicates that certain land may be required by the Minister or a municipality for a purpose de- scribed in it, compensation for such land on expro- priation shall not include any amount in respect of an unauthorized development on such land after the date of the statutory, notice of intention to adopt, or to recommend adoptOn of, such piz::?, statement or scheme. -,„t , 80(1) Sous reserve du paragraphe (2),lorsqu'un plan regional, rural ou municipal, une declaration des perspectives d'urbanisme ou un projetd' amena- gement ou de renovation urbaine indique que le Mi- nistre ou la municipality pout avoir besoin de cer- tains terrains pour une fin qui s' y trouve decrite, l'indemnite d'expropriation de cc terrain ne doit comprendre aucun d8dommagement a 1'e9ard d'un amenagement non autorise sur cc terrain et poste- rieur a la date de la notification legale del'intention d'adopter ce. plan, cette declaration ou ce projet ou d'en recommander ]'adoption. 80(2) A jpdge of The Court of Queen's Bench of New Brunswick, on the petition of a person affected by subsection (1), may order that compensation be paid in respect of a development mentioned therein if he is satisfied that such development was under- taken in good faith without knowledge of any re- striction imposed thereon by this Act or any plan, statement or scheme hereunder. 1972, c.7, s.80; 1979, c.41, s.19; 1994, c,95, s.34. PROHIBITION RE DEVELOPMENT 81(1) Except as otherwise provided in this sec- tion, no person shall undertake a development and no building permit or development and building permit shall be issued for such development unless the development officer having jurisdiction ap- proves such development as conforming with, where it applies to the land on which the develop- ment is located, (a) any municipal plan,, basic planning state- ment;.rural plan,•,davelppment• scheme OF urban renewal scheme (i) in effect, (ii) in respect of which an adopting by-law has been the subject of a resolution under paragraph 68(1)(a); or 80(2) Un juge de la Cour du Banc de la Reine du Nouveau-Brunswick peat, sur requete d'une per- sonne visee par le paragraphe (1), ordonner le paiement d'une indernnite pour un amenagement y mentionne s'il est convaincu que cet amenagement a ete entrepris de bonne foi, sans que la personne ca- che qu'il existait des restrictions imposees par la presente loi ou par tout plan, toute declaration ou tout projet adopte en application de la presente loi. 1972, c.7, art.80; 1979, c.41, art.19; 1994, c.95, art.34. INTERDICTION D'AMENAGEMENT 81(1) Sous reserve des dispositions particutieres du present article, nul ne peut entreprendre un ame- nagement et nul permis de construction ni aucun perrnis d'amenagement et de construction ne peut etre delivre a cet effet, e mains que ]'agent d'ame- nagement competent n'approuve cet amenagement comme etant conforme, quand it s'applique au ter- rain surlequel I'amenagement a lieu, a) a un plan municipal, a une declaration des perspectives.d'.urbanisine; a:un-Plan-rural ou-a un-. projet d'amenagement 61i 'de renovation tirbaine (i) en vigueur, (ii) pour lesquels 1'arrete les adoptant a fait ]'objet d'une resolution en vertu de 1'alinea 68(1)a); ou 123 2001-12 289 W JU Chap. C-12 Loi sur Purbanisme (iii) in respect of which the Minister has published a first notice under paragraph 68(1)(b); (b) subject to paragraph (a), any zoning or de- ferred widening or controlled access street by- law or regulation (i) in effect, or (ii) in respect of which the council has adopted a resolution under section 71, or the Minister has published a first notice under paragraph. 68(l)(b); and (c) a regulation under subsection 77(1)(h.1), (i) in effect, or (ii) in respect of which the Minister has pub- lished a first notice under paragraph 68(1)(b). 81(2) The provisions of subparagraphs (1)(a)(ii) and (iii) and subparagraph (1)(b)(ii) cease to apply (a) in the case of a resolution under paragraph 68(1)(a), when the by-law becomes valid or when it fails to become valid because of the op- eration of subsection 68(6) or because the coun- cil does not meet the requirements of paragraph 69(1)(b) within a reasonable time, (b) in the case of a resolution under section 71, as provided in subsection (1}thereof, and (c) in the case of a first notice, six months after the day the notice was published, 81(3) A permit under this Act, or the approval of a regional development, or a poster or placard in lieu thereof, shall be posted, in a prominent place on the property in respect of which the approval is 2001-12 124 (iii) a 1'egard desquels le Ministre a publi6 un premier avis conform6ment a 1'alin6a 68(1)b); b) sous r6serve de 1'ahn6a a), a un arret6 de no- nage ou a un reglement de zonage ou a un arret6 ou un reglement d'61argissement diff6r6 ou de li- mitation d'acces des rues (i) en vigueur, ou (ii) A 1'6gard desquels It conseil a adopt6 une rdsolution en vertu de Particle 71 ou le Ministre a publi6 un premier avis conform6- ment'a Palin6a 68(1)b); et c) un reglement 6tabli en vertu de l'alin6a 77(1)h.l) (i) en vigueur, ou (ii) e 1'6gard desquels le Ministre a publi6 un premier avis conform6ment a Palin6a 68(1)b). 81(2) Les dispositions des sous-alin6as (1)a)(ii), (iii) et (1)b)(ii) cessent de s'appliquer, a) dans le cas d' une r6soluti on prise en vertu de 1'alin6a 68(1)a), lorsque ]'arret6 prend effet ou lorsqu'il ne prend pas effet en raison de ]appli- cation du paragraphe 68(6) ou paace que It Con- seil ne satisfait pas aux conditions de 1'alin6a 69(1)b) dans un d6lai raisonnable, b) dans le cas d' une r6soluti on prise en vertu de Particle 71, selon les rnodalit6s_fiz6es-au pata= graphe (1) de cet article, et c) dans le cas d'un premier avis, six mois apr6s sa publication. 81(3) Tout permis d6livr6 en vertu de ]a pr6sente loi ou ]'approbation d'un am6nagement regional ou route affiche ou tout placard en tenant lieu doivent titre places par ]a personne nornm6e dans It perrnis 290 86-710 COMMON COUNCIL NOVEMBER 10, 1997 SCHEDULE p On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the,,use of,their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the scie of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application, voting "nay". Question being taken, the motion was carried with Councillor Brown On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence. Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407-409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enact Certain by fawws,.including the Zoning By-Law and the Building By-Law, pursuant to the authority of=the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by-law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried. 20(a) Appointment Of Deputy Chief of Police ,Lb) Re Actina Chief Of Police 20(a) Consideration was given to a report from the City Solicitor, submitting for Council's consideration three resolutions prepared following the November 4 Committee of the Whole meeting, Resolution No. 1 which would operate to create a new job description for the Deputy Chief of Police position; Resolution No. 2 which would operate to appoint Grenville F. Ingraham to the position of Deputy Chief of Police of the Saint John Police Force for a term of five years commencing at 5:00 p.m. on Friday, November 14, 1997; and Resolution No. 3 which would provide for the 291 SCHEDULE COMMON COUNCIL ORDER NOVEMBER 10, 1997 19. Designation Of Building Inspector For Enforcement Proceedings Consideration was given to a report from the City Solicitor advising of the dismissal of an application to the Court of Queen's Bench respecting alleged violation of the City's Building and Zoning By-Laws on November 3 on the grounds that the resolution purporting to authorize the Buildingg Inspector's proceeding was ineffective and, more particularly, the Court determined that the Council resolution of July 22, 1985 purporting to authorize the Building Inspector to make an application to the Court of Queen's Bench preceded the appointment of the current Building Inspector Mr. William Edwards to that position and consequently was inoperative; and submitting a resolution for Council's adoption as it is now necessary, in order to pursue the alleged violations in question, for Council to adopt a resolution which makes it clear that the current Building Inspector, Mr. William Edwards, is designated to initiate and proceed with the application. The report also submits resolutions in order for the Building Inspector to proceed with two other applications which have been filed and set for hearing by the Court of Queen's Bench in the next couple of weeks which were also affected by the decision in question, one being with the alleged illegal use of property at 2291 Loch Lomond Road and one with respect to the alleged illegal use of the property at 407-409 Prince Street, and a resolution to support the Building Inspector's continuing initiatives respecting enforcement of the Community Planning Act; and also advises that the subject of the general designation of the Building Inspector to make application to the Court of Queen's Bench with respect to violations of the Municipalities Act or the Community Planning Act, as well as the by-laws, order, terms and conditions thereunder, requires further thought and he would endeavour to return to Council within the next two to three weeks with an. examination and recommendation concerning that subject. On motion of Councillor Knibb Seconded by Councillor Brown RESOLVED that the Building Inspector William Edwards is hereby designated and authorized to make an application to the Court of Queen's Bench of New Brunswick for an order which would require Gordon B. Defazio and Katherine E. Defazio to immediately cease using or permitting the use of the garage which is located on their property at 2243 Loch Lomond Road (NBGIC Number 328187), Saint ohn, N , for an automobile body repair shop and which would also require them to remove the two additions which were constructed without a building permit. 292 ,I Question being taken, the motion was carried. On motion of Councillor Fitzpatrick Seconded by Councillor Arthurs RESOLVED that the Common Council of the City of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Brian F. Train and Artith Train to cease using or permitting the use of their property which is located at 2291 Loch Lomond Road (NBGIC Number 327395) for the sale of motor vehicles or for the display of motor vehicles for sale: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried with Councillor Brown voting "nay". On motion of Councillor Trites Seconded by Councillor Fitzpatrick RESOLVED that the Common Council of the City Of Saint John does hereby ratify those actions which Building Inspector William Edwards has taken to make an application on behalf of the City of Saint John to the Court of Queen's Bench for an order which would require Lawrence Beverly Neal to cease using or permitting the use of the basement in his property which is located at 407-409 Princess Street (NBGIC Number 329629) as a dwelling unit: IT IS FURTHER RESOLVED that the Building Inspector William Edwards is hereby designated and authorized by the Common Council of the City of Saint John to proceed with the aforesaid application. Question being taken, the motion was carried. On motion of Councillor Trites Seconded by Councillor Waldschutz RESOLVED that whereas the Common Council of the City of Saint John has enacted certain by-laws, including the Zoning By-haw and the Building By- 293 r) Law, pursuant to the authority of the Community Planning Act of New Brunswick: BE IT RESOLVED that the Building Inspector William Edwards, or in his absence the Deputy Building Inspector David Crawford, is hereby authorized to make those orders permitting under section 93 of the Community Planning Act whenever he deems it necessary for the enforcement of the Act or a by-law or regulation thereunder or terms or conditions imposed pursuant thereto. Question being taken, the motion was carried, 294 REPORT M & C #2009-128 r.~i May 11, 2009 His Worship Mayor Ivan Court And Members of Common Council City ofSal.nt John. Your Worship and Councillors Re: City of Saint John "Website BACKGROUND The purpose of this report is to address the referral from Common Council requesting the City Manager to consider engaging a professional company to give an assessment of the City's website. This report will also provide and Council with a brief update as to the status of the website upgrade. ANALYSIS Over the past year concerns have been raised with regards to the City's website both in terms of functionality and content. Steps have been initiated at the administrative level to address these concerns. The project is being undertaken by the Communications Department. Based on a review of best practices, Communications staff determined that our citizens and staff would be best suited to help guide the direction we tape in developing a website that best suits their needs. To that end, in April a public meeting was held and a web survey was deployed. Staff is currently compiling data received from the public meeting and online survey. Meetings with various city departments will soon begin. With this needs assessment information, a "functional specification" will be developed. A functional specification is documentation that describes the requested behaviour of an engineering system (in our case the website). The documentation will describe what is needed by users as well as requested properties of inputs and outputs. It will address both internal and external requirements. We are aiming to complete this specification by May 30. The next step will be to determine what resources internally (and externally if required) will be needed to redesign the website,. 295 PORT TO COMMON COUNCIL M & C #2009_.128 May 11, 2009 Re: City of Saint John Website M 11 I'll We also need to ensure that we have the resources to maintain both programming and content, including a specific plan and approach with regards to French translation of website content. We are attempting complete this work in a timely manner while at the same time working with the limited financial resources we have to support the project. Staff feels that external resources, if required, are best used in the actual development of components of the site rather than at the needs assessment phase.. City of ;Saint John It should also be noted that while this assessment work is being undertaken staff are continuing to make improvements to the existing website. IT has been fortunate to add a web developer to its staff and the Communications Department is currently recruiting a Content Coordinator. In the past month, the following features have been added to the website: • Twitter (as a means to disseminate information) • Biz. Pal in conjunction Service New Brunswick. • Parking tickets can now be paid online • We continue to add information (see Saint John Water) • News section updated at least three times per week RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Nancy M r• i' Comm tiications Mana q Terry L. Totten F.C.A. City Manager 296 REPORT ~ ("OUNCIL Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council. SUBJECT: ST. JOSEPH'S HOSPITAL FOUNDATION CANE CONNECTION CAMPAIGN Attached please find the initial letter to Common Council related to the St. Joseph's Hospital Foundation's request of the City of Saint John. This letter was subsequently followed by an Open Session presentation by Mr. David Barry on November 3, 2008. The motion at that time was as follows; "Resolved that the request for $100, 000 in funding by St. Josephs Hospital Foundation be directed to the City Manager for consideration during the 2009 budget deliberations. Unfortunately, during Council's budget deliberations staff was unable to find any reference where this particular item was addressed, not withstanding Common. Council had appeared to be very supportive of the Foundation's work at the time of the public presentation. Recently, the Mayor and City Manager were visited by Foundation volunteers who were asking what Council's decision was on their request. Regrettably, the City Manager had to inform them that he was unable to find where Council had approved funding. However, the City Manager did indicate he would undertake to place this item before Council in the event that an oversight had occurred. The request was that the City of Saint John contribute $100,000 to the Care Connections Capital Campaign. Staff has been unable to identify an area where a $100,000 contribution could be made in 2009. However, in analysing the City's Budget document, staff has noted that in a line item described as "Contracted Services" in one department's submission, an amount of $140,000 was approved. Staff now know that in 2009, we would expect the annual fee for this contracted service to be $114,000, resulting in an under expenditure of $26,000. If it is the wish of Council to show support for the St. Joseph's Hospital Foundation and be part of contributing to the necessary health and wellness infrastructure in our community, then Council should consider the following resolution. 297 1 11 21 1-1- o o ]:t 1:rt;rt t.a C,o11)ni0a1 C oudlCi1 aal ~°a°t: ~ I . .1 ")r ,ep h l~ us itto I l aaarsd lr tnc~au Cac C o 11 n c c t i o r s C l a m 1) i n RECOMMENDATION: That Common Council approve a total contribution of $75,000 to the St. Joseph's Hospital Foundation's Care Connection Campaign with payment to be made in three equal instalments of $25,000 in each of the years 09, 2010 and 2011. sp tfully sub tted, A-L r Terrence L. Totten, FCA CITY MANAGER 298 q areConnections St. Joseph's Hospital...7bmarrow's healthcare. Today. August 11, 2008 Mayor and Councillors C/O Common Clerks Office 8'h Floor City Hall P_O. Box 1971 Saint John, N.S. E21_41_1 Dear Mayor and Councillors, 1 am writing to you on behalf the Chairman of the Board of St. Joseph's Hospital Foundation, Mr. David Barry. Mr. Barry along with retired Vice-President of Aliant, Mr. Peter Jollymore are Co-Chairing St. Joseph's Hospital F'oundation's first ever capital campaign, CareConngctions. I am writing to determine if you would consider scheduling a presentation to Council from the Foundation requesting support for our campaign, St. Joseph's hospital has been described as the "the almost perfect hospital - a hospital of the future" because of its same day delivery of highly specialized services. A successful campaign means building a healthcare capacity at St. Joseph's that connects Saint John residents to the right care, at the right time, in the right place. In 1914 the Sisters of Charity of the immaculate Conception founded St, Joseph's Hospital in Saint John, Now, almost 100 years later, St. Joseph's Hospital still plays a vital role in the healthcare of Saint John and the Province of New Brunswick. St. Joseph's comprehensive Women's Wellness Centre houses the region's only breast screening program Other clinics housed in St. Joseph's is a Urology Centre attracting patients from across Eastern Canada with its comprehensive urological care and the Province's only prostate ultrasound. St. Joseph's Hospital Foundation is working in partnership with Atlantic Health Sciences Corporation and the CN Province to provide comprehensive, efficient healthcare, build healthy communities and to provide the resources and education necessary for individuals to enhance and be responsible for their own health and well being. St. Joseph's today serves in excess of 300,000 patients annually. Our $3 million dollar CareConnectlons Campaign will enable the Foundation to support three priority projects identified by Atlantic Health Sciences Corporation: • Computerized Tomography (CT) service $1,100,000.00 • A lithotripsy machine for the Kidney Stone Centre $1,200,000.00 • A Digital Mammography Machine for Women's Health $700,000.00 With the addition of the above technology, St. Joseph's will be able to provide more efficient care by earlier detection of breast cancer, less invasive treatment of painful kidney stones and a faster return to normal life and more efficient diagnosis and treatment of a variety of medical conditions. Thank you for your time and consideration of this request I look forward to presenting to Council and providing you with more detail of our initiative as well as the benefits to Saint John as it moves forward with it's next stage of growth and leadership. /Sincerely, /~.~c,.u--c Laurie Flood Executive Director St. Joseph's Hospital Foundation Charitable registration no.BN119 18 3525 RR0001 St. Jciseph's Hospitol, 130 Bayard, Drive, Saw John , New Brunswick E2L 316 el, 506-632-5595 l"ala@re92.health nb.co vw,v.silosep'r.shospitolfc>undation.com 299 M & C -2009-125 May 8, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP-UP AND CLOSE PORTION OF MITCHELL STREET BACKGROUND: Hughes Surveys and Consultants Inc. are representing the owner of Mitchell Apartments Inc. who owns the property identified on the attached plan as PID number 23531. This property contains a total of 72 dwelling units contained within an apartment complex. The above noted property surrounds the entirety of Mitchell Street, being a public street within the City of Saint John. No other property benefits from the use of Mitchell Street or its municipal services infrastructure. The owner is requesting to stop-up and close, and subsequently purchase the majority of the Mitchell Street right-of-way to allow the conversion of the apartments contained on the subject property to condominium units. The only portion of Mitchell Street that will remain open is immediately adjoining Parks Street. This will remain a public street to provide access to a City owned pump/lift station. ANALYSIS: As noted above, Mitchell Street serves only one property, which consists of 72 apartment units. For years, the property owner has been responsible for the snow ploughing of Mitchell Street. The municipal services contained within the street right-of-way benefit only the 72 dwelling units. If Council is agreeable to the street closure and subsequent sale of the property, Mitchell Apartments Inc. will acquire responsibility and ownership of these services. City Engineering has had a number of discussions with the proponent and has reviewed the servicing and survey plans for this proposal and have no concerns with the street closure and subsequent sale of this property. There are municipal services that currently encroach onto the Mitchell Apartment Inc. property near the southwestern corner of the street to be closed. City Engineering will require a municipal services easement over this area. The proponent is aware of this request and is prepared to grant such an easement to the City. 300 Staff and the proponent have discussed the sale price for the affected parcel of land if the street is closed. It is expected the transaction will include market value for the closed street minus the value of the easement to be granted to the City. The proponent will be also be responsible for all costs associated with the street closure, including advertisement, translation and survey work. Staff would provide a further report to Council for their consideration on this matter once the total price is determined. The recommendation contained in this report will facilitate the process for the street closure of the subject property. RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By-law to Stop Up and Close a 1,689.2 square metre ± portion of a public street known as Mitchell Street, be set for Monday, June 8, 2009 at 7:00 p.m. in the Council Chamber. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL/c 301 ~e t. M ci g9gYYiat y-0 99 y~NQ 'tl g r % r. Key Plan/( - : de r,r en, / i Rei~ n D /information d'enregistrer nt { f ° Not^s Q:: DZI a . t1., t Op2352P i' A9_[.Edith E Catkin & Delta M Hoar Property - Propre € Edith E Catkin & Delta M. Hoar F f - ? 00)23'- Mitchell Apartments Inc. Property Q - ~a Propnet6 Mitchell Appartements Inc_ ae < e ze) a K ~Si 4Qot a j a t a 5r -etdp 41 oz o r - rfl~~E) J F 27 0 ( Gp` -S' EC L- v r FI - Q 2 mR 4- i- 21Q7 13 1 Is,, 1l f~ Plan Of Survey/Plan d Arpentage \ ? - Showing a poet - of Mitchell Street . N- ; s: ;ck c Go-Q d. ate vol es Montrant une t Rue Mitchell , j e des coorao :ees geodes.q.:es dv Nouveau Brunswick ( y t ont John , Ville cc Saint John , s ; C c. Saint John Cc r,ty a New Brunswick . L .end/L'3ende ~A,\ \ 3s 6P-s 4,1 C _P. pt/pt c Comte de Saint John Nouveau- Brunswick. 693066 C lP a^9 S 694 041 C ~ c. P C- T 3 6122E - 1 Eii GFZF, n SUT YEYS A O 54'LTAhTS IhC 7 t 364 658 9a d. P 5 18, Ga 26 fie.. . rk.y _ tl cv _ :ck a1 The Ci oP Saint john May 2, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors, Re. Presentation - Reversing Falls Master Plan Common: Council engaged the Glenn Group of Landscape Architects to prepare a master plan to re-develop the Falls area into a world class tourism attraction. Working with the representatives from the Waterfront Development Partnership, the Harbour Passage Working Group, city staff and community volunteers, the Glenn Group has hosted public meetings, held focus groups in various Cities and completed a comprehensive analysis of the development potential of this phenomenon. The final report is now complete and the committee is requesting an opportunity for Mr. Glenn to present a summary of his findings and recommendations to Common Council. City Manager 1 6r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 wwwsainkjohn.ca. I C.P. 1971 Saint John, N.-B, Canada E2L 4L1 304 _J0 REPORT TO COMMON COUNCIL May 6, 200'.4 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: GRANT REQUESTS: BOB'S AND GIRLS CLUB OF SAINT JOHN SOUTH END DAY COMMITTEE The attached two requests were referred to the City Manager on Monday for a report for Council's consideration. The City of Saint John For the record, Common Council has approved an amount of $60,000 so as to allow Council to support various activities or public celebrations throughout the year. At the time of approving this allotment, Council was provided with a list of recommendations that totalled $31,000 and staff has been disbursing these funds consistent with this pre-approved list. Since that time, Council has approved a grant to Symphony New Brunswick in an amount of $5,000.00, leaving Council with an unencumbered balance of $24,000. Obviously, both requests for assistance are worthy of consideration by Common Council. Support for a National Youth Conference, and for an effort to create a heightened sense of community pride within the South End, are both worthy endeavours. Having said this, Council must always be concerned with setting a precedent albeit it can be argued that one has already been set. Council should also bear in mind that there is more than six months remaining in our fiscal year and Council will no doubt receive similar requests from very worthy organizations, events, conferences and celebrations. With this in mind, should it be the wish of Council, the following resolution would be appropriate. 1. Approve a grant to the Boys and Girls Club of Saint John in the amount of $1,000.00 as sponsorship of the National Youth Conference. 2. Approve a grant to the South End Days Organizing Committee in the amount of $1,000.00 in support of the South End Days Festival. 305 P C }pup f I Ikl1C ~'p C'c}p.parc:il ut-I 111, Y t, ~'l~ iJc11uesis Te I,,.., a _ J CITY MANAG k 306 04/14/2009 15:55 506-648-0604 BOYS & GIRLS CLUB PAGE 02/04 ' Boys & Girls Club rr - r 4~ 'yJ of Saint Jahn A good palace to be Attention: BGARD of DIRECTORS Founding Presldent: Duncan M, Wathen Mayor [van Court (1804 »9989) Members of Common Council president David J. Merrlih~ew Re: Funding Request 9" VIC;ePMIdenh Date: April 17, 2009 Catherina ftnanes], CA, e Vice-president THE BOYS ARID GIRLS CLUB OF SAINT JOHN, INC. Cory S. Gallant and Treasurer. CattcariRa Rfgrrane96, C:.A. THE BOYS AND GIRLS CLUBS OF CANADA PRESENTS THE 2009 NATIONAL, YOUTH CONFERENCE., Secretary: Amanda Masters "CLICK'09-When it Clicks, it Makes Sense"! NO P=Went: Cad A. White The Bays and Girls Clubs of Canada and the Brays and Girls Club of Saint John would like to respectfully request financial support from the MEMBERS City of Saint John for the hosting of the National Youth Conference: in Cony Srienza what will be an amazing opportunity for youth. Peter T, Dolan 1M. (MOO) Ferguson Richard T. ,!ones On May 2:0-24, 2009, close to 200 youth and staff from Boys and Girls Scott McK)rmQn Clubs across the country will converge in beautiful Saint John, New Audrey McLaan Brunswick for a week full of new opportunities, experiences, Todd Potter friendships, knowledge and new energy to bring back to their home Arthur L Path Lynn Reclvr Clubs! Philippe Richard Michael P. Schulze The conference will take lace at the University of New Brunswick, Scott Stacey Saint Jahn Campus and is geared to youth ages 14-18 years old, Shannon Wheaton ideally with some leadership experience or interest. EXECUTIVE DIRECTOR The Boys and Girls Club of Saint John and the BGCC are looking Deborah A. (pebble) Cooper forward to hosting Click '09, a conference dedicated to creating EXECUTIVE DIRECTOR opportunities to understand and explore personal, local, and global EMERITUS challenges. Margaret E. Nodweli i Paul Harris Street s y PO Sox 2441 rn%A Saint John. NB 1521. V9 T 506 634-2011 P 506 BSS-0804 Xrc ncr era r c wva www,beccan.oorn 310 307 04114/2609 15:55 506-648-0804 BOYS & GIRLS CLUB PAGE 03/04 Boys & Gilds Club of Saint John A goad place to be BOARD OF DIREOTQRS Founding President: Dun= M, Wathen In addition to motivational keynote addresses, the youth will experience (1904-1989) formal and informal workshops and speakers. These workshops will provide an opportunity to make sense of things that "click" through a President focus on yourself and personal wellness, your community and conflict dg~i " resolution, your region from a technological view, and your world as a I" Vitae-President: whole. Catherine Rignanesl, C.A. 2m 10o~-Preent We would greatly appreciate your due consideration to our request for C ary S. Gallant $2,000.00 to off-set conference costs as outlined in the attached budget. Tease contact Scott McKinnon, conference co-chair at 644- Treasurer: 9229 (cell) or Carl White at 643-2900. Catherina Rignanesl, CA„ s~r~tary: We would appreciate being notified of your decision to participate by Amanda Master's contacting one of the aforesaid stated contacts. Past President Thank you and we await your reply. Carl A. White MMERS Cony E3renm You s truly, Pater T, r Pe f J.M. (Mau) y lonft on / Richard T, Jones Scott McKinnon Girl. Whitt ScottMcKlnnon Conference Co-Chair Host Committee Amy McLean Toed Potter Arthur L. Pottle Lynn Rector Philippe Richard Michael F. Schutzo Scott Stacey Shannon Wheaton EXECUTIVE NRECTOR Deborah A. (Debbie) Cooper EXECUT VE DiRECTOR EMERITUS Margaret E, Nodw>all 1 Paul Hanis Street L PO Box 5441 1 Saint John, N13 ~ . 2L 0Vs!'S D T 634-2011 F SOHO 64 -0804 rtrcra4rsa fix. wwmbgrman.00m 312 308 04/14/2009 15:55 506-648-0804 BOYS & GIRLS CLUB PAGE 04/04 BOYS AND GIRLS CLUBS OF CANADA BOYS AND GIRLS CLUB OF SAINT JOHN , HOST 2009 National Youth Conference (May 20-24, 2009) BUDGET EXPENDITURES ~ Accommodation, meals and conference venue (4 nights & 4 daps) Conference - speakers, workshops, events & activiiies Day Trip Transportation to the conference venue from the airport & for conference activities Youth Steering Committee planning Communications (logo creatrvn, print material, signage,banners, shipping) Registration kits tl Conference Management Miscellaneous ITOTA1. rzxPEN6MREs SPECIFIC SOURCES OF REVENUZ Conference registrations (175 people x $275 per person) Sponsorship: Sears Microsoft Other BGCC Sponsors Conference Host Club Fundraising 130ys and Girls Clubs of Canada Foundation iTQTAL REVENUE 311 309 AMOUNT ~ 50,000 ~ 17,s0o ~ 10,500 3,500 10,000 3,500 9,000 10,000 4,125 1~s,12~ . 1 TOTAL 46,'1,25 20,000 90,000 16,000 9,000 15,00+0 118,125 P n - April 81h, 2004 Mayor Court and City Councilors: This letter is to inform your worship and fellow councilors of the upcoming 2004 South End Days and how you and your team can help us make this neighborhood festival a success. The South End Days Planning Committee is a group of community volunteers who work together within the neighborhood and with community stakeholders to produce the annual festival. The committee works, draws and counts on community support and donations to make South End days a success in the City of Saint John. This year's festival is planned July 17-191b, 2004, This year's honorary chairman is city councilor Donnie Snook, In 2008, people from the South End Peninsula of Saint John came together to plan a one day event that celebrated their neighborhood and the people who lived there. If one thing was evident from last year's success it was that this neighborhood was very proud of where it came from and that it wished to create a new tradition, As such for 2009 the festival will be bigger and better with it spanning over 3 days. This year we have a fundraising goal of $20,000,00 in order to grow South End bays into a great 3 day festival, as such we are reaching to local organizations to help us attain our goal through donor dollars or in kind donations. We believe that we all have a stake in our community and we are asking that Saint Jahn Common Council consider a donation of $2500.00 or perhaps if better suited an in kind donation of police services during the festival. Your support and contribution will help with the much needed growth and vibrancythat our great city needs. We look forward to discussing your contribution and we would be honored to have Saint John Common Council as a major sponsor of our festival. 1 will follow up with you later next week to discuss your possible contribution, Respectfully submitted, Carl Trickey South End Day Committee Head 506-636-8000 mmanorbb@nbnet.nb.ca 307 310 ~ ' 0 REPORT TO COMMON COUNCIL May 11, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: An Accountability Framework for the City of Saint John City of Saint john When Council met in September of 2008 to establish priorities for their four year term of office the following goals were identified: - We will have City services that are delivered efficiently and effectively at an equitable tax rate Our citizens/ratepayers consistently recognize municipal service as being effective at a supportable cast Associated with these goals Council established the following priority: Value for money audit and management benchmarks will be complete. Upon completion, staff will develop a plan that mandates a report on efficiency and effectiveness three times a year. Over the past several months staff has been working on an accountability framework for the City of Saint John. This framework sets out actions that are being taken to address Council's priority. One of the areas that will be focused on in the presentation is the move to a service based budget commencing with the 2010 budget year. While a significant amount of work has been completed we are at a point where we need to have discussions with Common Council to ensure that the direction being taken will meet your needs. Staff would like to have an opportunity to present the Accountability Framework to Common Council at an open Committee of the Whole session. We would request that Council consider holding this meeting on Tuesday, May 191' at S:OOpm. Respectfully submitted, ,✓1 Andrew-' . Beckett C.A. ut' City anager - o s & Priorities Terry L. Totten F.C.A. City Manager 311 M & C 2009 - 133 May 7, 2009 11 - m -0 ~1 ~ ~ His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2009-6 - Rothesay Road (Route 100) - Phase 1 (Clairmont Street to Railroad Overpass) Sanitary and Storm Sewer Installation and Road Reconstruction Provincially Designated Highways Improvement Program PURPOSE III,. L& u: iia Juhn The purpose of this report is to provide Council with an update on the status of the Rothesay Road Reconstruction project and to seek Council's endorsement for proceeding with the tendering process. BACKGROUND The Rothesay Road reconstruction project from Colony Road to Fulton Lane has been driven largely by the need to upgrade the road surface which is significantly deteriorated, as well as the need for pedestrian passage along Rothesay Road. Residents expressed their concern at a Town Hall meeting and have requested the provision of a sidewalk along Rothesay Road for the safety of citizens and their children. Traffic volumes are extremely heavy along this section of Route 100. Common Council approved funding ($370,000 City share and $700,000 Other share) in the 2007 General Fund Capital program - Transportation category for the design, storm sewer, road widening, curb, sidewalk and landscaping of Rothesay Road between Colony Road and the railroad overpass near Brookville Manufacturing. The project was submitted to the Province under the 2007 Provincially Designated Highway Grant Program for review, consideration and approval, but funding for the project was not approved by the Province for 2007. On April 28, 2008 (M&C 2008-114), Council approved the proposal of Godfrey Associates Ltd. for engineering services (design and constriction management) for Rothesay Road - Road Reconstruction from Colony Road to Fulton lane in the amount of $369,318.00, including the City's eligible HST rebate. This amount was to be charged against the above-noted $370,000 City share under the 2007 General Fund Capital Program. 312 M & C 2009-133 May 7, 2009 Page 2 The project was again identified in the 2008 General Fund Transportation Capital Program and Council approved finding ($540,000 City share and $730,000 Other share) for the design, storm sewer, road widening, curb, sidewalk, landscaping and paving of Rothesay Road from Colony Road to the railroad overpass. In a letter dated March 27, 2008 (attached), the Province advised that cost sharing was approved for Rothesay Road reconstruction from Colony Road to the railroad overpass in the amount of $700,000 plus eligible HST ($350,000 per year over two years starting in 2008). At a Public Information Session on June 8, 2008 with Municipal Operations and Engineering staff and Godfrey Associates Ltd. to discuss Phase 1 of the Rothesay Road reconstruction, a number of citizens asked about possible extension of sanitary sewer services. On October 14, 2008 (M&C 2008-290), Council authorized the following: 1. The approval of a new project in the amount of $1,250,000 under the 2008 Water and Sewerage Utility Fund Capital Program - Sanitary category for the installation of a sanitary sewer and forcemain along Rothesay Road between Clairmont Street and Fulton Lane. 2. The engineering services agreement with Godfrey Associates Ltd. for engineering design and construction management for Rothesay Road be increased from $369,320.00 to $573,312.00 (including the City's eligible HST rebate) to include the cost of design and construction management of a sanitary sewer system on Rothesay Road from Clairmont Street to Fulton Lane. 3. Staff to prepare a letter for signature by the Mayor requesting that the Provincial funding of $350,000.00 (plus eligible HST) for the Phase I road reconstruction on Rothesay Road for 2008 be transferred to the Somerset Street Reconstruction project which was completed in 2008 and further that the Province provide cost sharing in the amount of $1,520,000 to cover the Provincial share of the Rothesay Road reconstruction project between Colony Road and Fulton Lane. The installation of the sanitary sewer along Rothesay Road was to be incorporated in the design for Phase 1 road reconstruction of Rothesay Road between Colony Road and the railroad overpass. During preliminary design for the Rothesay Road reconstruction project it was determined through testing and detailed field inspection that in addition to the original scope of work for storm sewer, road widening, curb, sidewalk, landscaping and paving the project would require full depth road excavation and the constriction of a retention pond near the existing outfall. The cost estimate was revised to reflect the increased scope of work and this project was again identified in the 2009 General Fund Transportation Capital Program and Council approved funding ($750,000 under City share and $1,770,000 under Other share) for the Rothesay Road reconstruction project between Colony Road and the railroad overpass. The amount of $1,770,000 under Other share was budgeted equally with $885,000 in 2009 and another $885,000 in 2010. 313 M & C 2009-133 May 7, 2009 Page 3 In December 2008 the City submitted to the Province a Five-Year (2009-20131) Provincially/Regionally Designated Highways Improvement Program for their consideration. Prior to the submission of the Five Year Program Provincial staff were made aware of the revised scope of work for Rothesay Road. In a letter dated March 12, 2009 (attached), the Province advised that cost sharing was approved for Rothesay Road reconstruction from Colony Road to the railroad overpass in the amount of $900,000 plus eligible HST ($450,000 per year over two years starting in 2009). Based on the updated cost estimates prepared in 2008 the Rothesay Road project the provincial share of the project was valued at $1,770,000. The funding level of $900,000 approved by the Province represents only about one half of the proper funding support. This leaves the City in a situation of having to fund the remainder in order to move this project forward which far exceeds the City's fair share to complete the project. The overall budget available for the project after totaling the 2007, 2009 and 2010 General Fund budget allocations is $1,120,000 City share and $900,000 Other share. The budget available for the sanitary sewer system from the 2008 Water & Sewerage Utility Fund Capital Program is $1,250,000. ANALYSIS The design of the storm sewer system includes a retention pond for increasing storm water storage capacity. Storm water retention ponds are an environmentally friendly "green" solution for capturing and controlling storm water flows. Because the storm water retention ponds are exposed water bodies, birds and other wildlife are likely to be attracted and will utilize the facility as habitat. In order to constrict the storm water retention pond the acquisition of property from 4 1563 Rothesay Road is required. This option was among five alternatives presented by Godfrey Associates and the retention pond was determined to be the most cost effective option. The existing storm sewer outfall empties into an existing infiltration gallery of rock (fissures in limestone) approximately 50 metres north of Rothesay Road on private property adjacent to the residence at 41563 Rothesay Road. History has shown that this rock infiltration gallery does not have the capacity to handle high intensity rainfall as well as spring runoff conditions. The infiltration gallery has surcharged under peak storm flows resulting in flooding conditions around the residence as well as into the fields on both sides of Rothesay Road. The constriction of a storm water retention pond would allow for the retention of storm water during peak flow periods with the release of the storm water under controlled conditions following the wet weather event. With respect to the proposed property acquisition at 41563 Rothesay Road, staff from Planning & Development have met with the property owner and a tentative agreement has been reached for the purchase of the property and residence. A separate report recommending the purchase of the property at 41563 Rothesay Road is also before Council tonight for council's consideration. The design for Phase 1 reconstruction of Rothesay Road between Clairmont Street and the railroad overpass near Brookville Manufacturing is nearing completion and the tendering process is scheduled to proceed over the next few weeks. 314 M & C 2009-133 May 7, 2009 Page 4 FINANCIAL IMPLICATIONS An Engineer's cost projection for this project has been prepared based on the 98% design and it has been identified that the total project costs (design, constriction, constriction management and property acquisition) will likely exceed the overall amount budgeted in the 2007, 2009 and 2010 General Fund Capital Program by an amount of $550,000. Staff will report back to Council in the coming weeks to identify offsets so that the overall budget envelope for the General Fund Capital Program remains at the original approved level. RECOMMENDATION It is recommended that Common Council authorize staff to utilize the available funding as outlined in this report and to proceed with the tendering process for the Phase I reconstruction project on Rothesay Road between Clairmont Street and the railroad overpass near Brookville Manufacturing. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 315 CONTRACT 2009-6 Date: May 7, 2009 ROTHESAY ROAD (ROUTE 100): (CLAIRMONT STREET TO RAILROAD OVERPASS) ENGINEER: James D.Flogeras,P.Eng. SANITARY SEWER, STORM SEWER AND ROAD RECONSTRUCTION I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 2 3 4 5 6 7 8 9 10 Description Capital No. Budget Approved Tender Amount City Forces Utilities Other Estimated HST Total (4+5+6+7)- Budget Surplus in 2008 Capital Rebate 8 Budget Shortfall Plan (3-9) a) Transportation Capital ( 2007)-City Share 210 6922 953 £ 205,000.00 0.001 0.001 205,000.00 b)Transportation Capital(2008)- City Share 210 6949 953 250,000.00 0.00 0.00 250,000.00 c) Transportation Capital(2008)- Citv Share 210 6950 953 290,000.00 300,000.00 25,410.27 274,589.73 15,410.27 d) Infrastructur Renewal- Sanitary(2008) 320 7852 955 965,310.00 148,310.00 12,561.99 135,748.01 829,561.99 e)Transportation Capital(2009)- City Share 210 6992 953 500,000.00 2,000.00 20,000.00 206,135.00 19,153.83 208,981.17 291,018.83 OTransportation Capital(2009)- City Share 210 6993 953 250,000.00 0.00 0.00 250,000.00 g) Transportation Capital(2009)- Other Share 210 6992 953 900,000.00 0.001 0.001 900,000.00 0.001 0.001 0.00 Totals I 1 3,360,310.001 1 2,000.001 20,000.001 654,445.001 57,126.091 619,318.911 2,740,991.09 I I I I I I I I 1 I I I I I I I I I The budget amount of $ 965,310.00 is the estimated portion of sanitary sewer work to be done in Phase 1 in 2009.Council approve $ 1,250,000.00 for Phase 1 and Phase 2 1 1 Work performed by City forces($ 2,000.00) is for tree planting 1 1 1 1 1 1 I I I I I I I I I The cost under"Utilities" ( 20,000.00) includes the relocation of a utility pole by Saint John Energy. 1 1 1 1 I I I I I I I I I The cost under "Other" is for design and construction management. 1 1 1 1 1 1 I I I I I I I I I The amount of $ 300,000.00 is for propertv acquisition 225,000.00) and for creation of retention pond ( $ 75,000.00 316 , r" 0 e" ~1 ,u I", I M & C 2009 - 134 May 6, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2008-41: Simms Corner Phase I: Fairville Boulevard - Catherwood Street to Lancaster Mall Entrance BACKGROUND This contract consists of projects that approved in the 2008 General Fund and 2009 Water & Sewerage Utility Fund Capital Programs for the reconstruction of Fairville Boulevard between Catherwood Street and the Lancaster Mall Entrance as follows: • Reconstruction of the Harding Street and Lancaster Mall intersection • Reconstruction of the roadway on Fairville Boulevard between Catherwood Street and the Lancaster Mall entrance • Surface reconstruction of the Catherwood Street - Fairville Boulevard intersection • Reconstruction of the traffic lights and pedestrian access at the Catherwood Street - Fairville Boulevard intersection • Renewal of the storm sewer on Fairville Boulevard between the Lancaster Mall entrance and Catherwood Street • Renewal of the watermain under the Catherwood Street - Fairville Boulevard intersection • Constriction of underground electrical utility vault • Constriction of anew 375mm sanitary sewer on Fairville Boulevard between the Lancaster Mall Entrance and Catherwood Street 317 M & C 2009 - 134 May 6, 2009 Page 2 TENDER RESULTS Tenders closed on May 6, 2009, with the following results: 1. Galbraith Constriction Ltd., Saint John, NB $ 2,815,958.19 2. Gulf Operators Limited, Saint John, NB $ 3,468,172.27 The Engineer's estimate for the work was $2,231,938.35. ANALYSIS An analysis of the unit prices for the various components of work was completed after the tender closing to determine where the majority of the difference was between the Engineer's estimate and the low tender. The majority of the difference was within the roadwork and sanitary sewer components. The overall difference between the Engineer's estimate and the low tender reflects a divergence between the costs anticipated the consultant and current local market conditions. Contractors in the greater Saint John area are very busy and this is reflected by the fact that the City only received two bids for this project. The tenders were reviewed by staff and all tenders were found to be formal in all respects, Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against three capital work projects. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $2,835,000 was provided in the budgets and that the projected completion cost of the projects included in the contract is estimated to be $3,007,088.83 including the City's eligible H.S.T. rebate - a $94,890.63 negative difference in the General Fund Capital Program and a $77,198.20 negative difference in the Water & Sewerage Utility Fund Capital Program. A report will be submitted in the coming weeks identifying offsets so that the overall budget envelopes for the General Fund and the Water & Sewerage Utility Fund Capital Programs remain at the original approved levels. This project is important to overall roadway system improvements and development occurring in the area. POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. 318 M & C 2009 - 134 May 6, 2009 Page 3 RECOMMENDATION It is recommended that Contract No. 2008-41: Simms Corner Phase L Fairville Boulevard - Catherwood Street to Lancaster Mall entrance, be awarded to the low tenderer, Galbraith Constriction Ltd., at the tendered price of $2,815,958.19 as calculated based upon estimated quantities, and further that the Mayor and Common Cleric be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Terrence Totten, F.C.A. City Manager 319 M & C 2009 - 124 May 7, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: '111t. L& u: ia Juhn SUBJECT: Public Information Session - Pipeline Road West Water Transmission Main Installation from Spruce Lake to Gault Road PURPOSE The purpose of this report is to inform Council of a Public Information Session that will be held in relation to the Pipeline Road West Water Transmission Main project, and to update Council on the status of the project. BACKGROUND The approved 2009 Water & Sewerage Utility Fund Capital Program includes a project for the constriction of a new 3400 in long water transmission main generally parallel to Ocean Westway from Spruce Lake to Gault Road. It also includes the installation of a smaller distribution water main along sections of Ocean Westway that are currently serviced by the existing large cast iron main built in the 1890's. The project's design and constriction management was awarded to CBCL Limited earlier this year. This project will be funded under the Gas Tax Fund Agreement. ANALYSIS Constriction of the project is scheduled to begin in late summer of 2009 and is expected to be completed in 2010. Staff are proposing to use the New Brunswick Department of Natural Resources (DNR) right of way, which is currently a portion of the NB Trail, for the route of the new water transmission main. Staff have tentative approval from the DNR for an easement over their land. This is a major project that will impact the local area during constriction. For this reason it is appropriate to hold a Public Information Session to allow local residents and others an opportunity to view the project design drawings, ask questions and give their feedback on the constriction project. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. 11 - m -0 ~1 ~ ~ 320 M & C 2009 - 124 May 7, 2009 Page 2 The areas affected will be the upper end of Gault Road and Ocean Westway from Manawagonish Road to Spruce Lake. The public is invited to attend an information session on this project that is scheduled to be held at Victory Assembly on Gault Road on Wednesday, May 13, 2009 from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. This report is being provided for the information of Council and to extend an invitation to any Councilors who may wish to attend the Public Information Session. The Public Information Session will be advertised and a copy of the attached notice will be delivered door to door in the project area. RECOMMENDATION It is recommended that this report be received and filed. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 321 The 011 ctf 9-anr. Ohn PUBLIC INFORMATION SESSION Pipeline Road West Water Transmission Main Phase II Spruce Lake to Gault Road The City of Saint John has advanced the recommendations of the 1999 Water Strategy as well as the West Saint John Water System Reconfiguration of 2004 to address water system planning throughout the City of Saint John. The strategy includes recommendations for the replacement of transmission main from Gault Road to Spruce Lake. Representatives from the City of Saint John and the project design team will be available to answer questions related to the proposed project. The areas affected will be the upper end of Gault Road and Ocean Westway from Manawagonish Road to Spruce Lake. The public is invited to attend an information session on this project on the following date and times: Date: Wednesday, May 13t", 2009 Place: Victory Assembly, 70 Gault Road Time: 2:00 p.m. - 4:00 p.m. and 6:00 p.m. - 8:00 p.m. For further information about this project, contact the Consultant, CBCL Limited, Consulting Engineers, at (506) 633-6650. 322 The 011 ctf 9-any. Ohn SEANCE D'INFORMATION PUBLIQUE Conduite d'eau principale du chemin Pipeline Ouest - Phase II Du lac Spruce au chemin Gault Dans le but d'aborder la planification du systeme d'aqueduc sur 1'ensemble de son secteur, The City of Saint John a formule des recommandations a 1'egard de la Strategie d'epuration de I'eau de 1999 et de la reconfiguration du reseau d'aqueduc dans le secteur ouest de la ville. La strategie comporte des recommandations pour le remplacement des conduites principales d'eau du chemin Gault au lac Spruce. Des representants de The City of Saint John et des membres de 1'equipe de conception du projet seront a votre disposition pour repondre aux questions relatives au projet propose. Les zones concernees seront I'extremite superieure du chemin Gault et la voie Ouest Ocean, du chemin Manawagonish au lac Spruce. Le public est invite a assister a une seance d'information sur ce projet a la date et aux heures suivantes Date : Le mercredi 13 mai 2009 Lieu : Victory Assembly, 70, chemin Gault Heure: De 14 h A 16 h et de 18 h A 20 h Pour obtenir de plus amples renseignements sur ce projet, veuillez communiquer avec le consultant (CBCL Limited, Consulting Engineers) au 506-633-6650. 323 Saint John Parking Commission Commission sur le stationnement de Saint John May 06, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: 11 th Floor, City Nall, 11 ieme Etage, N®tel de Ville P.O. Box 1971 / C. P, 1971 Saint John, N.B./N.-B. E2L 4L1 Tel / Tet: (506) 658-2897 Fax / T616copieur: (506) 649-7938 E-mail / Courriet: parking<-Wsaintjohn.ca SUBJECT: ecoOBILITY Agreement - Funding from Transport Canada Striving for an eco-friendly, sustainable alternative for daily commutes in the City of Saint John and surrounding areas This report provides a short overview of the ecoMOBILITY Initiative which has been proposed on behalf of tile City by the Saint John Transit Commission and the Saint John Parking Commission. The proposal has been approved for funding by Transport Canada. An agreement between the City and the Minister of Transport, Infrastructure and Communities is required in order for the funding to flow". Bacuround The City of Saint John has embarked on a long-term journey to become a sustainable city. The `Vision 2015' process has successfully engaged thousands of stakeholders and has resulted in the adoption of a Community Vision, Goals for Saint John and Sustainability Principles for Saint John. With this clear direction, the Saint John Transit and the Saint John Parking Commissions will be striving for sustainable alternatives for daily commutes in the City of Saint John and surrounding areas. The City of Saint John community vision statement begins with, "Our Saint John, Canada's first city, leads the nation as an example of a sustainable community." Saint John Transit's Vision statement promotes the need to "provide a safe, affordable and sustainable transit service which provides mobility to people of Saint John and supports the economic and social goals of the City of Saint John". Transportation is one of the biggest issues in the pursuit of a sustainable community, as well as dealing with climate change concerns. That is why the Government of Canada through Transport Canada is funding initiatives such as this. One key element of this initiative is to provide public education to the citizens of the City of Saint John and its surrounding communities on the benefits of using public transportation, ride sharing and active transportation with emphasis on decreasing the use of automobiles for commuting to help reduce environmental pollution and decrease green house gas emissions. The goal is to create a cleaner environment and assist the City in its progress towards a more sustainable, environmentally friendly community. In addition, the move to more sustainable transportation modes will reduce the future demand for parking spaces. Particularly in the Uptown, this can mean millions of dollars that do not have to be invested in expensive parking structures.. www.sajnljohn.ca May 6, 2009 Activities of the Protect Page 2 This initiative will pull together a number of previous projects, evaluate and make improvements, as well as undertake new initiatives. An overview of project components includes; • PRESENTATIONS: an educational program and promotional material will be developed and presentations and lunch & learns for businesses, organizations and schools will be carried out to inform them regarding opportunities to use alternative transportation modes, • WEBSITES: Websites for Transit, Park and Ride, Ride Sharing, and Active Transportation will be reviewed, developed, and continue to be updated. • SURVEYS: surveys of current and potential users of alternative transportation will be carried out and recommendation made regarding improvements required to increase use. • NEXT BUS GPS TRACKING SYSTEM: digital "next bus" GPS capacity will be installed as well as signage that will enable riders to obtain real time information on when the next bus will arrive at their location, This technology will also enable WiFi internet access for riders as they travel. ■ REROUTING IN-CITY TRANSIT - bus routing in the City of Saint John will be evaluated, and improvements made to routes based on new traffic and use patterns. Deadheading will be reduced to both save costs and reduce greenhouse gas emissions. • SAINT JOHN BY THE SEA- comeX IN THE CITY: In conjunction with re-routing, several "in the City" new comeX routes will be established, funded by the New Brunswick Climate Change Action Fund. • GRANT APPLICATIONS: grant applications will be pursued for additional funds identified to implement key components and alternative transportation policy recommendations from this project. • PROJECT MANAGEMENT - REPORTS AND POLICY RECOMMENDATIONS: progress will be tracked and reported to Council and Transport Canada and actions for improvements in the alternative transportation system will be recommended. • RESEARH: Educational and research opportunities will be pursued to identify best practices in other communities for consideration here.. Funding of the Proiect This project is a joint venture by the Saint John Parking Commission and the Saint John Transit Commission. Transport Canada will contribute $210,000 to the project which will be matched by the Saint John Parking Commission over a three year period. It is expected that applications may be made for additional federal funding to further implement components of the project. The current funding arrangement with Minister of Transport, Infrastructure and Communities requires an agreement between the City and the Minister of Transport, Infrastructure and Communities. The City will act as a funding recipient and the obligations imposed upon the City will in fact be discharged by the Saint John Parking Commission in accordance to the agreement to that effect. RECOMMENDATION: That the Common Council of the City of Saint John approve the project to receive funding from Transport Canada and that the seal of the City of Saint John be affixed and the contract signed by the Mayor and Common Clerk. Respectfully submitted, Christo tus C an Saint John Parking Commission Saint John Transit Commission 325 COUKROM May 5th, 2009 Mayor Ivan. Court & Common Council City of Saint John Saint John, New Brunswick Your Worship, I was disheartened last week to find out that my proposal to the Saint John Community Arts Funding Program regarding the June 30th Canada Day Countdown music festival was rejected. Going into it's 5th year the Canada Day Countdown has hosted multiple East Coast Music Award winners and thousands of fans in a concert showcase truly unique not only to Saint John but in all of Canada. The economic spin off of the event could be estimated in the 100's of thousands of dollars in the Uptown area with average attendance at the annual free concert on the Market Square Boardwalk close to 5000 people. Each year other corporate & community sponsors such as McDonald's, the UNB Saint John SRC and Atlantic Lottery have also contributed to the Countdown celebrations allowing the non-profit event to be free and enjoyed by music fans from across the city & province. While I fully expect many of those corporate sponsors to continue their support, funding from the city is also critical in ensuring a successful event. hereby request to come before Common Council at the earliest convenience to make a funding request of $3000 for the Canada Day Countdown. I've attached my initial proposal to the Community Arts Funding Program for your review. Please contact me directly with any questions that you may have. st Rc ids, Craig Ilen Committee Member & Event Founder Canada Day Countdown 506-333-9675 info@craigallen.ca 326 COUNTUOWN Community Arts Funding Program Application 2009: Canada Day Countdown Music Festival Market Square Boardwalk June 30th 2009 327 1 00 f;~ _y ~r y_T __1 Largest Boardwalk Crowds in 20 years - The Canada Day Countdown 2005, 2006, 2007 & 2008 m, ADrn DAY Community Arts Funding Program Application 2 328 77 I About the Canada Day Countdown.... Wanting an edgy, focused, celebratory event to ring in Canada Day in the country's first incorporated city, a group of young people lead by community group FUSION proudly introduced Canada Day Countdown to Saint John on June 30, 2005. Starting at dusk and culminating in a New Year's Eve-style countdown to July 1 st midnight, the Countdown has attracted award-winning bands and record-setting crowds to the Market Square Boardwalk - and has earned the reputation of an event that is a unique amongst other Canada Day celebrations in Saint John and around Atlantic Canada. Entering its fourth year, the Canada Day Countdown continues to be an event that people are planning for and want to be involved in - from artists to sponsors to Atlantic Canadians wanting to kick-start Canada's birthday party in Saint John.. 2009 offers continued to excitement and already plans are well under way for another successful party this June 30th. The Market Square Boardwalk returns as a Canada Day Countdown headquarters in the city & serves as the ideal outdoor venue in Uptown Saint John with its restaurant and bar facilities, plus close proximity to hotels and a backdrop of historic and urban uptown Saint John. The Boardwalk can accommodate the anticipated crowd and host requirements for performers and sponsors. Once again for 2009, community groups & sponsors have signed on as enthusiastic partners for this event. The 2009 Canada Day Countdown is scheduled to contain the following elements on June 30th: Evening Music Festival on the Boardwalk (A 19+ Event) The event will be targeted for a 19-40 demographic, and access will be available only to adults similar to music festivals such as the Harvest Jazz & Blues Festival in Fredericton and Salty Jam. here in Saint John. This strategy keeps Canada Day itself for families and allows the Canada Day Countdown to become the destination for young adult musical fun. The 2005-08 Canada Day Countdowns were free events and the 2009 event will be a free musical concert as well. Past crowds have exceeded 4000 people. A popular rock band will be presented as the key attraction to the Canada Day Countdown. It has been important to choose acts that are hip, cutting edge and relevant to properly target the demographic that we are seeking. Previous year's event line-ups included ECMA winning acts such as The Trews„ Wintersleep, Matt Mays, Slowcoaster, Hey Rosetta & In Flight Safety Similar acts will courted for the 2009 event with marquee names such as the Joel Plaskett Emergency currently being discussed, The event will begin at 7pm and last until approximately 1 am. The event will be promoted as a "Rain or Shine" event, 3 A D;",.Y C bi Community Arts Funding Program Application 329 In order for the 2009 Canada Day Countdown to once again see tremendous success, significant support from sponsors will be required, Sponsorship generates substantial revenues to cover the costs associated with these free community events. Past sponsors being courted for this year's event included McDonald's Restaurants, U'NB Saint John, Market Square, Evolving Solutions, Moosehead Breweries & the Wave Radio. The 2009 event requires $10 000 in financial sponsorship with Market Square & their tenants picking up the remaining expenses. The volunteers of the non-profit Saint John Canada Day Committee Inc organize the event. 2009 Event Budget Musical Acts: $10 000 Sound & Lights: $2500 Security: $1000 Media Promotion: $1000 Poster Design. $300 Poster Printing: $500 Total $15300 Canada Day is coming fast... The Saint John Canada Day Committee Inc. is very excited to submit this application to the Community Arts Funding Program for a $3000 contribution to the event. We look forward to the City of Saint John being part of the team required to make the Canada Day Countdown a national recognized success. We truly believe in the potential of these events to continue to promote Saint John as a regional destination for Canadians to seek fun, excitement, music & culture and also as a vehicle to increase the profile of the "new" Saint John amongst young people across Canada. We all have a stake in our community. Let's work together and support growth and new vibrancy in our city. We look forward to further discussing your support of the 2009 Canada Day Countdown in the City of Saint John. Contact Craig Allen Saint John Canada Day Committee Inc, 506.333.9675 info@a craigallen.ca We encourage you to visit Canada Day Countdown Online at: httD://www.canadadavcountdown.ca Community Arts Funding Program Application 4 330 NEW BRUNSWICK POLICE ASSOCIATION Mayor Ivan Court and Council April 29h./09 City of Saint John c/o Common Clerk Dear Elected Representatives: The New Brunswick Police Association has conducted an in-depth review of all policing services and the funding structures in place throughout the province. Presently the Federal and Provincial governments subsidize the policing costs in 268 Local. Service Districts and 76 municipalities under the Provincial Policing Services Agreement. In addition the Federal government subsidizes 9 of the 13 municipalities under Direct Contract. The amount of the Provincial subsidy for 2008 equalled $27.1.1 m. In addition the Federal government gave the Province 8.8 m last year to increase " front line" policing. We believe some of this money could be used for municipal regional policing. We herein request to meet with Council in committee of the whole at your earliest opportunity to outline these matters further. Thank you, Dean Secord President NBPA 506-653-1175 506-672-5650 331