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2009-08-17_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, August 17, 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)0) 1.2 Contract Negotiations 10.2(4)(c,d) 13 Property Matter 10.2(4)(c,d) 1.4 Property Matter 10.2(4)(c,d) Regular Meeting 1. Call to Order — Prayer 6:45 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of July 20, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Request for a Grant for School Improvement Project (Recommendation: Requested Grant be Approved) 5.2 Mayor Palmer Inviting Council and Staff to Visit Bangor Re Advancing the Energy Corridor Concept (Recomendation: Receive for Information) 5.3 Seniors' Advisory Board Requesting Donation for International Day of Older Persons (Recommendation: Donation be Approved) 5.4 Teed Letter Regarding Senior Citizen of the Year Recognition (Recommendation: Receive for Information) 5.5 Purchase Approval for Parks and City Landscape (Recommendation in Report) 5.6 Printing Services Agreement with Saint John Energy (Recommendation in Report) 5.7 City of Saint John Website (Recommendation: Receive for Information) 5.8 Tender for Abrasive Sand (Recommendation in Report) 5.9 West Salt Storage Facility Paving (Recommendation in Report) 5.10 Tender for Highway Salt (Recommendation in Report) 5.11 Unidirectional Flushing (Recommendation in Report) 5.12 Design & Constriction Management - Rockwood Park Redevelopment Phase 2 (Recommendation in Report) 5. 13 Flemming Court - Award of Constriction Management (Recommendation in Report) 5.14 Flemming Court (Recommendation: Receive for Information) 5.15 Hotel Courtenay Bay Sale of Freehold Interest in PID's #000 17905, 55045827, 55097075, and 55097091 (Recommendation in Report) 5.16 Proposal for Design and Inspection Services Shamrock Park BMX Mountain Bike Trails (Recommendation in Report) 5.17 Request for Renewal of a Temporary Mobile /Mini -Home 3396 Loch Lomond Rd (Recommendation in Report) 5.18 Proposed Public Hearing Date - 460 Milford Rd and 70 Gault Rd (Recommendation in Report) 5.19 Saint John Salvage Corps & Fire Police Admission of New Member (Recommendation in Report) 5.20 1219 Manawagonish Road - Contract for Services (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8:00 p.m. 8.1(a,b) Saint John Parking Commission: Residential Parking Study 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -Law Amendment 212 McAllister Dr 9.1(b) Planning Advisory Report Recommending Rezoning ByLaw Amendment 9.2(a) Proposed Municipal Plan and Zoning By -Law Amendment 47 -51 and 63- 69 Ross St and 72 -74 St. James St 9.2(b) Planning Advisory Report Recommending Municipal Plan and Rezoning ByLaw Amendments 9.3(a) Proposed Municipal Plan and Zoning By -Law Amendment 994 -1000 Rothesay Rd 93(b) Planning Advisory Report Recommending Municipal Plan and Rezoning ByLaw Amendment 93(c,d,e) Letters of Opposition 10. Consideration of By -laws 10.1(a) Proposed Zoning By -Law Amendment 693 -697 Manawagonish Rd 10.1(b) Section 39 Conditions 11. Submissions by Council Members 11.1 Fix My Street. com (Councillor Snook) 11.2(a) Graffiti Management Plan (Councillor Snook) 11.2(b) HRM's Graffiti Management Plan 12. Business Matters — Municipal Officers 12.1 City Manager: Sandy Point Road Planning Study 12.2 City Manager: Award of Proposal for Planning Consulting Services Leisure Services Infrastructure, Facilities and Programming Inventory Study 12.3 City Manager: Value for Money Review - Fire Services 12.4 City Manager: Contract 2009 -12 Spar Cove Road - Wastewater Pumping Station 13. Committee Reports 13.1 Committee of the Whole Report: Recommended Appointment of Facilitator for Pension Plan Discussions 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 17 aout 2009 Comite plenier 1. Ouverture de la seance 17 h — Salle de conference, 8e Rage, h6tel de ville 1.1 Question relative a 1'emploi — alin6a 10.2(4)j) 1.2 N6gociations contractuelles — alin6as 10.2(4)c), d) 1.3 Question relative aux biens -fonds — alin6a 10.2(4)c), d) 1.4 Question relative aux biens -fonds — alin6a 10.2(4)c), d) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 45 — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 20 juillet 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande visant l'obtention d'une subvention pour un projet d'am6lioration d'une 6cole (recommandation: que la subvention demand6e soit approuv6e) 5.2 Le maire Palmer invite le conseil et le personnel a visiter Bangor relativement A la promotion du concept de couloir de transport de 1'6nergie (recommandation accepter a titre informatif) 5.3 Demande de dons du Conseil consultatif des ain6s pour la Journ6e internationale des personnes ag6es (recommandation : que le don soit approuv6) 5.4 Lettre revue de M. Teed concernant la reconnaissance du citoyen aine de 1'ann6e (recommandation : accepter a titre informatif) 5.5 Approbation des achats pour 1'am6nagement paysager des pares et de la ville (recommandation figurant au rapport) 5.6 Convention des services d'impression conclue avec Saint John Energy (recommandation figurant au rapport) 5.7 Site Web de The City of Saint John (recommandation : accepter a titre informatif) 5.8 Soumission relative au sable abrasif (recommandation figurant au rapport) 5.9 Asphaltage de l'installation de stockage de sel du quartier ouest (recommandation figurant au rapport) 5.10 Soumission relative a 1'acquisition de sel de voirie (recommandation figurant au rapport) 4 5. 11 Rin�age unidirectionnel ( recommandation figurant au rapport) 5.12 Gestion de la conception et de la constriction visant la phase 2 du r6am6nagement du parc Rockwood ( recommandation figurant au rapport) 5.13 Cour Flemming — Octroi du contrat de gestion de la constriction ( recommandation figurant au rapport) 5.14 Cour Flemming ( recommandation : accepter a titre informatif) 5.15 Vente de l'int6ret franc de 116tel Courtenay Bay aux NID 00017905, 55045827, 55097075 et 55097091 ( recommandation figurant au rapport) 5.16 Proposition relative a la conception et aux services d'inspection des pistes de velos tout- terrain « BMX » au parc Shamrock ( recommandation figurant au rapport) 5.17 Demande de renouvellement de permis relatif a une maison mobile ou mini - maison temporaire situ6e au 3396, chemin Loch Lomond ( recommandation figurant au rapport) 5.18 Date propos6e pour la tenue d'une audience publique concernant le 460, chemin Milford et le 70, chemin Gault (recommandation figurant au rapport) 5.19 Services de police, d'incendie et de corps de sauvetage de Saint John — admission de nouveaux membres ( recommandation figurant au rapport) 5.20 Contrat de services concernant le 1219, chemin Manawagonish ( recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 20 h 8.1a,b) Commission sur le stationnement de Saint John : etude portant sur le stationnement r6sidentiel 9. Audiences publiques 19h 9. la) Projet de modification de 1'arret6 de zonage visant le 212, promenade McAllister 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant la modification de 1'arret6 de zonage 9.2a) Projet de modification du plan municipal et de modification de 1'arret6 de zonage visant le 47 -51 et le 63 -69, rue Ross et le 72 -74, rue St. James 9.2b) Rapport du Comit6 consultatif d'urbanisme recommandant les modifications relatives au plan municipal et a 1'arret6 de zonage 93a) Projet de modification du plan municipal et de 1'arret6 de zonage visant le 994 -1000, chemin Rothesay 93b) Rapport du Comit6 consultatif d'urbanisme recommandant les modifications relatives au plan municipal et a 1'arret6 de zonage 93c), d), e) Lettres d'opposition 10. Etude des arretes municipaux 10.1a) Projet de modification de 1'arret6 de zonage visant le 693 -697, chemin Manawagonish 10.1b) Conditions impos6es par Particle 39 11. Interventions des membres du conseil 11.1 FixMyStreet.com (conseiller Snook) 5 11.2a) Plan de gestion des graffitis (conseiller Snook) 11.2b) Plan de gestion des graffitis de RHM 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Etude de planification portant sur le chemin Sandy Point 12.2 Directeur general : Offre d'appel relative a des services de conseils en planification — Etude d'inventaire de l'infrastructure, des installations et des programmes des Services des loisirs 12.3 Directeur general : Examen de l'optimisation des ressources — Services d'incendie 12.4 Directeur general : Contrat ri 2009 -12 concernant le poste de pompage des eaux usees situe sur le chemin Spar Cove 13. Rapports deposes par les comites 13.1 Rapport du Comite plenier : Recommandations de nominations d'un animateur des discussions portant sur le regime de retraite 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 15. Correspondance generale 16. Levee de la seance August 14, 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 August 17, 2009 contains the following items on the agenda: 1.1 Employment Matter 10.2(4)(j), 1.2 Contract Negotiations 10.2(4)(c,d); 1.3 Property Matter 10.2(4)(c,d)" 1 .4 Property Matter 10.2(4)(c,d) Section 10-2(4) of the Municipalities Act states: "if it is 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": (c) "information htat could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (d) "the proposed or pending acquisition or disposition of land for a municipal purpose. 0) ` "labour and employment matters, including the negotiating of collective agreements". Respectfully Submitted, Jonathan Taylo Assistant Common Clerk I@- --- - ------------- --- - - - - - - - - ---------- - - - - - ---------- - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I wwwsaintjohn.ca I CY, 1971 Saint John, N.-B. Canada E2L4L1 Present: Deputy Mayor Chase and Councillors Farren, Higgins, McGuire, Snook, Sullivan, and Titus -and - P. Woods, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; B. Connell, Police Staff Sergeant; M. Gillen, Deputy Fire Chief, E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L -HOTEL DE VILLE — LE 20 JUILLET 2009 A 18 H Sont presents : le maire suppleant Chase et les conseillers Farren, Higgins, McGuire, Snook, Sullivan et Titus et P. Woods, directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; K. Forrest, commissaire a I'urbanisme et au developpement; A. Poffenroth, commissaire adjoint aux services d'inspection et des batiments; B. Connell, sergent d'etat -major du service de police; M. Gillen, chef adjoint du service d'incendie, ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Deputy Mayor Chase called the meeting to order and Pastor Clayton Meisner offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire suppleant Chase. Le pasteur Clayton Meisner recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on June 22, 2009 be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 22 juin 2009 soit approuve. A I'issue du vote, la proposition est adoptee. On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the agenda of this meeting with the addition of item 13.3 Committee of the Whole Recommended Appointments to Committees, be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 13.3, Comite plenier : Recommandations de nominations pour sieger aux comites A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the Abel Leblanc request to present to Council in Open Session with respect to the Carleton Community Centre and the Westside Pact be referred to the Clerk to schedule. 5.2 That the Youth Council of ONE Change request to present be referred to the Clerk to schedule. 5.3 That the Partners for Workplace Inclusion request to present be referred to the Clerk to schedule. 5.4 That the M. Cavanagh request to present to Committee of the Whole be referred to the Clerk to schedule. 5.5 That as recommended by the Acting City Manager: 1) Common Council extend "in- kind" support of free rent including heat and lights for the West Side Food Bank as part of the West Side Wellness Centre; 2) Common Council extend "in- kind" support to include the power consumption costs for the West Side Food Bank; 3) The City Solicitor be directed to prepare all necessary documents required to enter into this partnership with the West Side Food Bank; and that 4) The Mayor and Common Clerk be authorized to sign these documents. 5.6 That Common Council grant the submitted license agreement for granting right of way between The City of Saint John and 511978 NB Inc. for the term July 1, 2009 to June 30, 2014 and that the Mayor and Common Clerk be authorized to sign the license. 5.7 That as recommended by the Acting City Manager: 1) Common Council grant a licence to Hargo Jet Boat Tour Inc. /Excursions Nautiques Hargo Inc. for the term May 1, 2009 to April 30, 2010 under the submitted terms and conditions; and 2) That the Mayor and Common Clerk be authorized to sign the license. 5.8 That Common Council schedule the public hearing for the Zoning By -law amendment application of Played Out Fun Centre Ltd. (212 McAllister Drive) for Monday, August 17, 2009 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 5.9 That as recommended by the Acting City Manager, Common Council authorize Pi irrhacinn Anri NAAtariAic NAAnAnimmimnt to icci is A ni irrhaca nrr mr to gAint inhn Pnarnv the low tenderer, Castle Rock Construction Services Inc., at the tendered price of $186,718.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the Acting City Manager: 1) The following projects approved under the 2009 General Fund Capital Program: Assess on -site stormwater storage on large commercial properties; Backflow prevention and local drainage improvements; Design for three or more community retention facilities; Design /construct rider sewer(s) to service Brentwood Crescent, and Pilot program to disconnect rain gutters from storm sewers; drain to rain gardens on properties. be consolidated and replaced by one single project identified as Stormwater Management — Brentwood Crescent Rider Sewer in the amount of $1,050,000. 2) The proposal of CBCL Limited for engineering design and construction management services for Stormwater Management — Brentwood Crescent Rider Sewer be accepted and that the Mayor and Common Clerk be authorized to sign these documents. 5.12 That as recommended by the Acting City Manager, the proposal of Fundy Engineering for engineering design and construction management services for Burpee Avenue and Loch Lomond Road — retaining wall reconstruction and slope stabilization projects be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation. 5.13 That as recommended by the Acting City Manager, the proposal of CBCL Limited for engineering design and construction management services for Honeysuckle Drive and Bleury Street — drainage basin study and storm sewer installation projects be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation. 5.14 That as recommended by the Acting City Manager, the proposal of Hydro -Com Technologies for engineering services (design and inspection services) for sanitary sewer inflow /infiltration reduction program phase VI be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation. 5.15 That the request by School District 8 to install a playground on City property adjacent to Centennial School be referred to the Acting City Manager. 5.16 That as recommended by the Acting City Manager, the submitted report entitled Soccer Field for Carleton Community Centre and Market Place be received for information and that staff provide updates at the appropriate time. 5.17 That as recommended by the Acting City Manager in the submitted report entitled Princess Street Curbing: 1) The work on Princess St. proceed as tendered (avoiding $300,000 +/- overrun and related project delays); 2) The policy of the type of curbing to be used in the Trinity Royal district be revisited and revised as needed through consultation with a committee comprised of a representative from each of Municipal Operations, Uptown Saint John, the Heritage Review Board, and the Planning Department;and 3) Upon conclusion of the evaluation a formal policy recommendation be made to Common Council; and 4) All future work be done at the approved standard in the area and budgeted accordingly. On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. 5.1 Que la demande soumise par Abel Leblanc visant a se presenter devant le conseil en seance publique au sujet du centre communautaire Carleton et de Westside Pact, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.2 Que la demande soumise par le conseil des jeunes de ONE Change visant a se presenter devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.3 Que la demande soumise par Partenaires du programme d'integration au milieu de travail visant a se presenter devant le conseil, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.4 Que la demande soumise par M. Cavanagh visant a se presenter devant le comite plenier, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.5 Que, comme le recommande le directeur general par interim : 1) Le conseil communal fasse une offre en nature plus genereuse, a savoir, en off rant le loyer ainsi que les frais de chauffage et d'eclairage a la banque d'alimentation West Side dans le cadre du programme du centre de mieux -titre de Westside. 2) le conseil communal fasse une off re plus genereuse a la banque d'alimentation West Side, a savoir qu'il lui paye les frais de consommation d'energie; 3) I'avocat municipal soit charge de rediger toute documentation exigee pour conclure ce partenariat avec la banque d'alimentation West Side; 4) le maire et la greffiere communale soient autorises a signer cette documentation. 5.6 Que le conseil communal approuve le permis d'occupation presente, et ce, dans le but d'octroyer un droit de passage entre The City of Saint John et 511978 NB Inc. pour la periode allant du 1 er juillet 2009 au 30 juin 2014, et que le maire et la greffiere communale soient autorises a signer ledit permis. 5.7 Que, comme le recommande le directeur general par interim 1) Le conseil communal accorde une licence a Hargo Jet Boat Tours Inc. /Excursions Nautiques Hargo Inc. pour la periode allant du 1er mai 2009 au 30 avril 2010, sous reserve des modalites prevues; 2) que le maire et la greffiere communale soient autorises a signer ladite licence. 5.8 Que le conseil communal fixe la date de I'audience publique au lundi 17 aout 2009, a 19 h, dans la salle du conseil, relativement a la demande de rezonage de Played Out Fun Centre Ltd. (212, chemin McAllister), et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.9 Que, comme le recommande le directeur general par interim, le conseil communal autorise le service d'achats et de gestion du materiel a emettre un bon de commande de 192 100 $ a I'ordre de Saint John Energy pour commencer les travaux tels qu'ils sont definis dans le rapport soumis. 5.10 Que, comme le recommande le directeur general par interim, le contrat no 2009 -13 relatif a la mise a niveau de I'equipement electrique, mecanique et architectural de la station de pompage situee rue Park soit accorde au soumissionnaire le moins - disant, Castle Rock Construction Services Inc., au prix offert de 186 718 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.11 Que, comme le recommande le directeur general par interim 1) les projets ci- dessous soient autorises dans le programme d'immobilisations du fonds d'administration pour 2009 : Evaluer la capacite de stockage sur place des eaux pluviales pour les grandes proprietes commerciales; ameliorer les dispositifs anti refoulements et les systemes locaux d'evacuation des eaux pluviales; concevoir les plans en vue de la construction de trois ou plusieurs inctAllAtinnc rnmmi inAi itAirac Him rPtPnl IP rIPC PAI IY nh wiAIPC' proprietes. Et que ces projets soient consolides et remplaces par un projet unique intitule Gestion des eaux pluviales — Egouts secondaires du croissant Brentwood de 1 050 000 $. 2) Que la proposition presentee par CBCL Limited, relativement aux services de gestion de la conception technique et de la construction dans le cadre de la gestion des eaux pluviales des egouts secondaires du croissant Brentwood, soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation requise a cet egard. 5.12 Que, comme le recommande le directeur general par interim, la proposition presentee par Fundy Engineering relativement aux services de gestion de la conception technique et de la construction des projets de refection du mur de soutenement et de stabilisation de la pente de I'avenue Burpee et du chemin Loch Lomond soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.13 Que, comme le recommande le directeur general par interim, la proposition presentee par CBCL Limited relativement aux services de gestion de la conception technique et de la construction des projets d'installation d'egouts pluviaux et d'etude portant sur le bassin- versant de la promenade Honeysuckle et de la rue Bleury soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.14 Que, comme le recommande le directeur general par interim, la proposition presentee par Hydro -Com Technologies Ltd., relative aux services d'ingenierie (conception et services d'inspection) visant la phase VI du programme de reduction du captage et d'infiltration des egouts sanitaires, soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.15 Que la demande emise par le District scolaire 8 visant la construction d'un terrain de jeu sur la propriete de la Ville, a proximite de I'ecole Centennial, soit transmise au directeur general par interim. 5.16 Que, comme le recommande le directeur general par interim, le rapport soumis intitule Terrain de soccer pour le centre communautaire Carleton et pour la place Market, soit accepte a titre informatif et que le personnel fournisse des mises a jour en temps opportun. 5.17 Que, comme le recommande le directeur general par interim dans le rapport soumis intitule Bordures de la rue Princess : 1) Les travaux de la rue Princess soient effectues conformement a la soumission retenue, et ce, afin d'eviter un depassement d'environ 300 000 $ et que Ies projets connexes ne soient retardes. 2) On reexamine et revise, au besoin, la politique visant a etablir le type de bordure devant titre utilisee pour le district Trinity Royal conjointement avec un comite compose d'un representant issu de chacune des entites suivantes : le Service des operations municipales, Uptown Saint John, le Comite de revision des arretes municipaux et le service d'urbanisme. 3) Une fois I'evaluation terminee, que I'on fasse une recommandation off icielle en matiere de politique au conseil communal. 4) A I'avenir, tous Ies travaux effectues respectent Ies normes approuvees en vigueur et que le montant necessaire a Ieur realisation soit prevu au budget. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A Tissue du vote, la proposition est adoptee 6. Members Comments Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8.1 Acting City Manager: Quality Asphalt Pavements — A Commitment to Improving Saint John Streets. Referring to a submitted presentation, the Commissioner of Municipal Operations updated Council with respect to the City's strategy for improving the asphalt in Saint John and made a number of recommendations for Council's consideration. The Deputy Mayor called a 10 minute recess prior to the public hearings beginning. 8. Delegations et presentations 8.1 Directeur general par interim : Asphalte de qualite — engagement d'ameliorer les rues de Saint John Faisant reference a une presentation anterieure, le commissaire aux operations municipales informe le conseil de la strategie visant a ameliorer les rues de Saint John et it formule un certain nombre de recommandations aux fins d'examen par le conseil. Le maire suppleant annonce une suspension de 10 minutes avant la tenue de I'audience publique. 12. Business Matters - Municipal Officers 12.1 City Manager: Provision of Cell Phone, Blackberry, Paging and PC Data Cards On motion of Councillor Farren Seconded by Councillor Higgins RESOLVED that as recommended by the Evaluation Committee, the proposal 2009 - 580501 P submitted by Rogers Wireless Inc., to enter into a three year supply agreement for the provision of cell phones, blackberry phones, pagers and pc data air cards and all associated services, be accepted. Question being taken, the motion was carried with Councillor McGuire voting nay. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Fourniture de telephones cellulaires, de BlackBerry, de teleavertisseurs et de cartes de donnees pour PC Proposition du conseiller Farren Appuyee par le conseiller Higgins RESOLU que, comme le recommande le comite devaluation, la proposition presentee par Rogers Wireless Inc., soit le contrat no 2009- 580501 P, visant a conclure une entente d'approvisionnement de trois ans pour la fourniture de telephones cellulaires, de BlackBerry, de teleavertisseurs et de cartes de donnees pour PC, ainsi que les services connexes, soit acceptee. A I'issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 8.1 Acting City Manager: Quality Asphalt Pavements — A Commitment to Improving Saint John Streets. On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that Common Council: 1. Support the strategy outlined in the submitted report to improve asphalt pavements; 9 Arinnt A Pavamant (.nnrlitinn Inrimy (P(.h of 7n ac tha nniiry renal fnr tha avarana nr for streets as outlined in this report; 4. Expect specific resurfacing projects to be determined on a rational basis tied to improvement of street condition, considering street condition (PCI) and other planned infrastructure renewals in the street right -of -way; 5. Expect specific street reconstruction projects to be selected based on the needs and priorities of the community, with consideration of street condition (PCI), possible redevelopment and planned underground infrastructure renewal; 6. Be prepared to consider reports on the status of pavement condition to be submitted not later than mid - October of each year; and 7. Schedule a full presentation of the submitted report. Question being taken, the motion was carried. 8.1 Directeur general par interim : Asphalte de qualite — engagement d'ameliorer les rues de Saint John Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le conseil communal: 1. Soutienne la strategie decrite dans le rapport soumis afin d'ameliorer les revetements de sol en asphalte; 2. retienne un indice de I'etat du revetement (PCI) de 70, et ce, dans le cadre d'une politique visant a etablir un critere servant a juger I'etat des revetements asphaltiques recouvrant la chaussee; 3. examine les financements necessaires chaque annee pour faire passer l'indice PCI moyen a 70 et envisage d'augmenter les credits du budget de fonctionnement destines a 1'entretien des rues, comme cela est indique dans le present rapport; 4. prevoit la mise en place des projets de resurfagage specifiques en fonction d'un fondement rationnel lie a I'amelioration de I'etat des rues, tout en prenant en consideration l'indice PCI et les autres renouvellements prevus des infrastructures a l'interieur de 1'emprise de la rue; 5. prevoit la selection de projets specifiques de reconstruction des rues en fonction des besoins et des priorites de la communaute, en tenant compte de I'etat des rues, des eventuels reamenagements et du renouvellement prevu des infrastructures souterraines; 6. prevoit envisager de soumettre les rapports portant sur I'etat du revetement au plus tard a la mi- octobre de chaque annee; 7. fixe la date de presentation complete du rapport susmentionne. A Tissue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment with Respect to Accessory Buildings and Structures 9.1(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending the Zoning By -law's provisions with respect to accessory buildings and structures to recognize changing design trends, resulting in a reduction in the number of routine variance applications, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 14, 2009 meeting at which the Committee recommended amending the Zoning By -Law with respect to accessory buildings and structures as described above. The Deputy Mayor called for members of the public to speak against the re- zoning with no one presenting. The Deputy Mayor called for members of the public to speak in favor of the re- zoning with no one presenting. RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending the Zoning By -law's provisions with respect to accessory buildings and structures to recognize changing design trends, resulting in a reduction in the number of routine variance applications, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending the Zoning By -law's provisions with respect to accessory buildings and structures to recognize changing design trends, resulting in a reduction in the number of routine variance applications, 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. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete de zonage pour les batiments et constructions annexes 9.1 b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification des dispositions de I'arrete de zonage en ce qui concerne les batiments et les constructions annexes afin de reconnaitre I'evolution des tendances de conception, ce qui entraine une reduction du nombre de demandes de derogation courantes, et qu'aucune objection n'a ete regue a cet egard. 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 14 juillet 2009, pendant laquelle le Comite a recommande de proceder a la modification de I'arrete de zonage relativement aux batiments et aux constructions annexes. Le maire suppleant invite le public a exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire suppleant invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant les dispositions de I'arrete de zonage en ce qui concerne les batiments et les constructions annexes afin de reconnaitre I'evolution des tendances de conception, ce qui entraine une reduction du nombre de demandes de derogation courantes, fasse I'objet d'une 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 Sullivan Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant les dispositions de I'arrete de 7nnana an rim ni ii rnnrarna lac hatimantc at lac rnnctri irtinnc annaYac afin Him Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -Law Amendment 299 Golden Grove Road 9.2(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1.88 hectares, located at 299 Golden Grove Road, also identified as PID number 55196547, from "RS -2" One and Two Family Suburban Residential to "IL -1" Neighbourhood Institutional, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 14, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 299 Golden Grove Road, as described above, with Section 39 conditions. The Deputy Mayor called for members of the public to speak against the re- zoning with no one presenting. The Deputy Mayor called for members of the public to speak in favor of the re- zoning with Bob Landry of Residential Contractors Ltd. appearing on behalf of the applicant indicating that he was in agreement with the staff report and recommendation. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1.88 hectares, located at 299 Golden Grove Road, also identified as PID number 55196547, from "RS -2" One and Two Family Suburban Residential to "IL -1" Neighbourhood Institutional, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 1.88 hectares, located at 299 Golden Grove Road, also identified as PID number 55196547, from "RS -2" One and Two Family Suburban Residential to "IL -1" Neighbourhood Institutional, 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." 9.2a) Projet de modification de 1'arrete sur le zonage visant le 299, chemin Golden Grove 9.2b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 1,88 hectare situee au 299, chemin Golden Grove et portant le NID 55196547 afin de faire passer la du rapport du personnel du service d'urbanisme, etudie lors de la seance du 14 juillet 2009, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 299, chemin Golden Grove, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire suppleant invite le public a exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire suppleant invite les membres du public a exprimer leur appui quant au rezonage. Bob Landry, de 1'entreprise Residential Contractors Ltd., au nom du demandeur, indique qu'il est d'accord avec le rapport et la recommandation du personnel. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 299, chemin Golden Grove, d'une superficie approximative de 1,88 hectare, inscrite sous le NID 55196547, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de quartier a vocation collective « IL -1 », fasse l'objet d'une premiere lecture. A I'issue 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 Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 299, chemin Golden Grove, d'une superficie approximative de 1,88 hectare, inscrite sous le NID 55196547, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone de quartier a vocation collective « IL -1 », fasse l'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 9.3(a) Proposed Zoning By -Law Amendment 130 Station Street 9.3(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 476 square metres, located at 130 Station Street, also identified as being a portion of PID number 00038620, from 1-1" Light Industrial to "B -2" General Business, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 14, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 130 Station Street as described above. The Deputy Mayor called for members of the public to speak against the re- zoning with no one presenting. The Deputy Mayor called for members of the public to speak in favor of the re- zoning with Mr. Rick Turner of Hughes Surveys & Consultants Inc. appearing on behalf of the RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 476 square metres, located at 130 Station Street, also identified as being a portion of PID number 00038620, from 1-1" Light Industrial to "B -2" General Business, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 476 square metres, located at 130 Station Street, also identified as being a portion of PID number 00038620, from 1-1" Light Industrial to "B -2" General Business, 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." 9.3a) Projet de modification de 1'arrete de zonage relatif au 130, rue Station 9.3b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe « A », plan de zonage de The City of Saint John, en vue du rezonage d'une parcelle de terrain d'une superficie d'environ 476 metres carres situee au 130, rue Station et faisant partie du terrain portant le NID 00038620, afin de faire passer la classification s'y rapportant de zone d'industrie legere « 1 -1 » a zone commerciale generale « B -2 », et qu'aucune objection n'a ete regue a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 14 juillet 2009, a Iaquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 130, rue Station, telle qu'elle est decrite ci- dessus. Le maire suppleant invite le public a exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire suppleant invite les membres du public a exprimer leur appui quant au rezonage. M. Rick Turner, de Hughes Surveys & Consultants Inc., au nom du demandeur, indique qu'il est d'accord avec le rapport et la recommandation du personnel. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », en modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 130, rue Station, d'une superficie d'environ 476 metres carres et faisant partie du terrain portant le NID 00038620, afin de faire passer la classification s'y rapportant de zone d'industrie legere « 1 -1 » a zone commerciale generale « B -2 », fasse l'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The (..itv of gaint Inhn RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », en modifiant I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 130, rue Station, d'une superficie d'environ 476 metres carres et faisant partie du terrain portant le NID 00038620, afin de faire passer la classification s'y rapportant de zone d'industrie Iegere « I -1 » a zone commerciale generale « B -2 », fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 9.4 Applicant Requesting to Withdraw Rezoning Application 389 & 397 Millidge Avenue 9.4(a) Proposed Zoning By -Law Amendment 9.4(b) Planning Advisory Committee Recommending Rezoning Be Denied On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the request by Hughes Surveys & Consultants Inc., on behalf of Dr. Kerry J. Sheppard Professional Corporation, the applicant, to withdraw the proposed zoning bylaw amendment at 389 & 397 Millidge Avenue, be accepted. Question being taken, the motion was carried. 9.4 Demande du requerant de retirer la demande de rezonage — 389 et 397, avenue Millidge 9.4a) Projet de modification de I'arrete sur le zonage 9.4b) Comite consultatif d'urbanisme recommandant le rejet de la demande de rezonage Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que la demande de Hughes Surveys & Consultants Inc., au nom du Dr. Kerry J. Sheppard de I'ordre professionnel, le requerant, de retirer le projet de modification de I'arrete de zonage concernant les 389 et 397, avenue Millidge soit acceptee. A I'issue du vote, la proposition est adoptee. 9.5(a) Proposed Zoning By -Law Amendment 1437 Rothesay Road (formerly 1427 Rothesay Road) 9.5(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 4660 square metres, located at 1437 Rothesay Road, also identified as PID number 55197503, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business, with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 14, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 1437 Rothesay Road as described above, with Section 39 Conditions. The Deputy Mayor called for members of the public to speak against the re- zoning with no one presenting. The Deputy Mayor called for members of the public to speak in favor of the re- zoning With NAr Rick Ti irnar of Hi inhac qi irvavc R (.nnci iltantc Inr Annaarinn nn hahalf of th Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 4660 square metres, located at 1437 Rothesay Road, also identified as PID number 55197503, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 4660 square metres, located at 1437 Rothesay Road, also identified as PID number 55197503, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business, be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.5a) Projet de modification de 1'arrete de zonage visant le 1437, chemin Rothesay (anciennement le 1427, chemin Rothesay) 9.5b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 4 660 metres carres situee au 1437, chemin Rothesay et portant le NID 55197503 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », et qu'aucune objection n'a ete regue a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 14 juillet 2009, pendant Iaquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 1437, chemin Rothesay, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire suppleant invite le public a exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire suppleant invite les membres du public a exprimer leur appui quant au rezonage. M. Rick Turner, de Hughes Surveys & Consultants Inc., au nom du demandeur, indique qu'il est d'accord avec le rapport et les recommandations du Comite consultatif d'urbanisme. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 1437, chemin Rothesay, d'une superficie approximative de 4 660 metres carres, inscrite cni is la Nlfl 551A7rin*i Afin Him fairs naccar IA rIAccifiratinn c'v rannnrtant HP 7nna contre la proposition Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 1437, chemin Rothesay, d'une superficie approximative de 4 660 metres carres, inscrite sous le NID 55197503, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 9.6(a) Proposed Zoning By -Law Amendment 100 Fallsview Avenue 9.6(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land with an area of approximately 9470 square metres, located at 100 Fallsview Avenue, also identified as PID numbers 00378505 and 55053441, from "R -2" One and Two Family Residential to "P" Park, with no 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 July 14, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 100 Fallsview Avenue as described above. The Deputy Mayor called for members of the public to speak against the re- zoning with no one presenting. The Deputy Mayor called for members of the public to speak in favor of the re- zoning with the applicant Terry Stevens stating that he was in agreement with the staff report and recommendation. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land with an area of approximately 9470 square metres, located at 100 Fallsview Avenue, also identified as PID numbers 00378505 and 55053441, from "R -2" One and Two Family Residential to "P" Park, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land with an area of approximately 9470 square metres, located at 100 Fallsview Avenue, also identified as Pin ni imhimm M'17R5ft5 Anri 55n1;*iAd1 from "R -7" r)na Anri TV/r) Famihi Racirlantial to Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John." 9.6a) Projet de modification de I'arrete de zonage visant le 100, avenue Fallsview 9.6b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage des parcelles de terrain d'une superficie d'environ 9 470 metres carres situees au 100, avenue Fallsview et portant Ies NID 00378505 et 55053441 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone de parc « P », et qu'aucune objection n'a ete regue a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 14 juillet 2009, a Iaquelle le Comite a decide de recommander I'approbation de la demande de rezonage d'une parcelle de terrain situee au 100, avenue Fallsview, telle qu'elle est decrite ci- dessus. Le maire suppleant invite le public a exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire suppleant invite le public a se prononcer en faveur du rezonage. Terry Stevens, la requerante, se prononce en faveur de la recommandation et du rapport du personnel. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage de parcelles de terrain situees au 100, avenue Fallsview, d'une superficie approximative de 9 470 metres carres, inscrites sous Ies NID 00378505 et 55053441, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone de parc « P », fasse I'objet d'une 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 Titus Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage de parcelles de terrain situees au 100, avenue Fallsview, d'une superficie approximative de 9 470 metres carres, inscrites sous Ies NID 00378505 et 55053441, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone de parc « P », fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 9.7(a) Proposed Zoning By -Law Amendment 43 Downsview Drive 9.7(b) Planning Advisory Committee Recommending Rezoning Amendments with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel - L 1 _ . _ _I -1- . A A r1 I'1 _ _. . 1._ . _ I- _ _ 1 _ _I - 1 Art P1 _ . - .. _ _ . submitting a copy of Planning Staff's report considered at its June 30, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 43 Downsview Drive as described above with Section 39 conditions. The Deputy Mayor called for members of the public to speak against the re- zoning with Mark Craft, resident on Downsview Drive, stating that he is concerned with increased traffic and draining problems on the street. Paul Seeley of 44 Downsview Drive and Russ Dillon of 21 Acorn Drive both stated that they are against the development due to the potential of increased flooding on the street Andrew Arsenault of 40 Downsview Drive stated that he has concerns with respect to the existing poor road conditions as well as the existing drainage problems on the road. The Deputy Mayor called for members of the public to speak in favor of the re- zoning with Mr. Rick Turner, of Hughes Surveys & Consultants Inc., appearing on behalf of the applicant indicating that he was in agreement with the staff report and recommendation The Commissioner of Planning and Development responded to questions from Council and outlined the recommendation contained in the submitted Planning Department's staff report. On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the proposed zoning by -law amendment to 43 Downsview Drive be denied. Responding to a question from Council, S. Galbraith, Director of Works, explained that this area has had existing storm drainage problems and that the City is in the process of attempting to improve this issue. He stated that the City is responsible to repair any existing issues with the drainage and the developer would be responsible to ensure that the drainage system will work properly for any future development. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that item 9.7(a) Proposed Zoning By- Law Amendment 43 Downsview Drive be tabled until the City of Saint John and the developer address the existing storm drainage problems in this area. Question being taken, the motion was carried with Councillor McGuire voting nay. 9.7a) Projet de modification de I'arrete de zonage visant le 43, promenade Downsview 9.7b) Comite consultatif d'urbanisme recommandant les modifications du rezonage conformement aux conditions imposees par I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 1 430 metres carres situee au 43, promenade Downsview et portant le NID 55118715, afin de faire passer la classification s'y rapportant de zone commerciale locale « B -1 » a zone d'edifices a Iogements multiples de trois etages « RM -1 », et qu'aucune objection n'a ete regue a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 30 juin 2009, pendant Iaquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 43, promenade Downsview, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire suppleant invite le public a se prononcer contre le projet de rezonage. Mark ('.raft racir mnt Him la nrnmanarla nr)XnmcviPXA/ ca Hit nranrri ina nar I'Ai inmantatinn Him la risques accrus d'inondation Andrew Arsenault, resident du 40, promenade Downsview, exprime ses inquietudes quant au mauvais etat des routes et quant aux problemes de drainage actuels sur la promenade Downsview. Le maire suppleant invite les membres du public a exprimer leur appui quant au rezonage. M. Rick Turner, de Hughes Surveys & Consultants Inc., au nom du demandeur, indique qu'il est d'accord avec le rapport et la recommandation du personnel. Le commissaire a I'urbanisme et au developpement repond aux questions posees par le conseil et donne un apergu des recommandations contenues dans le rapport du personnel du service d'urbanisme qui a ete presente. Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le projet de modification de I'arrete de zonage visant le 43, promenade Downsview soit refuse. En reponse a une question posee par le conseil, S. Galbraith, directeur des travaux publics, explique que ce secteur connait presentement des problemes lies a I'ecoulement des eaux pluviales et que la Ville tente actuellement de les resoudre. II precise que la resolution de tout probleme lie au drainage incombe a la Ville, et que le promoteur est responsable de s'assurer du bon fonctionnement du systeme de drainage pour tout amenagement futur. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que le point 9.7a) Projet de modification de I'arrete de zonage visant le 43, promenade Downsview soit reporte jusqu'a ce que The City of Saint John et le promoteur resolvent les problemes actuels lies a I'ecoulement des eaux pluviales dans ce secteur. A I'issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 9.8 Proposed West Saint John Business Improvement Area By -Law — Common Clerk Report and Letters of Opposition 9.8(a) Proposed Saint John West Business Improvement Area By -Law The Common Clerk advised that the necessary advertising was completed with regard to the request of the Board of Directors of the Saint John West Business Association Inc. for the establishment of a Business Improvement Area By -Law with objections being received. The Deputy Mayor called for members of the public to speak against the proposed West Saint John Business Improvement Area By -Law with no one presenting. The Deputy Mayor called for members of the public to speak in favor of the proposed West Saint John Business Improvement Area By -Law with Blaine Harris, Director of Saint John West Business Association, stating that he was in favour of a West Business Improvement Area stating his association has been lobbying for this for over five years. He noted that they have held public meetings and have not received any opposition to the proposal. Responding to a question from Council, the Common Clerk noted that a preliminary examination of the number of objections received from business users and property owners with respect to the proposed business improvement area revealed a 35% objection rate. The Clerk explained that Council could choose to proceed with one of the following three nntinnc- and assessments values are verified. If the final count reveals a one -third objection rate, or the second part of section 2(3) is met of the Business Improvement Area Act, Council would be obligated to deny the establishment of an area. 3. Deny the request based on the written objections and other information received at the public hearing. On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that Council table item 9.8(a) Proposed Saint John West Business Improvement Area By -Law until business listings and assessments are verified. Councillor Sullivan called a point of order with respect to a question being asked by Councillor Farren, to which the Chair ruled that question was appropriate as it was a point of clarification. Responding to Councillor Farren's question, the Common Clerk stated that the property owners of vacant lots were not considered to be business owners. Question being taken, the motion was defeated with Deputy Mayor Chase and Councillors Higgins, McGuire and Titus voting nay. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Council deny the request for a Saint John West Business Improvement Area. Question being taken, the motion was defeated with Councillors Farren, Higgins, Snook and Sullivan voting nay. On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that Council table item 9.8(a) Proposed Saint John West Business Improvement Area By -Law until business listings and assessments are verified. Councillor Titus stated that he does not support the tabling motion as it is his view the original tabling motion, which was prior to the public hearing, was the appropriate motion. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors McGuire and Titus voting nay. 9.8 Projet d'arrete relatif a la zone d'amelioration des affaires de Saint John Ouest — Rapport et lettres d'opposition presentes par la greffiere communale 9.8a) Projet d'arrete relatif a la zone d'amelioration des affaires de Saint John Ouest La greffiere communale indique que les avis requis ont ete publies relativement a la demande du conseil d'administration de Saint John West Business Association Inc. visant a mettre en place un arrete concernant la zone d'amelioration des affaires, et que des objections ont ete regues. Le maire suppleant invite le public a exprimer son opposition quant au projet d'arrete relatif a la zone d'amelioration des affaires de Saint John Ouest, mais personne ne prend la parole. Le maire suppleant invite le public a se prononcer en faveur du projet d'arrete relatif a la zone d'amelioration des affaires de Saint John Ouest. Blaine Harris, directeur de la Saint John West Business Association, se prononce en faveur de la zone d'amelioration des affaires et it souligne que cela fait cinq ans que son association soutient activement rim nrniat I a maira ci innlaant cni ilinna ni is rlac rai ininnc ni ihlini iac not ai i himi I Pt nl IP fonctionnels et par les proprietaires fonciers representent 35 % du taux d'opposition total a I'egard de la proposition d'amenagement commercial. La greffiere explique que le conseil a la possibilite de choisir Tune des trois options suivantes : 1. Reporter le point jusqu'a ce que la verification des repertoires d'adresses et des evaluations commerciales soit faite. 2. Proceder a la premiere et a la deuxieme lecture de I'arrete, mais reporter la troisieme lecture jusqu'a ce que la verification des repertoires d'adresses et des evaluations commerciales soit effectuee. Si le chiffre definitif revele un taux d'opposition egal a un tiers, ou que la deuxieme partie de la section 2(3) de la Loi surles zones d'amelioration des affaires est respectee, alors le conseil devra rejeter la construction d'une zone d'amelioration des affaires. 3. Rejeter la demande compte tenu des objections ecrites et des autres renseignements regus lors de I'audience publique. Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le conseil reporte le point 9.8a) Projet d'arrete relatif a la zone d'amelioration des affaires de Saint John Ouest jusqu'a ce que la verification des repertoires d'adresses et des evaluations commerciales soit faite. Le conseiller Sullivan souleve une objection a propos de la question posee par le conseiller Farren. Le president estime que cette question est legitime puisqu'elle permet d'apporter une precision. En reponse a la question du conseiller Farren, la greffiere communale souligne que les proprietaires de terrains vagues ne sont pas consideres comme des proprietaires d'entreprise. A ('issue du vote, la proposition est rejetee. Le maire suppleant Chase ainsi que les conseillers Higgins, McGuire et Titus votent contre la proposition. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil rejette la demande relative a la zone d'amelioration des affaires de Saint John Ouest. A ('issue du vote, la proposition est rejetee. Les conseillers Farren, Higgins, Snook et Sullivan votent contre la proposition. Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que le conseil reporte le point 9.8a) Projet d'arrete relatif a la zone d'amelioration des affaires de Saint John Ouest jusqu'a ce que la verification des repertoires d'adresses et des evaluations commerciales soit faite. Le conseiller Titus n'appuie pas la proposition deposee, car, d'apres lui, la proposition initiale, qui avait deja ete acceptee avant que I'audience publique n'ait lieu, etait la bonne proposition. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers McGuire et Titus votent contre la proposition. 10. Consideration of By -laws 10.1 Public Presentation — Proposed Municipal Plan Amendment 274 Sydney Street A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A and 2 -C of the Plan, from Open Space to Approved Commercial Development, a parcel of land with an area of nnnrnvimn4chi ')Fr)r) cr1i inrn mc4rcc Inrn4cr4 n4 07A Cvrincv (Z4rcc4 n1cn ir,=n+ificrl nc Dlr) 10.1 Presentation publique relative a la modification proposee du plan municipal visant le 274, rue Sydney Une presentation publique est donnee relativement a la modification du plan d'amenagement municipal afin de faire passer la designation, aux annexes 2 -A et 2 -C du plan d'amenagement, d'une parcelle de terrain situee au 274, rue Sydney, d'une superficie approximative de 2 500 metres carres, inscrite sous le NID 55153423, de zone d'espaces Iibres a zone d'amenagement commercial approuve, afin de permettre I'etablissement de bureaux commerciaux a I'interieur de I'immeuble existant, a la demande de Ocean Capital Investments Moncton Limited. 10.2 Public Presentation — Proposed Municipal Plan Amendment — Waterfront District Policies A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would amend Part Two: Land Use by adding subsection 2.4.13 — Policies Respecting the Waterfront District, and by adding Schedule 2 -D: Waterfront District to incorporate the policies of the Saint John Inner Harbour Land Use Plan into Part Two of the Municipal Development Plan. 10.2 Presentation publique relative au projet de modification du plan municipal visant les politiques du district du secteur riverain Une presentation publique est donnee relativement a la modification du plan d'amenagement municipal visant a modifier la partie deux, usage du terrain, par I'ajout du paragraphe 2.4.13, « politiques sur le district du secteur riverain », et par I'ajout de I'annexe 2 -D, district du secteur riverain, afin de permettre ('inclusion des politiques du Plan d'amenagement du territoire de I'arriere -port de Saint John dans la partie deux du plan d'amenagement municipal. 10.3 Public Presentation —Proposed Municipal Plan Amendment 100 Long Wharf A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A of the Plan, from Transportation to Waterfront District, a parcel of land with an area of approximately 1.2 hectares, located at Long Wharf, also identified as a portion of PID No. 55151351 to permit a mixed use development at Long Wharf as requested by Irving Oil Limited. 10.3 Presentation publique relative au projet de modification du plan municipal visant le 100, quai Long Une presentation publique est donnee relativement a la modification du plan d'amenagement municipal afin de faire passer la designation, a I'annexe 2 -A du plan d'amenagement, d'une parcelle de terrain situee au quai Long, d'une superficie approximative de 1,2 hectare, et etant une partie du NID 55151351, de zone de transport a district du secteur riverain, afin de permettre I'amenagement d'un usage mixte du quai Long, a la demande de Irving Oil Limited. 10.4(a,b) Third Reading Zoning By -Law Amendment — 899 Grandview Avenue with Section 39 Conditions On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -109, A Law to Amend the Zoning By -Law of The City of Saint John" re- zoning a parcel of land located at 899 Grandview Avenue having an area of approximately 680 square metres, also identified as PID Number 00434142 , from "R- 1 B" One Family Residential to "RM -1" Three Storey Multiple Residential, be read. Question being taken, the motion was carried. RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of a parcel of land located at 899 Grandview Avenue, having an area of approximately 680 square metres (7,319.5 square feet), also identified as PID # 00434142, be subject to a condition that the use is limited to a one - family dwelling or a rooming house with a maximum of five persons. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -109, A Law to Amend the Zoning By -Law of The City of Saint John ", re- zoning a parcel of land located at 899 Grandview Avenue having an area of approximately 680 square metres, also identified as PID Number 00434142, from "R -1 B" One Family Residential to "RM -1" Three Storey Multiple Residential, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -109, A Law to Amend the Zoning By -Law of The City of Saint John ". 10.4a), b) Troisieme lecture du projet de modification de I'arrete sur le zonage visant le 899, avenue Grandview conformement aux conditions imposees par I'article 39 Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no C.P. 110 -109 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 680 metres carres, situee au 899, avenue Grandview et inscrite sous le NID 00434142 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1 B » a zone d'edifices a Iogements multiples de trois etages « RM -1 », fasse I'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110 -109 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU qu'en vertu des conditions prevues a I'article 39 de la Loi surl'urbanisme, le projet relatif a ('utilisation d'une parcelle de terrain d'une superficie d'environ 680 metres carres (7 319,5 pieds carres), situee au 899, avenue Grandview et portant le NID 00434142, soit assujetti a la condition que ('usage de ladite parcelle se limite a une habitation unifamiliale ou a une maison de chambres avec un nombre maximal de cinq personnes. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete no C.P. 110 -109 modifiant I'Arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 680 metres carres, situee au 899, avenue Grandview et inscrite sous le NID 00434142 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales « R -1 B » a zone d'edifices a Iogements multiples de trois etages « RM -1 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the by -law entitled, "By -Law Number C.P. 105 -26 A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388, from Medium Density Residential to Approved Commercial Development classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 105 -26 A Law to Amend the Municipal Plan By- Law," was read in its entirety. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 105 -26 A Law to Amend the Municipal Plan By -Law" amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388, from Medium Density Residential to Approved Commercial Development classification, be read a third time, enacted, and the Corporate Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 105 -26 A Law to Amend the Municipal Plan By- Law." On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -108 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID number 00015388, from "RM -IF" Multiple Residential Infill to "B -2" General Business, be read. Question being taken, the motion was carried. The by -law entitled, "By -Law Number C.P. 110 -108 A Law to Amend the Zoning By -Law of The City of Saint John," was read in its entirety. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID Number 00015388, be subject to the following conditions: a. That the non - residential use of the property be restricted to business offices within the existing building, not including medical or dental offices; b. That the developer make arrangements, and provide proof of such arrangements to the satisfaction of the Development Officer prior to the endorsement of the required Change of Use permit, to provide five (5) parking spaces at an off -site location in the vicinity of 99 Hazen Street. c. That any changes to the exterior of the existing building be in accordance with a detailed plan, prepared by the developer and subject to the approval of the development Officer, indicating any signs, exterior lighting and architectural modifications. The approved plans must be attached to any permit application for tha rlavalnnmant Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "By -Law Number C.P. 110 -108 A Law to Amend the Zoning By -Law of The City of Saint John," amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID number 00015388, from "RM -IF" Multiple Residential Infill to "B -2" General Business, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -Law Number C.P. 110 -108 A Law to Amend the Zoning By -Law of The City of Saint John." 10.5a), b), c) Troisieme lecture du projet de modification du plan municipal et des conditions imposees par I'article 39 relativement au terrain situe au 99, rue Hazen Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que I'arrete intitule «Arrete no C.P. 105- 26 modifiant I'arrete relatif au plan municipal », visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie approximative de 360 metres carres et portant le NID 00015388, pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, fasse I'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 105 -26 modifiant I'arrete relatif au plan municipal » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule «Arrete no C.P. 105- 26 modifiant I'arrete relatif au plan municipal », visant a modifier, aux annexes 2 -A et 2 -C du plan d'amenagement futur des terres, la designation d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie approximative de 360 metres carres et portant le NID 00015388, pour la faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuve, fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 105 -26, modifiant I'Arrete portant sur I'adoption d'un plan municipal ». Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que I'arrete intitule «Arrete no C.P. 110- 108 modifiant I'Arrete de zonage de The City of Saint John », en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie d'environ 360 metres carres et portant le NID 00015388, pour faire passer la classification de zone d'edification de logements multiples sur terrain intercalaire « RM -IF » a zone commerciale generale « B -2 », fasse I'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110 -108 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU qu'en vertu des conditions prevues a d'affaires a l'interieur de I'immeuble existant, a 1'exclusion des cabinets medicaux et des cabinets dentaires. b. Que le promoteur prenne toutes les dispositions necessaires afin de fournir cinq (5) places de stationnement sur un emplacement situe a proximite du 99, rue Hazen, et qu'il en fournisse la preuve, a la satisfaction de I'agent d'amenagement, avant que le permis de changement de la designation requis ne soit approuve. c. Que tout changement apporte a 1'exterieur du batiment existant soit conforme a un plan detaille, prepare par le promoteur et sujet a I'approbation de I'agent d'amenagement. Ce plan devra faire mention de tous Ies panneaux, de tous Ies eclairages exterieurs et tous Ies changements architecturaux apportes. Les plans approuves doivent titre joints a toute demande de permis relative au projet d'amenagement. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule «Arrete no C. P. 110- 108 modifiant I'Arrete de zonage de The City of Saint John », en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 99, rue Hazen, d'une superficie d'environ 360 metres carres et portant le NID 00015388, pour faire passer la classification de zone d'edification de Iogements multiples sur terrain intercalaire « RM -IF » a zone commerciale generale « B -2 », fasse l'objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C.P. 110 -108 modifiant I'Arrete de zonage de The City of Saint John ». 11. Submissions by Council Members 11.1 Development on the Former DVA Site /Lancaster Avenue — West Saint John (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the Acting City Manager and appropriate staff report back to Council by mid - September as to the status of the development on the Former DVA Site /Lancaster Avenue. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Amenagement sur un ancien emplacement du ministere des Anciens Combattants /avenue Lancaster — Saint John Ouest (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le directeur general par interim et le personnel competent informent le conseil d'ici a la mi- septembre de l'etat d'avancement relativement a I'amenagement sur un ancien emplacement du ministere des Anciens Combattants /avenue Lancaster. A Tissue du vote, la proposition est adoptee. 11.2 Recent Actions on Derelict Buildings By -Law File (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submitted report from Councillor McGuire entitled Recent Actions on Derelict Buildings By -Law File, be abandonnes (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le rapport soumis par le conseiller McGuire intitule Mesures recemment prises concernant les batiments vacants et abandonnes soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee: Hillcrest Heights North Subdivision On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that Common Council assent to one or more subdivision plans for the submitted Hillcrest Heights North Subdivision, to the proposed public street and to any required municipal services and public utility easements for the remaining lots (Lots 1 -N to 5 -N, inclusive, and Lots 13 -N, 14 -N, and 17 -N); and further Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements in order to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Question being taken, the motion was carried with Councillor Higgins voting nay. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Lotissement Hillcrest Heights North Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que le conseil communal approuve le ou les plans de lotissement afferents au lotissement Hillcrest Heights North qui a ete presente, la devolution de la rue publique proposee et toute servitude de services municipaux ou d'entreprise de service public exigee pour les autres lots (a savoir les lots 1 -N a 5 -N inclusivement et les lots 13 -N, 14 -N et 17 -N); le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris l'elaboration de plans de situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef. A ('issue du vote, la proposition est adoptee. Le conseiller Higgins vote contre la proposition. 13.2 Planning Advisory Committee: Thornbrough Developments Ltd. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that: 1. Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo- reduced Thornbrough Developments Ltd. Subdivision tentative plan, which illustrates new public cul -de -sac streets and an extension of Parkwood Avenue, and to any required municipal services and public utility easements. 2. Common Council assent to the proposed Land for Public Purposes dedication of approximately 5846 square metres (62,928 square feet) in the vicinity of Parkwood Avenue (extension), which would also provide a credit of 283 square metres (3,046 cni iara faatl trMA /Arric fi iti ira ci ihrlivicinn riavalnnmant in tha araa nn tha rnnrlitinn that facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. 4. That Common Council authorize cost - sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. Question being taken, the motion was carried. 13.2 Comite consultatif d'urbanisme : Thornbrough Developments Ltd. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que: 1. Le conseil communal approuve le ou les plans de lotissement en une ou plusieurs phases conformement, de maniere generale, au plan de lotissement provisoire presente avec photo reduite pour le lotissement Thornbrough Developments Ltd. qui illustre des nouvelles voies publiques sans issue, un prolongement de I'avenue Parkwood, ainsi que toute servitude de services municipaux ou d'entreprise de service public exigee. 2. Le conseil communal approuve I'affectation d'un terrain utilise a des fins publiques, d'environ 5 846 metres carres (62 928 pieds carres) a proximite de I'avenue Parkwood (prolongement) qui prevoit egalement un credit de 283 metres carres (3 046 pieds carres) pour I'amenagement futur du lotissement dans le secteur, a condition que le plan de lotissement soit modifie pour permettre a I'integralite du terrain d'utilite publique de donner sur la rue publique proposee. 3. Le conseil communal autorise la redaction et la signature de contrats de lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris l'elaboration de plans de situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef ou de son remplagant. 4. Que le conseil communal autorise le partage des couts s'elevant au -dela des Iimites prevues en vertu du projet de lotissement conformement a I'article 26 de I'arrete concernant le lotissement. A Tissue du vote, la proposition est adoptee. 13.3 Committee of the Whole Report - Appointments to Committees Councillor Farren withdrew from the meeting. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the Committee of the Whole, Council makes the following appointments to committees: Saint John Port Authority: to appoint Edward McLean for a three year term from July 6, 2009 to July 6, 2012. Saint John Airport: to re- appoint Wayne Power for a three year term from July 6, 2009 to July 6, 2012. Saint John Free Public Library: to re- appoint Bridget McGale and appoint Michael Richard for three year terms each from July 6, 2009 to July 6, 2012. Taxicab Advisory Committee: to re- appoint Donald LeBlanc, Gary Williston, Mac Tobias and Christine Saumure for two year terms each from July 6, 2009 to July 6, 2011. Revenue Generating Committee: to appoint Councillors Killen, McGuire, and Sullivan as members and the Mayor and Greg Yeomans as ex- officio until the end of the current Council term. Saint John 225 Committee: to appoint the Mayor and Councillor Killen to support the working committee established for Saint John's 225 year celebration. Le conseiller Farren quitte la reunion Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le comite plenier, le conseil approuve les nominations suivantes : Administration portuaire de Saint John : Que Edward McLean soit nomme pour un mandat de trois ans allant du 6 juillet 2009 au 6 juillet 2012. Aeroport de Saint John : Que Wayne Power soit nomme de nouveau pour un mandat de trois ans allant du 6 juillet 2009 au 6 juillet 2012. Bibliotheque publique de Saint John : Que Bridget McGale soit nommee de nouveau et que Michael Richard soit nomme pour un mandat de trois ans allant du 6 juillet 2009 au 6 juillet 2012. Comite consultatif sur les taxis : Que Donald LeBlanc, Gary Williston, Mac Tobias et Christine Saumure soient nommes de nouveau pour des mandats de trois ans chacun allant du 6 juillet 2009 au 6 juillet 2011. Comite pour la production de recettes : Que les conseillers Killen, McGuire et Sullivan soient nommes membres, que le maire soit nomme et que Greg Yeomans soit nomme en tant que membre d'office jusqu'a la fin de leur mandat au sein du conseil. Comite de Saint John 225 : Que le maire et le conseiller Killen soient nommes pour soutenir le comite de travail qui a ete mis en place a ('occasion des celebrations pour le 225e anniversaire de la Ville de Saint John. A Tissue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15.1 MacLean Letter Requesting Pedway be Renamed to Stompin' Tom Way On motion of Councillor Titus Seconded by Councillor Snook RESOLVED that the letter from Jason MacLean dated July 16, 2009 requesting that the Pedway be renamed to Stompin' Tom Way, be received for information. Question being taken, the motion was carried. 15. Correspondance generale 15.1 Lettre de demande de MacLean visant a changer le nom du reseau pietonnier a sentier « Stompin' Tom » Proposition du conseiller Titus Appuyee par le conseiller Snook RESOLU que la lettre de Jason MacLean datee du 16 juillet 2009 voulant que le nom du reseau pietonnier soit remplace par sentier Stompin' Tom » soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 16. Adjournment 16. Levee de la seance Le maire suppleant declare que la seance est levee a 21 h 15. Deputy Mayor/ le maire suppleant Common Clerk /greffiere communale Head Office: P.O. Box 1200, Saint John, NB E2L 4G7 Phoney (506) 632 -4100 Fax: (506) 649 -9314 City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Attention: Mayor and Council August 12, 2009 I am a member of a committee tasked with fund - raising and implementation of a school improvement project with the objective of creating a new Early Learning Centre at the St, John the Baptist -King Edward School. To assist in explaining what the Early Learning Centre is all about I have attached a fact sheet for your review. Kent Building Supplies is a major sponsor of this project — this is to explain the Kent letter -head. We are a not- for - profit group of community- minded people working hard to make this project a reality. We have solicited donations of cash, building materials, skilled labour, and in -kind services. We recently awarded a construction contract to a General Contractor who will be tasked with implementing the renovation work. I am writing to request your support and assistance on behalf of the City of Saint John toward providing a grant equivalent to the amount of the building fees. The building permit fee assessment amounts to $380.00. The General Contractor engaged to perform this contract is Avant -Garde Construction & Management Inc. Avant -Garde took out the permit and paid the fee on August 12 — attached for your reference you will find a copy of both the Building Permit and the receipt. Should there be a need for additional information please do not hesitate to contact me at 648 -3611. Thank you in advance for your attention and consideration to this request. Yours truly, Rick Davis New Brunswick- Nova Scotia - Negoundland - Prince Edward Island Visit us online at www.kentca *We're Your Atlantic Canadian Team! (10a ry .1 Supporting our Children. Building our Future I 11, P11 • The first Early Learning Centre (ELC) will open its doors at St. John the Baptist -King Edward School (SJB -KES) in the fall of 2009. • It is one of four demonstration sites being piloted over the next three years by the provincial government. • The establishment of integrated early childhood development centres is part of the provincial government's commitment to improve supports for families and young children within local communities as part of Be Ready for Success. A 10 year early childhood strategy for New.Brunswick • The Saint John Early Childhood Development Coalition wants this demonstration project to lead a new trend of quality and comprehensive early childhood development programs that serve families in their neighbourhoods. • The ELC will enable parents and their children 0 - 5 years of age to access childcare services, early learning programs and other resources that support their health and development. • The Department of Social Development will invest $100,000 each year, over the next three years in the Saint John ELC. • Contributions from the community are being sought to help pay for modest renovations to the school and to equip the ELC. The ELC will serve the families in the neighbourhoods and provide a quality education program for children 0 to 5 years that families can access full time or part-time 12 months of the year. Free of charge, parents are welcome to participate in their child's program at any time. • The ELC will provide additional services and programs to help achieve optimal family health, quality living and economic self- sufficiency such as family counseling, primary and specialized health services; toy and book lending library; wellness programs; adult education and employment training; family recreational activities. 37 • St. John the Baptist -King Edward School (SJB -KES), the site of the ELC, is also a `Partners Assisting Local Schools' (PALS) community school. The school has been identified as the community school best suited based on readiness of the school staff, availability of space for the ELC program and the location were key factors in this decision. • The school is located in the South End of Saint John which encompasses two vulnerable neighbourhoods — the Village and the Lower South End. According to the 2006 Census, there are 270 children, age 0 -4, residing in the area. • The South End neighbourhood houses more than 1,200 families, a third of which are headed by a single parent woman. Most dwellings are rented — 80 per cent - and the incidence of low income for children is 60 per cent. • More than one in four children lives in poverty in Saint John. Single parent families (women and children) form the majority who live in poverty in our city. Many of these families are concentrated in five vulnerable neighbourhoods. • Too many young women who live in poverty choose motherhood early in life and often drop out of high school. • A mother's level of education is a major determinant of how well her child will do in school. • A child who grows up in poverty is more likely to live in poverty as an adult. • A community that helps children and their parents succeed in school and connect to the workforce will break the poverty cycle and substantially reduce poverty in our community. • Everyone benefits from reducing poverty in a community. Buildings & Technical Services 1 Services d'inspection et des batiments P. O. Box / C.P. 1971 toinq Saint John, NB/N.-B. EZL 4Ll Ctly of saint John { DATE: ` (506) 658 -2911 RECEIVED FROM 1 REQU DE. I , SERVICE: 1 xL3 CITY OF aMINT J" PO Box 1971 CITY HALL. BLDG SAINT JOHN, NB M4L1 506 -658 42411 Merchant ID: 0400098916 Visa MID: 1751080080,4 Term ID: 180 Ref N: 021 Sale vim Entry Method: ICC 08i12�09 13:41 :91 IS I: ONE 4pr Code. M2390 *vd Batchl: Tatar 3 3$8,09 By entering a verifled PIN. oardholder agrees to pav issuer such total in accordance with issuer's agreement With cardholder Application Label: VISA AID: AWN68031010 TVA: 00 ee Be 80 00 -TSI: F8 00 Customer Copy 79H THIS RECEIPT IS NOT CE REQU NE PEUT TOTAL: I0 ` INTENDED TO SERVE AS SERVIR' DE PERMIS. LE — A PERMIT, BUT AS A CHANTIER DOLT ETRE RECEIPT ONLY. A MUNI D'UN PERMIS FORM 1 FORMULAIRE : - PROPER PERMIT MUST APPROPRI� AVANT QUE BE ON SITE BEFORE CONSTRUCTION IS LES TRAVAUx DE CONSTRUCTION NE RECEIVED BY 1 REQU PAR STARTED. PUISSENT DEBUTER. HST # R 122 681 158 CITY OF aMINT J" PO Box 1971 CITY HALL. BLDG SAINT JOHN, NB M4L1 506 -658 42411 Merchant ID: 0400098916 Visa MID: 1751080080,4 Term ID: 180 Ref N: 021 Sale vim Entry Method: ICC 08i12�09 13:41 :91 IS I: ONE 4pr Code. M2390 *vd Batchl: Tatar 3 3$8,09 By entering a verifled PIN. oardholder agrees to pav issuer such total in accordance with issuer's agreement With cardholder Application Label: VISA AID: AWN68031010 TVA: 00 ee Be 80 00 -TSI: F8 00 Customer Copy 79H PERMIT APPLICATION Building & Technical Services Department City of Saint John To the Building Inspector, Saint John, NB I, the undersigned, hereby apply for a permit for the following work described on plans herewith submitted. l agree to comply with the plans, specifications and further agree to comply with all relevant City By -laws. APPLICATION # . PLAN # APPLICATION BY Cj �-9 741 e 6f-App1icdnV Print Namek estimate Stats Canada NBC Ilse Code one Notify Flood Risk Area Other Agencies YES N Comments Department of He CONNECTION FEE PAID - $50.00 Fire Marshall of Environment Fire Prevention r L� —Department Plumbing Required I Structural Review V..: .WCom p Signature nature Date � . Fee Amount oashler cash Development Officer Adjust Amount Chq' Engineering Deposit Amount Inte Plans Examiner ADJUSTMENTS Vls " Heritage Planner Approved Est. M.C. Building Inspector Approved Fee Amex NOTES 12 COMMENTS 2 sets Application Access WATER & SEWERAGE YES I NO CULVERT REQUIRED YES I NO CONNECTION FEE PAID - $50.00 40 August 7, 2009 His Worship Ivan Court, Mayor Members of the Saint John City Council City Hall 15 Market Square P. O. Box 1971 Saint John, NB E21- 41-1 Dear Mayor Court: 2071992-4205 fax 207/945-4445i CITY COUNCIL Gerq� G. M. Palmer CouncilChaar Patricia A, Blanchette Richard B. Bronson Peter R. D'Errico Geoffrey M. Gratwick Susan M. Hawes David S. Ne,alley Richard 1. Stone Harold A, Wheeler One of my goals for this year is to continue and to expand the Sister City relationship which was originally established in 1988 under the guidance of Her Worship Elsie Wayne and Mayor N. Laurence Willey. I would like to extend an invitation to you and members of your Council, staff and community to visit Bangor on October 29 and 30, 2009 to review and promote the mutual benefits of advancing the 'Energy Corridor Concept' as well as to reconnect with our Sister City, If this proposal meets with your approval, I would suggest that the appropriate members of our staffs begin the process of organizing such an event. I look forward to hearing from you at your convenience, and I hope to have the opportunity to share with you some of the best of our community during your visit to Bangor, Cc: Members of the City Council Edward A. Barrett, City Manager Rod McKay, Director of Community and Economic Development Jane Robbins-Teel, Administrative Assistant 41 221 Germain St., Saint John. N.B. E2L 2G5 gwalds & .g q C,,,bng n t, - 642-6424 August 7"., 2009 The Mayor and Council City of Saint John 15 Market Square P. 0. Box 1971 Saint John, NB E2L 4L Your Worship and Council, I write on behalf of the Greater Saint John Seniors'Advisory Committee, an advocacy group whose mandate is the furthering of the interests of the over 55 population in our region and the dissemination of pertinent information. Councillor Snook sits on our Board. October I" is designated by the General Assembly of the United Nations as International Day of Older Persons. This year it is our intention to acknowledge and celebrate this special day in recognition of the contributions, accomplishments and achievements of our older population by way of a reception. We propose to serve cake and hear greetings from municipal, Provincial and Federal elected officials. We intend to provide live musical entertainment. The venue is tentatively planned to be the Atrium at Market Square in Saint John. We will be inviting you when we have finalized our plans. In the interim, please consider this note a request for funding. We intend to keep our expenses to a minimum by the use of volunteers and we are seeking corporate gifts but are respectfully requesting a fairly nominal cash donation from each of our five communities to defray cash outlay. Our budget is not yet set but we have hope that you will be able to make a $50,00 (fifty dollar) donation without a detailed line by line budget. Thank you for considering our request, Christopher Waldschutz Secretary, The Greater Saint John Seniors'Advisory Committee 42 Eric L. Teed ', o.c., C. D., Q.C. B.ScB.A, B.C.L, Kt.d Donnebrog, Q.0 1019 Seawood Lane Saint John, New Brunswick, E2M 3G8 Tel: (506) 672-6856 Fax: (506) 634-7423 Nonprofessional Office 55 Canterbury Street No.11, Saint John, NB, Tel: (506) 632-0096 E-mail: teedle@ nb.sympatico.ca August 4th, 2009 Common Council City of Saint John 15Market Square Saint John, NB E2L 1E8 Your Worship and Councillors, It was with interest, I learned that Cities in New Brunswick have developed a program to chose a Senior Citizen of the year and make an appropriate recognition. It is suggested that as Canada's First City, Saint John could adopt the same concept. As age apparently is a factor possibly the City could select the oldest active citizen who has not otherwise been honored each year. It would be a positive recognition and a recognition that Senior Citizens play important functions in the operations of the City of Saint John in modem circumstances. I enclose copies of two examples of Municipalities making award of Senior Citizen of the Year. 43 TIM JAQUESITRIBUNE Nominated by Norma Jean Doucet, Monica Bourque was chosen Belledune's Senior Citizen of the Year. Bourque has been involved with the Jacquet River CWL for over 50 years, She has also been involved with the Lioness Club and Dusty Sneakers, and has prepared a food box for a needy family each Christmas for many years. From left, Doucet, Bourque, mayor Nick Duivenvoorden and Claire Archibald. Belledune e fzes citizens during festival _ T1]%1 JAQUES THE TRIBUNE __ — ----- ----- ----- --- BELLEDUNE - Belledune Days offi- cially opened on a warm, sunny Sun- day at the kiosk park next to the fire station in the Jacquet River section of the village. There was face-painting and colouring for the children, as well as various fundraising through the sale of ecologically friendly water bottles, draws to support the salmon barrier, and of course hot dogs. Don Bernard did magic tricks. Several citizens were honoured. Monica Bourque was named senior citizen of the year, Chelsey Dempsey was the Youth Achievement Award winner, and junior Firefighter for the duration of Belledune Days is Colby FuTlotte. Colby wore a dress uniform jacket that was made in 1983 or 1984 when Penny Hickey held a similar position for the former Jacquet River Fire Deparment. She had saved the jacket all these years and allowed it to be used for the revival of the event. Kl--,--,- BILL CLARKE THE TRIBUNE DALHOUSIE A lifetime of devotion to others was rewarded Sunday eve- ning when Sister Jeannine LeCierc was _..- -A �;+k,- v.-nr for 9009,The the Filles de Jesus, and served in Dalhou- sie. "Her unofficial job was taxi driver, as she was the only sister to have a driver's licence;'Walsb said. In particular, LeClerc was recognized for her devotion to the wellbeing of less K M & C — 2009 Date: August 17 2009 His Worship Mayor Ivan Court And Members of Common Council: N, , SUBJECT: PURCHASE APPROVAL FOR PARKS AND CITY LANDSCAPE BACKGROUND: The Parks and City Landscape Service (Parks Division of Leisure Services) is a public service that provides citizens and visitors to the community access to parks and open greenspaces for their recreational and leisure needs. Service delivery is achieved through the development, operation and maintenance of all community parks, squares, beaches, trails, tourist sites, City and school owned playgrounds, and City right of ways; the preservation and protection of our natural areas; and urban forestry operations and initiatives. One of the outputs of this service is the planting of approximately 75,000 annuals per year. ANALYSIS: Traditionally the month of July is a very busy month for Leisure Services in the purchasing and planting of trees, shrubs, and flowers for the beautification of the City of Saint John. The totals for previous July orders are as follows: $23,036.55 for 2008 $23,029.40 for 2007 $20,827.65 for 2006 This year we requisitioned for planting materials (Jan 2009) and a Purchase Order (No.35376) was generated for $13,189.83 to Country Harvest. Due to increased King's Square planting, replacement planting due to poor weather, improved quality /content at the four squares at the corner of King & Germain Streets requested by Uptown Saint John, we underestimated our needs by an additional $15,349.11 for a total of $28,438.91 including tax. This service will be more accurately requested next season. As per the Purchasing Policy of the City of Saint John, all purchases exceeding $25,000 are subject to council approval. FINANCIAL: The additional $15,349.11 is currently in the Leisure Services operating budget. 45 RECOMMENDATION: It is recommended that: Council approves the purchase of planting materials from Country Harvest for $28,438.91, and gives Materials and Fleet Management authority to increase PO No.35376. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Patrick Woods Acting City Manager 46 M & C — 2009 - 231 August 10, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: ch; The City of Saint John SUBJECT: Printing Service Agreement with Saint John Energy for the Production of Saint John Water Billings, Employee Payroll Advices and Employee T4's BACKGROUND Since July 2003, the City of Saint John has utilized the printing services of Saint John Energy for the mailing and production of Saint John Water customer billings and our employee annual T4's, as well as the printing of employee weekly pay advices. ANAI WRIA In 2003, the City of Saint John received notification from Canada Post that they were no longer interested in continuing as our service provider given the City's volume did not meet their minimum standard of 200,000 pieces. Staff initiated a search for an alternative service provider and after investigating the availability and costs of other potential service providers, it was determined that Saint John Energy's quote was most economical. This resulting partnership between Saint John Energy and the City of Saint John has resulted in a revamped bilingual water bill (at no cost) and an approximate annual savings of $11,000 over what was being charged by Canada Post. Since 2003, the City has been highly satisfied with the services received under this partnership. 47 Report to Common Council August 10, 2009 Page 2 The purpose of the attached agreement is to formally renew the terms between the parties for the ongoing delivery of these printing and mailing services. INPUT FROM OTHER SOURCES The preliminary draft of the attached agreement was reviewed by the City Solicitor and all issues raised have been addressed in this final draft. FINANCIALL IMPLICATIONS The proposed Service Fees over 4 years are as follows: Service Description Expired Year 1 Year 2 Year 3 Year 4 Contract Canada Post — high density presort Incentive Lettermail TM— rate 0.440 0.480 0.480 0.480 0.480 Water and per unit (subject to change Sewerage without notice) Invoices Service Fee Per Unit 0.272 0.272 0.273 0.275 0.283 Setup Fee (if current format 1,035.00 960.00 960.00 960.00 960.00 significantly altered) Service Fee Per Unit 0.205 0.205 0.207 0.209 0.216 Pad Advices Setup Fee (if current format 1,035.00 960.00 960.00 960.00 960.00 significantly altered) Canada Post — Lettermail 1 ` — rate per unit (subject to change 0.490 0.520 0.520 0.520 0.520 without notice) T4's and Service Fee Per Unit 0.205 0.205 0,207 0.209 0.216 T4A's Setup Fee (if current format 1,035.00 960.00 960.00 960.00 960.00 significantly altered) Extra Price dependant on customer's specific requirements. Will quote on request. Inserts The cumulative financial impact of Saint John Energy's proposed 4 year renewal over the previous expired contract excluding postage costs is estimated to be an increase of approximately $3,500 over 4 years. 48 Report to Common Council August 10, 2009 Page 3 In addition, several requests for quotes were issued by the Purchasing Department to Printing Organizations that resulted in no interested parties submitting bids. RECOMMENDATION: It is recommended that Common Council approve the Printing Service Agreement with Saint John Energy; and that the Mayor and Common Clerk be authorized to sign this agreement for the continuation of printing and mailing services of Saint John Water billings and employee T4s, as well as the printing of weekly employee pay advices. Respectfully submitted, —?4vGregory J. Zmans, CGA, MBA Commissioner of Finance 49 THIS PRINTING SERVICE AGREEMENT made in triplicate this day of August, 2009. i Q: a INTA: 4: 1011 THE POWER COMMISSION OF THE CITY OF SAINT JOHN, a Commission established by resolution of Common Council of the City of Saint John in 1922, pursuant to the terms of the New Brunswick Electric Power Act 1920, 10 George V c. 53, hereinafter called the "Saint John Energy", xwklu�� - and - THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and' amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City", Lei a I Ma 1:4&11 ZKO] Z I 6j:r-11 1141 WHEREAS, Saint John Energy in the course of its activities as provided for in The New Brunswick Electric Power Act, 1920 (10 Geo. V c.53 as amended), the "Power Act", has acquired a printing facility in order to produce and process material necessarily incidental to its operation, such as invoice, payroll and other financial documents; and WHEREAS, the capacity of the printing facility referred to in the immediately preceding recital is greater than is presently required by Saint John Energy; and WHEREAS, Saint John Energy and the City have agreed that it would be mutually beneficial to utilize a portion of the excess capacity of the aforesaid printing facility to provide printing and related services to the City; and 50 WHEREAS, Saint John Energy is obliged pursuant to the provisions of the Municipalities Act, R,S.N,B 1973, Chapter M-22, and amendments thereto, to deliver its services on a user-pay basis as is more fully described therein; and WHEREAS, Saint John Energy and the City have further agreed that the printing and related services to be delivered to the City as set out herein shall be provided on a cost recovery basis with "cost" being comprised of the projected material, labour, maintenance, security and depreciation cost to Saint John Energy directly attributable to the provision to the City of the aforesaid services, so that in doing so no financial burden will be borne by the customers of Saint John Energy. WHEREAS, the Common Council on , 2009 resolved: (a) That and (b) That the Mayor and Common Clerk be authorized to sign any required contract documents. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Agreement, the parties agree as follows: §142 1 k, I I I [Q 61 The terms defined in this clause shall for all purposes of this Agreement have the meanings specified unless the context otherwise specifies or requires: 1(1) "Address List" means the list supplied by the City containing the names and addresses to which the City wishes to be delivered; 1(2) "Applicable Law" mean all applicable requirements, laws, statutes, codes, acts, ordinances, orders, decrees, injunctions, by-laws, rules, regulations, official plans, permits, licences, authorizations, directions, and agreements with all authorities that now or at any time hereafter may be applicable to either this Agreement or any part of them; 1(3) "Authorized Users" include the Commissioner of Finance and Corporate Services, Comptroller and Assistant Comptroller(s); 1(4) "Business Day" means a day other than a Saturday, Sunday or statutory holiday in the Province of New Brunswick; 51 1(5) "City" means The City of Saint John; 1(6) "City Address" means 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E2L 4L1, Telephone: 506-658-2951, Fax: 506-6497901; 1(7) "City Confidential Information" means all information of the City that is of a confidential nature, including all confidential information in the custody or control of the City, regardless of whether it is identified as confidential or not, and whether recorded or not, and however fixed, stored, expressed or embodied, which comes into the knowledge, possession or control of Saint John Energy in connection with this Agreement. For the purposes or greater certainty and without limiting the generality of the foregoing, City Confidential Information shall: (a) Include: (i) all new information derived at any time from any such information whether created by the City, Saint John Energy or any third party; (ii) all information (including personal information) that the City is obliged, or has the discretion, not to disclose under provincial or federal legislation; (b) Not include information that: (i) is or becomes generally available to the public without fault or breach on the part of Saint John Energy of any duty of confidentiality owed by Saint John Energy to the City or to any third party; (J) Saint John Energy can demonstrate to have been rightfully obtained by Saint John Energy, without any obligation of confidence, from a third party who had the right to transfer or disclose it to Saint John Energy free of any obligation of confidence; or (iii) Saint John Energy can demonstrate to have been rightfully known to or in the possession of Saint John Energy at the time of disclosure 52 free of any obligation of confidence when disclosed; 1(8) "City Representative" means a representative from the Finance Department of the City of Saint John; 1(9) "Common Council" means the elected municipal council of the City; 1 (10) "Mail" means the postal delivery system operated by Canada Post Corporation; I (11) "Message" means the text and data supplied by the City which may have some variable content but is formatted in an identical manner; 1(12) "Printing Request" means invoice printing (single side) and insertion into delivery envelope along with a return envelope, if required by City. Pay stub printing (single side) and insertion into delivery envelope; 1(13) "Saint John Energy" means The Power Commission of The City of Saint John, located at 325 Simms Street, P. O. Box 850, Saint John, New Brunswick, Telephone: 506-658-5252, Fax. 566 -658- 6868; 1(14) "Saint John Energy's Representative" means a representative from the Finance Department of Saint John Energy; 1(15) "Services" mean those services as set out in this Agreement and any additional services agreed between the parties in writing; 1(16) "Services Fees" mean the applicable costs or rates specified in the fee schedule section of this Agreement to be paid by the City; 1(17) "Term" means the term of this Agreement as set out in Section 3; and 1(18) "Unit" means an individual delivery envelope containing an invoice or pay stub or T4 -T4A. 2. General 2(1) The City hereby agrees to retain Saint John Energy to provide the City with the Services and Saint John Energy hereby agrees to provide the Services to the City, all in accordance with the provisions of this Agreement. 53 3. 4. 4 2(2) All references to the City are deemed to include the City's Authorized Users as agents for the City and any actions taken by such Authorized Users are deemed to be the actions of the City. The Authorized Users have an administrative role and authority for the City of Saint John but cannot act on behalf of Council in altering this Agreement. The City shall require that each Authorized User abide by this Agreement. Term 3(1) The term of this Agreement commenced on July 28ffi , 2009 and shall terminate, unless otherwise terminated in accordance with the provisions thereof, at midnight on July 27 Ih 2013. 3(2) This Agreement may be extended for any additional periods of 4 years upon written notification by the City and acceptance by Saint John Energy prior to July 27, 2013. Any additional periods are subject to review of costs of services, if applicable. Scope of Services 4(1) Saint John Energy shall perform the Services as set out in this Agreement and shall ensure, but not limited to the foregoing, as follows: (a) To provide printing services for all water and sewerage customers of the City; (b) To provide printing services for all pay-stubs and T4's of the employees of the City; and (c) Any other services agreed between the parties. 4(2) Saint John Energy shall perform these Services under the general direction and control of the Authorized Users and with all due and reasonable diligence, professional skills and competence. Fees 5(1) The City shall pay to Saint John Energy the fees in accordance with the following: (a) The applicable postage and Services Fees plus all applicable taxes, net 30 days from the date of the invoice; 54 (b) The Services Fees are as follows: 5(2) The Services Fees to be paid by the City for the Services performed hereunder shall be exclusive of any applicable sales taxes. 5(3) With respect to any invoice submitted by Saint John Energy, the City may, without triggering a default under this Agreement, withhold from any payment otherwise due: (a) any amount incorrectly invoiced, provided that the City Representative or the City timely informs Saint John Energy in writing of the amounts alleged to be incorrectly invoiced and the basis for any such assertion for review, resolution and rebilling purposes, or (b) any amount in dispute. 5(4) Unless the City has notified Saint John Energy in writing within 30 days of any errors in the statement of account or the invoice/transaction records, then they shall be deemed to be complete and correct. 55 Year I Year 2 Year 3 Year 4 Customer Water and Sewerage Invoices Canada Post - high density presort Incentive Lettermai ITM - rate per unit (subject to change without notice) $0.480 $0.480 $0,480 $0,480 Service Fee per unit $0.272 $0.273 $0,275 $0,283 Set-up Fee (if current format signfflcan!t altered) $960.00 $960.00 $960.00 $960.00 Customer Pay Stubs Service Fee per unit $0205 $0.207 $0209 $0.216 Set-up Fee (if current format si niflcang altered2 $960.00 $960.00 $960.00 $960.00 Customer T4 and T4A's Canada Post Lettermai]TM rate per unit (subject to change without notice) $0.520 $0.520 $0.520 $0,520 Set-up Fee (if current format si nihcantl y altered) $96000 $960,00 $960.00 $960.00 Service Fee per unit $0,205 $0,207 $0209 $0.216 Extra Inserts Price dependent on customer's specific requirements. Will quote on re q nest. 5(2) The Services Fees to be paid by the City for the Services performed hereunder shall be exclusive of any applicable sales taxes. 5(3) With respect to any invoice submitted by Saint John Energy, the City may, without triggering a default under this Agreement, withhold from any payment otherwise due: (a) any amount incorrectly invoiced, provided that the City Representative or the City timely informs Saint John Energy in writing of the amounts alleged to be incorrectly invoiced and the basis for any such assertion for review, resolution and rebilling purposes, or (b) any amount in dispute. 5(4) Unless the City has notified Saint John Energy in writing within 30 days of any errors in the statement of account or the invoice/transaction records, then they shall be deemed to be complete and correct. 55 5(5) The City agrees to pay interest on unpaid amounts at the rate of 1- 1/2 percent per month (19,56% per year) calculated from the date of the applicable invoice. 5(6) Saint John Energy is not obliged to extend any credit to the City. 6. Obligations and Responsibilities of Saint John Energy 6(1) Upon the initial creation of a new Message or message format, Saint John Energy, at its own expense, shall: (a) Provide a copy or proof of the printed Message to the City to ensure that the printed Message is satisfactory in all respects; (b) Cause the customer's Message to be printed on stationery, addressed, enveloped and introduced into the Mail delivery system for the City's water and sewerage invoices; (c) Cause the Message to be printed on stationery, addressed, enveloped and delivered to a specified location for the City pay- stubs, in either case in accordance with the Schedule of Production Details attached hereto as Schedule "A"; (d) Will not alter the content, size, weight, packaging, file format or other requirements of the City's Printing Request without prior written notice and acceptance by the City; (e) Unless otherwise agreed, Saint John Energy will supply stationery as outlined in the Schedule "A"; and Will purchase stationery in quantities not less than 100,000 units of each type. If the City requests that Saint John Energy alter the type of stationery from that set out in the Schedule "A", the City shall pay Saint John Energy the cost and take possession of the balance of unused stationery. The City shall pay Saint John Energy for any stationery remaining upon completion or termination of this agreement. 7. Obligations and Responsibilities of the City 7(1) The City, at its own expense, through its Finance Department, shall: (a) Deliver the electronic Message and Address List to a file transfer protocol (FTP) site, as specified by Saint John Energy; 56 (b) Any customer provided custom stationery is to be delivered to Saint John Energy's office at 325 Simms Street, Saint John, New Brunswick; (c) The electronic Message and Address List shall be formatted in accordance with an approved Saint John Energy file specifications as established from time to time, (d) Not to alter the size, weight, packaging, file format or other requirements of their Printing Request without prior written notice and acceptance by Saint John Energy; (e) Ensure that all information and materials required by Saint John Energy to print the Message (including but not limited to the Message, Address List, custom stationery) shall be received by Saint John Energy on the agreed date and time as presented in the Schedule "A" contained in this Agreement or production will be re-scheduled at the next available opportunity-, Achieve, by commencement of this Agreement and maintain thereafter, a 95% address accuracy rate, in accordance with Canada Post's preferred rate address accuracy requirements; (g) Ensure that the monthly "metered" customers and the bi-annual "flat rate" customers are not requested for printing in the same week; and (h) Ensure that all items must comply with the requirements set out in this Agreement and all documents referenced therein, subject to any amendments and that items not complying with these requirements may not be processed under this Agreement. 8. Failure to Perform 8(1) Should Saint John Energy fail for any cause whatever to perform the Services provided for by this Agreement, or fail to perform the Services in a manner satisfactory to the City, then, in either case, all payments by the City to Saint John Energy shall cease as of the date of such failure, and the City may appoint its officials, or any other person or persons in the place instead of Saint John Energy to perform the Services and Saint John Energy shall have no claim against the City except for the Services which has been performed by Saint John Energy under this Agreement up to the time of such failure, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. 57 9. Dismissal and Termination 9(1) In the event that the City is dissatisfied with the Services performance by the Saint John Energy or that Saint John Energy does not comply with the specifications and the terms and conditions of this Agreement, the parties agree that the City may dismiss Saint John Energy at any time, with or without cause, on thirty (30) days' prior written notice. Saint John Energy will accept payment for Services performed to the date of dismissal on a pro-rated basis in accordance with the provisions of this Agreement, in full satisfaction of any and all claims under this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. 9(2) This Agreement may be terminated by the City upon thirty (30) days' written notice to Saint John Energy of the City's intention to terminate the same. 9(3) In the event of termination of this Agreement by the City, the City shall within forty-five (45) Business Days of termination pay Saint John Energy, all services rendered by Saint John Energy up to the date of termination, in accordance with the payment provisions set out in this Agreement, without further liability, penalty or obligation to the City under this Agreement, and subject to any amounts that have already been paid to Saint John Energy. 10. Confidential Information 10(1) During and following the Term, Saint John Energy shall: (a) Keep all City Confidential Information confidential and secure; (b) Limit the disclosure of City Confidential Information to only those employees, directors, partners, officers, agents, representatives, advisors or subcontractors who have a need to know it in order for Saint John Energy to perform the Services hereunder; (c) Not directly or indirectly disclose, destroy, exploit or use any City Confidential Information (except for the purpose of providing the Services, or except if required by order of a court or tribunal having jurisdiction), without first obtaining: (i) The written consent of the City; and (ii) In respect of any City Confidential Information relating to any third party, the written consent of such third party; 58 (d) Provide City Confidential Information to the City on demand, and (e) Return all City Confidential Information to the City on or before the termination or expiry of the Term, with no copy or portion kept by Saint John Energy, Saint John Energy shall ensure that those of its directors, officers, employees, agents, partners, representatives, advisors or subcontractors who have been provided with City Confidential Information will keep all City Confidential Information confidential and secure in accordance with the requirement of this Agreement and that all such City Confidential Information be returned to the City before the termination or expiry of the Term. 10(2) Saint John Energy shall not copy any City Confidential Information, in whole or in part, unless copying is essential for the provision of the Services. 10(3) Saint John Energy acknowledges that breach of any provisions of this Section 10 may cause irreparable harm to the City or to any third party to whom the City owes a duty of confidence, and that the injury to the City or to any third party may be difficult to calculate and inadequately compensable in damages. Saint John Energy agrees that the City is entitled to obtain injunctive relief (without proving any damage or harm sustained by it or by any third party) or any other remedy against any actual or potential breach of the provisions of this Section 10. 10(4) If Saint John Energy or any of its directors, officers, employees, agents, representatives, advisors or subcontractors becomes legally compelled to disclose any City Confidential Information, Saint John Energy will provide the City with prompt notice to that effect in order to allow the City to seek one or more protective orders or other appropriate remedies to prevent or limit such disclosure, and it shall co-operate with the City and its legal counsel to the fullest extent. If such protective orders or other remedies are not obtained, Saint John Energy will disclose only that portion of City Confidential Information which Saint John Energy is legally compelled to disclose, only to such person or persons to whom Saint John Energy is legally compelled to disclose, and Saint John Energy shall provide notice to each such recipient (in co-operation with legal counsel for the City) that such City Confidential Information is confidential and subject to non-disclosure on terms and conditions equal to those contained in this Agreement. 10(5) Saint John Energy will take all reasonable steps to ensure the confidentiality of the City's Confidential Information while in their possession. Specifically, 59 11. 12. Ia' Saint John Energy will ensure that pay stub Messages ar Y presence of an authorized employee, in a restricted area, while being printed, packaged and sealed; D in the access (b) That water and sewerage Messages are in a restricted access area, while being printed, packaged and sealed-, (c) That all completed and packaged Messages will be held, in a restricted access area until delivery by an authorized delivery service, to either the Mail, in the case of water and sewerage Messages, or the designated location at City Hall, in the case of pay stub Messages; and (d) That all electronic files are deleted after completion of the customers Printing Request. 10(6) The provisions of this Section 10 shall survive any termination or expiry of this Agreement. Remedies 11(1) Subject to Sections 16 and 17 hereof, upon default by any party under any terms of this Agreement, and at any time after the default, any party shall have all rights and remedies provided by law and by this Agreement. 11(2) No delay or omission by the parties in exercising any right or remedy shall operate as a waiver of them or of any other right or remedy, and no single or partial exercise of a right or remedy shall preclude any other or further exercise of them or the exercise of any other right or remedy. Furthermore, any parties may remedy any default by the other party in any reasonable manner without waiving the default remedied and without waiving any other prior or subsequent default by the defaulting party. All rights and remedies of any party granted or recognized in this Agreement are cumulative and may be exercised at any time and from time to time independently or in combination. Indemnification 12(1) Subject to clause 12(2) hereof, but notwithstanding any other clauses herein, Saint John Energy shall indemnify and save harmless the City from all damages, costs, claims, demands, actions, suits or other proceedings by whomsoever claimed, made, brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with the performance of this Agreement or anything done or purported to be done in any manner hereunder, but only to the extent that 'of] such damages, costs, claims, demands, actions, suits or other proceedings are attributable to and caused by Saint John Energy's negligence, errors or omissions. 12(2) In no event shall Saint John Energy be obligated to indemnify the City in any manner whatsoever in respect of any damages, costs, claims, demands, actions, suits or other proceedings caused by the negligence of the City, or any person for whom the City is responsible. 12(3) Saint John Energy will not be held liable for any failure of the postal system once the City's Printing Request has been delivered to the Mail. In no event shall Saint John Energy be liable for: (a) Any indirect, special, incidental or consequential damages, even if Saint John Energy has been advised of the possibility thereof. 13. Assignment of Agreement 13(1) This Agreement cannot be assigned by Saint John Energy to any other service provider without the express written approval of the City. 14. Performance 14(1) All parties agree to do everything necessary to ensure that the terms of this Agreement take effect. 16. Non-Performance 15(l) The failure on the part of any parties to exercise or enforce any right conferred upon it under this Agreement shall not be deemed to be a waiver of any such right or operate to bar the exercise or enforcement thereof at any time or times thereafter. 16. Mediation 16(1) All disputes arising out of, or in connection with, this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be mediated upon the willingness of all parties. Despite an agreement to mediate, a party may apply to a court of competent jurisdiction or other competent authority for interim measures of protection at any time. 16(2) The place of mediation shall be the City of Saint John and Province of New Brunswick. A X I Irm 18. Arbitration 17(1) In the event that the parties are unwilling to mediate their dispute and that the dispute between the parties remain unresolved, then either the City or Saint John Energy, upon written notice to the other, may refer the dispute for determination to a Board of Arbitration consisting of three persons, one chosen by and on behalf of the City, one chosen by and on behalf of Saint John Energy and the third chosen by these two. In case of failure of the two arbitrators appointed by the parties hereto to agree upon a third arbitrator, such third arbitrator shall be appointed by a Judge of the Court of Queen's Bench of New Brunswick, 17(2) Any determination made by the Board of Arbitration shall be final and binding upon the parties and the cost of such determination shall be apportioned as the Board of Arbitration may decide. 17(3) No one shall be appointed or act as arbitrator who is in any way interested, financially or otherwise, in the conduct of the work or in the business or other affairs of any parties. 17(4) When the City or Saint John Energy seek such arbitration, the applicant shall deposit a security to the amount of One Thousand Dollars ($1,000.00) with Finance Department of the City who is responsible for this Agreement, and such deposit is to be applied to the cost of the arbitration. 17(5) The place of arbitration shall be the City of Saint John and Province of New Brunswick. 17(6) The provisions of the Arbitration Act, S.N.B. 1992, c. A-10.1, and amendments thereto, shall apply to the arbitration. Force Maieure 18(1) Neither party shall be liable for damages caused by delay or failure to perform its obligations under this Agreement where such delay or failure is caused by an event beyond its reasonable control. The parties agree that an event shall not be considered beyond a party's reasonable control if a reasonable business person applying due diligence in the same or similar circumstances under the same or similar obligations as those contained in this Agreement would have put in place contingency plans to materially mitigate or negate the effects of such event. Without limiting the generality of the foregoing, the parties agree that force majeure events shall include natural disasters and acts of war, insurrection and terrorism but shall not include shortages or delays relating to supplies or services. 62 18(2) If a party seeks to excuse itself from its obligations under this Agreement due to a force majeure event, that party shall immediately notify the other party of the delay or non-performance, the reason for such delay or non-performance and the anticipated period of delay or non- performance. If the anticipated or actual delay or non-performance exceeds fifteen (15) Business Days, the other party may immediately terminate this Agreement by giving notice of termination and such termination shall be in addition to the other rights and remedies of the terminating party under this Agreement, at law or in equity. 19. Time 19(1) This Agreement shall not be enforced or bind any of the parties, until executed by all the parties named in it. 20. Notices 20(1) Notices shall be in writing and shall be delivered by postage- prepaid envelope, personal delivery or facsimile and shall be addressed to, respectively, the City Address to the attention of the Common Clerk and to Saint John Energy Address to the attention of their Representative. Notices shall be deemed to have been given: (a) in the case of postage-prepaid envelope, five (5) Business Days after such notice is mailed; or (b) in the case of personal delivery or facsimile one (1) Business Day after such notice is received by the other party. In the event of a postal disruption, notices must be given by personal delivery or by facsimile. Unless the parties expressly agree in writing to additional methods of notice, notices may only be provided by the methods contemplated in this paragraph. 21. Reference to Prior Agreem,en 21(1) This Agreement supersedes and takes the place of all prior agreements entered into by the parties with respect to the Services as set forth in this Agreement. 22. Amendments 22(1) No change or modification of this Agreement shall be valid unless it is in writing and signed by all parties. 63 23. Acknowledgment of Terms and of Entirety 23(1) It is agreed that this written instrument embodies the entire agreement of the parties with regard to the matters dealt with in it, and that no understandings or agreements, verbal or otherwise, exist between the parties except as expressly set out in this instrument. 24. Further Documents 24(1) The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatever for the better performance of the terms and conditions of this Agreement. 25. Validity and Interpretation 25(1) Paragraph headings are inserted solely for convenience of reference, do not form part of this Agreement, and are not to be used as an aid in the interpretation of this Agreement. 25(2) The failure of the parties to insist upon strict adherence to any term or condition of the Agreement on any occasion shall not be considered a waiver of any right thereafter to insist upon strict adherence to that term or condition or any other term or condition of the Agreement. 25(3) The Schedules to the Agreement form part of and are incorporated into the Agreement as fully and effectively as if they were set forth in the Agreement. 26. Governing Law 26(1) This Agreement shall be governed by and construed in accordance with the laws of the Province of New Brunswick. 27. Successors, Assigns 27(1) This Agreement shall ensure to the benefit of and be binding on the successors and assigns of the City and on the successors and permitted assigns of Saint John Energy. 28. Severabillity 28(1) It is intended that all provisions of this Agreement shall be fully binding and effective between the parties, but in the event that any particular provision or provisions or part of one is found to be void, voidable or unenforceable for any reason whatsoever, then the particular 64 provision or provisions or part of the provision shall be deemed severed from the remainder of this Agreement and all other provisions shall remain in full force. 29. Independent Legal Advice 29(1) The parties acknowledge having obtained their own independent legal advice with respect to the terms of this Agreement prior to its execution. 30. Acknowledgment of Receipt of Copy 30(1) Each parties acknowledges receipt of a true copy of this Agreement. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their proper officers and The Power Commission of The City of Saint John and The City of Saint John, have caused their corporate seals to be affixed as of the day and year first above written, SIGNED, SEALED & DELIVERED In the presence of THE POWER COMMISSION OF THE CITY OF SAINT JOHN Per: i Eric J. Marr, President and CEO Christopher Titus, Chairman of the Corporation THE CITY OF SAINT JOHN � Ivan Court, Mayor 65 Elizabeth A. Gormley, Common Clerk Common Council Resolution. PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 1, ERIC J. MARK, of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. THAT I am the President and CEO of The Power Commission of The City of Saint John, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to. 2. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the corporation. 3. THAT the signature "CHRISTOPHER TITUS" is the signature of Christopher Titus, the Chairman of the Corporation, and the signature of "ERIC J. MARR" subscribed to the foregoing instrument is my signature and in my own proper handwriting. 4. THAT the Chairman and the President are the officers of the Corporation duly authorized to execute the foregoing instrument. 5 THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of August, 2009. SWORN TO before me at Saint John, in the County of Saint John and Province of New Brunswick the day of August, 2009. Commissioner of Oaths, Eric J. Marr, President and CEO 'n '00 Schedule "A" Schedule of Production Details Customer Water and Sewera a ,lrrtwoices Stationery Supplied by Saint Mailing envelope - #10 double windowed, secure. Invoice paper — 20 lb. white, Stub on bottom with micro John Energy: perforation Return envelopes — 6- 112 x 3 -5f8 Single colour logo and bilingual return address Estimated Printing Request volume and timeframe. Metered customers- Approx. 2,800 invoices bi- monthly, around the 5t" of the month (Message printed on front side only.) Flat rate customers — Approx. 13,300 bi- annually (February, August time frame). (Message Printed on front and hack. Production Timeline Message file to be delivered by customer to specified FTP site by 11 :30 a.m. Atlantic Time the day before required mailing. (The bi- annual invoice run may be delivered by the Customer as one file, delivered on Tuesday, or three files delivered Tuesday, Wednesday and Thursday) Saint ,John Energy to return Message file within four hours of receipt, for approval by customer. Customer to review and give authorization to proceed by 4:30 p.m. Atlantic Time the day on which the file is returned to the customer for authorization. Printing Request will be completed and delivered to the Mail by 4:30 p.m. the Business Day following the delivery of the Message file from the customer, or if one multi -day Message file is received from the customer, by 4 :30 p.m, on the third Business Day following receipt of file. 67 Customer Pay Stubs .& T4 — T4A's Stationery Supplied by Saint John Delivery envelope - #10 windowed secure, with Energy: return address and logo. Pay stub paper — 20 lb. white, Estimated Printing Request Approx. 1,150 Pay stubs per week. volume and timeframe. Approx. 700 Pay advises for pensioners per month. File received 3rd or 4 th week of each month. Approx. 2,000 T4s & T4A's per year. File received in the February timeframe. Production Timeline Message files to be delivered by customer utilizing encrypted e-mail by- every Tuesday at 11:30 a.m. Atlantic Time. Saint John Energy to return Printing Request file within four hours of receipt for Approval by Customer. Customer to review and give authorization to proceed by 4:30 p.m. Atlantic Time the day on which the file is returned to the customer for authorization. Printing Request will be completed and delivered to the 12th Floor City Hall Human Resources office, by 4.-30 p.m. the Business Day following the delivery of the Printing Request from the customer. T4 — T4A's will be delivered to the Mail. .. ' C- -7- . .... . . ...... . .. . .. ......... . _VMIMN�� REPORT TO COMMON COUNCIL August 17, 2009 M & C - 2009- 243 His Worship mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: City of Saint John Website City, of Saint john The purpose of this report is to provide an -update to Common Council on steps that are being taken to re-design the City's website and update content on the site. In April/May of this year staff provided the opportunity for the public to comment on the functionality and content of the City's website through a public meeting and an on-line survey. In addition we have consulted with various departments within the City to get their input as to areas where improvements/upgrades are required. As a result of the input received a Request for Proposals (RFP) to engage consulting services for the re-design of the website has been prepared and will be issued this week. The RFP calls for a site design that will allow Common Council and City Administration to interact with the public. The goal of the site is to create a virtual City Hall — designed on the ease of use and viewpoint of our citizens. In terms of specific objectives we are seeking a re-designed site that: - Provides a means for Common Council to communicate with citizens regarding its direction, actions and proceedings. - Is designed around the city's Accountability Framework at the heart of which is a service-based orientation. This will allow for reporting of performance measures and results associated with all City Services. - Supports e-government transactions such as on-line permits, on-line forms and applications, on-line payments and a variety of other transactions. 'M Integrates geographic location information as a means to access a variety of other data on the site. Specifically users should be able to enter a civic address and get location specific information on such things as Ward Councillors, property zoning, garbage 'Collection schedule, nearest bus route, closest community centre, construction/traffic reports for their neighbourhood, playground locations, etc. One of the things that became readily apparent was the lack of clear responsibility for updating content on the site. As a result this responsibility has now been assigned to the Communications Department. The updating of content will be done on a distributed basis with each Department having the ability to update the content relative to their service areas and responsibilities. The Communications department will ensure general corporate information and news items are updated regularly. In addition the Communications area will monitor over-all content to ensure consistency in messaging and look and feel of the site. It is anticipated that a recommendation for awarding the contract for re-design of the site will be made to Council by the end of September with work to commence immediately upon award of the contract. The re-designed site should be operational early in 2010. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, An r w P. Beckett, C.A. Deputy City Manager — Programs & Priorities REPORT TO COMMON COUNCIL M & C — 2009 -235 July 29, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Abrasive Sand BACKGROUND: !_ D.� GR U ry of Saiut puh it The City traditionally calls a tender each year for the establishment of a supply contract for the provision of abrasive sand for use on City streets during the coming winter months. Tenders closed on Wednesday, July 22, 2009. ANALYSIS: Two companies responded to the City's tender call by submitting bids and staff from Municipal Operations and Materials Management have reviewed the tender responses and have found them to be complete in every regard. The bids were as follows: Lafarge Canada Inc. $8.85 per tonne/ delivered Galbraith Constriction Ltd. $10.50 per tonne /delivered As a condition of award, bidders are to provide the location of the pits to be employed to supply the product bid. A copy of the pit's address is submitted to the Building and Technical Services Department for review and compliance with any City Bylaws pertaining to Pits and Quarries. Staff have been advised that the pit submitted by Lafarge Canada Inc., which is located at 945 Latimore Lake Road is in fiill compliance with the bylaw. FINANCIAL IMPLICATIONS: Based on an estimated quantity of 4000 to 6000 tonnes and at the cost quoted, the City will spend approximately $35,400.00 — 53,100.00 to purchase abrasive sand during the 2009/10 winter season. This is a planned expenditure and as such fiends are included in the annual operating budget. FA PAGE TWO RECOMMENDATION: It is recommended that the tender for the supply and delivery of abrasive sand for the 2009/10 winter season be awarded to Lafarge Canada Inc. in the amount of $8.85 per tonne, plus applicable taxes. Respectfully submitted; f David Logan CPPB Purchasing Agent Patrick Woods Deputy City Manager 72 M & C 2009 - 245 August 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: West Salt Storage Facility Paving BACKGROUND It Im Constriction of the storage building at the west salt storage facility is complete. In order to make it fully functional and to begin storing salt and treated sand, a final layer of asphalt seal must be placed over the base course pad that was installed last fall. As well, asphalt aprons at both ends of the building and an access driveway from Bay Street to the building need to be paved. ANALYSIS The existing tendering policy for constriction contracts requires that all constriction contracts valued in excess of $25,000 be advertised by public notice. The tendering process from the time the advertisement is initiated until award of the contract can take approximately six weeks. Notwithstanding the existing tendering policy and given the need to begin stockpiling winter materials at the facility as soon as possible, it is proposed that placement of the asphalt pavement be expedited; that the three local companies that provide asphalt product be asked to submit price quotations (per tonne) for the work through the Purchasing Agent. The results will be brought back to Council with a recommendation to award the work. 73 M & C 2009 -245 August 13, 2009 Page 2 FINANCIAL IMPLICATIONS It is estimated that a total of 840 tonnes of base course and 574 tonnes of asphalt seal is required for the facility at an approximate total cost of $143,000. This is a planned expenditure; fiinding is available in the 2009 facilities capital budget. RECOMMENDATION It is recommended that Council endorse the approach outlined herein for asphalt paving work related to the West Salt Storage Facility. Respectfidly submitted J. M. Paul Groody, P.Eng Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 74 REPORT TO COMMON COUNCIL M & C — 2009 -234 July 29, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Highway Salt BACKGROUND: 05 Tenders closed on Wednesday July 29, 2009 for the establishment of a two year supply contract for the provision of highway salt for use during the winter months. The City has experienced some difficulties obtaining salt over the course of the past 2 winters and as a result staff of Materials Management has worked closely with staff from Municipal Operations in order to attempt in some tangible way to address some of these difficulties through the tendering process. Of significant difficulty here is the fact that there are only 2 possible sources of supply for highway salt in the region and while both of these companies do submit bids, normally only one submits an acceptable bid. Such is the case again this year as illustrated below. Some of the items explored include splitting the City's requirements between "Early Season Delivery" ie before winter, and Winter Season Delivery ". The desired outcome is that the early salt would have a lower per tonne cost than that traditionally purchased during the winter. This has proven to be the case, as illustrated below. By structuring the tender in this fashion, not only will the City save a little on the cost of the product, but we will be able to fill both of our salt sheds, the existing one on McAllister Drive and the newly constricted one on Bay Street well before the winter season. ANALYSIS: Traditionally there are only two bidders that respond to this tender to establish a supply agreement and historically the same bidder, Cargill Deicing Technology wins the tender with a lower overall cost. This Year both companies' submitted bids, however the tender from Canadian Salt Company had to be rejected as it was incomplete. The tender required each bidder to submit prices for early season and winter season, for a two year term. Canadian Salt did not meet this requirement. Staff advises that the bid from Cargill was complete in all regards and although higher than last year's bid was once again considerably lower in cost than the bid that had to be rejected. 75 PAGE TWO ANALYSIS....Cont'd; A summary of Cargill's two year pricing is as follows: FINANCIAL IMPLICATIONS: It is impossible to predict the kind of winter we can expect, therefore it is difficult to estimate the total cost of salt for the season. Staff of Municipal Operations, based on historical data. has estimated that the City will need to purchase approximately 15,000 tonnes of salt for each year of this agreement. It is planned, that in each year of the agreement, that approximately 5000 tonnes will be purchased in late summer to fill the Salt storage facilities at the lower cost. The remaining 10,000 tonnes will be ordered, as needed throughout the winter months. Based on that estimated consumption and using the price submitted by Cargill, it is predicted the City will spend approximately $882,850.00 in year one and $915,850.00 in year two to purchase highway salt. This is a planned expenditure for which fiends are included in the annual operating budget. Fee Cargill Deicing Technology 2008 Pricing Item (per Tonne) Year 1 Year 2 (2009/10) (2010/11) Early Delivery: Salt $ 49.14 / Tonne $ 51.14 / Tonne Trucking $ 9.05 / Tonne $ 9.25 / Tonne Salt: $ 48.86 Total cost per tonne $ 58.19 $ 60.39 Trucking: $ 7.14 Early Delivery Total Cost Winter Delivery: Salt $ 50.14 / Tonne $ 52.14 / Tonne per tonne $ 56.00 Trucking $ 9.05 / Tonne $ 9.25 / Tonne Total cost per tonne $59.19 $ 61.39 Winter Delivery FINANCIAL IMPLICATIONS: It is impossible to predict the kind of winter we can expect, therefore it is difficult to estimate the total cost of salt for the season. Staff of Municipal Operations, based on historical data. has estimated that the City will need to purchase approximately 15,000 tonnes of salt for each year of this agreement. It is planned, that in each year of the agreement, that approximately 5000 tonnes will be purchased in late summer to fill the Salt storage facilities at the lower cost. The remaining 10,000 tonnes will be ordered, as needed throughout the winter months. Based on that estimated consumption and using the price submitted by Cargill, it is predicted the City will spend approximately $882,850.00 in year one and $915,850.00 in year two to purchase highway salt. This is a planned expenditure for which fiends are included in the annual operating budget. Fee PAGE THREE RECOMMENDATION: It is recommended that the tender from Cargill Deicing Technologies, for the establishment of a two year supply agreement for highway salt as per the pricing detailed above, be accepted. Respectfully submitted; David Logan, CPPB Purchasing Agent Patrick Woods Deputy City Manager 77 M & C 2009 - 242 August 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Unidirectional flushing PURPOSE It Im The purpose of this report is to seek Council's approval to engage the services of Aqua Data Atlantic to develop and execute unidirectional flushing sequences in the Cottage Hill Pressure Zone and all areas north east of McAllister Drive. BACKGROUND Since 2005 Saint John Water has contracted with Aqua Data Atlantic to develop and execute a unidirectional flushing program for the City's water distribution system. Unidirectional flushing is a scientific method of planning and carrying out fire hydrant flushing to clean water pipes. The key benefit of this method is an efficient and effective use of water; additionally the information collected exposes problem areas in the system and supports plans for future improvements. Our intention is to fully implement unidirectional flushing in Saint John and each year we move a step closer towards that goal. Aqua Data Atlantic currently performs flushing in all of West Saint John and the Lakewood Heights pressure zone. Unidirectional flushing is the maintenance method of choice for the regular cleaning of water pipes and is fidly endorsed by the New Brunswick Department of the Environment. ANALYSIS Unidirectional flushing utilises specialised software to optimise flow velocities for cleaning distribution piping; yielding quantifiable results. The data collected helps to reveal the condition of the water distribution infrastructure and supports decisions made on other programs such as pipe cleaning and lining. M & C 2009 - 242 August 12, 2009 Page 2 Under this contract Aqua Data Atlantic will provide the following services in the Cottage Hill Zone (C hamplairz Heights, Forest Hills, arid Eastland Subdivisions arid the llcAlhsterindustrial Park) and all portions of the water distribution system north east of McAllister Drive: • Develop a hydraulic model for the zone(s) and design the necessary flushing sequences • Produce field books for executing the flushing sequences • Manpower and equipment to execute the flushing sequences • Finals reports on water quality, flushing times, volumes, and infrastructure. FINANCIAL IMPLICATIONS Aqua Data Atlantic has responded with a quotation of $ 27,550.00 for their services. This includes a onetime charge of $ 10,300.00 for developing the model and designing the flushing sequences. HST is extra. This program is fiunded in the Saint John Water Operating Budget. RECOMMENDATION Working with Aqua Data Atlantic demonstrates our commitment to ensuring that a best practice such as unidirectional flushing is a continued part of Saint John Water's annual operating procedures. It is recommended that the quote from Aqua Data Atlantic be accepted for the unidirectional flushing of the water distribution system in the aforementioned areas. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager Ho M & C 42009- His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: DESIGN & CONSTRUCTION MANAGEMENT — Rockwood Park Redevelopment Project Phase 2 PURPOSE It Im The purpose of this report is to make recommendations for the design and project management services for the Rockwood Park Redevelopment Project Phase 2. BACKGROUND Common Council approved the Rockwood Park Redevelopment Plan Phase 2 on August 4, 2009. The following projects were approved by Council under the 2009 General Fund Capital Program on February 2, 2009: Project Location Description Other City Share Share Rockwood Park Mount Pleasant Continuation of Phase 1, $1,000,000 Ave. & Lake Dr. $3,000,000 committed to date, South total project estimated at $10,000,000 over four years In addition to the fiends approved in the 2009 Capital Program, the Saint John Horticultural Association has committed $1,200,000 as detailed in the August 4, 2009 report to Council. At the August 4, 2009 meeting of Council, staff were directed to complete the design and tendering for Phase 2 Rockwood Park Redevelopment. On March 16, 2009 Common Council authorized staff to conduct negotiations for the engagement of BDA Landscape Architects, to carry out design and project management services for the Rockwood Park Redevelopment Project Phase 2. ANALYSIS M & C 2008 -104 Page 2 On July 30, 2009, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting services was requested from BDA Landscape Architects. In response to this request BDA Landscape Architects submitted a proposal on August 11, 2009. The upset price contained in the proposal was evaluated and the consultant's requested fee is appropriate for submission to Council for approval. The submission from BDA Landscape Architects met all of the requirements of the request for proposal, in a manner acceptable, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of work from BDA Landscape Architects to provide design and constriction management services is approximately $308,603.00 including HST. Consulting fees to cover the cost of design and constriction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the consulting services required. This upset fee is approximately 83% of the total overall project cost, which is considered exceptionally low for this type of project. However, a major portion of the design for Phase 2 has been completed during the work done in the previous phase. RECOMMENDATION 1. It is recommended that the proposal of BDA Landscape Architects for consulting services (design and constriction management) for the Rockwood Park Redevelopment Project Phase 2 be accepted and that and that Materials and Fleet Management issue a Purchase Order in the amount of $308,603.00 HST included. Respectfidly submitted, Bernie Morrison Commissioner of Leisure Services Patrick Woods, C.G.A. Deputy City Manager 82 M & C — 2009 August 12, 2009 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Crescent Valley/Flemming Court: Award of Construction Management BACKGROUND: This work consists of a project that was approved in the 2008 and 2009 General Fund Capital Programs for Crescent Valley /Flemming Court as follows: • Redevelopment of Flemming Court into a play park with splash pad In addition, at the March 16, 2009 meeting of Common Council, authorization was given for staff to negotiate constriction management services for this work. On June 19, 2009, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting services was requested from Glenn Group Ltd, Landscape Architects & Park Planners, to carry out project management services for the Flemming Court Redevelopment. ANALYSIS: In response to the request for consulting services proposal, Glenn Group Ltd submitted a proposal on June 22, 2009. Upon review by staff, it was determined that the proposed cost of work by the Glenn Group was higher than warranted. After discussion with the consultant, staff received a second proposal from the Glenn Group on August 4, 2009. This second submission has been reviewed and the consultant's requested fee is appropriate for submission to Council for approval. FINANCIAL: 83 The proposed cost of work from Glenn Group Ltd. to provide constriction management services is approximately $33,645.50. This is a planned project and as such funds are available in the budget indentified to cover the total cost. RECOMMENDATION: It is recommended that: 1. The proposal of Glenn Group Ltd. for constriction management services for the Flemming Court: Project 42009- 081801T be accepted and that Materials and Fleet Management issue a Purchase Order in the amount of $33,645.50 HST included. Respectfidly submitted, Bernie Morrison Commissioner of Leisure Services Patrick Woods, C.G.A. Deputy City Manager 84 REPORT TO COMMON COUNCIL Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: FLEMMING COURT In the 2008 Capital Budget, Common Council allocated $121,000 for a playground development/splash pad at Flemming Court in the Crescent Valley (the "Project") of which approximately $11,000 was spent in 2008 on design work. In the 2009 Capital Budget, Common Council carried over the remaining $110,000 for the Project. In a report to Common Council dated July 7b, 2008, the City Manager and the Commissioner of Leisure Services advised Common Council that the estimated total cost of the Project was $650,000 and further explained that the commitment of funding from Common Council was to be used by community stakeholders as a catalyst for pursuing contributions from other levels of government and benefactors. With a design ready for tendering, the first phase of the Project is estimated to cost approximately $574,000. The Crescent Valley Resource Centre Inc. ("CVRCI") has applied for and been granted funding as follows: 0 Regional Development Corporation (Province of New Brunswick) - $200,000 0 Atlantic Canada Opportunities Agency (RInC) - $200,000 0 Greater Saint John Community Foundation - $30,000 0 New Brunswick Children's Foundation - $5,000 a Private Donations - approximately $5,000 The above-noted funding commitments to the CVRCI are subject to a few key conditions which staff are working to resolve with each agency. Though these funding commitments have been made to CVRCI, it is the City that will be managing the Project. Consequently, it is necessary to ensure that the agreements struck with each agency are 85 2 F a g e R e la �i r t i o C C S �,t b j e c t F I e iri m i j) g C o k,i t� t amended to reflect the City's role. In addition, staff will be working with these agencies to ensure that the timelines stipulated in their agreements are aligned with the construction timetable. Design work for the first phase of the Project (i.e. the splash pad and walkways) has been completed and is ready to be tendered for construction. The cost of this design work has been paid by the City. This tender will be advertised this week and staff will return to Common Council in due course for the awarding of this tender provided that the conditions identified above can be resolved and that the available funds can accommodate the cost of construction. RECOMMENDATION: That this report be received and filed, 06 M & C — 2009 — 249 August 14, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Hotel Courtenay Bay Sale of Freehold Interest in PID's # 00017905, 55045827, 55097075, and 55097091 BACKGROUND: On March 16, 2009 Common Council adopted the following resolutions: 1. Provided the offer from 626922 N.B. Ltd. submitted with M &C 2009 -061 is accepted by Canada Mortgage and Housing Corporation, the City sell to 626922 N.B. Ltd. the freehold interest in lands designated by PID Numbers 00017905, 55045827, 55097075, and 55097091 and for the sale price of $366,000.00; upon the terms and conditions set out in the said offer; and, 2. The Mayor and Common Clerk be authorized to sign all necessary documentation. Since adoption of these resolutions, CMHC has accepted the Agreement, and all conditions precedent to the closing of the transaction have been satisfied. On Thursday 13 August 2009, the Purchaser, via its solicitor requested that the scheduled closing date be postponed until '10 November 2009. Should Council decide to accept this extension request, then the Purchaser will continue to pay rent until the new closing date. Furthermore the Purchaser, under the terms of the two leases, already pays all property taxes. 87 Report to Common Council Page 2 August 14, 2009 RECOMMENDATION: That: 1. Provided the request from 626922 N.B. Ltd. to extend the Closing Date to 30 November, 2009 is accepted by Canada Mortgage and Housing Corporation, the City accept such extension request. 2. The Mayor and Common Cleric be authorized to sign all necessary documentation. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Particle Woods, C.P.A. Deputy City Manager PNi' P F.F. REPORT TO COMMON COUNCIL M & C — 2009 -236 14 August 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: city of �iainf Jahn SUBJECT: Proposal for Design and Inspection Services Shamrock Park BMX / Mountain Bike Trails BACKGROUND: Proposals closed on Thursday, July 16, 2009 for design and inspection services for BMX / Mountain Bike Trails in the Shamrock Park area. The consultant will carry out preliminary design, detail design, tender document preparation, detailed cost estimates for constriction and inspection services through the constriction phase. ANALYSIS: Three companies chose to participate in this proposal call by submitting bids. They included; Dillon Consulting Fundy Engineering Glenn Group Saint John, N.B. Saint John, N.B. Fredericton, N.B. In keeping with the City's policy and procedures related to proposal calls for the Engagement of Professional Services, immediately following the public opening the bids received were referred to an evaluation committee consisting of staff representatives from the Leisure Services Departments and Materials and Fleet Management. The evaluation committed reviewed each bid on its technical aspects as they related to the standard criteria, including experience of the vendor and the methodology to be employed. .:• Page Two ANALYSIS....Cont'd; Once this step was completed the financial considerations were evaluated and added to the technical review. At the end of this process the evaluation committee unanimously selected the proposal submitted by Glenn Group as the one that best addressed the needs of the City of Saint John. Glenn Group ranked high on their technical submission and even higher on cost as they submitted the lowest price. FINANCIAL IMPLICATIONS: This is a planned expenditure for which fiinds have been identified in the 2009 Capital Budget. RECOMMENDATION: It is recommended that the proposal for design and inspection services to for BMX / Mountain Bike Trails in the Shamrock Park area be awarded to the Glenn Group in the amount of $50,700.00 plus HST. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Deputy City Manager Ae M & C — 2009 -224 August 14, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Request for Renewal of a Temporary Mobile/Mini -Home 3396 Loch Lomond Road INTRODUCTION: The Municipalities Act enables Common Council to include a provision in its Mobile Home Parks By -law in order to permit individual mobile homes, on a temporary basis not to exceed one (1) year, on properties that normally would not permit such strictures due to their zoning designations. It has been Common Council's practice to consider these requests on a compassionate basis. Previous applications have involved the health of a family member, economic hardship, or a temporary approval so that a conventional home could be constricted in the fiiture. Renewals have been granted in a number of cases allowing the mobile home to remain for many years. In September of 2006 Council requested that written notification be provided to surrounding property owners for any future applications of this nature. Letters have been sent to all landowners within 100 metres (300 feet) of the subject property concerning this matter. ANALYSIS- The subject site is zoned "RS -1 " One and Two Faniily,5'nbnrban Residential and in 1999 Common Council approved the temporary placement of a mini -home on the large parcel of land in question. The landowner's elderly parents wished to reside in the mini -home, which is situated approximately 107 metres (350 feet) from Loch Lomond Road. The applicant had indicated that the mini -home would 41 Report to Common Council Page 2 August 14, 2009 be removed when his parents no longer needed it. The applicant's father still resides in the mini -home and therefore, a further one -year extension is requested. Extensions were granted in 2000 through to 2008, with the exception of 2002 and 2006, when no applications for extensions were submitted. The mini -home site is screened by tall trees and is not readily visible from neighbouring properties along Loch Lomond Road. A long driveway access from the road is constricted to the mini -home and a separate well and septic disposal system has been installed. N.B. Department of Public Health Services has indicated that the site has been made suitable for a septic system that has been installed and is fiinctional. Other public utilities have also been made available to the site. Building and Technical Services has been advised of the request for a subsequent extension and indicate that it has no issues with the application. RECOMMENDATION: That, pursuant to the Mobile Home Parks By -law, Common Council permit a mini -home to be situated on the large property at 3396 Loch Lomond Road for a temporary period of one (1) year. Respectfidly submitted, Ken Forrest, MCIP Commissioner Planning and Development J. Patrick Woods, C.G.A. Acting City Manager I» PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT i i 1 121 RS- 1 on. Rnm... aa. — • RS- 1 RS -1 / eA. peeplr LaY. RQ O� g Subject Site /site en question: Location: 3396, ch. Loch Lomond Road Date: July / juillet 28, 2009 Scale /echelle: Not to scale /Pas a 1'ecbplle " 4 RS- PID(s) /NIP(s): 00330126 M & C — 2009 — 240 August 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 70 Gault 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 full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Hamilton Homestyle 70 Gault Road "RF" "IL -1" To permit a Davcare davcare centre RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Hamilton Homestyle Daycare (70 Gault Road) for Monday, September 14, 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 J. Patrick Woods, CGA Acting City Manager OPEN SESSION M & C 2009-233 August 7, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Councillors: RE: Saint John Salvage Corps & Fire Police Admission of New Member The following applicant has been selected for admission to the Saint John No. I Company Salvage Corps and Fire Police: Brian Cornish Captain Terrance Hopey is requesting that a warrant be issued for this prospective new member. RECOMMENDATION: It is recommended that Con u-non Council issue a warrant for the following new member: Brian Cornish. Respectfully submitted Attachment 7AR Saint John Salvage Corps and Fire Police Saint John, N.B. Canada Chief Robert Simonds Saint John Fire Department 45 Leinster Street Saint John, N. B. E2L IH9 August 4, 2009 An application for membership has been accepted by the Salvage Corps and Fire Police as follows: Mr. Brian Cornish 390 Ludlow St. Saint John, N. B. E2M IE7 Would you please make arrangements to have Common Council issue a warrant for Mr. Cornish. Thanking you in advance, I remain, Yours truly, Brenda S. McCormack Secretary M &C2009 -241 August 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT 1219 Manawagonish Road — Contract for Services BACKGROUND It Im 639752 N.B. Inc. is in the midst of developing 12 high -end garden homes at 1219 Manawagonish Road (the "Property "). A significant section of Manawagonish Road is scheduled to be resurfaced by the City later this year, including that portion of Manawagonish Road which passes in front of the Property. With Common Council's approval, the City will be taking the proactive step of arranging by contract with 639752 N.B. Inc. to have the water service lines for each of its 12 garden homes put in place prior to resurfacing Manawagonish Road. The attached agreement, which we submit for Common Council's approval, provides that the appropriate payment of $1,800 per unit under section 2(3) of By- Law Number M -16 - A By -Law Respecting Water and Sewerage will be made to the City by 639752 N.B. Inc. as each of its 12 garden homes are connected to the City's water supply system. The alternative would be for the City to resurface Manawagonish Road, as planned, only to make several cuts into the freshly paved surface in the coming weeks and months in order to accommodate the installation of the water service lines for each of 639752 N.B. Inc.'s 12 garden homes. Recommendation RESOLVED that Common Council authorize the Mayor and Common Clerk to sign the attached agreement respecting the installation of water service lines to the 12 garden homes being constricted by 639752 N.B. Inc. at 1219 Manawagonish Road. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering 'Am J. Patrick Woods, CGA Acting City Manager AGREEMENT Parcel Identifier: 00400820 Developer: 639752 N.B. Inc. 46 St. Coeur Court Saint John, New Brunswick E2M 5R3 City: The City of Saint John 8`h Floor, City Hall Building 5 Market Square, P.O. Box 1971 Saint John, New Brunswick E2L 4L WHEREAS 639752 N.B. Inc. (the "Company ") is the owner of lands located at 121.9 Manawagonish Road in the City of Saint John (the "City ") and identified as PID Number 00400820 (the "Property "); and WHEREAS the Company is in the process of constructing 12 garden homes on the Property; and WHEREAS it will be necessary for each of the Company's 12 garden homes to be connected to the City's water service system as they are completed; and WHEREAS the Company agrees have the City carry out the installation of a single 25 mm water service line from the water main on Manawagonish Road to the property line of each of the 12 garden homes at a cost to the Company of $1,800.00 per garden home in accordance with section 2(3) of the City's By -Law Number M -16 - A By -Law Respecting Water and Sewerage; and WHEREAS the City is scheduled to resurface a portion of Manawagonish Road in late 2009, including that portion of Manawagonish Road which passes in front of the Property: NOW THEREFORE THIS AGREEMENT WITNESSETH that the City shall install the 25 mm water supply lines described above prior to resurfacing that portion of Manawagonish Road which passes in front of the Property and the Company shall pay to the City a fee of $1,800.00 per garden home in accordance with section 2(3) of the City's By -Law Number M-16 - A By -Law Respecting Water and Sewerage upon the connection of each garden home later water line to the City's water supply system. In the event that the Company sells the Property or any portion thereof before payment is made by the Company to the City as required by this Agreement, the Company may extract from any purchaser an obligation to stand in lieu of the Company; however, the extraction of such obligation does not release the Company from its obligation to pay to the City. This Agreement binds the heirs, successors and /or assigns of the City and the Company. 46U. 2 IN WITNESS WHEREOF 639752 N.B. Inc. has caused this Agreement to be executed by its corporate name, and on its behalf, by its President, and The City of Saint John has caused this Agreement to be executed in its corporate name in the manner prescribed by the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto. SIGNED, SEALED & DELIVERED ) In the presence of: ) 639752 N.B. Inc. Per: ). atthew Cleghor , resident } I have authority to bind 639752 N.B. Inc. } THE CITY OF SAINT JOHN } } } Ivan G. Court, Mayor Elizabeth A. Gormley, Common Clerk Common Council Resolution: Form 45 AFFIDAVIT OF CORPORATE EXECUTION Land Titles Act, S.N.B. 1981, c.L -1.1, s.55 Deponent: Matthew Cleghorn 46 St. Coeur Court Saint John, New Brunswick E2M 5R3 Office Held by Deponent Corporation: Place of Execution: Date of Execution: President 639752 N.B. Inc. City of Saint John August / 3 , 2009. I, Matthew Cleghorn, the deponent, make oath and say: I. That I hold the office specified in the corporation specified above, and am authorized to make this affidavit and have personal knowledge of the matters hereinafter deposed to; 2. That the attached instrument was executed by me as the officer duly authorized to execute the instrument on behalf of the corporation; 3. That the seal of the corporation was affixed to the instrument by order of the Board of Directors of the Corporation; 4. That the instrument was executed at the place and on the date specified above. 5. That the ownership of a share of the Corporation does not entitle the owner thereof to occupy the parcel described in the attached instrument as a marital home. SWORN TO at the City of Saint John, in the County of Saint John, Province o New Brunswick on the day Of August, 2009. 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Hardy Stevenson and Associates Limited LEA Consulting Limited 8654/200 127 June 2009 Resit critial Parlcirig S'tzu v Update ofthe S'airitJohn C'eritr^al Periirisula i TABLE OF CONTENTS LIST OF TABLES Page Table 1 Parking, rupply in the Central Peninsu la ...................................................... ............................... 3 Table 2 Parking Demand in the Central Peninsula ................................................... ............................... 5 Table 3 Parking Demand in the North Residential Area ........................................... ............................... 5 Table 4 Parking Demand in the Cornrnercial Area .................................................... ............................... 6 Table 5 Parking Demand in the South Residential Area ........................................... ............................... 6 Table 6 Parking Demand and, rupply within the Residential Parking Permit Zones .............................10 LIST OF FIGURES Page Figure 1 , ru nrnary Zones in the Central Peninsula ................................................... ............................... 4 Figure 2 Friction Areas in the South Residential Area during First Hal fo f the Month ........................... 7 Figure 3 Friction Areas in the South Residential Area during the Second Hal f 'o f the Month ................. 8 Figure 4 Residential Parking Permit Zones in the Central Peninsu la ....................... ............................... 9 128 Page 1.0 Introduction ...................................................................................................... ............................... 1 2.0 Background ...................................................................................................... ............................... 1 3.0 Data Collection Program .................................................................................. ............................... 2 4.0 Parking Supply Summary ................................................................................ ............................... 2 5.0 Parking Demand Summary .............................................................................. ............................... 4 6.0 Public Consultation ........................................................................................ ............................... 10 7.0 Conclusion ..................................................................................................... ............................... 16 LIST OF TABLES Page Table 1 Parking, rupply in the Central Peninsu la ...................................................... ............................... 3 Table 2 Parking Demand in the Central Peninsula ................................................... ............................... 5 Table 3 Parking Demand in the North Residential Area ........................................... ............................... 5 Table 4 Parking Demand in the Cornrnercial Area .................................................... ............................... 6 Table 5 Parking Demand in the South Residential Area ........................................... ............................... 6 Table 6 Parking Demand and, rupply within the Residential Parking Permit Zones .............................10 LIST OF FIGURES Page Figure 1 , ru nrnary Zones in the Central Peninsula ................................................... ............................... 4 Figure 2 Friction Areas in the South Residential Area during First Hal fo f the Month ........................... 7 Figure 3 Friction Areas in the South Residential Area during the Second Hal f 'o f the Month ................. 8 Figure 4 Residential Parking Permit Zones in the Central Peninsu la ....................... ............................... 9 128 Resit eritial Parlcirig S'tzu v Update ofthe S'airitJohli C'eritr^al Periirisula 1.0 INTRODUCTION This report summarizes the findings of the update that was conducted for the Residential Parking & Snow Removal Study of the Saint John Central Peninsula by DS -Lea Associates Ltd. (now LEA Consulting Ltd.) and Hardy Stevenson and Associates Limited in 2001. The purpose of the update was to evaluate how the recommendations in the 2001 report were implemented, and to determine what modifications would be appropriate to ensure that the recommendations are still consistent with the needs of the residents and Saint John Parking Commission. 2.0 BACKGROUND In 2000, LEA and HSAL were retained to prepare a report on parking and snow removal in the Saint John Central Peninsula, with the intent to improve the livability of the residents. As a component of this, the report aimed to produce a balance between providing for convenient residential parking, while allowing for efficient street cleaning and snow clearing operations. Through an extensive community involvement process it was determined that without regular maintenance of the roads the streets in the Central Peninsula it can become difficult for personal cars and emergency vehicles to navigate. To address this problem, the project team formed a Solutions Committee to assess the alternatives. The Solutions Committee consisted of • Central Peninsula Residents; • Landlords; • Community Groups; • Business Owners; and, • Municipal Staff. Beyond the Solutions Committee meetings, two public open houses and an extensive 4,000 person survey were conducted. Supporting this public involvement process, LEA conducted an on- street and off - street parking demand and supply survey. Overall, this survey found that there were about 1,990 on- street parking spaces and about 8,380 off - street parking spaces in the Central Peninsula. The off - street parking spaces were found to be typically used by commuters (having a peak during the weekday morning period), while the on- street parking spaces were primarily used by residents. The survey determined that at the time of highest use of the on- street parking spaces about 35% were still available. While it was determined that there was a good balance between on- street and off - street parking spaces, the on- street parking spaces were found to be significant for residential use and that any recommendation should minimize its reduction of the on- street parking supply. Overall, the Solutions Committee determined that it was appropriate for two sets of recommendations to be conveyed. Regarding the street cleaning and snow clearing, it was recommended that: • a provision be made for a temporary overnight ban on vehicle parking after a snowstorm and options be provided for residents during this ban period; and, • that the on- street parking be converted into twice monthly alternate side -of -the street parking. 11 A R D Pr°ojectu: 8654 200 ST'B E S 1 AND �g,)ciNrEs Residential Parking,Studv Update ofthe SairztJohrz Central Perzirzsula 2 Regarding the residential parking permit program, it was recommended that: • the permit program be extended into the areas where there is a high competition between residents and non - residents for on- street parking; • the Parking Commission be able to extend the program without polling residents; • owners with off - street parking spaces should be restricted from the permit program; • more than one permit should be allowed per dwelling unlit; and, • temporary, or limited, permits be made available to guests of residents to park on- street. 3.0 DATA COLLECTION PROGRAM To update the findings of the 2001 report, LEA organized a series of on- street parking surveys. These surveys were conducted by the Works Division of the Department of Municipal Operations and recorded the number of parked vehicles on the street by block face. The surveys were conducted on the weekday and weekend before and after the changeover. The intent of surveying before and after the changeover was to determine if parking behaviour changed with the changeover. The surveys were conducted on March 20 and 21 and on April 3 and 4, and were conducted in the morning and evening on each day. As was done in the last study, the Central Peninsula was divided into three zones to summarize the survey findings. The areas zones were defined based on common uses, such as residential and commercial. In the Central Peninsula there were two residential zones, north and south, and one commercial zone. These zones are illustrated in Figure 1. In addition to the data collection program, two Open Houses were held in the neighborhood and both were well attended. The feedback received by residents provided the Saint John Parking Commission a clear understanding of the community's view of the current On Street Parking program as well as matters that would require further investigation. The details of the discussions are found in Section 6 — Public Consultation. 4.0 PARKING SUPPLY SUMMARY The 2001 survey measured the parking supply on both sides of the street in order to determine whether or not alternate side of the street parking provides sufficient capacity to accommodate the parking demand. The supply was estimated based on the measured distance of each block face, minus any areas where on- street parking would not be allowed, such as in front of driveways and near fire hydrants or intersections. The number of spaces was then determined based on general parallel parking requirements. Given that the supply is based on assumptions regarding parking behaviour and vehicle type, the actual demand may exceed the theoretical supply because of people parking illegally or a prevalence of smaller than typical vehicles. Although the overall on- street parking supply was 1,990 spaces, the report recommended that the restrictions be applicable to just the residential parking spaces, thereby excluding the metered parking supply. As a result, the total on- street residential parking supply was 1,340 spaces. With the implementation of the alternate side of the street parking restrictions, the on- street parking supply reduction was measured to be about 20% or 260 spaces, to 1080 spaces. Regarding each of the zones, with the conversion to alternate side -of -the- street parking, the south residential area was expected to have a net loss of 160 on- street parking spaces or 16% of the on- street 1.1ARDY .� Project u: 8654 200 STEVENSON AND ASK) 1NrEs 130 Resit7eritial Parlcirig Stut7v Umlate ol'the S'airitJohli ('eritr^al Peninsula supply. Likewise the north residential area was expected to have a net loss of 80 spaces or 29% of the on- street supply. Finally, in the commercial zone, it was expected that there would be a net loss of 20 spaces or 20% of the on- street supply. Table 1 presents the parking supply for each of the areas with and without alternate side of the street parking. Table 1Par°kirzg Supply irz the ('erztral Perzirzsula Including the metered parking spaces the overall parking supply was expected to decline 260 spaces from 1,990 spaces to 1,730 spaces. 11 A R D Y .� Pr°ojectu: 8654 200 STEVENSON AND ASK) 1NrEs 131 On- Street Supply 2001 Parking On With Alternate Side Difference Street Supply of the Street Parking North 270 190 -80 Residential Commercial 105 85 -20 South 965 805 -160 Residential Total 1340 1080 -260 Table 1Par°kirzg Supply irz the ('erztral Perzirzsula Including the metered parking spaces the overall parking supply was expected to decline 260 spaces from 1,990 spaces to 1,730 spaces. 11 A R D Y .� Pr°ojectu: 8654 200 STEVENSON AND ASK) 1NrEs 131 Resit eritial Parlcirig Stut v Update ofthe SaintJolui C'eritr^al Periirisula Figure 1 Sunimar°y Zones irz the Central Peninsula 5.0 PARKING DEMAND SUMMARY In 2001, the survey determined that the highest on- street parking demand was 1,288 vehicles or 65% of the overall capacity (1,990 spaces) on the weekday evening. Comparatively, during this same period the on- street parking demand reduced to 1,048 vehicles in the first half of the month and 1,163 in the second half of the month, a decrease of 9% and 10 %, respectively. That said, the 2009 on- street parking demand has increased during the weekday AM from 1,181 to 1,246 vehicles in the first half of the month and 1,259 in llA R D . Pr°ojectu: 8654 200 STEVENSON AND ASK) 1NrEs 132 Resit7eritial Parlcirig S'tut7v Update ofthe S'airitJohri ('eritr^al Periirisula 5 the second half of the month, an increase of between 6% and 7 %, respectively. The overall findings of the parking demand survey have been summarized in Table 2. This indicates that there has been a shift in the type of on- street parking being demanded, with an increase in the commuter demand and a decrease in the residential demand. Overall the peals parking demand occurs during the weekday morning when 72% of the on- street spaces are occupied during the first half of the month and 73% of the on- street spaces are occupied during the second half of the month. While this is an increase in the number of parking spaces being occupied, the utilization percentage is slightly lower than was expected (76 %). Table 2 Parking Demand irz the ('erztral Peninsula South Residential Area In the north residential area, the surveys have indicated that there has been an overall decline in the on- street parking demand. However, the survey did note that there was a minor increase during the weekend AM peak hour. The findings of the parking demand survey for the north residential area have been summarized in Table 3. The findings show that there has been an 11% - 31% decline during the periods when it would be primarily residential use. Overall, since the parking demand (between 100 - 130 vehicles) can easily be accommodated by the parking supply, no changes in the current parking program are recommended for this area. 2001 Parking Demand 2009 Parking Demand Percent Change 2001 -2009 1st -15th 15th -30th 1st -15th 15th -30th Weekday AM 1181 1246 1259 6% 7% Weekday PM 1288 1048 1163 -19% -10% Weekend AM 1144 1122 1100 -2% 4% Weekend PM 1236 1123 1202 -9% -3% Table 2 Parking Demand irz the ('erztral Peninsula South Residential Area In the north residential area, the surveys have indicated that there has been an overall decline in the on- street parking demand. However, the survey did note that there was a minor increase during the weekend AM peak hour. The findings of the parking demand survey for the north residential area have been summarized in Table 3. The findings show that there has been an 11% - 31% decline during the periods when it would be primarily residential use. Overall, since the parking demand (between 100 - 130 vehicles) can easily be accommodated by the parking supply, no changes in the current parking program are recommended for this area. Table 3 — Parking Demand in the Vorth Residential Area In the commercial area, the surveys indicated that there had been an increase in the weekday AM parking demand, while in all the other survey periods there has been a decline in the parking demand. The findings of the parking demand survey for the commercial area have been summarized in Table 4. The weekday morning increase was between 13% - 26% and is likely related to commuter demand. Overall, the peals parking demand is between 430 and 480 vehicles, and can be closely related to commuter use. In 2001, the commercial area had a parking supply of 659 spaces, of which 555 spaces were metered. Based on this supply, it can be determined that there is an appropriate supply of metered parking spaces to accommodate the increase parking demand. 11A R D .� Project u: 8654 200 STEVENSON AND ASSc)ciNrEs 133 2001 Parking Demand 2009 Parking Demand Percent Change 2001 -2009 1st -15th 15th -30th 1st -15th 15th -30th Weekday AM 155 116 126 -25% -19% Weekday PM 132 118 100 -11% -24% Weekend AM 115 130 119 13% 3% Weekend PM 146 101 120 -31% -18% Table 3 — Parking Demand in the Vorth Residential Area In the commercial area, the surveys indicated that there had been an increase in the weekday AM parking demand, while in all the other survey periods there has been a decline in the parking demand. The findings of the parking demand survey for the commercial area have been summarized in Table 4. The weekday morning increase was between 13% - 26% and is likely related to commuter demand. Overall, the peals parking demand is between 430 and 480 vehicles, and can be closely related to commuter use. In 2001, the commercial area had a parking supply of 659 spaces, of which 555 spaces were metered. Based on this supply, it can be determined that there is an appropriate supply of metered parking spaces to accommodate the increase parking demand. 11A R D .� Project u: 8654 200 STEVENSON AND ASSc)ciNrEs 133 Resit7eritial Parlcirig S'ttu7v Update ofthe S'airitJohli ('eritr^al Periirisula Table 4 Parking Demand irz the Commercial Area In the south residential area, the surveys found that the overall evening parking demand has increased. Table 5 summarizes the findings of the parking demand survey for the south residential area. This period of parking is predominantly associated with residential use; therefore, the surveys indicate that more residents are using the available on- street parking. The south residential area's survey findings also exhibit an interesting finding in that the on- street parking demand is less during the first half of the month, before the changeover, than during the second half, after the changeover. Based on this behaviour, and the presumption that residential parking demand is generally constant, it can be determined that residents in this area do have off - street parking alternatives. Given that these off - street alternatives are primarily used during only half of the month, it can also be determined that some residents find that with the changeover the on- street parking is less convenient. 2001 Parking Demand 2009 Parking Demand Percent Change 2001 -2009 1st -15th 15th -30th 1st -15th 15th -30th Weekday AM 382 481 432 26% 13% Weekday PM 486 281 275 -42% -43% Weekend AM 437 396 386 -9% -12% Weekend PM 424 319 263 -25% -38% Table 4 Parking Demand irz the Commercial Area In the south residential area, the surveys found that the overall evening parking demand has increased. Table 5 summarizes the findings of the parking demand survey for the south residential area. This period of parking is predominantly associated with residential use; therefore, the surveys indicate that more residents are using the available on- street parking. The south residential area's survey findings also exhibit an interesting finding in that the on- street parking demand is less during the first half of the month, before the changeover, than during the second half, after the changeover. Based on this behaviour, and the presumption that residential parking demand is generally constant, it can be determined that residents in this area do have off - street parking alternatives. Given that these off - street alternatives are primarily used during only half of the month, it can also be determined that some residents find that with the changeover the on- street parking is less convenient. Table 5 — Parking Demand in the S'otrtli Residential Area Based on the estimated parking supply for the alternate side of the street, the on- street parking in the south residential area is approaching its theoretical capacity. To illustrate this, LEA has isolated friction areas within the south residential area. A friction area is an area that exhibits parking demand that either approaches or exceeds its comfortable capacity. The friction areas in the south residential area for the first half of the month are illustrated in Figure 2, while Figure 3 illustrates the friction areas in the south residential area for the second half of the month. In comparing the two figures it becomes apparent that the occurrence of on- street parking is higher during the second half of the month then the first half. Considering this in more detail, it is noticed that some areas experience high parking demands throughout the month. This is particularly evident on streets such as Princess Street, Horsfield Street, Orange Street, King Street, and Germain Street. The parking demand of all the streets and blockfaces have been summarized in Appendix A. 1.IA R D . Project u: 8654 200 STEVENSON AND ASK) 1NrEs 134 2001 Parking Demand 2009 Parking Demand Percent Change 2001 -2009 1st -15th 15th -30th 1st -15th 15th -30th Weekday AM 644 649 701 1 % 9% Weekday PM 670 649 788 -3% 18% Weekend AM 592 596 595 1 % 1 % Weekend PM 666 703 819 6% 23% Table 5 — Parking Demand in the S'otrtli Residential Area Based on the estimated parking supply for the alternate side of the street, the on- street parking in the south residential area is approaching its theoretical capacity. To illustrate this, LEA has isolated friction areas within the south residential area. A friction area is an area that exhibits parking demand that either approaches or exceeds its comfortable capacity. The friction areas in the south residential area for the first half of the month are illustrated in Figure 2, while Figure 3 illustrates the friction areas in the south residential area for the second half of the month. In comparing the two figures it becomes apparent that the occurrence of on- street parking is higher during the second half of the month then the first half. Considering this in more detail, it is noticed that some areas experience high parking demands throughout the month. This is particularly evident on streets such as Princess Street, Horsfield Street, Orange Street, King Street, and Germain Street. The parking demand of all the streets and blockfaces have been summarized in Appendix A. 1.IA R D . Project u: 8654 200 STEVENSON AND ASK) 1NrEs 134 Resit eritial Parlcirig Studv Update ofthe SaintJolui C'eritr^al Periirisula Figure 2 Friction Areas irz the South Residential Area during First Halj'of the -1lorzth II A R D Y .� Project u: 8654 200 STEVENSON AND ray ,)ciN Es 135 Resit eritial Parlcirig Studv Update ofthe S'airitJohn C'eritr^al Periirisula Figure 3 Friction Areas irz the South Residential Area during the Second Half of the llorzth II A R D Y .� Project u: 8654 200 STEVENSON AND ray ,)ciN Es 136 Resideiztial Parking,Studv Update ofthe SaiiztJohiz Ceiztral Peruizsula 9 m�u. � ofd pfr u, rd li !u Q 0 �� f� i r p ��V fV!' �V i. Pt 7� N, r� fV� ➢ „ o t, n° „o r wd 0 X90 ° �p G t 'ki s �� e y G v rho i I � ��+ �� Ins, ono .y V c , xn k, nom d Kam' ,NU y a � 9 p l �rGG r Zo►� �� m o n � �t rwe V xatri � g� ILf Wv 0 u �1 0 ¢ }p r kll llllWVmrwi !N "' n G ' m oadYtow t tteeY „m � K � 6 , Figure 4 — Residential Parking Permit Zones iii the ('eritral Periirisula I "I A R D Y . � Project u: 8654 200 S"`� EVENS AND ASSociNrEs 137 ResiderztialParking,Studv Update ofthe,SairztJohrz C'erztralPerzirzsula 10 Residential Parking Weekday AM Weekday PM Saturday Supply Permit Zone 1st -15th 15th -30th 1st -15th 15th -30th 1st -15th 15th -30th C 113 141 174 162 159 176 218 D 73 113 165 144 158 142 159 E 112 213 133 160 100 130 229 Unrestricted 1 273 212 1 169 246 1 177 205 1 275 Table 6 Parking Demand arzd Supply within the Residential Parlcirzg Permit Zorzes Considering each of the residential parking permit program (RPPP) zones in detail, it can be seen that there is a surplus of parking available within each zone (see Table 6). Given that each of the RPPP zones are at most about 400 metres wide, if parking were to be constrained on any given street, there would be available parking located nearby. The zones located in the south residential area are illustrated in Figure 4. Based on this information, it can be shown that for each of the permit zones, there is enough parking within a short walk of people's residences. However, the demand surveys have shown that there are more vehicles parking on- street now, as compared to 2001. As people who do have off - street parking, park on the street and displace others, people are forced to park around the corner. Although the RPPP is working as anticipated, as the parking demand in the areas increase, it may be necessary to ultimately make some changes to the parking by -law, but this should be done only after other options are fully identified and tested. It should also be noted that the affect of the RPPP can be seen by comparing the Weekday AM to Weekday PM peals hour summaries. When the program is in effect the demand in each of the permit zones has a notable decrease, while parking in the unrestricted area increases. This provides further evidence that the RPPP is working as a deterrent for commuter parking in the residential areas. 6.0 PUBLIC CONSULTATION Two public Open Houses were held during March and April, both of which were well attended with 60 and 50 residents turning out for the respective open houses City Councillors were also in attendance. While some concerns were raised about the current On- Street Parking Program there was a general agreement that the program works well with statements that the current system operates significantly better than the previous system. While few residents were displeased with the current program, the community felt the program was working but could be improved with additional enforcement. Frustration was expressed, however, in relation to the snow removal process in the study area, particularly during the current year, which had significant amounts of snow fall. Each session opened with introductions and presentations. The objective of the March 11th Open House was to learn from the residents and determine their key concerns regarding the On Street Parking Program. The focus of the April 8"' Open House was to talk directly about concerns brought forward by residents during the previous open house. 11ARDY .� Project u: 8654 200 STEVENSON AND ASK) 1NrEs 138 Resit eritial Parlcirig S'tzu v Update ofthe S'airitJohli C'eritr^al Periirisula 11 The Commission reviewed all topics raised by the community on March 11th and to that which it could immediately respond, the Commission presented back to the residents the details of the Snow Plan, Policy Enforcement and Urban Design approach on April 8th. Other matters that require further analysis were examined within the framework of the study. Comment and Evaluation Forms were prepared for the Open Houses and additional feedback was gained. Following are summaries of each open house with the full minutes found in Appendix B. Open House of March 11th Alternate Side of Street Parking Most residents were in favour of the current system and stated that the old procedure is no longer suitable. One resident pointed out that the current system is simple and understandable. Several residents said that if `tweaking' needs to occur, there might be research done on whether alternate side of street parking should occur throughout the year. Enforcement Several residents stated that there are many who park on- street, both day- and night -time, without a valid parking permit, and in some areas, park on both sides of the street, but are not ticketed. They feel that enforcement of the by -law needs to improve with consistent ticketing. Others stated that it was sometimes difficult to remember the boundary of zones which usually resulted in a ticket. The issue of inconsistency of ticketing was repeated. One resident stated that the system was unfair for people with no off street parking spaces and that a courtesy notice would help remind people to move their cars rather than tickets. One resident asked about the enforcement revenue collected by the City. The SJPC did not have that information readily available but stated they would tally the data and make it accessible. Parking Bans Residents were generally happy with bans, stating that they are working. While one resident wasn't sure about how the bans were advertised, the majority of residents felt the bans were well advertised throughout the community via a number of different mediums. One resident questioned whether an all winter ban is required and if there may be another and more efficient method overall. However, residents stated there was some confusion about what bans mean. Some interpreted bans as meaning cars removed from the streets to allow for snow removal vs. snow push back. It was suggested that the snow ban terminology be better explained to residents since some stated confusion with the service they believe is to occur during a snow ban. Several residents asked why their streets were not being plowed during a snow ban. 1.1A R D . Pr°ojectu: 8654 200 STEVENSON AND ASSc)ciNrEs 139 Residential Parking,Studv Update ofthe SairztJohrz Central Perzirzsula 12 It was stated by one resident that the current system does not accommodate shift workers. Their non- traditional work hours made it difficult for them to meet the time deadlines, move their cars and avoid being ticketed. Snow Removal Residents said the snow removal process was generally good but that the SJPC should look into ways to better execute the program. Snow removal equipment was stated to be seen on certain streets many times on a given day either plowing repeatedly when the roads were already clear or passing by with plows up. Residents on other street report that snow removal equipment is rarely or never seen on their streets and their roads and sidewalks are nearly impassable. It was questioned whether all roads were given equal consideration, whether drivers were following the snow removal plan or whether the number of plows was adequate. It was suggested that turn - around process and times for snow dumping be reviewed to determine operational improvements. The sidewalk clearing process was discussed and many stated that the conditions are unsafe. Residents felt that sidewalks were not properly cleared and not cleared quickly enough. This makes many sidewalks slippery and /or impassable thus forcing people and school children to walk on the streets and children to embark and disembark from the bus on the street. It was also expressed that improperly cleared sidewalks also pose a problem for seniors and disabled residents. A resident commented on tidying up activities after the initial snow plow activity. She expressed concern over snow accumulation at street corners as it resulted in a loss of a parking space. Another resident observed equipment idling and suggested that the turn around process and times for snow dumping be reviewed to see if there can be operational improvements. Adequacy of Numbers of Parking Spaces A resident discussed the impact of continued residential development in the Uptown. The resident stated that infill housing is approved without the required number of parking spaces and these variances could result in greater demand for on street parking. It was suggested that a strategy is required to deal with the increase of infill housing and the related demand for parking and municipal operations. There was a discussion about the availability and cost of building dedicated parking. Where the cost of parking is not included in the rent, rental property owners can offer parking to their tenants in a dedicated lot, as an option. Since the monthly parking fee is considerably higher than the SJPC on- street annual fee, rental residents do not purchase a parking space at their building but rather occupy a more affordable on- street parking space. It was also stated that unavailability of on- street parking limits the ability of apartment owners to attract tenants. 11 A R D Y . Project u: 8654 200 STEVENSON AND ASSc)ciNrEs 140 Resit eritial Parlcirig S'tzu v Update ofthe S'airitJohli C'eritr^al Periirisula 13 "Art of Parking" Comments One resident stated that some residents do not know how to park properly, or in other words, lack the "art of parking ". One resident mentioned the safety issue of on- street parking encroachment on private driveways. The Motor Vehicle Act stipulates a minimum of 3 meters from a private driveway, but when on- street parking is in violation of this minimum, the violator is rarely ticketed. Another `art of parking" issue mentioned was one vehicle taking up two on- street spaces and cars parked away from the snow bank thus encroaching onto the street space. Under utilized back yards which could be used for parking was raised as a current situation that increased the demand for on street parking but that, if used differently, could alleviate some of the pressure to provide more parking spaces. Urban Design Issues Residents talked about urban design issues that influence the need for on- street parking including the need to enhanced bus service throughout the city. Better bus service would reduce the use of cars and thus need for parking. A comparison was made to large urban areas that develop underground parking areas to service residential areas and that that option should be considered in Saint John. It was also suggested that any new residential development should not allow parking variances that result in fewer than the minimum number of parking spaces, and that the opposite approach of requiring a minimum of 150% parking spaces to rental units be considered. Open House of April Stn Presentation 1> The Snow Plan: Shayne Galbraith Shayne described the Snow Plan and explained the winter response procedures. He also talked about the execution of the snow plan, the method by which the City communicates snow plans and the safety of sidewalks. The Snow Plan: Shayne explained that the Snow Plan is comprehensive and continually evolving. The Snow Plan services various zones of the city within set priority routes. Winter Response: Shayne detailed the two -day (and beyond) winter response procedure for both streets and sidewalks and the difference between the responses for each. Priority Routes: Shayne showed a map of the Street Priority Routes in Central Peninsula and the sidewalk routes. 1.1A R D . Project u: 8654 200 STEVENSON AND ASSc)ciNrEs 141 Resit eritial Parlcirig S'tzu v Update ofthe S'airitJohli C'eritr^al Periirisula 14 Winter Ban: The sequence of operations was described. Shayne also described how the snow ban is meant to accommodate alternate street parking. Public Communications: The various methods of informing the public were detailed by Shayne. Execution of the Plan: Shayne explained the difference between the Priority Routes and the need to keep Priority 1 and 2 routes open at all times because they are either emergency routes or heavily trafficked routes. Safety of Sidewalks: Shayne shared the complexity of maintaining sidewalks this winter. He acknowledged the importance of safety. The department is examining ways to improve the mobility on sidewalks in priority city areas. He talked about the reprioritization of the streets and sidewalks which would reflect the priority of each area within the new 31 zones of the City. Current Plan Priorities: Shayne quickly highlighted the elements of the new snow removal plan. One resident reiterated the importance of schools as priority areas and pointed to many children who walk to church for the Chicken Noodle Club. This resident stated that she had to walk with the children on the street and that there must be a better way to link the church to schools. There are nearly 80 to 100 children who regularly walk this route. Shayne agreed that more attention is needed to be given schools and that would be a priority in the updating of the next plan. One resident asked about the number of sidewalk routes. He stated that this winter's conditions of snow, ice and rain created treacherous conditions and that snow plows would actually make icy conditions worse. He asked whether there is a method to solve the problem of snow removal equipment that doesn't make the sidewalk more dangerous and impassable. Shayne stated that there is no method that could have been employed this year. More sanding would require more plowing. Another resident acknowledged resources are an issue but that snow should be cleared and better removed and if that requires more resources, then we should request it. Another resident stated that enough can never be done and that current snow plowing and removing operations were satisfactory. Another asked the mileage per tonne. Shayne did not have the data on hand. He then asked if the City is being prevented in dumping snow on the Atlantic Sugar site. Shayne stated that the future development potential restricts dumping snow on that site. The resident stated the more local dumping the more efficient it will be. The question was asked whether anyone evaluated the plan and whether there is a `plan in the plan' whether or not every street is supposed to be cleaned in the winter. The resident said that Queen Square South has not received snow removal this year. Shayne confirmed that snow was push backed. The resident stated that surface melt stimulates a response from the City but not snow removal. 1.1ARDY . Pr°ojectu: 8654 200 S1ITI ENS N AND ASSc)ciNrEs 142 Resit eritial Parlcirig S'tzu v Update ofthe S'airitJohli C'eritr^al Periirisula 15 Another resident observed that the trick is to beat the snow, to be pro- active and clear the snow during the storm, not after the storm. 2> Policy Enforcement: Richard Smith Richard talked about enforcement and the difficulties in the past relating to enforcement and that with a full staffing, this issue could be addressed. Richard stated that there are 7 staff who work at 4:30 a.m. to 1 p.m. The SJPC has to choose between parking meter violations and other violations and that a full complement of staff should hopefully balance this. Richard stated that the RPPP is always changing and that those changes are to benefit quality of life for residents. The Parking survey has just been completed and this data will be examined against the previous data but more time will be required to fully understand the information. He then provided information about the RPPP. Richard talked about the Zones within the Central Peninsula and stated that the SJPC is considering changing the implementation of C and D to accommodate their proximity. Questions and Comments One resident reminded Richard about a question he felt required an answer from the first meeting about revenue from the RPPP. The resident opinioned that the data should have been provided. One asked is there is any consideration given to someone who holds a permit and moves. Richard stated that certain steps need to be taken but they do not need to reapply. One stated that the Paddock neighbourhood loses some spots to commercial use and asked why the parking community lot is typically only a third full. The resident asked whether spaces could be used for residents. Richard stated that this lot is fully rented and it is up to the lessee to determine how they want to use the space. One resident has three vehicles, two for business and one for family and lives in a dwelling with two units. Richard stated the RPPP was intended for one vehicle per person. Richard asked participants for comments about the creation of a two hour parking limit throughout the entire peninsula. One resident asked about the use of marked spaces Richard said that marked spaces were tried but did not have enough success to implement again. This resident stated that some areas are always experiencing parking problems and asked if there was any way to remedy this. He also asked Richards's opinion about 2 hours zones for the Peninsula. Richard said that if the majority of people in an area wanted 2 -hour zones in an area, they would consider this. Another resident asked for clarification about 2 hour parking. Richard stated that it was meant to extend the hour zone and residents would require to purchase a pass for parking. 1.1A R D .� Pr°ojectu: 8654 200 S1IT'1��' ENS AND ASSc)ciNrEs 143 Resit eritial Parking S'tzu y L),vlate cif the S'aintJohn C'eritr^al Periirisula 16 Another resident wants to know about the revenue. She pointed to King Street East and the inadequacy of parking spaces. She also stated that her desire to purchase a home has been quashed because of lack of off street parking. Another asked about the parking lots in zones and A and B. Richard stated that they allow overnight parking but that cars must be removed by early morning as the lot is rented. Another resident asked about Tannery Court and the parking requirements there and the effect of the loss of the snow ban lot. Richard said that they are looking into this. 3. Urban Development and Parking: Craig Campbell Craig talked about the historic nature of the physical environment in terms of the area being planned before there were automobiles. The importance of the area has been recognized and a lot of effort is invested to make it work. Craig talked about the policies that drive development and growth decisions. He stated the City is committed to ensuring quality of life that is shaped by Vision 2015 and other initiatives. The Growth Strategy will play an important role in the development of the community and will heavily rely on public input. A comprehensive transportation plan is expected to link uses to area and alternate methods of transportation. This was the end of the presentations. Dave Hardy then opened the floor for questions, comments and ideas for improvement. 7.0 CONCLUSION The residential parking and snow removal study was conducted in 2001 intended to improve the livability for the residents of the Central Peninsula, while allowing for effective and efficient snow clearing and street maintenance. The update summarized in this report was conducted with the same goal. Specifically, it has considered the recommendations that were made in 2001, evaluated how the conditions have changed and if the recommendations made still present the best solution. Central to this update was a parking demand survey, which was conducted by the Works Division of the Department of Municipal Operations. The survey counted the number of vehicles that were parked in on- street parking spaces. Comparing these findings to the findings of the 2001 survey, we have been able to determine that in the vast majority of areas that the alternate side -of -the- street parking restrictions are working as expected. Generally, the update found that for the overall Central Peninsula, on- street parking demand has declined from 2001, except for a small increase in weekday AM peak hour that is likely related to commuter demand. Specifically, this decrease is exhibited in the commercial and north residential areas, while the parking south residential area has increased. When the survey periods that typically exhibit residential behaviour were considered, some segments of streets were found to have high parking demands. 1.1ARDY .� Pr°ojectu: 8654 200 STIVENSON AND ASSc)ciNrEs 144 Residential Parking,Studv Update ofthe SairztJohrz Central Perzirzsula 17 These areas with parking pressures were identified in Figures 2 and 3. Some of the identified areas are near commercial uses which may be affecting the availability of parking. Since pressures were identified, more detailed consideration was conducted to determine if there was a problem with the RPPP. When each of the RPPP zones were considered, it was found that each had additional parking supply. From this it could be concluded that although some streets experience high parking demands, there is available parking nearby. Based on these conclusions it is recommended that as a next step a survey to identify the extent of commuter parking in residential areas continue to be conducted. If this further examination shows that there is significant commuter parking infiltration in the residential areas, than options such as increased enforcement, extensions of some of the RPPP zones, extending of the 2 -hour limit into the evening should be considered. Supplementing the survey of commuter parking demand, an update of the off - street parking survey should also be conducted. The difference in the number of cars parked on- street in the two halves of the month seems to indicate that parkers are finding alternatives to on- street parking when they need to. One of the issues raised at the public meetings (and a concern at the time of the original study) was that there seem to be people who have off - street parking available, but they park on the street. This finding was evident in the variation of parking demand between the first and second half of the month. While the policy of the Residential Parking Permit Program is not to give permits to those with off - street spaces, the program currently is a daytime only program and therefore doesn't influence the PM demand. If it is determined that people are using on- street parking facilities when they have access to off - street, an extension of the 2 hour limit later into the evening might help alleviate this problem. 1.l A R D Y .� Project u: 8654 200 STEVENSON AND ASK) 1NrEs 145 Resit eritial Parlcirig S'tzu v Update ol'the S'airitJohli C'eritr^al Periirisula Appendix A Summary of Parking Demand Survey 146 I A M Y V Y O m i Y O t r.+ O 2 LL C Q 0 Y L a b� o spa , 0 0 _ e �� `, 1 ➢�° Q e 0r its ?7 m �r y t ............ © �f V � L� y yl 4 A -O p P O 6 ny1 o �r Q vGO" �e f ti e m jr r �0 U OT a f eta . tinuNi I tr ) i ° g NAY �n O� aw�wrl J�P� a+i b �� lj a �� rte° qua �t giv1�;.�....li ¢ �� fiy � f o f� �� e�� gw 0�9wi4 °d jW o e L� ' Up �� , (� "`' '° f 'r m P f� l ur, 4 N �' ry N r� Q w, t n e ` ,�� 4 � p '10 y o -, �1J, re o f �% e e r� y 'e o � b a e 1 ry ec'o r � in mn lka �'j e n o 4- Y N O, v v�l O 1f O O YJjI 147 IQ e � � d y o w 0 l d i _ 0 8 0 J� I J A I A I tr ) i ° g NAY �n O� aw�wrl J�P� a+i b �� lj a �� rte° qua �t giv1�;.�....li ¢ �� fiy � f o f� �� e�� gw 0�9wi4 °d jW o e L� ' Up �� , (� "`' '° f 'r m P f� l ur, 4 N �' ry N r� Q w, t n e ` ,�� 4 � p '10 y o -, �1J, re o f �% e e r� y 'e o � b a e 1 ry ec'o r � in mn lka �'j e n o 4- Y N O, v v�l O 1f O O YJjI 147 Y V Y V 0 m t 0 A� W t 0 0 v CO C CD Y L a .0 eu o o J wow .. it r4 t r G w y � r � �/ r✓�^ 7 X14 �� o V rn o �1 wee .r w Jlum' a IL G l r r rr p„�,; „w, � .✓q fE h� © o �O ' qr NI � $ ?� �' �j �a a � �L �+ o eu 4 T �f+1e e'4 P •�i.�l Vhf � ({ r � e e � � l�r vi 4 6� '° I} - �(� r per '� 1p pr � r�, v v 7 r 4 e D �r Fk� im a'� � o v i a P rc r M "eos oil, 0 ve a Vt r r � �y j -1� . r 1 xn vS� J 6 e J w 1 p m wa w ri u-+eo 7 ° I Jy {r e J? 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CfJ Cn CO j CfJ ) d d -0 [r1 C IZD 12 d Q m i [� co m N 03 ill a C CfJ :3 0) N � 6 _ C7 L N N C p N U1 2 co a _ co C + O L N CY C C N C) C C 03 U U CA O_ N � N N W y C (6 € N C E � R CD N d Y W _ d a d 0, 10 2 J O a 155 N y-+ O Z Resit eritial Parlcirig S'tzu v Update ol'the S'airitJohli C'eritr^al Periirisula Appendix B Minutes of the Open Houses 156 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda MEN Discussion of Parking in the South/ Central Peninsula Wednesday March 11, 2009 Church of St. Andrew and St. David 164 Germain Street Saint John, New Brunswick Time: 7.00 — 9.00 pm These notes are a compilation of questions, comments, ideas and advice received during at a community discussion held on Wednesday, March 11t1l, 2009 regarding parking in the South Central Peninsula. The following political representatives were in attendance: City of Saint John Councillor Titus, Chair, Saint John Parking Commission Councillor Carl Killen, Ward 3 Councillor Donnie Snook, Ward 3 The following staff representatives were in attendance: Saint John Parking Commission Mr. Richard Smith, General Manager, Saint John Parking Commission Ms. Laura Crandelmire Communication SJ Ms. Julia McGuire, Communication Officer City of Saint John Mr. Shayne Galbraith, Director of Public Works, Municipal Operations Mr. Craig Campbell, Senior Planner, Planning and Development Department The following consultants were in attendance: Mr. Andrew Brown, Vice President, LEA Consultants Dave Hardy (facilitator), Principal Elizabeth De Luisa (note - taker), Planner and Manager of Planning, Atlantic Canada There were nearly 60 members of the public in attendance Introductions Dave Hardy from Hardy Stevenson and Associates Limited (HSAL) introduced himself as the facilitator. He initiated the discussion by stating that good planning and programs require a review every few years. This allows people who designed parking programs to think about what is working — if the programs are working they can be assured that they are on the right track. It also allows staff to identify areas that might be improved. Evaluation processes are most effective when input is received from residents and businesses. The comments of the people participating tonight are particularly important as they are the people to whom the parking and snow removal programs are intended to serve. 157 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda Dave thanked residents for spending an evening talking about parking. He then turned the meeting over the Councillor Titus. Councillor Titus also added words of welcome. Dave introduced staff and consultants. He described the format of the meeting, which included a presentation and community discussion. Presentation In Mr. Brown's absence (Mr. Brown joined later in the meeting) Mr. Craig Campbell described background research and earlier studies leading to the current alternate side of street parking practice. Mr. Campbell explained that the current alternative side of the street parking system had its origins in a `Solutions Committee' representative of Central Peninsula residents, landlords, community groups, business owners and municipal staff. This group worked to define the problems occurring at that time, identify possible solutions and determine the best solution. Alternative solutions were presented at 2 open houses. During the 2002 -2003 study, LEA Consulting undertook a series of surveys on the on- street, private and public areas in the Central Peninsula, which provided basic information for the Solutions Committee. LEA Consulting and HSAL later produced a final report. Mr. Campbell went on to explain that, according to the research initially conducted by LEA Consulting, the ratio between Residential Parking spaces and Households was considered adequate. However, there are "friction areas" which were found to be the residential areas close to the commercial areas, where workers and shoppers parked for extended periods of time. Mr. Campbell highlighted the snow removal and residential parking permit program recommendations of the LEA and HSAL report. The current system of Alternate Side -of- Street Parking, Mr. Campbell explained, was the best solution as it struck a balance between optimal use of off - street parking areas, retaining convenient parking for residents, and allowing for one side of the street to be maintained once every two weeks. Questions of Clarification Several questions were asked after Mr. Campbell's presentation. One resident asked how the number of off street parking spaces was determined and suggested that those residents with off street parking should not be given an on -street RPPP. Mr. Campbell stated that that data was obtain by the consultants via a survey of residential owners who volunteered the information. Another resident asked about the cost of the Residential Parking Permit Program. Mr. Smith stated that the RPPP is $30 /year which has been reduced from $60 /year. A question was asked about the total annual revenue from the RPPP. Mr. Smith explained that the revenue varied from year to year but it average $16,000 to $18,000 a year. The money goes into General Saint John Parking Commission Revenue and is used for grass cutting maintenance in the areas where SJPC applies the RPPP. A resident asked about the influx of workers from outside the city who park on the street during work hours. Mr. Campbell stated there is no current data about these people. Mr. Smith spoke of enforcements and stated that the `No Restriction' areas require further examination as many non -city residents occupy on- street parking spaces. The resident suggested that the total cost of the RPPP could be borne by the outsider user. Clarification on the Visitor Parking Permit was given to a resident by Mr. Smith who explained that the permit is available from the SJPC for a fee for a 2 to 4 week period. The final question asked was why the City doesn't restrict the entire south end parking for south end residents? Mr. Smith explained that the SJPC gives special attention to the residents but it also needs to give consideration to other users. 158 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda Presentation Mr. Shayne Galbraith provided an outline of how the 2002 -2003 LEA and HSAL recommendations were implemented. He also provided an overview of the winter snow removal conditions since 2003. According to snow accumulation data, this winter is one of the most sever with 9 Snow Bans issued year -to -date. Mr. Galbraith explained that the current overnight ban procedure is effective as it improves snow service and reduces equipment required. He explained that with every ban, there is significant municipal effort requiring the services of Police, Saint John Parking Commission, Municipal Operations and Engineering and towing companies and that for each snow ban Public Communications and Notifications are expensive. He explained that there is always a lot of competition for parking in the Central Peninsula. Constant requests for new parking and snow clearing is always a challenge with the question being what the off - setting measure is that will improve the situation. Mr. Galbraith concluded by stating that the current winter service plan is under review as is the Central Peninsula On -Street Parking program. Discussion Alternate Side of Street Parking Most residents were in favour of the current system and stated that the old procedure is no long suitable. One resident pointed out that the current system is simple and understandable. Several residents said that if `tweaking' needs to occur, there might be research done on whether alternate side of street parking should occur throughout the year. Enforcement Several residents stated that there are many who park on- street, both day- and night -time, without a valid parking tag, and in some areas, park on both sides of the street, but are not ticketed. They feel that enforcement of the by -law needs to improve with consistent ticketing. Others stated that it was sometimes difficult to remember the boundary of zones which usually resulted in a ticket. The issue of inconsistency of ticketing was repeated. One resident stated that the system was unfair for people with no off street parking spaces and that a courtesy notice would help remind people to move their cars rather than tickets. One resident asked about the enforcement revenue collected by the City. The SJPC did not have that information readily available but stated they would tally the data and make it accessible. Parking Bans Residents were generally happy with bans stating that they are working. While one residents wasn't sure about how the bans were advertised, the majority of residents felt the bans were well advertised throughout the community via a number of different mediums. One resident questioned whether an all winter ban is required and if there may be another and more efficient method overall. However, residents stated there was some confusion about what bans mean. Some interpreted bans as meaning cars removed from the streets to allow for snow removal vs. snow push back. It was suggested that the snow ban terminology be better explained to residents since some stated confusion with the service they 159 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda believe is to occur during a snow ban. Several residents asked why their streets were not being plowed during a snow ban. It was stated by one resident that the current system does not accommodate shift workers. Their non traditional work hours make it difficult for them to meet the time deadlines and move their cars and avoid being ticketed. Snow Removal Residents said the snow removal process was generally good but that the SJPC should look into ways to better execute the program. Snow removal equipment was stated to be seen on certain streets many times on a given day either plowing repeatedly when the roads were already clear or passing by with plows up. Residents on other street report that snow removal equipment is rarely or never seen on their streets and their roads and sidewalks are nearly impassable. It was questioned whether all roads were given equal consideration, whether drivers were following the snow removal plan or whether the number of plows was adequate. It was suggested that turn- around process and times for snow dumping be reviewed to determine operational improvements. The sidewalk clearing process was discussed and many stated that the conditions are unsafe. Residents felt that sidewalks were not properly cleared and not cleared quickly enough. This makes many sidewalks slippery and /or impassable thus forcing people and school children to walk on the streets and children to embark and disembark from the bus on the street. It was also expressed that improperly cleared sidewalks also pose a problem for seniors and disabled residents. A resident commented on tidying up activities after the initial snow plow activity. She expressed concern over snow accumulation at street corners as it resulted in a loss of a parking space. Another resident observed equipment idling and suggested that the turn around process and times for snow dumping be reviewed to see if there can be operational improvements. Adequacy of Numbers of Parking Spaces A resident discussed the impact of continued residential development in the Uptown. The resident stated that infill housing is approved without the required number of parking spaces and these variances could result in greater demand for on street parking. It was suggested that a strategy is required to deal with the increase of infill housing and the related demand for parking and municipal operations. There was a discussion about the availability and cost of building dedicated parking. Where the cost of parking is not included in the rent, rental property owners can offer parking to their tenants in a dedicated lot, as an option. Since the monthly parking fee is considerably higher than the SJPC on- street annual fee, rental residents do not purchase a parking space at their building but rather occupy a more affordable on -street parking space. It was also stated that unavailability of on -street parking limits the ability of apartment owners to attract tenants. "Art of Parking" Comments One resident stated that some residents do not know how to park properly, or in other words, lack the "art of parking ". One resident mentioned the safety issue of on- street parking encroachment on private driveways. The Motor Vehicle Act stipulates a minimum of 3 meters from a private driveway, but when on- street parking is in violation of this minimum, the violator is rarely ticketed. Another `art of parking" issue mentioned was I e1 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda one vehicle taking up two on- street spaces and cars parked away from the snow bank thus encroaching onto the street space. Under utilized back yards which could be used for parking was raised as a current situation that increased the demand for on street parking but that, if used differently, could alleviate some of the pressure to provide more parking spaces. Urban Design Issues Residents talked about urban design issues that influence the need for on- street parking including the need to enhanced bus service throughout the City. Better bus service would reduce the use of cars and thus need for parking. A comparison was made to large urban areas that develop underground parking areas to service residential areas and that that option should be considered in Saint John. It was also suggested that any new residential development should not allow parking variances that result in fewer than the minimum number of parking spaces, and that the opposite approach of requiring a minimum of 150% parking spaces to rental units be considered. Comments Relating to Specific Streets There were a number of street specific concerns which are mentioned below. Princess Street Residents were concerned about the state of the roads and sidewalks around the daycares in their neighborhood and that the children have had to walk on the streets because the sidewalk(s) have been impassible. This area requires more attention to improve safety conditions. Pit and Crown Streets Traveling on Pit Street and other sloped streets, when improperly cleared of snow and ice and merging into the heavy truck traffic Crown Street makes this intersection very dangerous. Orange Street It was suggested that Orange Street needs better signage to indicate its one way status. This signage may improve traffic flow in the neighbourhood. Also, snow is not pushed back completely making it dangerous for children playing and getting on and off the school bus. The street corners are packed with snow and reduce visibility for both drivers and pedestrians, and given that adults and children now need to walk on the street given the sidewalk conditions, residents are worried about their safety. Pagan Place Snow removal was stated to be a problem given the narrow width of the road, and one resident personally brought in special equipment, a backhoe and bobcat, to clear the snow. It was said that due to snow accumulation along both sides of the street, on street parking spaces were almost non existent and residents were parking on both sides of the street. One resident noted that it appears the North -South streets are cleared more often and completely than East - West streets and wondered why this was. Comment Forms Mote Resit eritial Parlcirig S'tzu v Update oftlie S'airitJolin C'eritr^al Periirisula Twenty -five comment forms were returned to the Saint John Parking Commission. The following is a summary (attached) of comments, but note, that not all respondents answered all questions, thus resulting in varying totals. —The meeting adjourned at 9.00pm- 162 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda Saint John COMMUNITY DISCUSSION � N(W"9 Parking in the South / Central Peninsula Commission Wednesday March 11th, 2009 COMMENT FORM We want to hear from you! Please help inform this study by answering the following questions: 1) Based on what we've discussed this evening do you feel there are changes required to how parking, parking permits, street sweeping and snow removal are being administered? (Please check � the appropriate response.) 21 YES 2 NO 2) If yes, are these changes: 11 Minor parking changes along some streets in the South /Central Peninsula? 5 Major city -wide changes in parking? 4 Minor adjustments to parking permits and parking enforcement? 4 Major adjustments to parking permits and parking enforcement? 3) DO YOU THINK THE FOLLOWING SYSTEMS ARE WORKING? RESIDENTIAL PARKING PERMIT PROGRAM: 16 YES 3 NO Summary of Comments: Happy with program Need for enforcement including removal of cars Consistent ticketing 24 -7 Removal of cars parked in front of the fire hydrant as well as cars parked in two spaces. Residents should not have to pay for parking or be issued tickets given that they already pay taxes. Need to clear east -west main thorough fares as well as clearing snow to the street curb. Why the need for zones and why can't residents park wherever they want. Can permits could be purchased on -line? ALTERNATIVE SIDE OF STREET PARKING: 19 YES 7 NO Summary of Comments: Many voiced their support of this program stating it was working. Need to properly clear snow within 24 hours of a snow fall. Practice of merely pushing snow to the curb and onto the sidewalks is causing problems making street impassible on switch over nights. Implementing it only during the winter months and throughout the entire City, ensuring that everyone has a parking permit, and considering implementing it from June to September to accommodate the Tourism Industry. 163 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda 30[6]N:f : • ,40 Ira" wsa,461 Summary of Comments: Certain streets are not cleared properly or quickly enough and that when a ban is called, snow should be removed. What does a `snow ban' mean for residents? There needs to be proper equipment and enforcement. Safety and mobility issues is a concern for seniors to move their cars and walk several blocks in the dark and on slippery sidewalks and /or roads. The snow ban time frame is not conducive to shift work. Removing snow ban as the practice is not `green' given the snow is trucked considerable distance. STREET CLEANING: 15 YES 3 NO Summary of Comments: When it's done, it's done well, but more of it is needed and in a consistent manner where all streets are cleaned in summer and cleared in winter properly thus ensuring safety and accessibility. Britain Street seems to pose a problem especially for snow clearing /removal because of its narrow width and plows are unable to pass through. SIGNAGE: Summary of Comments: There is plenty of signage. There isn't enough signage New signage is a waste of money. 12 YES 2 NO METERS AND PARKING ENFORCEMENT: 10 YES 2 NO Summary of Comments: Need for consistent enforcement and the need to address on street parking practices that block private driveways. 4) ARE THERE OTHER MATTERS THAT NEED TO BE ADDRESSED? Importance of clearing snow from corners, intersections and sidewalks to improve convenience and safety. Loss of parking lots to new residential construction and the impact of parking variances. Additional small parking structures should be constructed to address the shortage of parking. The 1990's system was more efficient. Opposed to permanent overnight bans. 164 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda Saint John COMMUNITY DISCUSSION � Nang Parking in the South / Central Peninsula Cornmission Wednesday March 11th, 2009 EVALUATION FORMS Twenty -two evaluation forms were submitted and the tally and summary are provided below. EVALUATION FORM We want to hear from you! Please check the boxes that appropriately describe your views. 1) How would you rate the following? Excellent Very Good Good Fair Poor Very Poor Overall Discussion 6 8 5 1 0 0 Facilitation 7 8 3 1 0 0 Venue 3 11 3 2 0 0 Presentations 2 7 7 3 0 0 2) The information provided was informative. Strongly agree Agree Somewhat agree Not sure Disagree Strongly disagree 0 14 7 0 0 0 3) The community discussion lived up to my expectations. Strongly agree Agree Somewhat agree Not sure Disagree Strongly disagree 1 13 5 1 1 0 4) If you could change one aspect of the community discussion, what would that be and why? Four comments were received and included the suggestion for small break out groups to discuss ideas; limit floor comments to 2 minutes; representatives should be better prepared to respond to all questions; and the `chair' should reflect the words of the person in the audience during a discussion or ask them to speak up, otherwise you only hear half the story, but this improved as the evening progressed 165 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristrla Appendix 1 Brief submitted by Judith Meinert- Thomas PARKING ISSUES IN THE CITY CENTRAL /SOUTH PENINSULA As a resident of the city central /south /peninsula part of the city, I am quite interested in this issue as I have had to use the streets for parking for the last five years. While there are many benefits of the system as presently in force (consistency, snowstorm parking, convenience, street cleaning, inexpensive yearly fees for a parking tag), I believe the time has come for a review of the by laws for on- street parking in this area. I am happy that Councilor Carl Killen has asked for a review after several years of the current system being in use. I think the city did a commendable job in establishing the present legislation for parking as the old system was simply not working and led to a mish mash of neighbourhood inequalities as far as parking was concerned. Although the newer system is more efficient I would like to point out some areas where it is deficient. Many people park in the daytime far past the two hours permitted for non - residents or for people who do not have a valid parking tag. On any given street, at any given time of the day, there may be vehicles parked on both sides of the street in the restricted area. Rarely, if ever, are these vehicles ticketed. The big violators are delivery trucks or work vehicles who may park for two to three hours which make driving on narrow streets difficult. Often the violators are ordinary people who are ""running errands ", ""just visiting ", or ones who ""don't know the rules ". And they go unticketed. At night it appears that some parked vehicles do not have the required tag which signifies paid up permission and they are seldom ticketed. Magically, on crossover days in the middle and end of the month, they disappear for a day or two. Some people definitely need instruction in the art of parking! Often, where there is space for two, three or four vehicles, people will park so that other people find it difficult to park without intruding on driveways or fire hydrants. It is my opinion that many backyards that can be used for parking are under - utilized. Is there any way to have people open these spaces for off - street parking for tenants? Parking bans in the winter are well publicized through local media and the internet so I do not have a lot of sympathy for those people who complain about not knowing. The city provides the required parking area while snowplowing takes place so we can't have it two ways: Do we want the streets plowed after a snow storm? Or do we want to stay on the streets with plowing done haphazardly? And I say that after having been ticketed for not being aware of the street cleaning one night. It was no one's fault but my own. Is there a good reason that we have to switch sides all year? I can understand it for the winter months because of snow pileup but from April or May until mid - November we should be able to stay on one side of the road. It could be said that everyone has a view as to which side of the street is best for parking; that is, which side has fewer driveways and therefore, more parking spaces. That side could be the designated side for most of the year, for purposes of the previous suggestion. Some people are advocating returning to parking on both sides of the street where space permits, e.g. Broad, Wentworth, and /or Carmarthen Streets. I am not sure � Ie Resit eritial Parlcirig S'tzu v Update ofthe S'airitJohli C'eritr^al Periirisula how this would play out in the neighbourhood as it is a universal prohibition about two -side parking and is equitable and fair to all. Although strictly speaking plowing does not fall under the Parking Commission jurisdiction, how does the system of snow removal, as opposed to snow plowing, work, and how are priorities established? Right now there is so much snow piled up outside our door and on both sides of the street, parking and driving and walking are becoming dangerous here in the Central/ Peninsula zone. Some of the signs that mark the boundaries for parking at corners are set so far back from the corner that a whole parking spot is wasted. I know that the reply to this is so that drivers will have a clear view of oncoming traffic but our visibility is not improved by this, and there does not seem to be any consistency to the placement of signs. Thank you for the opportunity to make my points about our parking system in this part of the city. I love living here and I have been in this area of Saint John for over 25 years and I hope to continue being here for a good long time more. Judith Meinert- Thomas 231 Princess St., #1 Saint John E2L 11_2 167 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda MEN Discussion of Parking in the South/ Central Peninsula Wednesday April 8, 2009 Church of St. Andrew and St. David 164 Germain Street Saint John, New Brunswick Time: 7.00 — 9.00 pm These notes are a compilation of questions, comments, ideas and advice received during at a community discussion held on Wednesday, April 8th, 2009 regarding parking in the South Central Peninsula. The following political representatives were in attendance: City of Saint John Councilor Titus, Chair, Saint John Parking Commission Councilor Carl Killen, Ward 3 The following staff representatives were in attendance: Saint John Parking Commission Mr. Richard Smith, General Manager, Saint John Parking Commission Ms. Valerie Judge Communication SJ Ms. Julia McGuire, Communication Officer City of Saint John Mr. Shayne Galbraith, Director of Public Works, Municipal Operations Mr. Craig Campbell, Senior Planner, Planning and Development Department The following consultants were in attendance: Dave Hardy (facilitator), Principal Elizabeth De Luisa (note - taker), Planner and Manager of Planning, Atlantic Canada There were nearly 50 members of the public in attendance Introductions Dave Hardy from Hardy Stevenson and Associates Limited (HSAL) introduced himself as the facilitator. He initiated the presentation by asking residents to review the minutes of March 11th for acceptance. New attendants were asked to identify themselves and Dave gave an outline of the purpose of the study. Dave then highlighted the purpose of the evening's discussion by framing the presentations within the origins of Councils request to the Saint John Parking Commission to determine whether a review of the current system is required and if so, the scope. He then gave a brief overview of the evolution of the Residential Parking and Snow Removal Plan for the Central Peninsula. The goal of the evening, he stated was to evaluate the operations and for residents to further share their ideas. He shared the results of the March 11f meeting and stated that there was general support for the RPPP and that the ideas and comments shared are being considered by SJPC. The goal is to improve the livability of the Central Peninsula to ensure there's a good quality of life for residents. I Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda Dave stated that the parking survey is complete and data is coming in and will be examined, that there are areas that the presenters can respond to directly and others that will require more time to consider. He outlined the presentations by the three presenters and the rest of the agenda. There were no other items requested to be added to the agenda. Dave encouraged the audience to question the presenters. Dave asked about the minutes: The brief by Judith Meinet- Thomas was not included as indicated. The brief will be included. The minutes were then accepted. Presentation 1® The Snow Plan: Shayne Galbraith Shayne described the Snow Plan and explained the winter response procedures. He also talked about the execution of the snow plan, the method by which the City communicates snow plans and the safety of sidewalks. The Snow Plan: Shayne explained that it is a comprehensive and continually evolving. The Snow Plan services various zones of the City within set priority routes. Winter Response: Shayne detailed the two -day (and beyond) winter response procedure for both streets and sidewalks and the difference between the responses for each. Priority Routes: Shayne showed a map of the Street Priority Routes in Central Peninsula and the sidewalk route s. Winter Ban: The sequence of operations was described. Shayne also described how the snow ban is meant to accommodate alternate street parking. Public Communications: The various methods of informing the public were detailed by Shayne. Execution of the Plan: Shayne explained the difference between the Priority Routes and the need to keep Priority 1 and 2 routes open at all times because they are either emergency routes or heavily trafficked routes. Safety of Sidewalks: Shayne shared the complexity of maintaining sidewalks this winter. He acknowledged the importance of safety. The Department is examining ways to improve the mobility on sidewalks in priority City areas. He talked about the reprioritization of the streets and sidewalks which would reflect the priority of each area within the new 31 zones of the City. Current Plan Priorities: Shayne quickly highlighted the elements of the new snow removal plan. One resident reiterated the importance of schools as priority areas and pointed to many children who walk to church for the Chicken Noodle Club. This resident stated that she had to walk with the children on the street and that there must be a better way to link the church to schools. There are nearly 80 to 100 children who I.• Resit eritial Parlcirig S'tzu v Update oftlie S'airitJolin C'eritr^al Periirisula regularly walk this route. Shayne agreed that more attention is needed to be given schools and that would be a priority in the updating of the next plan. One resident asked about the number of sidewalk routes. He stated that this winter's conditions of snow, ice and rain created treacherous conditions and that snowplows would actually make icy conditions worse. He asked whether there is a method to solve the problem of snow removal equipment that doesn't make the sidewalk more dangerous and impassable. Shayne stated that there is no method that could have been employed this year. More sanding would require more plowing. Another resident acknowledged resources are an issue but that snow should be cleared and better removed and if that requires more resources, then we should request it. Another resident stated that enough can never be done and that snow plowing and removing operations were satisfactory. Another asked the mileage per tonne. Shayne did not have the data on hand. He then asked if the City is being prevented in dumping snow on the Atlantic Sugar site. Shayne stated that the future development potential restricts dumping snow on that site. The resident stated the more local dumping the more efficient it will be. The question was asked whether anyone evaluated the plan and whether there is a `plan in the plan' if every street is suppose to be cleaned in the winter. The resident said that Queen Square South has not received snow removal this year. Shayne confirmed that and stated that snow was push backed. The resident stated that surface melt stimulates a response from the City but not snow removal. Another resident observed that the trick is to beat the snow, to be pro- active and clear the snow during the storm, not after the storm. Richard talked about enforcement and the difficulties in the past relating to enforcement and that with a full staffing, this issue could be addressed. Richard stated that there are 7 staff who work at 4:30 a.m. to 1 p.m. The SJPC has to choose between parking meter violations and other violations and that a full complement of staff should hopefully balance this. Richard stated that the RPPP is always changing and that those changes are to benefit quality of life for residents. The Parking survey has just been completed and this data will be examined against the previous data but more time will be required to fully understand the information. He then provided information about the RPPP. Richard talked about the Zones within the Central Peninsula and stated that the SJPC is considering changing the implementation of C and D to accommodate their proximity. One resident reminded Richard about a question he felt required an answer from the first meeting about revenue from the RPPP. The resident opinioned that the data should have been provided. One asked is there is any consideration given to someone who holds a permit and movess Richard stated that certain steps need to be taken but they do not need to reapply. 170 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda One stated that the Paddock neighborhood loses some spots to commercial use and asked why the parking community lot is typically only a third full. The resident asked whether spaces could be used for residents. Richard stated that this lot is fully rented and it is up to the leasee to determine how they want to use the space. One resident has three vehicles, two for business and one for family and lives in a dwelling with two units. Richard stated the RPPP was intended for one vehicle per person. Richard asked participants for comments about the creation of a two hour parking limit throughout the entire peninsula. One resident asked about the use of marked spaces Richard said that marked spaces were tried but did not have enough success to implement again. This resident stated that some areas are always experiencing parking problems and asked if there was any way to remedy this. He also asked Richards's opinion about 2 hours zones for the Peninsula. Richard said that if the majority of people in an area wanted 2 -hour zones in an area, they would consider this. Another resident asked for clarification about 2 hour parking. Richard stated that it was meant to extend the hour zone and residents would require to purchase a pass for parking. Another resident wants to know about the revenue. She pointed to King Street East and the inadequacy of parking spaces. She also stated that her desire to purchase a home have been quashed because of lack of off street parking. Another asked about the parking lots in zones and A and B. Richard stated that they allow overnight parking but that cars must be removed by early morning as the lot is rented. Another resident asked about Tannery Court and the parking requirements there and the effect of the loss of the snow ban lot. Richard said that they are looking into this. Craig talked about the historic nature of the physical environment in terms of the area bing planned before there were automobiles. The importance of the area has been recognized and a lot of effort is invested to make it work. Craig talked about the policies that drive development and growth decisions. He stated the city is committed to ensuring quality of life that is shaped by Vision 2015 and other initiatives. The Growth Strategy will play an important role in the development of the community and will heavily rely on public input. A comprehensive transportation plan is expected to link uses to area and alternate methods of transportation. This was the end of the presentations. Dave Hardy then opened the floor for questions, comments and ideas for improvement. Questions of Clarification and Ideas For Improvement Charlotte Street: A resident stated more cars are parking on the street and asked why there can't be a deal made with the Provincial building to use the lot during the night. Richard stated that that may be a consideration to discuss with the Province. Two residents questioned variances allowing new buildings where the required number of parking spaces cannot be achieved and stated that zoning by -laws should be adhered to. 171 Resit eritial Parlcirig Situ v Update oftlie S'airitJolin C'eritr^al Periiristda One resident asked what she can do about a neighbour's snow clearing habits resulting in snow being dumped onto her property. Shayne responded that there are bylaws to prevent this and she should phone the bylaw enforcement officer. She also said there is more off street parking that is not being used. She also stated that those who live in a particular area that do not require parking permits while others do, is not fair. The program should be universal. Another stated that this winter was terrible. He picked up sand on his own and wondered if free sand boxes could be made available so that residents could take care of their property. Shayne said the city had to suspend free sand because of liability as well as contractors coming to fill up for convenience. Shayne talked the need to better enforce by -laws. The snow plan that is before council is looking at the City as a whole and that snow bans are being looked at for every city street with consideration given to the Peninsula. One resident talked about the usefulness of high -level City -wide planning exercises. Neighborhood plans are needed and the need for parking should be addressed in these documents and that the Growth Strategy is not necessarily the document that will address parking concerns. Another point made was parking at night is difficult to find. She lives on Duke Street and many cars she sees doe not have parking passes. One resident said that council should look at disposing of snow closer to where we live. Another resident said parking is issues because people from out of town utilize what the peninsula has little of Traffic calming on King Street East would force people from out of town be more respectful. Shayne was asked if the City looked into snow melting machines. Shayne said the machine have been looked at. One resident said these machines can be used on heat pumps and could be used in certain areas. Dave thanked the presenters and the residents because the issues and ideas shared have been very helpful. The next step is the writing of report and presentation to Council. Councilor Titus closed the meeting. He thanked the residents for their efforts and that the residential nature of the Central Peninsula should be acknowledged as we move forward. The Parking Commission will make decisions based on the recommendations made by the consultants. Comment Forms There were no comment forms completed after the meeting, but one electronic comment was received by the Saint John Parking Commission and is copied below. "Unfortunately I've missed the meetings regarding parking due to other commitments so I have not been a part of the process. I would like to suggest that during the winter months street parking be on the odd side of the street on odd dates, i.e. Jan. 3rd and on the even side of the street on even dates, i.e. Jan. 4th. Thank you for your time." —The meeting adjourned at 9.00pm- 172 Application for a Zoning By-law Amendment Demande de modification A* ParrW sur le zonage, Applicant Related Information / Renseignements sur le demandeur Name of Applicant/ Nom du demandeurc_36�L LMC�12(tu-a-( Ouk q1n, , "4,�,__ Mailing Address of applicant / Addresse postale du demandeur J9 n6nvtr-1 — Qw I Postal Code I Code Postal e5*� (S C A' s Telephone Number / Num&o de t6l6phone _N 9 -=3 1 Home / Domicile Fax Number / Numdro de t6l6copieur Work / Travail (039 — gD3 0 Nam of Property Owner (if different) / Nom du propri6taim (si diff6rent) Postal Code / Code postal Property Information / Ren seignemen ts sur la prop rifte Un4s I � �13 on {Moan . Location / Emplacement Lot-adea / Superficie du lot c� \ r- S ,� : # / No de voirie SU-W / Rue Street F504e- I Facade sur me E)dsting Use of Property / Utilisation actuelle de la propri6td _\(awml Municipal Plan land Use Designation D6signation de utilization des terres sur le plan municipal Amendment Requested / Modification demandke Present Zoning / Zonage actuel Change Zoning to / Modification du zonage A and/or / ou Text Amendment (indicate particulars) f Modification due tcxte (indiquez les d6tails) I I I 5C_ �* SC-2 zotle. 173 Development Proposal / Proposition d'aminagement Description of Proposal / Description de la proposition 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 ofall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devezfournir un plan du site a 1khelle illustrant votre proposition. Vouspoti-vezigalementfournir des pholographies, des plans de bdtiment, des dessins de plan d'ikv,ation et foute autrefonne de renseignement Le plan doit indiquer les dimensions de lapropri&6; 1emplacenzent de la totaijig des billiments; des allies, des sires de stationnemen4 des am:4Magements paysagers et des panneaux de 4nallsafto/L 17 est important dindlquerla distance entre les timites de to proprigm et Jes b6timents. Provide reasons why these amendments should be approved. / Fourrur tout autre renseignemenj conceMM votre proposition qui pourrait We approuv6cs. Provide any other information about your proposal that would be helpfid / Fournir toui-autre renseignement concernant votre proposition qui pourrait 8tre utile. Signature of Applicant / Signature du demandeur %, \r Date °A Jl� U-A n $400 Application Fee Enclosed / G-joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council. Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) SJ vous nTtes pas k propri6taire du terrain en question, veuillez ohlenir ]a signature du proprMlaire Bans la pantie ci-dessous La signature du proprietalre autonsant le fraitement de la pr6sente demande poyr que cette derni&e air F'Wltm .v. a LiuAffos 176 Played Out Fun Centre Summary for Zone Change Business Description Played Out Fun Centre isan owner operated limited liability corporation, located et Parkway Mail |n Saint John, NB. This new business is a children's entertainment centre that will offer indoor recreation and entertainment for families with young children ages I — 12 years old. This complex willoffer age specific structures for children to master through play. Am open concept allows the parent/guardian to remain in visual contact with their child un any of the play structures. Parents who wish to participate io play with their children can easily doso. The largest structure has the play capacity of95 children and extra large tubes, slides, and height that will accommodate the size of an adult. Children age two tofour will have their own structure of a play capacity of 20 suited for their size and physical ability. Three large rooms will allow for birthday parties, family reunions, functions, and school fundraisers. Healthy snacks and beverages will be offered from a small kitchen with eating area. Anmorming preschool from 9:0Klarn-11:30arn will have a curriculum design to promote the development of lifelong skills in language, math, communication, social skills, creativity and imagination. Set ina loving and nurturing environment. Small groups of eight will allow for children toreceive personalized instruction and guidance from a teacher licensed in early childhood education, and the entire preschool program will be run and directed 6xa teacher with a degree in early childhood education. A physical fitness program through play will be available 6v means of the facilities play structures which focuses on reaching developmental milestones. Lots of fun and peer interaction, special events tu which parents are invited and encouraged 1oattend. Market Through local analysis 6v means ofa paper survey, vve have determined that there isen market of young families and children not currently being serviced by adnan, safe, fun indoor facility in which to enjoy qua|itytinneoaofammOymnqua|ityp!ayytruc±ures. Statistics Canada shows apopulation oƒ54G2 children aged Q-4/m the city uf Saint John. New Brunswick department of social development has recorded on their web site 1731 spots that have been approved in licensed child care facilities in Saint John. Which is why an additional 40 preschool spots provided at Played Out Fun Centre would be greatly needed in the community. Played out Fun Centre will bea facility catering specifically tochildren 1-12 years old, offering astpong activity mix mf entertainment, education, and physical fitness. 177 Early Learning and Child Care in New Brunswick Discussion Paper Quality early learning and child care opportunities are important if New Brunswick is going to be a self-sufficient province by 2026. Today's youngest citizens will be the first generation to become adults then, reaping the benefit of the self-sufficiency strategies we put in place today. But these children need to be ready. Our young children are the future of the province and in order to maximize that future, we must work together to develop a long-term plan for early learning and child care - one with ambitious goals and expectations. It is hoped that parents, early teaming and child care professionals and service providers, and other interested persons will contribute to the development of this plan and develop a shared understanding and approach to providing the best early learning and child care opportunities for the province's young children. This consultation is a way for your voice to be heard as we develop the early learning and child care plan. This discussion paper describes where we are today, lays out future challenges, and asks questions about next steps. But we need your input to the following questions if we are to develop a long-term plan that helps New Brunswick's young children to be ready for the exciting future that awaits them: • How do you think the quality of early learning and child care services in New Brunswick could be improved? • How can accessibility of child care services or early learning services in New Brunswick be improved? • How can the affordability of child care in New Brunswick be improved? The imnortance of aualitv early learnine and child care More than ever, societies around the world are focusing on improving the quality, affordability and availability of early learning and child care services. This is due in part because more mothers are working than ever before, but is also due to the fact that research tells us that young children learn when they play, and when young children participate in quality activities that support that play, they arrive at school ready to learn. While traditionally, parents focused mainly on the safety and security of their children in child care and early learning settings, now they are also assessing the quality of that care so that it benefits their child's overall development. Many families use one or more early learning and child care arrangements (day care center, family day care home, half-day preschool program, family resource center) at some point during their child's first five years. It makes sense then that a child's behaviour, social and communication skills are influenced both by their parents and by the time they spend in these types of learning or child care environments. This highlights the need for these early experiences to be positive and of high quality. When they are, a child is much morp likely to make a smooth transition to kindergarten, enjoy learning and continue to succeed in school and in life. 178 How is guality defined? Research tells us that high quality child care should include: ❑ Age-appropriate programminglcurriculum and activities. High quality programming nurtures children's sense of well-being and belonging; encourages exploration and play; promotes healthy language development; and promotes respect for themselves and others. It should be responsive to children's changing needs, interests and abilities, and build on their strengths. ❑ &aff qua / iflcations and training. Staff training in child development and/or early childhood education is an important factor in the quality of care for a young child. Staff must be warm and emotionally engaged with children but also have the necessary knowledge, skills and abilities to stimulate their overall development. Children benefit from consistency in their relationships with caregivers so quality is also improved when staff working conditions and wages are at a level that fosters good morale and low turnover. ❑ Appropriate staff to child ratios and group size. Lower staff/children ratios and smaller groups contribute to increased and improved interaction between children and adults, less aggression and antisocial behaviour, and better cooperation among children. ❑ Healthy and safe physical environment. The quality of the physical space and the program materials available to children affects the involvement of the children and the interaction between children and adults. A safe and healthy environment is essential in order to prevent illness and accidents and educate children on safe and healthy choices and practices. A snapshot of eariv learning and child care in New Brunswick Trends in child population, mothers' labour force participation and parental choice all play a role in assessing the need and demand for early learning and child care services. The provincial government, through the Day Care Services Program, licenses and regulates day care centers, family day care homes, preschools and after-school programs. Home-based child care settings with small numbers of children are not required to be licensed or regulated by government. At the end of March 2007, there were 432 regulated child care facilities in the province and 14,170 regulated spaces. ❑ 5% of regulated spaces are available for infants, 49% are for preschool children and the remaining 46% of spaces are for after-school care. ❑ Of all regulated facilities, 89% are day care centers and I I% are family day care homes. 19 179 ❑ 58% of regulated facilities provide services in English, 30% provide services in French, and 12% provide services in both official languages. ❑ 65% of regulated facilities are private businesses and 35% are not-for-profit organizations. ❑ There are 2,263 employees in licensed child care facilities, 25% of whom have their early childhood education certificate. In New Brunswick, there are an estimated 46,000 children under the age of six. ❑ Roughly 55% of these children live in urban areas and the remaining 45% live in rural New Brunswick. ❑ Seventy three (73%) percent of mothers of these children work outside the home. This translates into 33,580 preschool age children who require care. ❑ Regulated child care spaces are available for 23% of these preschool age children, the remaining 77% are in other child care arrangements, such as being cared for by an extended family member, a nanny/babysitter or in a small home-based setting. ❑ 58% of regulated facilities provide services in English, 30%, provide services in French, and 12% provide services in both official languages. ❑ 65% of regulated facilities are private businesses and 35% are not-for-profit organizations. Current supports for ea. Ul learning and child care In order to make the best possible decisions for the future, it is important to take stock of current supports for early teaming and child care: The Quality Improvement Funding Support Program offers financial assistance to regulated childcare facilities for staff wage increases, professional development opportunities, and for the purchase of equipment and materials. Almost 97% of the province's regulated child care facilities have applied for and received funding through this program. ➢ The average provincial hourly wage for child care staff working directly with children who have an early childhood education certificate has increased from $7.04 per hour to $13.49 per hour. ➢ The average provincial hourly wage for child care staff working directly with children who do pot have an early childhood education certificate has increased from $7.04 per h6ur to $10.53 per hour. 3 NO$ • Over 147 child care workers were able to complete their early childhood education certificate. * 120 child care facilities across the province have participated in the Opening the Door to Quality Child Care and Development Program, a joint initiative between Government and the New Brunswick Association for Community Living that help child care facilities enhance their ability to support all children, including those with special needs. * A new Quality Improvement Assessment — Day Cares tool has been developed to assess the quality of regulated child day care facilities across the province. • New Anglophone and Francophone Curriculums for Early Learning and Child Care are being developed by the University of New Brunswick and I'Universitd de Moncton to assist child care staff in offering developmentally-appropriate and stimulating programming for children in regulated child care facilities in the province • The Day Care Assistance Program and the Alternative Child Care Program provide financial assistance to parents to offset the costs of child care. Under the Day Care Assistance Program, day care subsidies are available to parents with children in a regulated child day care facility. The Alternative Child Care Program provides a subsidy for private child care in communities where there are no regulated day care facilities or in instances where evening and weekend care is required. Over 3900 children benefit from this program annually, Challenges for the future While considerable investments are being made in improving New Brunswick's early learning and child care services, there remain a number of challenges: ➢ Improving the availability of services for families who need non-traditional care (part- time, evenings, weekends) or infant care - There is sometimes a mismatch between the type of spaces that are available and the type of care parents require. Families who work shift-work have difficulty accessing regulated care for their children during non- traditional work hours such as evenings and weekends. Families in rural New Brunswick have difficulty finding regulated child care, as do families with infants. Ensuring that children have access to high quality programming and early learning opportunities regardless of whether they are at home with their parent, whether they attend a day care center, a family day care home, or a neighbourhood preschool )0o Improving the training and on-going professional development of staff in day care centers and family day care homes. High quality programming is not a "one size fits all" approach to working with children but is age appropriate. In order for the programming to be delivered effectively, staff must be well-trained. They must understand the theory but must also be able to pick up on cues from the children, understand their unique learning style and ability, and respond accordingly. i ". Where do we go from h�re? In developing a long-term plan for the future it is important to sustain those initiatives and supports that are currently serving young children and families well, and ensure that future investments build on successes and address outstanding challenges. 182 Our government is focused on achieving self-sufficiency for our province by 2026. If we are to achieve our goal, we must work together to ensure our population is healthy, well educated, able to participate fully in the labour force and contribute to and benefit from the province's economic prosperity. We have To start with our youngest members of society and do everything to support New Brunswick families in raising healthy, happy, and curious children. The path to self-sufficiency is profoundly tied to the education of our population. We have already begun to transform New Brunswick's education system. The health and well-being of our population is key to achieving our goal, and we have developed a new health plan to guide us in developing a first-class health care system. Our wellness strategy and public awareness campaign focus on helping parents and children develop a positive attitude toward healthy lifestyles, and these initiatives will move us forward in becoming a leader in the promotion of wellness, and healthy living. The most significant influence on our future success begins in the earliest years. The quality of a child's care and learning experiences in the earliest years has a tremendous affect on the extent to which he or she will succeed. If we are to improve the educational achievement of all New Brunswick children, we must focus on the early years as a critical first step in building a strong foundation for a child's ongoing learning and development. Be Ready for Success: A 10 year Early Childhood Strategy for New Brunswick, is one of several interdependent and complementary strategies we have developed to focus our efforts and those of our business and community partners as we work together to achieve our goal of self-sufficiency. P 183 New Brunswick families want to feel confident that the care and early learning opportunities their child receives in the early years is of the highest quality. A high quality early learning and child care system supports the labour force attachment of the province's families and enriches the growth and development of children before they enter school. This government is committed to working together with our partners to ensure New Brunswick families and families interested in returning to or settling in the province have access to quality child care and early learning opportunities and resources that meet their needs and the needs of their children. Our commitment is reflected in this strategy. Investing in the early years is a priority for this government. But improving outcomes for children is a shared responsibility of parents, families, caregivers, communities and government. We look forward to a strong commitment and support from all our partners to support children in these important early years and set the stage for their success in school and in life. Shown Graham Premier City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bullet 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: Proposed Zoning ByLawwY Amendment — Day Care Centres and Schools Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, July 21, 2009 Tuesday, August 11, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc,) Section Headline: ❑ General Notice F-1 Tender ® Proposal IN Public Notice Sub- Headline (if applicable): Text: INSERT ATTACHE Call to Action: Elizabeth Gormley, Common Clerk/Greffiere con munale Contact: belly Tibbits Telephone: (506) 658 -2856 184 PROPOSED ZONING BY-LAW AMENDMENT RE: DAY CARE CENTRES AND SCHOOLS IN THE "SC" AND "SC -2" SHOPPING CENTRE ZONE 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, August 17, 2009 at 7:00 p.m., by: PROJET DE MODIFICATION DE L'ARRETE DE ZONAGE OBJET: GARDERIES ET tCOLES DANE LA ZONE DE CENTRE COMMERCIAL « SC >> ET << SC-2 >> Par les presentes, un avis public est donnd par lequel 1e conseil communal de The City of Saint John indique son intention de modifier I'Arr&6 de nonage de The City of Saint John, Tors de la reunion ordiaire qui se tiendra dans la salle du conseil le lundi 17 aout 2009 a 19 h, en apportant les modifications suivantes : Adding the following use to section 550(1)(a) and 1,'ajout de ('usage suivant a 1'alinea 550(1)(a) et a to section 551(1)(a): I'alinea 551(1)(a) : - day care centre or school" REASON FOR CHANGE: To permit day care centres and schools in the "SC" and "SC-2" Shopping Centre zone. 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. « - garderie ou ecole MOTIF DES MODIFICATIONS: Permettre des garderies et &toles dans la zone de centre commercial o SC >> et o SC -2 >>. Toute personne interestee peut examiner la modification proposee au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a 1'h6tel de ville situ& au 15, Market Square, a Saint John, au Nouveau- Brunswick, entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les fours feries. Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de to the undersigned at City Hall.. modification par ecrit a 1'attention du soussigne a 1'h®tel de ville. Elizabeth Gormley, Common Clerk 658 -4082. 185 Elizabeth Gormley, greffiere communale 658 -4082 Public Notice is hereby given (hot the Common Council ol'The City o(Saint John intends to consider amending The City of Saint John Zonji)2 13y -lift at its rc pilar meet ing to beheld in the Council Chamber on Monday, August 17, 2009 at 7:00 pniu, b.y: 0 6 Par les pr6sentes. un iris public est donne par lecIudle constil communal de The Cav of Sam( John inclique son intention LIC modifier I'Arrete de zonal-e do The City of Saint John, lors de In rcumon ordiriatre qui se ticadra dons to salle de, conseil le lundi 17 aufll 2009 19 h, on appooaw les modifications suivantcs Adding the following kise to sccuon 5501111i1 and to Uajjoul do I'risilg survitill a I'ahn&a 5500)(a) et. ii section 55 10 Xii): - I Fahliej 5510)(a'): ,I- day care centre of school" ,< -gafeleric ou ecolc » REASON FOR CHANGE I MOTIF DES MODIFICATIONS . To permit day care centres and schools in the "SC" Parrivitio des gardenvs et koles daps la zone dc and "SC-2- S�hcppllll- Centro zone I Centre commercial " SC )) ct v SC-2 }). The proposed amendment may be in6pcocel by an3' interested Parson at the Office of the Common CjerL or in the office of Planning and Do'clopment, Cily HaIL 15 Market Square, Saint loin, N R betwan tile hours of 00 a ill and 4:30 p.m., Monclak through Friday, inclasive. holidays excepted. Written Objections to the amendment may be sent to (be uadetiil-fled at City Hall. Elizabeth Gormley. Common Clerk 659-2862 Me Tow porsonne iw6ress& pout exananiter lit modification propos& au bureau du greMer communal ou all bureau de l'urbanisnic el du 6veloppoment a I'll4d de ville sitij6 all IS, Market Square. n Saint John, au Nou\eau-BAMSINIC�k, MR 8 h 30 et 16 1) 30 du Ili neb au vend rceli. saut, les yours f6rics. Vcuilloz faire part dc vos objoctiuns aii projo dc modilication par &rit A Fatiention du sousilglle IVA de ville. Elizabeth Gormley. grefUrc communale 65S-2862 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: ARRETE N- C.P. 110- ARRRA MODIFIANT VARRftf SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conscil communal, The City of Saint John a d6cr&6 cc qui suit : The Zoning By-law of The City of L'arr&& sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&t& le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par: I Adding the following use to Section 1 L'ajout de Fusage suivant A Palin6a 550(1)(a) and to section 551(1)(a): 5 5 0(l)(a) et A Palin6a 5 5 1 (1)(a) : I'- day care centre or school" (< - garderie ou &cole >> IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed pr6sent arr6t& le 2009, to this by-law the * day of *, A.D. 2009 avee les, signatures suivantes and signed by: Mayor/Maire Common Clerk/Greffi&re communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture July 30, 2009 Your Worship and Councillors: SUBJECT: Zoning By -law Text Amendment and Conditional Use Application - 212 McAllister Drive (Parkway Mall) On July 20, 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 July 28, 2009 meeting. The Chairman indicated that the date of the Public Hearing is scheduled for Monday, August 17, 2009, instead of August 11, 2009 as set out in the staff report. The applicant, Mrs. Tara Lund of Played Out Fun Centre Ltd. was present at the meeting and stated that she agreed with the staff report. No one else attended the meeting; however, one letter was received from the public and a copy is attached. The Committee discussed the letter received from the public, and the potential impact on the daycare /schools on beverage halls, clubs and lounges in the "SC" Shopping Centre zone. Staff indicated that day care /school operators can use their judgement to decide whether it would be appropriate to locate next to such establishments. In any event, Parkway Mall would not be affected as it has been excluded from this requirement. Separately, the Committee allowed the establishment of an amusement place for a children's activity centre at 212 McAllister Drive (also known as Parkway Mall). No additional terms or conditions are imposed. After considering the attached report and the applicant's presentation, the Committee adopted the recommendation as set out below: �.- -2- RECOMMENDATION: 1. That Common Council amend Sections 550 and 551 (relating to the "SU Shopping Centre and "SC -2" Shopping Centre zones) of the Zoning By- law by adding the following bullet point after the second Bullet Point of Sub- section (1)(a) of each of the sections: " - a day care or school" Respectfully submitted, Stephen Horgan Chairman NG Project No. 09 -275 I:• DATE: JULY 24, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 28, 2009 Nayan Gandhi, MCIP, RPP Planner SUBJECT: Name of Applicant: Played Out Fun Centre Ltd. Name of Owner: Tidan Inc. Location: 212 McAllister Drive (Parkway Mall) PID: 00304873 Municipal Plan: Regional Centre Zoning: "SC" Shopping Centre Proposal: To operate an amusement place as a children's activity centre and, subsequently a day care facility. Type of Application: Zoning By -law Text Amendment and Conditional Use JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 11, 2009. i•e Played Out Fun Centre Ltd. Page 2 212 McAllister Drive (Parkway Mall) July 24, 2009 The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a children's activity centre (amusement place) in the ",SC ' ,Shopping Centre zone. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend Sections 5.50 and 5.51 (relating to the "SU Shopping Centre and "SC -2" Shopping Centre zones) of the Zoning By -law by adding the following bullet point after the second Bullet Point of Sub- section (1)(a) of each of the sections: " - a day care or school" 2. That the Planning Advisory Committee allow the establishment of an amusement place for a children's activity centre at 212 McAllister Drive (also known as Parkway Mall). 3. That no additional terms or conditions are imposed. BACKGROUND: A similar facility to that proposed by the applicant has been allowed to be constricted at the Place 400 complex at 400 Main Street in North Saint John. Staff concluded that the proposed use was primarily a day care facility with recreational activities, as children are left by their parent for a long period of the day. As Place 400 is zoned "ID" Integrated Development, the use was permitted in that zone, based on what is approved for the site. The current proposal subject to this application proposes a similar facility to be located in two units at Parkway Mall at 212 McAllister Drive. Staff advised the applicant that a day care facility is not currently listed as a permitted use under the current zone for the property, and as such, the applicant would need to seek to amend the Zoning By -law (subject of this application). The applicant explained that she proposes a recreational facility for children in the immediate -term, and staff concluded that this part of the proposal would fall under the `amusement place' use as defined within the Zoning By -law (see below), as parents /guardians will be on -site at all times to supervise their children (i.e. therefore it is not a `day care'). An amusement place is a conditional use in the existing zoning for the property. As such, the applicant has submitted an application to amend the text of the Zoning By -law to allow for the day care facility in the relevant zone, and also an application seeking conditional approval to operate an amusement place in the meantime, whilst the text amendment is being considered by Common Council. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no comment. Buildings and Inspection Services has indicated that there are some Building Code issues currently being discussed with the applicant; otherwise there are no concerns. Saint John Fire Department has been advised of this application. in Played Out Fun Centre Ltd. Page 3 212 McAllister Drive (Parkway Mall) July 24, 2009 N.B. Department of Community Services has the following comments: The applicant was provided with information on day care operations, including an application for a Certificate of Approval to operate a day care. The applicant had informed the Department of her proposal to operate a children's activity centre in the meantime, and the Department informed the applicant that if parents remain on -site at all times, they can operate without a Certificate of Approval. In order to provide child care as per the definition of a Day Care Facility, all requirements stipulated in Regulation 83 -85 of the Fancily ,Services Act and the Child Day Care Facilities Operator Standards must be met. ANALYSIS: There are two matters to be considered: 1. The text amendment to the ",SC ' ,Shopping Centre and the ",SC -2 ",Shopping Centre zones in the Zoning By -law to allow for "a day care or school" as a permitted use; and 2. The conditional approval for the children's activity centre. As the first matter is not site - specific, it is dealt with first below. Consideration of Text Amendment to Zoning By -law The applicant is seeking to amend Subsection (1)(a) of the Sections 5.50 and 5.51 of the Zoning By -law, pertaining to the "SU Shopping Centre and "SC -2" Shopping Centre zones, to allow for a day care or school to be a permitted use in these zones. Principal Considerations of New Use It is not considered that the introduction of either of these uses would have an adverse affect on neighbouring properties so as to require any additional changes to the requirements of the "SU Shopping Centre or "SC -2" Shopping Centre zones, which, among other things, already permits business offices, libraries, retail shops, and theatres. Staff undertook an assessment of all the properties located within these zones (the affected properties) within the City. These include older indoor mall complexes (e.g. Lancaster Mall, Loch Lomond Mall, McAllister Mall, and Parkway Mall), as well as newer commercial facilities (e.g. the Superstore grocery stores located on Somerset Street and Rothesay Avenue, the Home Hardware store on Loch Lomond Road, and most of the recent retail development off Westmorland Road). It is found that in all of these cases a day care or school facility would not - in themselves — require additional supporting infrastructure (e.g. more parking or landscaping), or generate greater impacts than other facilities already permitted within the two subject zones. This is particularly relevant given that day care, nurseries or schools are permitted uses in the "B -2" General Business, "13-3" Central Business, `BP" Business Park, "IL -2" Major Institutional, and other zones. Indeed, some of the older shopping centres /malls, many of which have been established in the city for a long period of time, have already evolved into housing significant non - retail uses (e.g. Lansdowne Place, Loch Lomond Mall and Parkway Mall already have call centres /business offices), and newer 192 Played Out Fun Centre Ltd. Page 4 212 McAllister Drive (Parkway Mall) July 24, 2009 formats for retail developments have been developed and have become more attractive to retailers (e.g. East Point shopping area). Introduction of these uses into these zones can also be considered desirable in that this amenity will be available for the significant number of people working in these buildings and that properties in the zone are generally located in close proximity to major streets and significant nodes of commercial development. Staff therefore can support the proposed text amendment to the Zoning By -law as proposed. Conditional Use as an Amusement Place The applicant proposes, in the short term, to operate a children's activity centre in Units 11 and 13 of Parkway Mall, located at 212 McAllister Drive, also identified as PID Number: 00304873 (see location plan). The proposal includes play areas, seating areas, kitchen, washrooms, and storage areas, and has external access to the parking area, as well as access to internal circulation areas of the Mall (see enclosed plans). The activity centre is similar to a health club /recreation facility in which children are given time -slots to enjoy recreational activities, etc whilst parents wait on -site. The applicant proposes to re -face the existing signage that sits on the property. No additional works are proposed. The subject property is Parkway Mall, and the proposal will be housed in Units 11 and 13 facing towards McAllister Drive (formerly Cottage Lane Gifts). The neighbouring uses include various retail and other commercial uses (as well as vacant units) within the Mall, and this is surrounded by surface parking and landscaped areas. Access will be taken via existing access points to the general mall complex. The subject property is zoned "YS ' ,Shopping Centre, which permits an amusement place as a conditional use. An amusement place is defined within the Zoning By -law as an amusement park or any establishment other than a private club which, for profit, provides facilities for, among other things, dancing, games, or any other form of entertainment or recreation, whether or not in conjunction with a restaurant or other commercial establishment, but not including adult entertainment facilities or a massage parlour (as defined in the By -law). Staff is of the view that the proposed use is an amusement place in respect of the above definition because parents /guardians will be present at all times to supervise their children. As such, conditional approval is required. Noting its context within the Mall, and the permitted uses, staff recommends that no conditionsbe imposed on this use. CONCLUSION: The text amendment to the Zoning By -law can be supported as these uses will not cause greater impacts in planning terms than other uses already permitted in these zones. The proposal for an amusement place for a children's activity centre can also be supported, as this use will not generate any noticeable land use impacts. No additional conditions or terms should be imposed. NG Project No. 09 -265 193 194 195 SCIUMM-RA" 77,; I L.Wid I I Lockhart, Lynda_ From: Lloyd and Lynn Ginn [ginn @nb.sympatico.ca] Sent: Monday, July 27, 2009 4:29 PM To: External - Planning Subject: proposed revision to sc and sc -2 zoning To: Planning Advisory Committee Re: Proposed revision to "SC" & "SC -2" zoning to allow a daycare or school to be added as a permitted use. I am concerned that if this revision is approved without conditions it will allow a daycare or school to open in any shopping centre next door to an existing bar or lounge. My understanding of the current zoning is that bars and lounges cannot be within 950 metres of schools. I would ask the proposed revision not be approved unless conditions are added requiring all daycares and schools wanting to open in shopping centres seek review and approval on a case by case basis to avoid having schools and bars located next door to each other. We Application for a Municipal Plan and Zoning By-law Amendment D,emande de modification au, plan municipal eta I'arre^t6 sur le zo,nage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur sHt5-74 Na, L+d. Mailing Address of applicant / Addresse postale du demandeur Z690_Luck, Lomond Rd. Postal Code / Code postal F 2 )&7 Telephone Number / Num6ro de t6l6phone Home/Domicile (nS?>—?)9R0 Work / Travail Fax Number / Num6ro de t6dcopieur Gq(o — 2 29 6 Name of Property Owner (if different) / Nom du propridtaire (si diff6rent) Address / Adresse .Postal Code / Code postal: Property Information / Renseignements sur la propriktk I Location / Emplacement q7 - s (0 21 _0 Rc)--,% Si 4 72 —7q Civic # / No de voirie Street'/ Rue PID / NIP Lot Area / Superficie du lot 1 2-4, 000 fA z Street Frontage / Faqade sur rue 2.4 W 4+ Existing Use of Property/ Utilisation actuelle de la propridtd park.1q CL rg L � :K Vag / JQ-j Q Present Municipal Plan Land Use Designation D6signation actuel de utilization des terres sur le plan municipal geLliLkyyl Present Zoning / Zonage actuel Amendments Requested / Modifications demand6es Mu pijpal Plan / Plan municipal P"Change Land Use Designation to I Modifier la d6signation de Putilisation des terres a. Apf2 rove j Urnme_rQCx.( and/or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les d6tails en annexe) Zoni By-law/ Ari81:6 sur le Zonage Change Zoning to / Modification du zonage A and/or / ou Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les d6tails en annexe) 197 Development Proposal / Proposition d'am6nagement Description of Proposal / Description de la proposition 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 site 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. Vous devezfournir un plan du site 6 Pechelle illustrant votre proposition. Vous pouvez igalementfournir des photograph ies, des plans de b6timent, des dessins de plan dVMvation et tou,te autre forme de renseignement. Le plan du site doil indiquer les dimensions de la propri&e, Pemplacement de la totalitg des bdtiments, des alMes, des aires de stationnement, des amenagemenls paysagers et des panneaux de signalisation. 11 esi important d'indiquer la distance entre les limites de laproprigig et les b6timents. Provide reasons why these amendments should be approved. / Fournit les raisons pour les quelles les modifications devraient titre approuvdes. a[E a k CkS 0, Ic-� e isitmk C-DrYlMf rC . IQJ (,bSeIS —affnr06 +or parvAnQ Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur Date VS400 Application Fee Enclosed / Ci-joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council, Signature of Owner (if applicable) Signature du propri6taire (s'il y a lieu) Si vo us nVtes pas le propri6taire du terrain en question, vemillez ohten ir to signature du proprigta ire Bans la partie ci-dessous. La signature du proprigtaire autorisant le traitement de la prisente demande est requise pour q ue celle derv" so it examinee par le conseil communal, Date W-3 0 09 ff� �Vvstl mm-.m 0 nemlw-k s t OR 9Li VL; Z1 M- City of Saint John INTERNAL INSERTION ORDER Newspaper Insertion Dates Tuesday July 21 st, 2009 And Tuesday August 11 ", 2009 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: F-1 General Notice [] Tender Proposal 19 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gomiley, Common Clerk/Greffi&rc communale Contact: Telephone: (506) 658-2862 200 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENT'S RE: 47 -51 AND 63 -69 ROSS STREET AND 72 -74 ST. JAMES :STREET Public Notice is hereby given that the Common. Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, August 17, 2009 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A and 2 -C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, as illustrated below. 2. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28 of the Municipal Development Plan: "x) parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as P:1D Nos, 00001628, 00001610, 00001594, 00001586 and 00001 800.,, 3. Rezoning the same parcels of land from "RM- IF" Multiple Residential InBll to "B -2" General Business. [INSERT MAP] REASON FOR CHANGE: To permit a parking area. The proposed amendments may be inspected by any interested person at the office of the Common Clerk„ or in the office of Planning and Development, City Hall, 15 Market Square, Saint 201 PROJET'S DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 47 -51 ET 63 -69, RUE ROSS ET 72 -74, RUE ST. JAMES Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint Jahn indigc son intention de modifier le plan d'amenagement municipal et 1'arrete sur le nonage de The City of Saint John, fors de ]a reunion ordinaire qui se tiendra dans la salle du conseil le lundi 17 aout 2009 6 19 h, en apportant les modifications suivantes : 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'ainenagement municipal, des parcelles de terrain d'une superficie d'environ 1 880 metres carres, situees an 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, pour les faire passer de zone risidentielle de densite moyenne a zone d'anmenagentent commercial apprvuv4�, corvine le montre la carte ci- dessous. 2. 1'ajout des parcelles de terrain suivantes a ]a liste des amenagements commerciaux approuves a 1'alinea 2.4.6.28 dtt plan d'ainena,gement municipal : «x) des parcelles de terrain d "une super-lncie d'environ 1 880 metres carres, situee an 47- 51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800. » 1 la modification du zonage des pareelles de terrain precitees pour les faire passer de zone d'edification de logements multiples sur terrain intercalaire «RM -IF» a zone co merciale generale «B -2 ». [INSI RER LA CARTE] RAISON DE LA MODIFICATION: Penuettre une aire de stationnement. Toute personne interessee peut examiner les modifications proposecs au bureau du greffier communal ou au bureau de l'urbanisine et du developpement A 1'h6tel de ville au 15, Market John, N.B. between the hours of 8:30 a.m, and 4:30 Square, Saint John, NA., entre 8 11 30 et 16 11 30 p.m., Monday through Friday, inclusive, holidays du lundi au vendredi, sauf les jours f6ri6s. excepted. Written objections to the amendments may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 202 Veuillez; faire part de vos objections aux projets de modification propos&s par 6crit A Pattention du soussign6 A Vh6tel de ville. Elizabeth Gormley, greffi&re communale 658-2862 i Cl) C) CV Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-larva( its regular meeting, to be held in the Council Chamhei on Monday, August 17, 2009 at 7:00 p.m., by: I Rcdesmnatiri- on Schedule 2-A and 2-C of the Municipal Development Pjan. fromifedilriji, Deitsity Residential to Approved Commercial Development, PaTCCIS of land with an area of approximately 1980 SqUate MeWS, located at 47-51 and 63-69 Ross Street and 72-74 St. James Sircei. also identified as PID Nos. 00001028. 00001610. 00001594, 00001586 and 00001500, as illustrated below. 1 Adding 111e f0l)MV1112 to the list of Approved Commercial De%clopments in sub-section 2.4.6.28 of the Municipal Development Plan: ,,xl parcels of kind with an area of approximately USSO square metres. located at 47-51 and 63-69 Ross Street and 72-74 St. James Street, also identified as PID Nos 00001628, 000016110 00001594, 00001386 and OW0180O." Par les presenles, un avis public est donne par lequcl le conscil communal de The City of Saint John nidiquc son intention (Ic modifier le plan rl'amcnqemcrit municipal e( I'arre16 sur le zonage de The City of Saint John, lots de Lt r6ivoo orditiarre qui se liendra claw la salle du conscil le [until 17 ao6t 2009 a 19 h, on apportant Ics, modifications suivantes. I. ki reclassification. A I'minexe 2-A et 2-C du phin cl'ani6nagemeut municipal, des parcelles dc terrain d'unc superficic d'environ 1880 metro cams, sit uees an 47-51 el 63-69. rue Ross et 72-74, me St. James. et portant les NID 0001628, 00001610, 00001594, 00001586 et 0001800. pour les faire passer de zone zone d'aminagenient cononercial appromY, comme le montre la carte ci- dessous 2 I'ajoui des parcelles de terrain strivariles a lit fistc des amenagemetits coniiiQrciouxappTouvesz'tl'iililleu 2 4.6.28 du plan d'aniertagement municipal N rr S� VMS!$ 3 Rezoning the same parcels of land froin "IRM-1117" Multiple Residential Infill to 9-2" General Business. REASON FOR CHANGE: To permit a parking area. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development. City Mill, IS Market Squavc. Saint John, NB. hemeen the hours of 00 a.m. and 4:30 p.m,, Monday, through Friday, inclusive. holidays excepted Written objections to the amendments may be sent to the undeisn,ned. at City Hall Elizabeth Gormley, Common Clerk 658-2862 204 r� x) des parcelles de terrain d'une supctficie d'envilon 1 880 metres varr& situL an 47-51 et 63-69, rue Ross et 72-74, rue St James, et poriant les NID 00001628, 00001610, 00001594. 00001586 et 00001800, n 3. ki modification du zonage des parcelles de terrain JiTLil6es pour les faire passer de zone d'idification de logements multiples sur terrain interculairc v RNI-IF a zone commerciale gWrale « B-2 RAISON DE LA MODIFICATION: Permeate une wire de stationnerrient. Toole personne nit6ressec pent examiner Ics modifications proposees an bureau du �grcffier communal QU Oil hUrCau de Ijurbanisme et du developpernent ;t I'li6tel de ville art 15, Market Square, Saint John. N.-B.. ealic 9 h 30 et 16 h 30 du lunih au %vircitech, said" les jours f6n& Vcuillez faire part de ros objections aux projels de modification proposes par 6crit a Fatiention du soussigne a I,Uwl dc ville, Elizabeth Gormley, greffihe commuriale 658-2862 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRftf No C.P. 105- ARRETE MQDIFIANT VARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint tors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a 6dicte follows: ce qui suit : The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: I Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating parcels of land with an area of approximately 1880 square metres, located. at 47 -51 and 63 -69 Ross Street. and 72 -74 St. James Street, also identified as PID Nos. 00001628, 0000161.0, 00001594, 00001586 and 00001800, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list Approved Commercial. Developments sub - section 2.4.6.28: L'arretd relatif au plan municipal de The City of Saint John ddcrdtd le 3 janvier 2006 est modifi6 par: I la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utiisation future des terres, afin de faire passer la ddsignation des parcelles de terrain dune superficie d'environ 1880 metres carrds, situees au 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone rdsidentielle de densitd moyenne a zone d'arnenagement commercial approuvd; of 2 l'ajout de la. parcelle de terrain in suivante a la hste des arnenagements coin rnerc ia.ux approuvds a. I'alin6a 2.4.6,28: "`x) parcels of land with an area of approximately 1880 square metres, located at 47 -51 and. 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800." - 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 o x) des parcelles de terrain d'une superficie d'environ 1880 metres carres, situees an 47 -51 et 63 -69, rue Ross et 72 -74, rue St. .lames, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800,» - toutes les modifications stint indiquees sur le plan ci joint et font partie du present. arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avee les signatures suivantes : Common Clerk /Grcftiere communale First Reading.. - Premiere lecture Second Reading - Deuxieme lecture "Third Reading - Troisieme lecture BY-LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning parcels of land with an area of approximately 1880 square metres, located at 47-51 and 63-69 Ross Street and 72-74 St. James Street, also identified as PIT) numbers 00001628, 00001610, 00001594, 00001586 and 00001800, from "RM-IF" Multiple Residential Infill to "B-2" General Business - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WIIEREOF 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 ARRfTt No C.P. I 10- ARRf, Tt MODIFIANT L'ARRftf, SUR LE ZONAGE DE THE CITY OF SAINT JOHN hors d'unc reunion du conseil communal, The City of Saint John a d6cr6t6 cc qui suit : L'arr8t& sur le nonage de The City of Saint John, d6cr&6 le dix-neuf (19) d6cembre 2005, est modifi6 par: I La modification de Pannexe <<A», Plan de nonage de The City of Saint John, permettant de modifier la d6signation pour des parcelles de terrain d'une superficie d'environ 1 880 metres carr6s, situ6es au 47-51 et 63-69, rue Ross et 72-74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone d'6dification de logements multiples sur terrain intercalaire << RM-lF » A zone commercials g6n6rale <<B -2» - toutes les modifications sont indiquees sur le plan cijoint et font partic du pr6sent arr6t&. EN FOI DE QU01, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 le 2009, avec les signatures suivantes Common Clerk/GreffiWe communale First Reading - Premi&e lecture Second Reading - Deuxjeme lecture Third Reading - Troisi&me lecture DATE: AUGUST 7, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 11, 2009 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. on behalf of 514574 N.B. Ltd. Name of Owner: 514574 N.B. Ltd. Location: 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street PID: 00001628, 00001610, 00001594, 00001586, and 00001800 Municipal Plan: Existing: Medium Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RM -IF" Multiple Residential Infill Proposed: "B -2" General Business Proposal: To recognize the existing commercial parking areas as permitted uses. Type of Application: Municipal Plan Amendment, Rezoning, Conditional Use and Variances to: a) reduce the minimum required width of the aisle in the parking area at 47 -51 Ross Street from 7.5 metres to approximately 7.3 metres; 207 514574 N.B. Ltd. Page 2 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street August 7, 2009 b) reduce the minimum required front yard landscaping at 47 -51 Ross Street and 63 -69 Ross Street from 2 metres to approximately 1.5 metres; c) reduce the minimum required landscaping at 47 -51 Ross Street along the side property line abutting 43 Ross Street from 3 metres to approximately 1 metre; d) reduce the minimum required landscaping at 47 -51 Ross Street along the rear property line adjacent to 62 St. James Street from 2 metres to zero; and e) reduce the minimum required landscaping at 63 -69 Ross Street along the side property line abutting 71 Ross Street from 3 metres to approximately 1.2 metres. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 17, 2009. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a parking area in the "B -2" General Business zone. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Plan by: a. Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800. b. Adding the following to the list of Approved Commercial Developments in sub- section 2.4.6.28: 208 514574 N.B. Ltd. Page 3 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street August 7, 2009 "x) parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800." 2. That Common Council rezone parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 from "RM -IF" Multiple Residential Infill to "B -2" General Business. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of parcels of land with an area of approximately 1,880 square metres, located at 47- 51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 be subject to the following conditions: a. The use of the subject sites be limited to a parking area; b. The site shall not be developed except in accordance with a survey- accurate site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, cast -in -place concrete curbing, landscaping, lighting and any other site features. The site plan must indicate the delineation of the parking and street right -of -way and dropped sidewalks as required by the Department of Municipal Operations and Engineering. The approved site plan must be attached to any application for building or change of use permit for the development. c. Landscaping in the required side and rear yards be provided to a minimum depth of 2 metres from the property lines and include trees, shrubs or hedges designed to interfere with vehicle headlights shining across the property lines; d. All site improvements shown on the approved site plan must be completed within one (1) year of building or change of use permit approval. e. The developer provide a bond prior to third reading of the requested amendments, in an amount to be determined by the Planning and Development Department to ensure the required landscaping and site work is completed. And fiirther that upon rezoning of the subject sites, the land and any building or stricture thereon must be developed and used in conformity with the conditions identified herein. 4. That the Planning Advisory Committee deny the requested variances and instead grant variances to: Reduce the minimum required aisle widths for the proposed parking areas at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street from 7.5 metres to approximately 6.7 metres; and 209 514574 N.B. Ltd. Page 4 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street August 7, 2009 b. Reduce the minimum required landscaped side yards adjacent to an "R" residential zone from 3 metres to 2 metres On condition that the proposed parking areas satisfy all other requirements of the Zoning By -law with regard to landscaping, setbacks, and parking space dimensions. 5. That the Planning Advisory Committee impose no additional terms and conditions upon the establishment and operation of a parking area in a "B -2" General Business zone. BACKGROUND: On December 15, 1988 the adjacent site at 70 St. James Street and 55 -57 Ross Street were redesignated under the Municipal Plan from Medium Density Residential to Light Industrial and rezoned from "RM- 1" Three Storey Multiple Residential to "I -1" Light Industrial, on the condition that: a) The use of the property be limited to a combination of uses which may include: a business office, retail store, athletic club, photography studio, printing services, automatic laundry or laundry agency, interior decorating studio, catering establishment, trade or business school, electronic or electronic equipment assembly, film processing or testing laboratory, sign manufacturing, tent and awning manufacturer, jewellery manufacturing, parking areas, wholesale business, warehouse, building equipment and material storage, or workshop complementary to a retail store; b) Outside storage of any kind be prohibited; and c) A plan be required for approval by the Development Officer illustrating the parking lot, loading area and landscaped areas. The applicant had indicated in the application that the site had been constricted and used as a warehouse since 1919. In August of 1989 an application was received requesting that the Section 39 conditions imposed on the 1988 amendment and rezoning of the site be amended to permit the development of approximately 186 square metres (2,000 square feet) of the warehouse space as an amusement place with 9 video machines and an indoor paintball "maze ". The Committee recommended denial of the application due to concerns regarding parking, hours of operation and the suitability of the location. Common Council also denied the requested Section 39 amendment. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering notes that the applicant has paved over the entire sidewalk, covering any existing curb line and not providing the dropped sidewalk sections as per City standard at driveway locations. Although the applicant has made his parking lot improvements, he has not provided delineation from the parking lot, road and sidewalk, and this is not acceptable. Work within the municipal right -of -way should not have taken place without the approval/knowledge of the City. As 210 514574 N.B. Ltd. Page 5 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street August 7, 2009 well, the applicant appears to have done the parking lot improvements without any provision for storm water management. There is a slope to the property which will inevitably direct storm water runoff to the City street and this appears to be acceptable drainage in this instance. Buildings and Inspection Services has no concerns with this proposal. Saint John Fire Department has been advised of this application. Saint John Transit offers service on the South End route along Charlotte to Broad Street. Saint John Parking Commission has reviewed the parking lot layouts and notes that the proposed parking lot spaces and aisle widths are acceptable provided they meet the By -law requirement. In addition, the landscaping should conform to the Zoning By -law standard. ANALYSIS: Subiect Site and Neighbourhood The subject sites are located on Ross and St. James Streets between Germain Street and Charlotte Street in the City's South End. The sites are currently vacant, although the properties on Ross Street have been paved by the applicant and appear to be used for parking. Together, the sites comprise approximately 1,885 square metres (1.5 acres) of area, with the sites at 47 -51 Ross Street having approximately 735 square metres (7,911.5 square feet) of area and 24.5 metres (80.4 feet) of frontage, the sites at 63 -69 Ross Street having approximately 760 square metres (8,180.6 square feet) of area and 24 metres (78.7 feet) of frontage, and the site at 72 -74 St. James Street having approximately 390 square metres (4,198 square feet) of area and 12.8 metres (42 feet) of frontage. The surrounding area contains a variety of residential, commercial, and light industrial uses. Residential areas to the north of the subject site include a wide mix of single -, two - family and multiple - family dwellings. Commercial and light industrial uses include the applicant's adjacent light industrial building which currently contains a dental school, an office and warehouse at 62 -64 St. James Street, an office at 41 Ross Street, the Salvation Army Warehouse and Hostel, the All Sea Atlantic warehouse and shop, the Aquila Tours office and the South End Daycare to the west of the subject site. East of the site are Rainbow Park (the South End Playground), the Harris and Roome warehouse and office building, other warehouses and the Barracks Armoury and Green. A mixture of industrial and port uses are located south of the subject sites along the harbour. Proposal Some years ago the applicant demolished a dilapidated building and removed a variety of junk materials and vehicles from the subject sites and paved the subject sites. The applicant is now seeking to have these properties rezoned to allow their continued use as commercial parking areas, and to permit potential commercial development in the fi ture. 211 514574 N.B. Ltd. Page 6 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street August 7, 2009 Municipal Plan Policies & Zoning Standards The subject sites are currently zoned "RM -IF" Multiple Residential Infill under the Municipal Plan's Medium Density Residential Designation and the Central Peninsula Neighbourhood Plan. In order to permit a commercial parking area at this location, the applicant has requested that the subject sites be re- designated to Approved Commercial Development and rezoned to "B -2" General Business. In Section 2.4.6.6, the Municipal Plan seeks to ensure that the effects of commercial establishments on adjacent residential premises are minimized by suitable standards and requirements pertaining to: a) The arrangement of lighting facilities; b) The provision of buffer strips between commercial areas and adjacent residential properties; c) The location and treatment of parking areas; d) The minimum setback, side yards and rear yards; and e) The siting of buildings, landscaping, and the location, size and type of signs used. The potential impact of commercial parking areas on adjacent residential uses is clearly recognized by the Municipal Plan, and standards have been set out in the Zoning By -law to mitigate these impacts arising from vehicle headlights, noise, odour, and lighting for parking areas. The Central Peninsula Neighbourhood Plan offers further guidance on the suitability and development of parking areas in several sections. In particular, the Plan directs that the redevelopment of vacant and underutilized land for residential parking is to be encouraged; however, it clearly lays out that redesignation for commercial parking (and other commercial uses) should only be considered when due regard is given to the Municipal Plan policies found in Sections 2.4.4.5, 2.4.4.6 and 2.4.4.7. These sections lay out the guidelines for determining the compatibility of non - residential uses in residential neighbourhoods, and contain provisions including, but not limited, to: a) Location on an arterial or collector street; b) Arrangement of lighting facilities to ensure they do not shine into nearby residences; c) Provision of buffer strips to separate such uses from adjacent residential uses; Additionally, the Central Peninsula Neighbourhood Plan directs that where Council is considering the redesignation of sites for commercial development, the implementing rezoning must limit the use of the site to a specific proposal pursuant to Section 39 of the Community Planning Act. The requested "B -2" General Business zoning would permit a wide range of uses on the subject sites, including a parking area as a conditional use. This allows the Planning Advisory Committee to establish additional terms and conditions on the establishment and use of the parking area. 212 514574 N.B. Ltd. Page 7 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street August 7, 2009 The Zoning By -law also sets out standards for the layout and development of parking areas. These standards are designed to ensure that the policies in the Municipal Plan offering separation and buffering between commercial uses and parking areas and residential uses are enacted. Given the subject sites' location abutting residential properties (on two sides in the case of 47 -51 Ross Street, and on one side in the case of 63 -69 Ross Street and 72 -74 St. James Street), the By -law requires that the minimum side yards of 3 metres (9.8 feet) of the "B -2" General Business be landscaped, and that 2 metres (6.6 feet) of the side yard must be landscaped with shrubs, trees, or hedges in a manner designed to interfere with vehicle headlights shining across property lines. The same 2 metres (6.6 feet) of landscaping treatment would be required for the rear of the site at 47 -51 Ross Street as it also abuts a residential property. As well, the By -law requires that the first 2 metres (6.6 feet) of any front yard provided in the "B -2" General Business must also be landscaped; however, this does not prevent driveways or pedestrian walkways from being developed in the front yard. Requested Amendments and Variances As previously noted and as shown on the attached site plans, the applicant is seeking to redesignate and rezone the subject sites, and obtain approval from the Planning Advisory Committee for a conditional use and variances to permit the subject sites to be used as parking areas. A site plan has not been submitted for the property at 72 -74 St. James Street, but staff understands that the applicant wishes to redesignate and rezone this site as well. The sites have already been paved by the applicant and appear to already be in use as parking areas. Given the sites' location on either side of a light industrially zoned property owned by the applicant and in a mixed -use neighbourhood with a variety of commercial and light industrial uses, the proposed parking area use appears appropriate in this context. As a result, staff can support the proposed amendments for the subject site; however, several elements of the layout and proposed development of these parking areas as illustrated on the attached plans raise concern for staff Firstly, analyzing the site plan provided for the site at 47 -51 Ross Street with the City's GIS and aerial photography indicates that the applicant is proposing to use, and has in fact already paved, land that in actuality is part of the property at 62 -64 St. James Street. Although the City's GIS is not survey accurate, it is generally quite close and the applicant's plans do not indicate that they were drawn from a survey nor was one submitted with the application. As a result, staff recommends that any parking area development on any of the subject sites, if the proposed amendments and conditional use are approved, be based upon a survey- accurate site plan. Secondly, the applicant has indicated little to no landscaping or even spatial separation along the property lines that abut residential properties or the adjacent office and warehouse at 62 -64 St. James Street (which is still residentially zoned). Given the above -noted policies of the Municipal Plan regarding compatibility of uses and buffering for residential properties, the parking areas as proposed are not acceptable. The applicant should be able to devise a plan for these parking areas that will satisfy the minimum requirements of the Zoning By -law, especially with regard to landscaping and setbacks, given the size of the subject sites and their current vacant state. It is unfortunate that these sites were paved prior to the applicant seeking approval for the use as it will likely make the required landscaping more costly and difficult to implement; however, this is not seen as sufficient reason to grant the requested variances. 213 514574 N.B. Ltd. Page 8 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street August 7, 2009 Staff can support a minor reduction in the width of the driving aisle to facilitate proper development of the parking area as this variance has been granted in the past and the 7.5 metres (24.6 feet) required by the Zoning By -law is for a small parking area. Staff can also support a reduction in the required side yard landscaping from 3 metres (9.8 feet) to 2 metres (6.6 feet) provided the area is landscaped with shrubs, hedges or bushes according to a detailed landscaping plan illustrating how this vegetation will interfere with headlights shining across to residential properties. CONCLUSION: The proposed use of the subject sites as a surface parking area does not appear out of context in the surrounding mixed use neighbourhood and can be supported. Although the applicant has indicated that he wishes the requested rezoning to permit other future commercial development, the policies of the Central Peninsula Neighbourhood Plan clearly require that Plan amendments and rezoning for commercial uses in the Plan area be accompanied by Section 39 conditions restricting the use to only that proposed. As a result, this condition is recommended and a Section 39 amendment would be required for a fiiture change of use. The proposed variances to permit the parking area to remain as it has been developed, prior to approval, with asphalt paving covering the entire surface cannot be supported. The subject sites abut residential properties and there is no compelling reason to permit the parking areas without sufficient buffering, setbacks and landscaping. A minor reduction in the width of the aisles, if necessary, could be supported to facilitate the proposed development and provide additional room for landscaping. Standard conditions regarding the development of the site, and in particular details regarding the required landscaping, are recommended. SH Project No. 214 August 12, 2009 Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning Application 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street On July 6, 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 August 11, 2009 meeting. Mr. Rick Turner, Hughes Surveys & Consultants Inc., appeared to speak on behalf of the application and indicated that he was in agreement with the recommendations in the attached report. Mr. Turner questioned whether signage for the adjacent light industrial building, also owned by his client, would be permitted in the parking areas. Staff confirmed that if the proposed Plan amendment and Rezoning were approved, the requested signage would be permitted provided it met the standards of the "B -2" General Business zone. No one appeared to speak in support of or in opposition to the application, but 10 letters of support were received by the Committee. These letters are attached. After considering the attached report and the applicant's presentation, the Committee adopted the recommendation as set out below. The Committee also denied the variances requested by the applicant, and instead granted minor variances to reduce aisle width and side yard landscaping in the parking areas provided that the proposed parking areas satisfy all other requirements of the Zoning By -law with regard to landscaping, setbacks, and parking space dimensions. RECOMMENDATION: 1. That Common Council amend the Municipal Plan by: a. Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. 215 -2- James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800. b. Adding the following to the list of Approved Commercial Developments in sub- section 2.4.6.28: "x) parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800." 2. That Common Council rezone parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 from "RM -IF" Multiple Residential Infill to "B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 be subject to the following conditions: a. The use of the subject sites be limited to a parking area; b. The site shall not be developed except in accordance with a survey- accurate site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, cast -in -place concrete curbing, landscaping, lighting and any other site features. The site plan must indicate the delineation of the parking and street right - of -way and dropped sidewalks as required by the Department of Municipal Operations and Engineering. The approved site plan must be attached to any application for building or change of use permit for the development. c. Landscaping in the required side and rear yards be provided to a minimum depth of 2 metres from the property lines and include trees, shrubs or hedges designed to interfere with vehicle headlights shining across the property lines; d. All site improvements shown on the approved site plan must be completed within one (1) year of building or change of use permit approval. e. The developer provide security prior to third reading of the requested amendments, in an amount to be determined by the 216 Planning and Development Department to ensure the required landscaping and site work is completed. And further that upon rezoning of the subject sites, the land and any building or stricture thereon must be developed and used in conformity with the conditions identified herein. Respectfully submitted, Stephen Horgan Chairman SH Project No. 09 -284 217 Memo To: Holly Young, Municipal Operations and Engineering David Crawford, Buildings and Inspection Services Frank McCarey, Saint John Transit Richard Smith, Saint John Parking Commission From: Sarah Herring, Community Planning Date: July 24, 2009 Re: Municipal Plan Amendment and Rezoning Application 47 -69 Ross Street and 72 -74 St. James Street Our office has received an application to amend the Municipal Plan designation and zoning for the properties at 47 -69 Ross Street and 72 -74 St. James Street (as shown on the attached map). The application requests that the five properties be re- designated from Medium Density Residential to Approved Commercial Development and rezoned from "RM -IF" Multiple Residential Infill to "B -2" General Business to allow them to be developed and used as commercial parking areas. Designs for the proposed parking lots have not yet been submitted, but may request variances to the By -law Standards for parking lot dimensions, landscaping and curbing. I would appreciate receiving your comments by August 5, 2009 regarding this matter. Should you have any questions, please do not hesitate in contacting me at (506) 649 -6071, by email at sarah.herring @saintjohn.ca, or by facsimile at (506) 658 -2837 anytime. Sarah Herring, MCI , RPP Planner City of Saint John Attachments Project No. 09 -284 218 111111111 vgliie� PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 237 � 212 N. A — 237 N 220 • .J\ • US _ 2 71 73 6 — 245 •L -1 Z S, 25 33 3 26 ' _ Queen St•72 72 78 • 2 sees 70 +0 • i 1 w 1 • s • so 68 ° ue Ba 0 sz j +•+ s uz 24 B- �e 3,8 28 268 28 26 54 271 68 1 278 0 111181 18 so 3 7 a r d u 28 2a 3 rue H 18 203 116 ,6 It 208 a ° p17 9 ....faan 2J z ■ , Y � It I lot 36 0 0 U 30 2 • 2 29 • 3 1 it + ] 300 \ p � ; 02 210 • • 2 — 7 ,+•' ua a Lo 0 er C v 1•t ■t■ e P • 160 • VIVA- 256 0 u 2 T 253 r 267 It ��{• +' 261 263 W ■ j , ll�fir• .2 + 60 100 102 2 286 ± ga• � 628 J2 ,e, • S ^.� 2 287 +•+ •� 18 20 Ilse 289 7 (• s 27 8 l r 192 to 3 1 + 1 • 273 3 278 106 K / — 0 s $ t - .� a toe _ 76 f I• 1 f I •' Lp.RM -1 �1wi•1.7f'r2./ 126 1� w r 1 •_ 203 1 n ■ 113 10 208 Ir 1 9s 0 ° 207 31 t 8 a 126 1 315 0 11 ,20 112 126 7 104 225 2 96 , M 229 32 •_ 0 • 260 0 B 2' + ■tw1.lw • +w t. r, two t i t1w1w,■t Subject Site /site en question: Location: 47 -69 Ross Street and 72 -74 St. James Street Date: July 29, 2009 Scale /echelle: Not to scale /Pas a 1'6chNIe PID(s) /NIP(s): 00001628,00001610,00001594 and 00001800 Demande de modification au plan municipal et A Farrefte' sur le nonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nam du demandeur Hughes Survey§ & Consultants on behalf of Aberdeen The RV Noe Lid. Mailing Address of applicant / Addresse postale du demandeur 575 Crown S!Tet, Saint John. NB Telephone Number i Num6ro de t6l6phone Home / Domicile Fax Number / Num6ro de t6l6copicur 634-0759 Postal Code I Code postal E2L _5E9 Work / Travail 634-1717 Name of Property owner (if different) / Nam du propri6taire (si diff6rent) Melba Zoreta O'Leary and Joan Donovan_ Address I Adresse CCa Nu hes irveys & Gonsultants Inc. Postal Code / Code postal: Property Information I Renseignements sur la, propri&6 Location I Emplacement 994-1000 Rothesay Road 55097264 296756 296541 _7051�297689 Civic # I No de voirie Street / Rue PID I NIP Lot Area / Superficie du lot 11,855 sg. metres more or Iggs Street Frontage I Fagade sur rue Existing Use of Property / Utilisation actuelle de la. propri6t6 Ali propernes are vacant Gonlains a residential 3-Unit dw0b9____ Present Municipal Plan Land Use Designation D6signation actuel de utilization des terres sur le plan municipal Present Zoning / Zonage, actuel RS-2 One and two family suburban residential Amendments Requested I Modifications demand6es Municipal Plan / Plan municipal Change Land Use Designation to / Modifier la d6signation. de l'utilisation des terres Desi nation to Service Corridor - and /or / on. Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les d6tails en annexe) Zoning By-law/ Arr6tA- sur le Zonage X Change Zoning to I Modification du zonage B-2 General Business and/or / on. e c in e ai Text Amendment (indicate particulars on attachment) / Modification due t xt ( diqu z les details en annexe) Description of Proposal / vescription (ie is propostuon You must provide ascaled site plan that jljusrrate4 your proposal. you may also provide photographs, building plans, elevation drawings and any atherform of information, 77oa site 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. Provide reasons why these amendments should be devraient 6tre approuv6as. Yous aevezjourntr un pian au Sale a 4 cwjc"c toswj- — —, - Proposition. Vous pauvez �gakment journir des photographies, des plans de b6timent, des dessins de plait dAWvallon et route autre forme de renseigmment. Le plan du site dolt indtquer les dimensions de la proprMte, 1emplacement de to ioralitof des b&iments, des allies, des wires de slationnement, des aminagements pay satiers et des panneaux de sign alisation. 11 ev important d'indiquer to distance entre les linjites de to proprigli et les b6timents. approved. / Fournir les raisons pour les quelles les modifications Provide any other information about your proposal that would be helpful. I Fournir tout autre renseignernent Concernant voLre proposition qui pourrait ftre utile, Signature of Applicant I Signature du dernandeur & Consultants Irk. pate X $400 Application Fee Enclosed / Ci-joint les frail de dernande de 400 $ We hereby authorize Aberdeen The R V PI&CE Inc, application. to Comm Signature of Owners Signature of Optione, and their representatives Hughes Surveys & Consultants Inc. to make this I �/-� I Im 13 ,City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et 1 10 0801 442 2010 RepArtrne#t2.'__ Common Clerk's Office (Account # 7120�6 Contact: Elizabeth Gormley Phone: (506).658-2862 TFav (506) 674-4214 Special Instructions (if any): Reference: Proposed Municipal Plan and Re-Zoning 994-1000 Rothesay Road Newspaper Insertion ]Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) ",SJTJ City Information Ad - SJTJ Independent Placement - SJTJ Classifieds Date(s): Tuesday, July 21, 2009 Tuesday, August 11, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: E] General Notice F-1 Tender 0 Proposal 9 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Goirnley, Common Clerk/Greffiere communale Contact: Kelly Tibbits 223 Telephone: (506) 658-2856 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 994 -1000 ROTHESAY ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, August 17, 2009 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Loxv Density Residential to Service Corridor, a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as PID Nos. 55007264, 00296756, 00296541, 00297051 and 00297689, as illustrated below. 2. Rezoning the same parcel of land from "RS -2" One and Two Family Suburban Residential to "B -2" General Business. [INSERT MAP] REASON FOR CHANGE: To permit the development of a recreational vehicle sales establishment. The proposed amendments may be inspected by any interested person at the office of the Common Clerk., or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. "Written objections to the amendments may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 224 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 994- 1000, CHEMIN ROTHESAY Par les presentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et 1'arrete sur le zonage de The City of Saint John, fors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 17 aout 2009 is 19 h, en apportant les modifications suivantes : 1. la reclassification, a ]'annexe 2 -A du plan d'amenagenient municipal, dune parcelle de terrain d'une superficie d'environ I,2 hectare, situee au 994 -1000, cheinin Rothesay, et poant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, pour la faire passer de zone residentielle de faible densite a zone de corridor de ver vice, comme le montre la carte ei- dessous. 2.. la modification du zonage de la parcelle de terrain precitee pour la faire passer de zone r6sidentielle de banlieue -.. habitations unifamiliales et bifamiliales «RS -2» a vane commerciale g6n6rale o B -2 >>. [INStRER LA CARTE] RAISON DE LA MODIFICATION: Pernlettre l'amenagement d'un commerce de vente de vehicules de plaisance. 'route personne interestee pent examiner les modifications proposees all bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppenlent a I' 6tel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours feri6s. Veuillez faire part de vos objections aux projets de modification proposes par ecrit a 1 "attention du soussigne a 116tel de ville. Elizabeth Gormley, greffiere communale 658 -2862 LO i` N N Public Notice is hereby given dint the Common Council of The City of Saint John intends to consider amending the Municipal Developmew Plan and the Cali• of Saint John Zoning 'By -law al its regular meeting to be held in the Council Channber on Monday, August 17. 2009 at 7:00 p.m., by: I. Reclesignating can Schedule 2 -A of the Municipal Development Plan, from Lain Denritl' Re,+ideintial to 5rrrice Corridor, a parcel of land with an area of approximately 1.2 'hectares. located at 994- 1000 Rothcsm Load, also identified as PICT Nos, 55007264. 00296756. 00296541. 00297051 and 00297689. as illustrated below. 2. Rezoning the same parcel of land from "RS -2" One and Tuo Family Suburban Residential to "B -2" General Business. � REASON FOR CHANGE: To permit the development of a recicational vehicle sales establishment. The proposed aniendinents may be inspected by any interested person at the once of the f vtnmon Clcrh, or it) the offtee of Planning and Development. City Hall, 15 Market Squarc, Saint John, N.B. between the hours of S.30 a.m. and 4:30 p.ru . Monday through Friday, inclusive, holidays excepted Written objections to the amendments may be sent to the undersigned at City Hill. Ehzabeth Gormley, Common Clerk 653 -2862 226 raivnitaimanio. Par les presen tes, un avis public est donne par lequel Ic Conseil communal de The City of Saint John indiquc son intention de mochficr le plan d'amcnagement anunicipal et fizrrcic sun le zonagc de The C"'itc of Saint John. Tors do la reinrion oniinaire qui se tiendra daps 4tsalle du conseil le Imtdi 87 ao5t 2009 a 19 b, co apportant le, modifications suovaulcs I .. ]it rechissification, a I'ammxe 2 -A du plan d'mamenagement municipal, d'une parecllc de tet'rain dune superficie d'environ 1.2 hectare. sit Li& an 994- 1006. chcinin Rothesay. et portant les NID 550012W, €10296756.00291 >541. 00297051 et 00297659, pour ht faire passer de zone risidentielle de foible deissita a :one de corridor de .service, comme le montre la carte ci- dessous 2. 'la modification slit zonagc do la 'parcelle de terrain 7 precitee poor la Dine passcrde N zone residentielle do harilieuc — habitations umfamiliales et 3 A bifamiliales crRS -2a� a tone i J connmerciale ghueralc c< B -2 at. RAISON DE LA 'JIODII ICATION n Perllll °ltYt i a177en'itgenienl d "um commerce de venle do vehictzs de plaisance. Toute personne interessee petit examiner (es modifications proposecs au bureau du grefffer communal on au bureau de hurbanismc el du developpement a I'hntel de Mille au 15. Markel Square, Saint John. N. -B.. entre S'h 30 et 16 b 30 du lundi au tcndTedt, sauf lesjoi rs Dries. Wi illez faire part de vas objections aux pmjrrts de modification proposes par &I-it it ]`attention du soussigne a 1161e1 de villc. Elizabeth Gormley, grellierc cominunale 65S -2862 BY-LAW NUMBER C.P. 105- A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW Be it enacted by The City of Saint John in Common Council convened, as follows: 'The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1.2 hectares, located at 994- 1000 Rothesay Road, also identified as being PID Nos, 55007264, 00296756, 00296541, 00297051 and 00297689, from Low Density Residential to Service Corridor classification - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHERE-OF 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 ARR9A N" C.P. 10S-_ ARRfTf, MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil communal, The City of Saint John a 6dict6 ce qui suit : L'arr&6 relatif an plan municipal de The City of Saint John d6cr6t& le 3 j anvier 2006 est modifid par: 1 la modification de I'annexe2-A, relative au plan dutilisation future des terres, afin de faire passer la d6signation dune parcelle de terrain d'une superficie approximative de 1,2 hectares, situ6e au 99,4-1000, chemin Rothesay, et portant les NID 55007264, 00296756, 00296541, 00297051 et 00297689, de zone r6sidentielle de densit6 faible a zone de corridor de service - toutes les modifications stint indiqu6es sur le plan ci-joint et font partie du pr6sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t& le 2009, avec les signatures suivantes Common Clerk/Greffi&re communale First Reading - Premi&re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi&me lecture BY-LAW NUMBER C. P. I 10- 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 1.2 hectares, located at 994- 1000 Rothesay Road, also identified as PID numbers 55007264, 00296756, 00296541, 00297051 and 00297689, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business - all as shown on the plan attached hereto and forming part of this by-law. 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/Mairc ARRPTt No C.P. I 10- ARRfA MODIFIANT L'ARRfTf SUR LE ZONAGE DE THE CITY OF SAINT JOHN hors d'une reunion du conseil communal, The City of Saint John a dccr6te cc qui suit : Uarr&6 sur le nonage de The City of Saint John, d6cr&6 le dix-neuf (19) d6cembre 2005, est modifi& par : 1 La modification de Vannexe <<A>>, Plan de zonage de The City of Saint John, pe-rmettant de modifier la d6signation pour une parcelle de terrain dune superficie d'environ 1,2 hectare, situ6e au 994-1000, chemin Rothesay, et portant les NTD 55007264,00296756,00296541,00297051 et 00297689, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales << R5 -2 )) A zone commerciale g6n6rale o B-2 )> - toutes les modifications sont indiqu6es sur le plan ci-joint et font partie du pr6sent arr&6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent air&t6 le 2009, avec les signatures suivantes : Common Clerk/Greffi&re communale First Reading - Premi6re lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture DATE: AUGUST 7, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 11, 2009 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Name of Owner: Melba Zoreta O'Leary and Joan Donovan Location: 994 -1000 Rothesay Road PID: 55007264, 00296756, 00296541, 00297051, and 00297689 Municipal Plan: Existing: Low Density Residential Proposed: Service Corridor Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "B -2" General Business Proposal: To establish and operate a recreational vehicle (RV) sales business. Type of Application: Municipal Plan Amendment, Rezoning and Conditional Use JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan and Zoning By -law amendment applications. The 229 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 2 994 -1000 Rothesay Road August 7, 2009 Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 17, 2009. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a travel trailer sales lot in the "B -2" General Business zone. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council redesignate on Schedule 2 -A of the Municipal Plan, from Low Density Residential to Service Corridor, a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as being PID Numbers 55007264, 00296756, 00296541, 00297051, and 00297689. 2. That Common Council rezone a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as being PID Numbers 55007264, 00296756, 00296541, 00297051, and 00297689 from "RS -2" One and Two Family Suburban Residential to "B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as being PID Numbers 55007264, 00296756, 00296541, 00297051, and 00297689 be subject to the following conditions: a. The use of the subject site be limited to the applicant's proposed recreational vehicle sales establishment; b. The developer must pave the driveway, parking area and vehicle manoeuvring areas with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaping and to facilitate proper drainage; Adequate site drainage facilities, including any necessary catch basins, must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate. The approved drainage plan must be attached to any application for building permit for the development; d. The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or trailer storage areas in accordance with a detailed landscaping plan to be prepared by the developer and subject to the approval of the Development Officer. The detailed landscaping plan must illustrate, at a minimum, enhanced landscaping and vegetation within the first 4 metres from the front property line and the approved landscaping plan must be attached to any application for building permit for the development; 230 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 3 994 -1000 Rothesay Road August 7, 2009 e. The landscaped areas required in (d) above must extend onto the City street right -of -way to the edge of the travelled road; f. The number of recreational vehicles displayed along the front of the site be limited to a maximum of eight (8) at any time and at no time may any display vehicles be located within the required 4 metres of landscaping as noted in condition (d). g. Exterior lighting of the site must be in accordance with a detailed lighting plan, prepared by the developer and subject to the approval of the Development Officer, illustrating that all lighting will be designed so as not to shine onto adjacent properties. The approved lighting plan must be attached to any application for building permit for the development; h. The development must be serviced by municipal water and sewer; i. The site shall not be developed except in accordance with a survey- accurate site plan, prepared by the developer and subject tot the approval of the Development Officer, indicating the location of all buildings and strictures, location and treatment of parking areas, driveways, storage areas, freestanding signs, lighting, landscaping and any other site features. The detailed site plan must illustrate that the driveway for the development is aligned with Ashburn Road. The approved site plan must be attached to any application for building permit for the development. j. All site improvements shown on the approved site, drainage, landscaping and lighting plans must be completed within one (1) year of building permit approval. k. The developer be required to submit a bond in an amount to be determined by the Planning and Development Department to ensure that the required landscaping and site development work is completed. And further that upon rezoning of the subject site, the land and any building or stricture thereon must be developed and used in conformity with the conditions identified herein. 4. That the Planning Advisory Committee impose no additional terms or conditions upon the establishment and operation of a travel trailer sales lot at 994 -1000 Rothesay Avenue. BACKGROUND: An application to rezone a portion of the subject site (PID Numbers 297689, 297051, and 29654 1) to "B -2" General Business was submitted in 1979. At that time it was noted that the location of the subject property and its relationship to other uses would tend to favour such a rezoning. However, the application was viewed to be premature due to the lack of municipal services to the site as well as the lack of a specific proposal for the property. Consequently, the application was not approved. In 1986, an application was submitted to redesignate and rezone a smaller portion of the site (PID Numbers 297689 and 29705 1) to the District Central Commercial designation and "B -2" General Business zoning for development of an approximately 6,000 square foot retail /commercial plaza. 231 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 4 994 -1000 Rothesay Road August 7, 2009 Community Planning staff did not recommend approval of the requested amendments due to municipal servicing concerns and the availability of filly serviced and underdeveloped lands already zoned for the proposed use on Rothesay Avenue. However, the Planning Advisory Committee was satisfied that the proposed development would fit in the area and recommended approval of the application. Common Council subsequently denied the application due to servicing concerns. In 1988, the Committee and Council considered an application to redesignate and rezone the same portion of the property to Light Industrial designation and "I -1" Light Industrial zoning for development of a retail/wholesale garden centre. Once again, staff did not support the application but the Committee expressed a desire to recommend approval, subject to a Section 39 resolution limiting the development of the site to the specific proposal, and referred the matter back to staff for suggested conditions. Conditions were prepared for the Committee's consideration, but the applicant withdrew the application prior to a recommendation being made as he did not agree to the proposed limitation of the use to his specific proposal. On January 28, 2003, the Committee approved the establishment of a recreational vehicle sales lot on the site at 998 -1000 Rothesay Road for a temporary period of one year, commencing February 1, 2003 and ending on January 31, 2004. This approval was subject to a number of conditions with respect to site development, signage and servicing of the site. The applicant established the operation as per the temporary approval, and shortly thereafter submitted an application to redesignate and rezone the property to permit the use to remain permanently on the site. The proposed amendments were considered by the Committee on July 29, 2003. Planning and Development staff recommended approval of the proposal, subject to Section 39 conditions limiting the use and development of the site. However, it was also recommended that third reading of the amendments not be given until an acceptable site plan was submitted by the applicant and approved by the Development Officer. The Committee adopted the staff recommendation with an adjustment to the deadline for paving of the recreational vehicle display and manoeuvring areas. Common Council held its public hearing on the proposed amendments on August 5, 2003. Two residents of the Brookville area spoke against the proposal. Council gave first and second readings following the public hearing, and tabled third reading until such time as a comprehensive landscaping plan was submitted to Council for its review, and until a bond or security was obtained for the landscaping on the site. The applicant submitted a detailed site and landscaping plan on November of 2003. An appropriate security amount was calculated by staff and the plan was submitted to Council for review at its December 8, 2003 meeting. At that meeting, Council decided not to give third reading to the requested amendments. In May of 2004, the applicant re- submitted the application with a fi rther revised site plan. Council reviewed the application at its May 17, 2004 meeting and resolved that the revised plan represented a material change pursuant to Section 910(3)(d) of the Zoning By -law and therefore, authorization was given to proceed with the necessary advertisements for the amendments, notwithstanding that it had been less than one year since the previous application had been denied. 232 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 5 994 -1000 Rothesay Road August 7, 2009 On September 3, 2004 the Committee considered the application to redesignate and rezone the site at 998 -1000 Rothesay Road to permit the continuing operation of the recreational vehicle sales establishment. Planning staff once again recommended approval of the application, subject to Section 39 conditions limiting the use and development of the site. There were a number of area residents present at the meeting who objected to the application but the Committee also received eight letters of support of the proposal. As well, Council received eight letters of opposition in response to the initial June 21, 2004 public presentation of the proposed Municipal Plan amendment. After considering the report, presentations and written submissions, the Committee adopted the staff recommendation for approval of the application with additional conditions regarding the use and development of the site. There were a number of residents present at Council's public hearing on September 13, 2009 who expressed concerns regarding traffic, neighbourhood character, property values, and flooding in relation to the proposal. Council decided to deny the requested Municipal Plan amendment and Rezoning. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed Municipal Plan amendment and Rezoning: - Municipal servicing is available. - The developer's engineering consultant must verify connections to the municipal system. - The driveway shown on the site plan should be aligned with Ashburn Road. - A site drainage plan/brief prepared by the developer's engineering consultant must be submitted to the City for review and approval. - The parking area should be paved and curbed. - Landscaping should definitely be required around the perimeter of this development. Buildings and Inspection Services has no objections to the proposal. Saint John Fire Department has no objection to this application with the understanding that the access road through the sales lot allows for easy accessibility throughout, and that the City of Saint John hydrant network (or private hydrants if necessary) allows for a readied source of water for firefighting purposes. N.B. Department of Transportation has no concerns with this application. Saint John Energy has overhead facilities along Rothesay Road to service the proposed development. Extension of facilities and costs will be dealt with the developer at a later date. Saint John Energy had service to this lot during its previous temporary operation. 233 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 6 994 -1000 Rothesay Road August 7, 2009 ANAI,VSIS- Subiect Site and Neighbourhood The subject site consists of five parcels of land located on Rothesay Road directly opposite the intersection with Drury Cove Road. The rear of the property abuts the railway line, with the MacKay Highway further to the east. To the north of the site is a right -of -way giving access to a large residence on the hill between the railway and the MacKay Highway, and to the south is the Frenchy's used clothing store at 15 Fulton Lane. The site has a total area of approximately 1.2 hectares (3 acres) and a total frontage of approximately 240 metres (787.4 feet) on Rothesay Road and Fulton Lane. The majority of the site is currently vacant, save for a three -unit dwelling and accessory building at the southern end of the site at 9 -11 Fulton Lane (PID 55007624). The northern portion of the site is gravelled with a gravel driveway directly opposite Drury Cove Road, and there is a stand of vegetation between the gravelled area and the adjacent dwelling to the south. As noted in the Background Section of this report, the gravelled area was formerly occupied by the recreational vehicle sales establishment now seeking re- establishment on the site through this application. The surrounding area contains a mix of residential, commercial and light industrial uses, including Lite Enterprises (Liteco), Hatfield's Auto and Constriction, the Kierstead, Quigley and Roberts survey office and Frenchy's used clothing store. A range of other businesses are also located nearby on Ashburn Road and on the other side of the MacKay Highway on Rothesay Avenue. Proposal As in previous applications, the applicant proposes to that the site be re- designated on Schedule —A of the Municipal Plan from Low Density Residential to ,Service Corridor and be rezoned from "RS -2" One and Two Family Suburban Residential to "B -2" General Business to permit a recreational vehicle (RV) sales establishment. The applicant has indicated that the proposed sales establishment, Aberdeen The RV Place, is currently located on the same site as Aberdeen Motors at 755 Rothesay Avenue, but that due to the success of the RV business the recreational vehicle units are disbursed on a number of rock outcrops behind the facility. The applicant has pointed out that this is not ideal as the remote location of the vehicles from traffic areas makes security a concern and is a poor setting for display of their products and the continued growth of the business. As well, the applicant believes the amendments should be approved as the site is presently underutilized but has exposure to large volumes of traffic, making it ideal for commercial use. The new buildings proposed for the site will be connected to the recently constricted municipal services; therefore, the site will contribute to the municipal infrastructure investment through user fees. The applicant also states that the enhanced property will contribute to the growth of the municipal tax base. 234 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 7 994 -1000 Rothesay Road August 7, 2009 As shown on the attached site plan, the applicant proposes to develop the site with landscaping, a children's play area and recreational vehicle display areas at the front of the site, an office building, maintenance facility and parking area at the northern end of the site, and a gravel storage area at the rear of the site. As well, the forested area on the southern portion of the site adjacent to the dwelling at 9 -11 Fulton Lane (which will be used as a watchman's residence) will be retained, and a 1.2 metre (3.9 foot) berm with landscaping will be established along the length of the private land north of the site. Proposed Amendments The applicant has requested that the subject site be re- designated from Low Density Residential to ,Service Corridor and rezoned from "RS -2" One and Two Family Suburban Residential to "B -2" General Business to permit the proposed commercial development. Since as early as 1979 it has been recognized that the subject site and immediate area would be an appropriate location for future commercial development. The area already contains a number of existing businesses, including Lite Enterprises (Liteco), Hatfield's Auto and Constriction, the Kierstead Quigley and Roberts survey office and Frenchy's used clothing store. Other businesses are located nearby on Ashburn Road and Rothesay Avenue, and the Liteco property and the Saint John Energy substation across the street from it form a logical northern boundary for the business area. The major impediment to development of the site in the past has been the lack of municipal water and sewer services in the area and, therefore, previous proposals to rezone the subject site for business were viewed as premature. However, the City extended municipal water along Rothesay Road in the late 1990's and municipal sewer was extended during the 2003/2004 extension of trunk services to the Highlands of Drury Cove development. As was noted in the 2004 application for this site, these extensions have removed the previous constraints with respect to servicing of the proposed development. The Municipal Plan notes that Service Corridors are intended to provide locations for businesses which depend upon direct access by automobile traffic and high visibility from the street and also to provide larger sites for businesses that require storage in association with a retail establishment. The Rothesay Avenue ,Service Corridor designation has been extended onto Rothesay Road, under the Throughway Overpass, by amendments to the property at 945 Rothesay Road in 2005. The subject site is contiguous with this property. Other sites in the area are designated as Light Industrial by the Municipal Plan. The subject site is located on a provincial highway that is also designated as a major collector street by the Municipal Plan, and is in proximity to a major exit from the Throughway. Traffic is at times heavy on Rothesay Road and Drury Cove Road, particularly during the morning and afternoon "rush hour ". The Plan also provides that where commercial development located adjacent to residential development, consideration must be given to minimizing potential impacts through the arrangement of lighting facilities, the provision of buffer strips, the location and treatment of parking areas, setbacks, side and rear yards and the siting of buildings, landscaping and signage. Although there are four dwellings in the immediate vicinity of the site, the main residential area of Rothesay Road does not begin until approximately 180 metres (600 feet) to the north of the subject site, beyond the Liteco property and the Islamic Centre. 235 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 8 994 -1000 Rothesay Road August 7, 2009 Given the above -noted context and direction of the Municipal Plan with regard to commercial development and ,Service Corridors, the proposed amendments can be recommended. The applicant is proposing significant site improvements and all previous servicing issues are now resolved. It is suggested, however, that the use of the site be restricted to the applicant's specific proposal so that any future changes of the use may be reviewed in relation to the continuing development and servicing of the area. The major issue with respect to this proposal is the nature of the site development and required site improvements, as discussed in the following section of this report. Site Development and Required Improvements As previously noted, the subject site is currently vacant with approximately half of the site being gravelled and half being covered with mature vegetation. The applicant intends to retain the existing mature vegetation on the south end of the site, between the display and storage area and the existing dwelling that will be used as watchman's quarters for the business. The gravelled portion of the site will be developed with inventory storage areas to the rear of the site, display trailers, landscaping and a children's play area along the front of the site and a customer parking area, office and maintenance facility at the north end of the site. As well, a 1.2 metre (3.9 feet) high landscaped berm will be established along the length of the private lane to the north of the subject site. All site improvements are illustrated on the attached site plan. The proposed "B -2" General Business zone requires a minimum 2 metre (6.5 foot) landscaped area inside the front property line; however, it is recommended that the 4 metre (13.1 foot) landscaped area, as proposed on the applicant's site plan, be required due to the visible nature of the trailer storage and residents' concerns regarding the appearance of the site. The landscaping must extend to the City street right -of -way to the shoulder of the travelled road. As well, the proposed landscaping and berm along the northern edge of the site adjacent to the private lane is appropriate to buffer for the dwellings at 1020 and 1026 Rothesay Road. While a crushed gravel surface is acceptable for the inventory storage area to the rear of the site, the customer parking area next to the office and maintenance buildings must be paved with asphalt and enclosed with cast -in -place concrete curbs to protect the landscaping and facilitate proper drainage. A drainage plan will need to be submitted for the approval of the Chief City Engineer or his designate. Any lighting of the site should be designed with downcast lights and carefully arranged to ensure that lights do not shine onto adjacent residential properties. Detailed landscaping and lighting plans should be submitted for the approval of the Development Officer prior to the issuance of any permits for this proposal. The site development and improvements, if undertaken as proposed, will provide a substantial improvement to the appearance of the site as it currently exists and to the site as it was previously developed for the temporary RV sales use. As a result, the proposed site plan and development of the site can be supported. Conditions are recommended; however, requiring detailed landscaping and lighting plans, restricting the number of RV units that can be displayed on the front portion of the site, and detailing other standard site development requirements, including a requirement for Municipal servicing of the site and underground utility connections. 236 Hughes Surveys & Consultants Inc. (on behalf of Aberdeen The RV Place Ltd.) Page 9 994 -1000 Rothesay Road August 7, 2009 Si2nne The applicant has not provided details regarding the location and design of any signage for the site, but detailed conditions for signage are not considered necessary as the "B -2" General Business standards are fairly restrictive. If approved, the "B -2" General Business zoning permits only one freestanding sign with a maximum sign area of 6 square metres (64 square feet). Given the approximately 240 metre (787.4 foot) width of the subject site, the zone's standard of 0.7 square metres of facia signage per metre of lot width could result in a very large facia sign; however, the relatively small size of the proposed buildings on the site will effectively restrict actual facia signs to much less than what could potentially be permitted by the By -law. A single mobile sign would also be permitted on this site, provided that it is located on the subject property and not in the street right -of -way. Conditional Use A travel trailer sales lot is a conditional use in the "B -2" General Business zone. As such, it is subject to such additional terms and conditions as may be deemed necessary by the Planning Advisory Committee. As this proposal also requires amendments to the Municipal Plan and Zoning By -law for the subject site, it is possible for all necessary conditions to be imposed by Common Council in the form of a Section 39 resolution. Therefore, if the Committee and Council decide to approve the proposed Municipal Plan amendment and rezoning with Section 39 conditions (as recommended), it is not considered necessary for the Committee to impose an additional set of conditions upon the proposed use. CONCLUSION: The subject sites are located on a provincial highway and collector road, adjacent to other commercial and light industrial uses, in an area that has long been seen by staff as appropriate for commercial development. The previous lack of municipal services in the area has prevented the approval of previous development applications; however, City water and sewer services are now available at this location and thus, the main development constraint has been removed. The requested amendments are recommended subject to conditions detailing the use and development of the site as is normally required for new commercial developments in the fidly serviced urban areas of the City. SH Project No. 09 -135 237 August 12, 2009 Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning Application 994 -1000 Rothesay Road On July 6, 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 August 11, 2009 meeting. Mr. Rick Turner, of Hughes Surveys & Consultants Inc., appeared to speak on behalf of the application and indicated that he was in agreement with the recommendations set out in the attached report. Mr. Turner also indicated that he felt the recommended conditions and financial security responded to the neighbour's concerns in the attached letters. Six neighbouring residents, including Ms. Paula Justason of 1020 Rothesay Road, Ms. Heather Chiasson of 1083 Rothesay Road, Ms. Elizabeth McGahan of 1107 Rothesay Road, Mr. Bahauddin Sheikh of the Islamic Centre at 1100 Rothesay Road, Mr. Doug Justason of 1020 Rothesay Road and Mr. Brian Chiasson of 1083 Rothesay Road appeared before the Committee to speak in opposition to the application. Mr. Michael Brain of 1491 Rothesay Road indicated that he had concerns as well as support for the application. The residents who spoke, and the letters received by the Committee, expressed a number of concerns regarding the compatibility of the proposed business with the existing neighbourhood, the appearance of the RV storage area from the road and from surrounding properties, flooding of the area, signage and landscaping for the business, traffic safety, and impact on surrounding residential properties. After significant discussion regarding the proposed use and the potential impacts on surrounding properties, the Committee adopted the recommendation as set out below. In addition to recommending a number of Section 39 conditions, the Committee has imposed its own condition upon the use of the site for a travel trailer sales lot that there be no more than 30 vehicles stored on the site at any one time, in addition to 8 vehicles on display at the front of the site. RECOMMENDATION: 1. That Common Council redesignate on Schedule 2 -A of the Municipal Plan, from Low Density Residential to Service Corridor, a parcel of land 238 -2- with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as being PID Numbers 55007264, 00296756, 00296541, 00297051, and 00297689. 2. That Common Council rezone a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as being PID Numbers 55007264, 00296756, 00296541, 00297051, and 00297689 from "RS -2" One and Two Family Suburban Residential to "B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development and use of a parcel of land with an area of approximately 1.2 hectares, located at 994 -1000 Rothesay Road, also identified as being PID Numbers 55007264, 00296756, 00296541, 00297051, and 00297689 be subject to the following conditions: a. The use of the subject site be limited to the applicant's proposed recreational vehicle sales establishment and two residential dwelling units in the existing building on the southern portion of the site; b. The developer must pave the driveway, parking area and vehicle manoeuvring areas with asphalt and enclose them with cast -in- place concrete curbs to protect the landscaping and to facilitate proper drainage; Adequate site drainage facilities, including any necessary catch basins, must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate. The approved drainage plan must be attached to any application for building permit for the development; d. The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking or trailer storage areas in accordance with a detailed landscaping plan to be prepared by the developer and subject to the approval of the Development Officer. The detailed landscaping plan must illustrate, at a minimum, enhanced landscaping and vegetation within the first 4 metres from the front property line and the approved landscaping plan must be attached to any application for building permit for the development. The detailed landscaping plan must also provide for immediate and maximum screening of the site in a reasonable amount of time; e. The landscaped areas required in (d) above must extend onto the City street right -of -way to the edge of the travelled road; 239 f. The number of recreational vehicles displayed along the front of the site be limited to a maximum of eight (8) at any time and at no time may any display vehicles be located within the required 4 metres of landscaping as noted in condition (d). g. Exterior lighting of the site must be in accordance with a detailed lighting plan, prepared by the developer and subject to the approval of the Development Officer, illustrating that all lighting will be designed so as not to shine onto adjacent properties. The approved lighting plan must be attached to any application for building permit for the development; h. The development must be serviced by municipal water and sewer; The site shall not be developed except in accordance with a survey- accurate site plan that is substantially in accordance with the proposal submitted with this application, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings and strictures, location and treatment of parking areas, driveways, storage areas, freestanding signs, lighting, landscaping and any other site features. The detailed site plan must illustrate that the driveway for the development is aligned with Ashburn Road. The approved site plan must be attached to any application for building permit for the development. j. All site improvements shown on the approved site, drainage, landscaping and lighting plans must be completed within one (1) year of building permit approval. k. The developer be required to submit security in an amount to be determined by the Planning and Development Department to ensure that the required landscaping and site development work is completed. And further that upon rezoning of the subject site, the land and any building or stricture thereon must be developed and used in conformity with the conditions identified herein. Respectfully submitted, Stephen Horgan, Chairman. SH Project No. 09 -135 240 241 n Q 242 1 5 r C7 Q n' z o' 0 0 �c I I 70 1� 0 17 Ml ui r _ I /,q.zo RovLe,-,�7 6L pc �.I9�I sl a,4-, A1115 - CZ-M j vi nsi�� -�-t -- it t-P.0 s/�" Gi 55-0 a h-�- '�'° via .�-n- %G�r.� "eV /"A�fi5 246 ( .1 ) C�L ego �- e .rvxzl ur- Xr� Aie 7 1�v� �"" 247 �4- j�Yt� lAe , o� �. AIO � Uot 'a s and Prict(c- TSlaSort /Po`�� JCPfli�su lDoao� 06 633- 5-/94f 248 249 PJ-as4etso-, job a jeo d s° pa. vvo- -�aao � � �t� 0� gam. 250 --0- w 9d� � ur✓ 9 251 (3) �� ,ice f�✓,�.� .� �r A 7JAII fw -�L- �a�e� -Z-� (4-) /,toy"- Xl� AO- ,Pa Az n 4&74-14�- ,� r7 253 (5,) Doualas and QufQ jl—t-s-QSOA 0 & o c) boot &I �- 633-5/ylf 254 1107 Rothesay Road Saint John, New Brunswick E2H2H9 Email: emc ahan nbnet.nb.ca 4 August 2009 Mayor Ivan Court and Members of the Common Council City of Saint John PO Box 1971 Saint John, New Brunswick E2L 4L1 Email: iyan.court@saint'ol hn.ca Dear Mayor Court and Members of Council, RE: Proposed re- zoning of 994 -1000 Rothesay Road Page 1 of 4 2 We are writing with regard to the forthcoming proposal to rezone 994 -1000 Rothesay Road from residential to commercial. This rezoning would permit the extension of Aberdeen Recreational Vehicles from its current locale at the end of Rothesay Avenue to the lot at 994 -1000 Rothesay Road. Five years ago this coinppy made a similar proposal and the Common Council rejected it. At that time the proposed trailer sales park operation was viewed as a visually discordant commercial use (i.e., outside storage of merchandise; lengthy frontage conveying cluttered appearance, dominating both the streetscape and neighborhood; negative impact on ambience of the area). The residents of Brookville-Torryburn are NOT aizainst commercial development, We are against commercial developments that would not complement the residential character of our neighborhood which is a pocket of heritage homes within the city. We would not object to an office building housing professional offices such as Keirstead, Quigley and Roberts Surveying operations or a limited retail venture such as exists at Frenchy's or at Paul's Flower Shop. Such businesses and/or offices conduct their operations within the walls of their establishments. On the contrary, the Recreational Vehicles Business would of necessity have to store its merchandise ( RV vehicles) outside. The very appearance of such a business (a trailer sales lot) would be visually incongruent with the majority of residences (largely heritage homes) and the limited businesses in an area which extends from the CNR underpass in Brookville to the Irving Convenience store at Torryburn. In the intervening five years since this proposal was presented and rejected in September 2004, two homes in the Brookville- Torryburn area have been designated as heritage homes: the Justason home at 1020 Rothesay Road and the 255 Page 2 of 4 McGahan home at 1 l 07 Rothesay Road. These homes have been designated under the Saint John Heritage Conservation Areas By -Law as forming the Torryburn Heritage Conservation Area. The city's Heritage Development Board has already approved and financially contributed to a number of heritage preservation improvements made by the Justasons to their home, built in 1926. The Board has approved the initial application for financial support to preserve the McGahan home, built in 1873. Heritage_ development IS development In addition to these examples of preserving the heritage ambience of Brookville- Torryburn, new construction in the Highlands of Drury Cove, includes an office building visible from the proposed rezoning site which was recently completed in a colonial heritage motif, emphasizing the design elements of the area. Moreover, a commercial building has been constructed within the perimeter of the Highlands of Drury Cove, incorporating attractive design elements. In short, visible development in the Brookville-Torryburn area is tending towards a reinforcement of preservation and enhancement of the area's heritage ambience and, in the case of the Justason and McGahan homes, with financial assistance from the city. Equally important, a recent approval of a rezoning at 1437 Rothesay Road in Torryburn further supports (based on the submitted building sketch) the trend towards approving commercial developments that are attempting to support, through design and usage, the primarily residential character of the Brookville- Torryburn area. This attention to individual lots is occurring in a neighborhood about to receive sidewalks and bicycle lanes — additions for which the neighborhood has long lobbied and which we anticipate will promote the pedestrian ambience of the area. We would emphasize that this area has always been a residential area. It is our understanding that there are currently no design guidelines for any building in the city. We would urge the city to develop such design guidelines but for the present we request that this area remain a residential area. We will be attending the PAC hearing on August 11 to present a comprehensive overview of our objections to the extension of the Recreational Vehicles operation to our neighborhood. We urge the Council to preserve the residential ambience of our neighborhood by approving only those commercial enterprises that would enhance, not detract from, the overall appearance and character of Brookville- Torrybum. Our neighborhood is a visual timeline of homes dating from the 1850s to the 1940s, . a material repository of historic residential architecture. The ambience of this heritage pocket of homes within Saint John deserves the same interest and measure of preservation as the City now offers for our area's individual heritage homes, and extends to Trinity Royal. Thank you. 256 Page 3 of 4 Yours truly, Elizabeth W. McGahan, Brookville Brian and Heather Chiasson, Brookville 1083 Rothesay Road Tammy Dunlop, Brookville 1119 Rothesay Road Christine Evans, Torryburn 1496 Rothesay Road Pauline Head, Torryburn 42 Clairmont Road Anthony Iacuele, Torryburn 1526 Rothesay Road Douglas and Paula Justason, Brookville 1020 Rothesay Road Debra Lindsay, Highlands of Drury Cove 111 Fox Point Drive Khalid Malik, Brookville 1108 Rothesay Road Stan and Sonia Mabee, Brookville 1109 Rothesay Road Steve and Tammy Mifflin, Brookville 1124 Rothesay Road Pastor Lawrence Morin, Lighthouse of Faith Pentecostal Church Brookville 1161 Rothesay Road Mary Radamsky, Kennebecasis Park 3 Park Drive Tareq Syed, President New Brunswick Association of Muslims, Brookville 257 Page 4 of 4 1100 Rothesay Road Steve Varga, Brookville 1149 Rothesay Road Chong Kewn Yoon, Brookville 1121 Rothesay Road Paul and Lorraine Corcoran, Torryburn 1458 Rothesay Road 258 Page 3 of 4 Tours truly, �7" r , Elizabeth W. Gahan, Brookviil Brian and Heather Chiasson, Brookville 1083 Rothesay Road Tammy Dunlop, Brookville 1119 Rothesay Road Christine Evans, Torrybum 1496 Rothesay Road Pauline Head, Torrybum 42 Clairmont Road Anthony Iacuele, Torryburn 1526 Rothesay Road Douglas and Paula Justason, Brookville 1024 Rothesay Road Debra Lindsay, Highlands of Drury Cove 111 Fox Point Drive Khalid Malik, Brookville 1108 Rothesay Road Stan and Sonia Mabee, Brookville 1109 Rothesay Road Steve and Tammy Mifflin, Brookville 1124 Rothesay Road Pastor Lawrence Morin, Lighthouse of Faith Pentecostal Church Brookville 1161 Rothesay Road Mary Radamsky, Kennebecasis Park 3 Park: Drive Tareq Syed, President New Brunswick Association of Muslims, Brookville 1100 Rothesay Road 259 Page 4 of 4 Steve Varga, Brookville 1149 Rothesay Road Chong Kewn Yoon, Brookville 1121 Rothesay Road Pau] and Lorraine Corcoran, Torrybum 1458 Rothesay Road 260 1107 Rothesay Road Saint John, New Brunswick E2H2H9 Email: emc a(c�nbnet.nb.ca 4 August 2009 Mayor Ivan Court and Members of the Common Council City of Saint John PO Box 1971 Saint John, New Brunswick E21, 4L1 Email: ivan.court @saintiohn.ca Dear Mayor Court and Members of Council, RE: Proposed re- zoning of 994 -1000 Rothesay Road Page 1 of 4 We are writing with regard to the forthcoming proposal to rezone 994 -1000 Rothesay Road from residential to commercial. This rezoning would permit the extension of Aberdeen Recreational Vehicles from its current locale at the end of Rothesay Avenue to the lot at 994 -1000 Rothesay Road. Five years ago this cornvany made a similar proposal and the Common Council rejected it. At that time the proposed trailer sales park operation was viewed as a visually discordant commercial use (i.e., outside storage of merchandise; lengthy frontage conveying cluttered appearance, dominating both the streetscape and neighborhood; negative impact on ambience of the area). The residents of Brookville- Torryburn are NOT against commercial development. We are against commercial developments that would not complement the residential character of our neighborhood which is a pocket of heritage homes within the city. We would not object to an office building housing professional offices such as Keirstead, Quigley and Roberts Surveying operations or a limited retail venture such as exists at Frenchy's or at Paul's Flower Shop. Such businesses and/or offices conduct their operations within the walls of their establishments. On the contrary, the Recreational Vehicles Business would of necessity have to store its merchandise ( RV vehicles) outside. The very appearance of such a business (a trailer sales lot) would be visually incongruent with the majority of residences (largely heritage homes) and the limited businesses in an area which extends from the CNR underpass in Brookville to the Irving Convenience store at Torryburn. In the intervening five years since this proposal was presented and rejected in September 2004, two homes in the Brookville- Torryburn area have been designated as heritage homes: the Justason home at 1020 Rothesay Road and the 261 Page 2 of 4 McGahan home at 1107 Rothesay Road. These homes have been designated under the Saint John Heritage Conservation Areas By -Law as forming the Torryburn Heritage Conservation Area. The city's Heritage Development Board has already approved and financially contributed to a number of heritage preservation improvements made by the Justasons to their home, built in 1926. The Board has approved the initial application for financial support to preserve the McGahan home, built in 1873. Heritage development IS development. In addition to these examples of preserving the heritage ambience of Brookville- Torrybum, new construction in the Highlands of Drury Cove, includes an office building visible from the proposed rezoning site which was recently completed in a colonial heritage motif, emphasizing the design elements of the area. Moreover, a commercial building has been constructed within the perimeter of the Highlands of Drury Cove, incorporating attractive design elements. In short, visible development in the Brookville- Tonryburn area is tending towards a reinforcement of preservation and enhancement of the area's heritage ambience and, in the case of the Justason and McGahan homes, with financial assistance from the city. Equally important, a recent approval of a rezoning at 1437 Rothesay Road in Torrybum further supports (based on the submitted building sketch) the trend towards approving commercial developments that are attempting to support, through design and usage, the primarily residential character of the Brookville- Torryburn area. This attention to individual lots is occurring in a neighborhood about to receive sidewalks and bicycle lanes — additions for which the neighborhood has long lobbied and which we anticipate will promote the pedestrian ambience of the area- We would emphasize that this area has always been a residential area. It is our understanding that there are currently no design guidelines for any building in the city. We would urge the city to develop such design guidelines but for the present we request that this area remain a residential area. We will be attending the PAC hearing on August l 1 to present a comprehensive overview of our objections to the extension of the Recreational Vehicles operation to our neighborhood. We urge the Council to preserve the residential ambience of our neighborhood by approving only those commercial enterprises that would enhance, not detract from, the overall appearance and character of Brookville - Torrybum. Our neighborhood is a visual timeline ofhomes dating from the 1850s to the 1940s. a material renositgU of historic residential architecture. The ambience of this heritage pocket of homes within Saint John deserves the same interest and measure of preservation as the City now offers for our area's individual heritage homes, and extends to Trinity Royal. Thank you. 262 Yours truly, 1083 Rothesay Road i It 19 Rothesay Road I E VIA V? M mforlam Douglas and Paula Justason, Brookville 1020 Rothesay Road 1117-1— 1 61RW-T11rVk'r1rMT "V 1109 Rothesay Road 1124 Rothesay Road I "astor Lawrence Morin, Lighthouse of Faith Pentecostal Chl Brookville 1161 Rothesay Road Mary Radamsky, Kennebecasis Park 3 Park Drive New Brunswick Association of Muslims, Brookville 1100 Rothesay Road VA / 171 MIST W I On Rothesay Road * 1 1 1 1458 Rothesay 264 RECEIVED COMMON CLERK'S OFFICE AUG 0. 20 B-rti- /062o j o du s Pd. j-00 de ; E,�Z- 1`q d e -131a "G tea-; CJ ao �10-� W Lam/ /r r'"`'�` �� .%��lL s —�7"�J �✓1--. ��-P �[�CJ 265 • � .�`LG�c�' ,,rte .. / r xzi .l ems° Je V7L 266 w zv Zo �a G Gc— -fe_ 4z- Gi L Lf�S -C�✓ �L4� ?� e �GZ�tLI .C'C .-�� r 1 Cam' K mot- - �L.�_ G'f,1 WL e 7/L�o -,co �� 24 C4�) i'J7'� �'LG� lr� �� G'�G�'!� 'G ��L•< -L'� L2 -�C� -U .Q -GC�' �" l Ovw 01,5_.2 G� G•i �{-G c.�� yc.e'i.�.C} .� �L� �� -c��z G•i� ..L �-c� � L `L- �v u' � .- �- GL�L�•-G�rtc�G� -tom ��ti[ C�/'L� � L`��r �c � Y � Gu' •/�Zr_J !, � r �,/✓LrJ.L ��yJTT1c'�t'L� fJ�'L G JCL -c�-�� f �C'� y`lLe_a tom/ �� LLB Y`a-<7 ZZ 268 (6) V/111-1- / DO Ls�'ct s n a a so ri c 269 270 271 272 273 R e5 A4K-3 . .. .. .. ..... 14 0 274 I1 ) 275 276 277 278 279 BY -LAW NUMBER C.P. 110 -115 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRTE N" C.P. 110 -115 ARIdTE MODIFIANT L'ARR)'ETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: d6cr&6 ce qui suit : 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 1000 square metres, located at 693 -697 Manawagonish Road, also identified as PlD numbers 55037683 and 00036053, from "R -2" One and Two Family Residential to "R -4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - 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: L'arret6 sur le zonage de The City of Saint John, decr&6 le dix -neuf (19) d6cembre 2005, est modifi6 par: 1 La modification de ]'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 1 000 m6tres canes, situee au 693 -697, chemin Manawagonish, et portant les NlD 55037683 et 00036053, de zone residentielle — habitations unifamiliales et bifamiliales uR -2» a zone r6sidentielle — habitations de quatre logements «R-4» conform6ment h une r6solution adoptec par le conseil municipal en vertu de ]'article 39 de la Loi sur 1'urbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QU01, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2009, avec les signatures suivantes Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arret6 de zonage de The City of Saint John Ge e O t� w� t� b 4 .ti A o l� 00 e cash er�eo� S 4 � r• 0 as lei ai ate C Oster s't• FROM 1 DE TO 1 A R -2 R-4 One and Two Family Residential Four Family Residential 1 1 Zone rdsidentielle- habitations Zone r6sidentielle- habitations unifamiliales et bifamiliales de quatre Iogements Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi sur I'urbanisme Applicant: Lawrence Mason Location: 693 & 697 chemin Manawagonish Road PID(s) /NIP(s) 55037683 & 00036053 06N76NW Drawn By1Cr66e Par: David Couture Date Drawn /Carte Cr66e: August 14 aout, 2009 Considered by P.A.C.Iconsid6r6 par le C.C.U.: July 28 juillet, 2009 Enacted by Council /Approuvd par le Conseil: Section 39 Conditions — 693 and 697 Manawagonish Road That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 1,000 square metres located at 693 and 697 Manawagonish Road, also identified as PID Numbers: 55037683 and 00036053, be subject to the following conditions: a. The use of the property is limited to either two three -unit dwellings as generally illustrated on the submitted site plan or one four -unit dwelling located in the centre of both lots. b. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, drawn on a survey - accurate site plan, and illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features; c. All parking areas and driveways be paved with asphalt; d. Any main buildings be constructed in accordance with detailed architectural plans prepared by the developer in accordance with the 'Infill Housing and Rehabilitation Design Guidelines and Zone Standards' document and subject to the approval of the Development Officer; e. All main buildings be serviced by municipal water and sewer and underground public utilities; f. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within one (1) year from the issuance of a building permit for the development. 282 a. August 14, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors-, Subject: FlxMyStreet.com Common Council and city Staff are committed to exploring ways to improve the delivery of city services. I believe we need to consider various ways we might achieve greater levels of efficiencies. As a part of this process, I am suggesting that Council consider using the service of a website called "fix my street". This website has been set up by a non-profit organization which encourages citizens to report problems which exist by posting information/pictures on the website. The website then forwards the posting to the municipality and subsequently tracks the progress being made in addressing the inquiry. I believe this website could potentially provide citizens with a more effective and efficient way to provide information with city staff. Using this online resource could encourage and facilitate better communication by linking people with innovative and vital service supports. It will also promote citizen participation in making their community a better place. Currently, Ottawa and Charlottetown utilize this online service Motion: I propose that the city manager present a report to Common Council on the feasibility of utilizing the FixMyStreet.com online resource. Respectively Submitted, Councillor Snook SAINT JOHN PO. Box 1971 Saint John, NB Canada E2L 4L1 � wwwsaintjohn.ca � C.R 1971 Saint John, N.-B. Canada E2L 4L1 283 Your Worship and Councillors: Subject: Graffiti Management Plan Constable Jeremy Edwards, our south end community police officer, along with members from P.U.L.S.E have been working hard to eradicate graffiti in their neighbourhood. They identified over 40 places where graffiti exists in the south end of our city. Apparently a lot of time is devoted to raising money and finding partners to create and implement such anti graffiti strategies /programs. Presently, the city of Saint John does not have a policy/program in place that supports the implementation of a strategy to reduce and promote the eradication of graffiti on non-city owned property. We do have an effective anti-graffiti policy and program implemented by our city's Leisure Services department that is specific to our parks and recreation facilities. In my opinion, the City of Saint John should help individuals and community groups in the fight against graffiti. Many municipalities around the country are implementing more aggressive anti graffiti programs by doing things such as providing funding for the materials used in the removing of graffiti. I have attached the revised graffiti management plan that was submitted for Halifax in August 2006. Recently, Halifax has started providing "graffiti removal" kits to property owners and are hoping to see a sharp decline in dormant graffiti on properties around the municipality. Motion: The City Manger will explore the feasibility of creating a graffiti management plan for the City of Saint John and subsequently present to Council the costs of implementation. This plan will outline a strategy to reduce and promote the eradication of graffiti on non-city owned property by addressing how the city will support and work with individuals, community police officers and/or community groups in order to insure there are sustainable and effective programs for the removal of graffiti around our city. Respectively Submitted, ;., ncillor Snook ........ . ........ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 wwwsaintiohn.ca I C-P 1971 Saint John, N.-B. Canada E2L 4L1 284 Revised H RM's G raffiti Management Plan Prepared By: Andrew Whittemore Submitted: August 1, 2006 Page -I- 285 INTRODUCTION HRM's Mayor and Council are committed to providing a clean, vibrant, safe and welcoming atmosphere for all residents, workers and visitors. As part of this commitment, HRM has created its first Graffiti Management Plan. Since 2002, HRM has dedicated resources towards the removing and advising how to reduce the likelihood of property from being targeted by graffiti vandals. Unfortunately, the issue continues to grow and pose serious challenges. The Graffiti Management Plan encapsulates a whole of community approach meaning it recognises that graffiti occurs on a range of public and private property and affects the whole community. Accordingly, the responsibility for managing graffiti will be most effective when all the stakeholders participate and a multi- faceted approach is applied. Page -2- 286 CHAPTER ONE THE BACKGROUND 1.1 What is Graffiti Graffiti is a form of vandalism (property damage) where property is marked or defaced through the use of spray cans, markers or any form of paint without the permission of the property owner. The word `graffiti' derives from the ancient Greek (yrafo, meaning `to write') and from Latin (graffito, `scratch'). There are a number of forms of graffiti. The most commonly seen are "tags" and "throw -ups" which usually appear on highly visible areas such as buildings and railway sidings. A) Tagging — style of calligraphy writing that is an identification mark representing the name of an individual or group B) Throw -ups —'fat' bubble style outline of a word (usually a tag name) drawn quickly. C) Political or social comments — slogans used to signal concern about particular issues D) Piece— generally a more complex work involving some form of `artistry'. They are usually a highly stylized and colourful version of a tag or crew name E) Etching - scratching of a surface through use of rock, etching tools and or sharp objects. 1.2 Who is Writing Graffiti? People who write graffiti are often named "graffiti bombers ", "graffitists ", "graffiti vandal ", "graffiti artist ", "graffers" or simply "writers ". In HRM, there does not appear to be a typical demographic for writers. While many teenagers are involved, many bombers continue well into their twenties and thirties. 1.3 Why is Graffiti a Problem? There are many people in HRM, particularly graffiti bombers, who do not view graffiti to be a problem. Rather, they strongly support graffiti as a form of expression. However, most of HRM's residents and many business owners view graffiti, particularly tags, as a criminal offence that is a blight on HRM's environment. The problems with graffiti can be generally categorised into the following: a) Physical danger Graffiti is often performed in dangerous and difficult to access locations, such as Page -3- 287 beside railway lines and on high buildings. Graffiti bombers who manage to tag in higher and more difficult locations achieve a higher stature amongst the graffiti subculture. b) Community perceptions of "disorder" Graffiti adds to community perceptions of "disorder ", fear of criminal activity and feelings of general "lawlessness" in our society. Graffiti leads to social decline including alcohol, drugs, litter, broken glass. c) Graffiti may involve young people in cross offending behaviour. Young people who are involved with graffiti may also be involved with other minor offences such as shoplifting for materials, fighting between crews or individuals, vandalism and forceful entry to private property. d) The costs to the community The financial costs of graffiti are significant including the resources of staff - police, legal systems, corrections, graffiti removal, administration and management expenses, insurance premiums, and treatment of properties for prevention. 1.4 HRM's Graffiti Experience The experience of graffiti in HRM is not unlike that experienced by many other municipalities. Graffiti is found on a variety of public and privately owned property throughout the municipality. There is not necessarily any particular pattern to where it appears, although some places have become popular and regular canvasses for graffiti. These places include but are not limited to: • Railway lines • Capital District Retail Core • Regional and Major Commercial Streetscapes • Community Recreation Centres and Schools • Parks and Playgrounds • Highway overpasses /bridges • Fences • Street furniture and equipment (ie. light poles, mailboxes, traffic signs, and bus shelters) • Utilities (electrical boxes and pumping stations etc.) 1.5 The History of HRM's Graffiti Initiative In 2002 the Community Response Team (CRT) was established. The CRT was created to respond to community safety issues, including coordinating HRM responses to graffiti. Page -4- 288 As a first step, the CRT retained Staff Sergent Kuck from the Toronto Police Service, a well known expert in Graffiti, to conduct training and education workshop sessions. The workshops were intended to provide HRM staff a good understanding of Toronto's approach to graffiti management, which focuses on: • eradication, • education, • empowerment, • enforcement and • economic development. In 2003, the CRT formally launched HRM's Graffiti Eradication Program, which was based on Toronto's approach. The program recommended several key actions including: ❑ establish and train staff in removal of graffiti ❑ coordinate education ❑ maintain equipment for removal ❑ liaise with corrections in the placement of people for community service ❑ catalogue and file all incidents of graffiti ❑ coordinate cleanup in a timely fashion ❑ coordinate CPTED audits ❑ promote anti graffiti program ❑ liaise with other BUs 1.6 HRM's Progress Since the launch of the eradication program, HRM has removed approximately "300,000 sq ft of graffiti. Last year HRM received and responded to approximately 200 calls. Upon receipt of graffiti, a 2 person graffiti removal crew is dispatched to clean the graffiti. The cost of removing graffiti from HRM owned assets is approximately $150,000 annually, which includes the cost of staff, equipment, and vehicle expenses. Beyond the 2 person graffiti removal crew, a number of HRM staff regularly deliver education programs about graffiti. The RCMP currently deliver a Graffiti Awareness Program targeting school aged children, while HRP conducts modules on anti - graffiti aimed at Junior and High School Students. A Graffiti Information Brochure and a children's flyer was produced to educate the public, and community meetings are regularly conducted by CRT to educate residents on how to prevent and report graffiti incidences. The CRT also works directly with community members to assist them with community safety audits and to develop local strategies for preventing anti - social behaviour, crime and vandalism. The CRT also assists the community to mobilize. Page -5- 289 HRM is also focussing on engaging the graffiti bombers, and their parents, as part of the overall eradication program. For instance, upon laying of charges HRM conducts mediation sessions with the offenders, parents and Community Justice representatives. These sessions are intended to raise the level of awareness among the violators and parents, of the true impact of graffiti. In terms of enforcement, since the launch of the graffiti program, the number of reported incidents of graffiti crime and criminal charges laid, have steadily increased. A major factor in the success can be attributed to the surveillance camera equipment that was purchased by HRM and used by police and the business community. Additionally, staff's research on the sub - culture of graffiti over the last several years has allowed them to gain more insight and become more effective at enforcement. 1.7 Why is a Graffiti Management Plan Necessary? Despite HRM's progress on many fronts, graffiti remains to be a considerable challenge for our municipality. Graffiti is viewed as blight on the urban landscape perpetuating feelings of a community that is dangerous and uncared for. The cost of graffiti is considerable for HRM in terms of removal from assets and dealing with the complaints of graffiti on private property, who are burdened with the costs and effort to remove graffiti. Even more challenging are the immense number of buildings and assets owned by public utilities and other governments to which HRM has no direct control. This Plan is required because there is a need for a more coordinated, multifaceted approach to graffiti management. There needs to be a clear message to all citizens that graffiti is unwanted, unwelcome and will not be tolerated. In HRM the Plan must articulate Council's commitment to getting tough on graffiti and to generate lasting change in attitudes and behaviour towards graffiti. Page -6- 290 2002 2003; 2004 2005 RCMP 31 reports made 50 reports 62 reports made 3 arrests 3 arrests 4 arrests 3 to Restorative 3 to Restorative no arrests Justice Justice HRP 18 reports 89 reports 87 reports 51 reports 8 arrests 15 arrests 1 arrest 3 arrests 8 to Restorative Justice 1.7 Why is a Graffiti Management Plan Necessary? Despite HRM's progress on many fronts, graffiti remains to be a considerable challenge for our municipality. Graffiti is viewed as blight on the urban landscape perpetuating feelings of a community that is dangerous and uncared for. The cost of graffiti is considerable for HRM in terms of removal from assets and dealing with the complaints of graffiti on private property, who are burdened with the costs and effort to remove graffiti. Even more challenging are the immense number of buildings and assets owned by public utilities and other governments to which HRM has no direct control. This Plan is required because there is a need for a more coordinated, multifaceted approach to graffiti management. There needs to be a clear message to all citizens that graffiti is unwanted, unwelcome and will not be tolerated. In HRM the Plan must articulate Council's commitment to getting tough on graffiti and to generate lasting change in attitudes and behaviour towards graffiti. Page -6- 290 1.8 What Best Practices Research Says? Communities worldwide continue to grapple with graffiti and in response have adopted graffiti management strategies. Given that HRM still has much to do in the area of managing graffiti, the best practice research may provide added insight into areas for improvement. The following is a brief overview of some of the key findings of a best practice research. These findings have been considered in the overall context of the policies contained within the graffiti management plan • Communities are looking to HRM for leadership on the graffiti issue, and to work with communities to address the problem; • HRM is seen as having an essential financial role to play in supporting private properties in the removal of graffiti. There is no clear direction, however, as to the extent or nature of the perceived financial responsibility; • The prompt removal of graffiti is widely seen as an effective deterrent to further hits; • Many view private property owners as victims of graffiti who should not simply be punished for having graffiti on their properties. However, private property owners would be more willing to clean up their properties if HRM would provide some level of removal; • There is quite broad tolerance for legitimizing as artists the creators of artistic graffiti, and supporting them by providing designated spaces as sanctioned canvasses for their art; • Creators of urban art are generally very critical of the tagging, hateful messages, etching, etc., which they consider simple vandalism. Most graffiti bombers indicate that they would not target other properties if legitimate spaces were made available, but also recognize that taggers and vandals may not be dissuaded by legitimate spaces; Education is seen by many as a key to reducing graffiti: Education of property owners, business owners and communities as to how to prevent and cost - effectively deal with graffiti; Education of perpetrators and their parents regarding the damage graffiti bombers cause and the penalties they may face is also key to managing graffiti; Education of the legal system as to the importance of prosecutions and deterrent penalties is also required to understand the significance of the Page -7- 291 issue; • There is support for more aggressive policing for apprehending and charging graffiti perpetrators and requiring them to remove graffiti as part of their punishment; • Business improvement associations are viewed as important mechanisms for fighting graffiti on retail properties; • Working with private property owners to encourage removal of graffiti from assets they own, including offering graffiti removal kits /paint vouchers where appropriate and clean blitz in retail core and high profile pedestrian areas throughout the municipality; • Providing information and advice on how to prevent graffitists targeting their property is important 292 CHAPTER TWO THE POLICY The Graffiti Management Plan is a municipal wide approach to graffiti management that incorporates a range of actions to be implemented over the next several years that will not only prevent and clean -up graffiti but improve our engagement with the people who are doing graffiti. While Council are providing leadership to this Plan, its ultimate success will come from all stakeholders — residents, businesses, institutions, graffiti bombers and property owners participating in graffiti management. 2.1 The Goal The goal of the Graffiti Management Plan is: To reduce the prevalence of graffiti in HRM through a coherent set of initiatives while simultaneously strengthening our community capacity, and increasing civic responsibility. 2.2 The Objectives: • To adopt best practice initiatives deployed in comparable government settings; • To remove graffiti as quickly as possible as a deterrent; • To encourage preventative techniques as a deterrent to graffiti; • To involve the business community, community organizations, individual residents, youth and graffiti bombers as partners in reducing graffiti; • To ensure a good understanding of the factors that motivate individuals to commit illegal activities and anti - social behaviours; • To ensure legal instruments necessary for discouraging and responding to graffiti are in place 2.3 The Guiding Principle Statements While it is not possible to eliminate graffiti altogether, the policies contained herein are intended to reduce the prevalence of graffiti. The approach to graffiti management is guided by a series of statements which will guide all decisions and policy directions. GP1 HRM recognizes that to reduce graffiti a range of strategies and a `whole -of- Page -9- 293 community' approach is required; GP2 HRM recognizes a need to clearly distinguish between graffiti and urban street art; GP3 HRM recognizes that there is great value in programs which focus on the prevention of graffiti before it occurs; GP4 HRM acknowledges that as far as possible, measures taken to remove graffiti need to be cost effective and environmentally friendly; GP5 HRM recognizes graffiti to be a serious issue that must be addressed through a persistent approach to enforcement; GP6 HRM is committed to working at the community level to address graffiti issues.; and GP7 HRM recognizes that there needs to be an equitable balance between roles and responsibilities in graffiti removal. 2.4 The Strategic Focus HRM has a critical leadership role to play in the successful engagement of government, the private sector and the broader community necessary to prevent and remove graffiti. To fulfill this role this Plan provides a comprehensive approach based on the following 7 strategic areas of focus. 1. Graffiti Tolerance 2. Rapid Removal and Monitoring 3. Community Awareness and Education 4. Prevention and Diversion 5. Active Enforcement 6. Community and Corporate Partnerships 7. Understanding & Engaging Graffiti Sub Culture Page -10- 294 Part One GRAFFITI TOLERANCE Graffiti is a major concern for all of HRM. Over the last several years there seems to have been a steady rise in the number of incidents for which the public has expressed a level of low tolerance. HRM's approach to graffiti management management will focus on HRM in its entirety being designated a `no tolerance' graffiti zone. By creating a `no tolerance' graffiti zone HRM wide, it is intended to send a clear message that graffiti is not tolerated in any area of HRM. Specifically, all communities HRM wide will be encouraged to take civic pride as it pertains to graffiti clean -up, with HRM providing available resources for monitoring and policing. Local business communities and other government and corporate partners are encouraged to focus their efforts in this direction as well. Further, in an effort to make HRM graffiti free, graffiti vandals will be provided with opportunities to express and showcase their creativity in a more positive manner. Policy 1 HRM in its entirety will be designated a `no tolerance' graffiti zone. Policy 2 Pursuant to Policy 1, HRM will seek the commitment of corporate and other government partners to take civic pride as it pertains to graffiti removal off their property. Policy 3 Pursuant to Policy 1, HRM will provide available resources for monitoring and policing, to proactively identify graffiti incidents. Policy 4 In an effort to make HRM graffiti free, graffiti vandals will be provided with opportunities to express and showcase their creativity in a more positive manner, through the identification of new opportunity sites for their work. Local communities shall be engaged before an opportunity site is identified and to establish the appropriate conditions and uses around each site including, but not limited to: a) temporary versus permanent displays b) appropriate materials c) subject matter d) construction hoardings (removable) e) street art Page -11- 295 f) traditionally problematic sites (ie. derelict buildings, retaining walls etc.) Policy 5 Notwithstanding Policy 4, no graffiti opportunity site shall be located within a heritage conservation or streetscape area unless otherwise approved by the HRM Heritage Planner. Page -12- 296 Part Two RAPID REMOVAL AND MONITORING Experience shows that quick removal of graffiti from the time of its occurrence is very important in the overall reduction of graffiti. This is due primarily to the fact that graffiti vandals tend to become easily discouraged and will not continue in a particular area where their work has been rapidly and repeatedly removed. The challenge with rapid removal is that the degree of effectiveness depends on graffiti being removed from the entire area. This obviously is more complicated where graffiti is found on properties other than those owned by HRM. To date, HRM has focussed graffiti removal on HRM owned assets. However, in order to break the cycle of ever - increasing incidents of graffiti, HRM will need to consider a better balance to public and private property in order to substantially eradicate graffiti in HRM. Removal Service from HRM Owned Assets Policy 6 HRM will regularly monitor, report, record and assess the level of graffiti vandalism on public and private property. Policy 7 HRM will remove graffiti from HRM owned assets within 3 days of notification, and 5 days in areas beyond "no tolerance graffiti zones" Policy 8 Notwithstanding Policy 7, HRM will remove graffiti from HRM owned assets that contains racist, obscene or offensive material immediately upon notification, not exceeding a maximum of 24 hours. Policy 9 All solvents, additives or products used by HRM for removing graffiti will be handled with ecologically sound practices to minimise harm to the environment and to comply with relevant environmental law and policies. Policy 10 HRM will ensure care is taken in removing graffiti from HRM owned buildings and structures of special significance (heritage buildings and monuments) so that prior to removal HRM's Cultural Coordinator and Heritage Planner will be consulted on the proposed approach. Integrated Removal Service Policy 11 Litter, illegal signs, postering and other community ephemera are intrinsically linked with graffiti in their negative impact on HRM's Page -13- 297 environments. Therefore, stickers, posters, and litter found within the vicinity of the graffiti will be removed as a component of the overall removal service. Policy 12 Pursuant to Policy 7, while removing graffiti, within a distance of at least 10 metres from the point of the incident as well as 10 metres back from where a side street intersects, HRM will scan and remove other incidents of graffiti, litter, posters, stickers and and other community ephemera. Graffiti Removal From Private property Policy 13 HRM will provide assistance to public property owners with the removal and prevention of graffiti on private property through introduction of a public property graffiti removal program, focussing on, but not limited to: a) providing Graffiti Removal Tool Kits; b) conducting targeted `blitzes' for both public and private property; C) intervening where graffiti is racist or obscene; and d) provision of graffiti deterrents. Policy 14 HRM recognizes that older residents and /or persons living with a disability may be unable to remove graffiti from their home. Therefore, where feasible, HRM will consider providing some support, such as a small community grant, to assist with removal. Other Government, Agencies and Corporations Policy 15 HRM will seek the commitment of other governments, agencies and corporations, including but not limited to Aliant, Nova Scotia Power, CN, Canada Post, Halifax Regional School Board, NS Transportation and Public Works, to comply with HRM's graffiti removal standard set out in Policies 1 and 2. Policy 16 Notwithstanding Policy 3 and 4, HRM may consider establishing agreements with public authorities, other levels of government, agencies and commissions to remove graffiti where the costs can be recouped and where resources are available. Page -14- 298 Part Three COMMUNITY AWARENESS & EDUCATION Education is absolutely key to a successful graffiti management program. A more informed community is more likely to adopt prevention measures and change from being passive victims to becoming active participants combatting graffiti within their community. The proposed policy aims to raise community awareness of the graffiti vandalism problem, its impact on the whole community, and the prevention and diversionary measures that are available. Information Policy 17 HRM will minimize misconceptions around graffiti and community safety that arise from a lack of information and knowledge through the ongoing provision of information on a) the complex nature of graffiti, b) the causes, and c) the costs of graffiti to society. Policy 18 HRM will raise public awareness on the importance of reporting graffiti and how to report graffiti. Messaging Policy 19 HRM will reinforce the message that graffiti is not acceptable in HRM through the development of high quality educational materials and communications. Policy 20 HRM will engage local media and corporate partners to assist in educating and informing the public on graffiti management and to reinforce the message that graffiti is not acceptable in HRM. Social Marketing and Accountability Policy 21 HRM will aim to reverse anti - social behaviours such as graffiti, littering, etc through a sustainable social marketing campaign. Page -15- 299 Part Four PREVENTION AND DIVERSION Prevention and diversion are an important component of any graffiti management plan. The rationale behind this preventative and diversionary technique is to gradually change the attitudes and behaviours of graffiti bombers. Preventative techniques refer mostly to environmental measures that are used to minimize the opportunity or occurrences of graffiti vandalism. For instance, urban and building design features, improved lighting, and electronic surveillance are all measures that can be very effective in preventing graffiti. Alternatively, social diversionary measures concentrate on providing more acceptable outlets for graffiti bombers as a means for diverting graffiti vandalism. Social diversion focusses on engaging graffiti vandals to participate in positive community -based projects; developing a positive community image for youth; implementing education about graffiti at the primary, secondary and tertiary levels, and involving graffiti bombers in the development of graffiti management programs. Preventative Measures Policy 22 HRM will consider the goal and objectives of the graffiti management plan and their relationship to community planning, public space, urban character and neighbourhood amenity. Policy 23 HRM will consider amending municipal permitting processes (ie. vending, construction, development) to ensure responsible graffiti management practices and CPTED principles are inherent. Policy 24 HRM will reduce the potential for creating environments that support criminal activity by giving consideration to the following environmental measures: a) use of good urban and building design and materials to reduce opportunities for graffiti vandalism; b) use of graffiti resistant materials; C) improved lighting; d) good landscaping practices; e) use of surveillance cameras and security guards to patrol properties; f) improved opportunities for passive surveillance through good design and incorporation of interface areas between the private Page -16- 300 and public realms; Opportunities for Positive Contributions Policy 25 HRM will aim to provide legitimate outlets for graffiti vandals which are acceptable to society including but not limited to: a) keeping potential graffiti vandals occupied through engagement in positive community -based projects; B) raising the self- esteem of young people; C) promoting a sense of responsibility for ownership of community resources; D) graffiti education initiatives at the primary, secondary and tertiary level; and E) involving graffiti vandals in the implementation of Graffiti Management Plan. Situational Analysis Policy 26 HRM aims to deter offenders from continuing to engage in graffiti activity through ongoing situational management that involves analysing the `risks and rewards' of graffiti to the graffiti vandal. Restitution Policy 27 HRM will pursue opportunities for graffiti offenders to make reparation for their offences and to assist in rehabilitation. Page -17- 301 Part Five ACTIVE ENFORCEMENT Apprehending, prosecuting and obtaining restitution from offenders is a key element of successful graffiti management. If graffiti vandals carry out their activities with impunity, there is little motivation for them to stop. Therefore, consideration must be given to policing and to the availability of legal tools to discourage such graffiti vandalism. An important aspect of an overall approach to enforcement is a coordinated supply of graffiti evidence. While HRM collects data on both the prevalence and nature of graffiti, there is scope to improve the recording of incidents reported to police and the recording of data that links particular types of graffiti to offenders. The involvement of residents and business owners within the neighbourhoods is critical to fighting the crime of graffiti vandalism. The commitment of residents and business owners to a community - police partnership will signal widespread disapproval of graffiti vandalism and support for police enforcement activities. Legislation is also useful for effectively addressing crime and public safety issues such as graffiti. A number of legislative options to enhance the graffiti reduction outcomes of this Plan, such as a graffiti bylaw, will be explored. New legislation will also facilitate greater coordination and partnership between HRM, statutory and voluntary organisations, and private business. Enforcement Policy 28 HRM will actively enforce all applicable laws as they relate to graffiti. Policy 29 Where resources allow, HRM will apply more aggressive and persistent enforcement practices in specific areas. Policy 30 Notwithstanding Policy 29, HRM will shift from aggressive enforcement practices to targeted enforcement once adequate experience and understanding of effective enforcement is achieved. Policy 31 As available resources dictate, HRM will move towards a gradual focussing of police resources to the following areas: a) building on existing database to assist investigations and prosecutions b) placing increased emphasis on arresting and charging suspects wherever possible 302 c) targeting prolific graffiti crews d) supporting Crown Counsel in prosecuting offenders e) expanding the Neighbourhood Watch program to include activities such as recording, reporting and voluntary eradication f) involving Crime Stoppers in dealing with graffiti. Surveillance Policy 32 Repeat graffiti is a problem that adds to the costs of removal and management of graffiti. Therefore, where feasible and resources allow, HRM will perform surveillance in areas known to be especially prone to repeat or prevalent graffiti vandalism. Data Management Policy 33 HRM will improve data collection, monitoring and reporting practices to more accurately assess the impact and prevalence of graffiti, to facilitate efficient prosecution, and to develop appropriate responses and programs. Policy 34 Pursuant to Policy 33, HRM will retain dated photographic evidence of each case of graffiti that is the subject of a graffiti removal notice (clearly showing the graffiti and location) for evidence in support of the prosecution of graffiti vandals. Policy 35 Pursuant to Policy 33, HRM will refine data collection methods to ensure the availability of statistics relating specifically to graffiti offences are readily available. Policy 36 HRM will develop partnerships with other policing agencies to encourage the exchange and communication of data. Legislation Policy 37 HRM will act as an advocate for legislative changes to give HRM greater power to deal effectively with graffiti vandalism. Graffiti By Law Policy 38 HRM will consider adopting a Graffiti Bylaw to provide Council with the power to: a) facilitate the removal of graffiti from private property; b) fine a property owner, manager or occupier if graffiti is not removed Page -19- 303 when directed to do so by an authorised officer; and C) prohibits retailers from displaying and selling graffiti implements Policy 39 Notwithstanding, Policy 38, HRM will take all reasonable steps to avoid using the Graffiti Bylaw and its powers contained within by focussing on co- operative and constructive partnership arrangements with private property owners and occupiers to prevent, manage and remove graffiti. Community Watchdog Policy 40 HRM will explore establishing a graffiti rewards program (ie. Crime Stoppers) for eligible members of the public who report graffiti vandalism in progress or who provide information regarding graffiti vandalism to HRM. Page -20- 304 Part Six COMMUNITY & CORPORATE PARTNERSHIPS Local communities have a significant role to play in graffiti management as they are best placed to understand their local environments and as such develop relevant solutions to local graffiti issues. Local community organisations should be supported and encouraged to facilitate the development of innovative and sustainable local approaches to graffiti management. Engaging residents in a range of volunteer based activities including surveillance and patrol has been an effective management technique. Parental involvement is also a key component in preventing the crime of graffiti vandalism through observation, child - parent communications and parental observation that may help detect the involvement of youth in graffiti vandalism activities. Preventing young people from becoming involved in graffiti is also an important component of the multi- faceted approach to managing graffiti. HRM's youth face complex, hard -to manage challenges and demands. They are under constant pressure to make choices in their lives. Unfortunately, sometimes they may not be emotionally mature enough to make the right decisions. HRM needs to help youth structure their lives through on going education about the value of community and the importance of civic - mindedness and civic skills. Widespread involvement of other government partners, agencies and corporations is also essential to addressing the complex issues associated with the effective management of graffiti. While corporations such as Aliant, and agencies such as the School Board continue to invest significant resources in prevention and clean -up of graffiti, considerable scope exists to engage other levels of government and the private sector. Civic Accountability Policy 41 HRM will foster a greater sense of civic - mindedness in HRM adults and youth through focussed education on the value of community and skills for value- oriented thought and action within a context of social responsibility. Policy 42 HRM will focus resources towards rebuilding social control and increasing citizen accountability for the actions by facilitating the establishment of neighbourhood advocacy groups or organizations, and support them in activities. Page -21- 305 Community Capacity Policy 43 HRM will encourage feelings of well being, amenity and belonging within the community through active community engagement and community capacity building. Because young people need to be won over for civic engagement in the community, HRM will ensure that they are afforded opportunities to contribute in their own manner, interests and allowed to create their own solutions to problems. Policy 44 HRM will enhance community awareness about their roles and actions and initiatives which might be taken to reduce and prevent graffiti including but not limited to: A) Patrolling neighbourhoods to detect and report incidents of graffiti vandalism and identifying those responsible for the crime B) Delivering educational programs to inform youth and adult audiences of the impact of graffiti vandalism, its prevention, and the consequences related to graffiti vandalism C) Helping with distribution of graffiti - clean up kits to help immediately wipe out the blight of this crime D) Coordinating citizen efforts to combat graffiti vandalism E) Participating in neighbourhood graffiti clean -up days f) Participating in anti - graffiti vandalism efforts wherever needed and working with respective neighbourhood groups. Policy 45 HRM will continue to assist communities and neighbourhoods to develop locally appropriate responses to graffiti prevention and management through ongoing education, information sessions, and community capacity building initiatives. Corporate Partnerships Policy 46 HRM will continue to encourage private sector support for the development and implementation of initiatives to address graffiti. Policy 47 HRM will pursue formal agreements with private sector and other governments including CN, Canada Post, Aliant, Nova Scotia Power, HRM School Board, and NSTPW, to enter partnerships on joint graffiti management initiatives. Policy 48 HRM will pursue funding from other levels of government in support of establishing strong community partnerships and developing innovative responses to graffiti in high priority areas that can be replicated elsewhere. Page -22- 306 Policy 49 HRM may provide opportunities for private sector contributions through direct funding and /or in kind support for strategies to address graffiti at the local level. Page -23- 307 Part Seven UNDERSTANDING & ENGAGING GRAFFITI CULTURE Graffiti vandals are difficult to engage, but are essential to the solution. Care must be taken to ensure that actions to manage graffiti do not further alienate or endanger them. Understanding graffiti culture is crucial to developing some solutions to this problem as hard enforcement and removal will never totally eradicate graffiti. While significant research has been undertaken into the nature and culture of graffiti, further work is required to investigate the factors that influence antisocial behaviours such as graffiti. The availability of such research will help in designing targeted intervention strategies to encourage more positive social outcomes. In addition, providing positive alternatives to a graffiti lifestyle is an important component. Successful programs focus on education about the effects of graffiti, opportunities for personal development, and linkages to employment and training. Research Policy 50 HRM will continue to research and to investigate the nature, prevalence and precursors to engagement in anti - social behaviour. Engaging Graffiti Vandals Policy 51 HRM will engage graffiti vandals in a non - antagonistic manner concerning the causes of graffiti and what might be done to: a) reduce graffiti b) encourage and invite older (or more experienced) former vandals to act as mentors to younger individuals. Policy 52 HRM will increase the range and type of challenging and entertaining activities to address the centrality of hip hop culture, and to promote the positive aspects of such culture. Page -24- 308 CHAPTER THREE IMPLEMENTATION This Plan identifies areas where further work is required to enhance HRM's approach to graffiti management. Several different HRM business units currently have a role in aspects of graffiti management. Unfortunately, the activities of individual business units have not always been well coordinated The success of this Plan will depend on HRM working collaboratively to maximise the effectiveness and efficiency of the Plan. 3.1 Who is Responsible for Implementing the Plan? The HRM Community Response Team (CRT) will play the leadership role in the overall coordination and implementation of the Graffiti Management Plan. The CRT Staff will be responsible for ensuring that the organization is aware and is subscribing to the policies contained within the Plan, and that the actions listed in this chapter are completed. The CRT will also be responsible for monitoring the Plan, reporting to Council on the success of the Plan, and identifying potential gaps or weaknesses that may require changes to policy and approach. Beyond the CRT, the Graffiti Management Plan will require the ongoing cooperation and joint administration of several departments and staff: a) Halifax Regional Police b) RCMP C) Capital District d) CCED (Community Development, Culture and Heritage) e) Transportation and Public Works f) Planning and Development g) Corporate Communications h) Legal. In addition to these staff, the Plan's whole community approach will require that serval key community and corporate stakeholders play an active role in its implementation. The groups include: a) HRM School Board b) NS Justice Department C) Nova Scotia Transportation and Public Works d) Canada Post e) Canadian National f) Aliant g) Nova Scotia Power Page -25- 309 h) BIDCs (Business Improvement District Commissions) i) Residents Associations j) Community watch groups k) Parents 1) Graffiti Vandals m) Youth Policy 53 The Community Response Team will coordinate and oversee the overall implementation of HRM's Graffiti Management Plan. Policy 54 The CRT will establish and support a Graffiti Task Force comprised of staff, Council, corporate, BIDC, and graffiti sub - culture representatives to: a) implement this Plan, b) work jointly on sponsored events and programs, c) share knowledge and information; d) facilitate ongoing inter - divisional /organizational education on graffiti trouble spots, writing instruments and investigative techniques; and e) develop long term collaborative initiatives. Policy 55 The CRT will annually, through consultation with the Graffiti Task Force, develop an action plan and supporting budget to submit for approval by Council in conjunction with the corporate business planning and budget process. 3.2 Evaluation and Monitoring It is important to evaluate and monitor the progress of the Plan and to keep the Council and the community informed. A reporting element will be a key component of implementation. The effectiveness of the Graffiti Management Plan will be evaluated regularly and improvements made to the Plan where required. Evaluation will enable staff and Council to understand `what works' in graffiti management and builds an evidence base for future programs. In terms of monitoring, the focus should be on the impacts of the program against its objectives, and the benefits and costs of the intervention. Policy 56 HRM will adopt the following performance measures to accurately assess the success of this Graffiti Management Plan: a) Cases of successful removal of graffiti from private property; b) Time taken to remove graffiti from HRM property following a request for service; Page -26- 310 c) Time taken to remove graffiti from private property following notification by HRM; d) Requests for service made to HRM and recorded on the customer request system; e) The percentage of successful legal action that has been taken against apprehended offenders; f) The number of owners, occupiers and managers co- operating in the removal of graffiti from private property; g) The number of reported incidences of graffiti on public and private property; h) The average time taken for removal of graffiti; i) The number of reported incidences of graffiti on HRM assets; j) The amount of graffiti that is left on HRM assets longer than 72 hours after being reported; k) Participation in legal graffiti projects and youth programs; 1) Participation on Graffiti Task Force; m) Participation in community clean -up events; n) Level of participation by local businesses in graffiti removal and prevention; o) Number of people accessing information about graffiti removal and prevention; and p) Community understanding of information provided. Policy 57 HRM will provide an annual report on the progress and success of HRM's approach to graffiti management. 3.3 Communications Effective communication is particularly important for the long term implementation of this Plan. A good communication program will encourage ongoing community involvement in graffiti management and help to reduce the perceptions of disorder and fear of crime that graffiti can generate. Policy 58 HRM will develop a graffiti communication plan that delivers a consistent message to all stakeholders and works to achieve the following: a) keep the community informed of the issues involved in graffiti management; b) advise the community of solutions to the problem of graffiti; c) encourage active community involvement in managing graffiti. Page -27- 311 Page -28- 312 M &C- 2009 -238 August 11, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sandy Point Road Planning Study BACKGROUND: The following resolution was adopted by Common Council at its meeting on August 4, 2009: "RE,SOLVED that the Acting City Manager be directed to submit a report to Council identifying options f )r the Oty to engage local developers, area residents, and other stakeholders, in a planning process to identify the optimum future use of land along Sandy Point Road adjacent to Rockwood Palk; and f ti -thee, that the report shall identify the human and financial resources that irould be required to pur vue the identified options and the anticipated timelines. " DISCUSSION The attached Project Statement for the Sandy Point Road Planning Study has been prepared for Common Council's consideration. The statement outlines the purpose of the Planning Study, the City -owned land tentatively identified as being subject to the Study, an outline of the process to complete the study, and identification of the necessary human and financial resources required to successfully complete the Study. Staff have put forward a process that is primarily driven by City staff The other option that could be considered by Common Council would be outsourcing this project to the private sector planning community but staff believe that with the exception of a relatively small unfunded financial requirement, the project can be completed using in -house resources. 313 Report to Common Council Page 2 FINANCIAL IMPLICATONS This Planning Study is not part of the 2009 Workplan for the Planning and Development Department. The financial resources available to the Department for Professional Services in 2009 have been committed with the work undertaken for the Long Wharf development, Eider Rock, the Loch Lomond /Hillcrest Aquifer Study, the Municipal Plan, and the review of the City's development incentive programs. It is anticipated that successful completion of the project will require an unbudgeted expenditure of $25,000. Commencing this Study in 2009 may result in the Department being over budget for Professional Services. RECOMMENDATION: Resolved that: 1) Common Council direct the Planning and Development Department to initiate the Sandy Point Road Planning Study in general accordance with the Project Statement attached to M & C — 2009 — 238 and dated August 10, 2009. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 314 J. Patrick Woods, C.G.A. Acting City Manager i C .y L a c 0 V O y a L 7 9 E E n O a .1 a a a c oA c 'C C m a m 0 CC C a a c m v 0 a y 0 CL 7 CL a L w N O i!. 7 a m W t a �O a 315 V) a L O t m Q. cn m m 'D a 'a ro @ ro c N0. tA y m 'C C C b*' c a C a no a a - o a C •_ Lo c mar D n � a CL _ P° c c a c CL m � m z G °- a o m E O= Q a +' 0 ° 7 w U C L a p y d m D CL 4-- aj O �N+ a1 a w. E _. 4- a 61- c a C 4.7 a G +�. L C O c ra $ 'y ro l7 y Y ` CL m � ° o c `U 0 3 c d m C z L] V] y IA m hp °o °; c aco api w +� a o_ o n = ai U c ' o .r d y ao y D a c O m m a C a c OC O O > ) CO o .' 41 �' c a U �(D a ° v 4-- 3 O n C °' c M r -0 -0 W c w `a cm uE a°i E c r- c a) W o f a o D o > -R _ 3 u a r @ E w a u '� "p @ o m A ` O L n D -_ a Q. 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O R 9 L cu E vS -O N u O O w- u OU Q N W cr N +' O z 3 Q a rL � 0 .E � a � o �' 4 a .� U � n c m E 3 u 0 0 m ,a W to 0 0 CA w 0 0 n p a h O 316 317 REPORT TO COMMON COUNCIL M & C — 2009 -237 14 August 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: city of saint Iohn SUBJECT: Award of Proposal for Planning Consulting Services Leisure Services Infrastructure, Facilities and Programming Inventory Study BACKGROUND: Proposals closed on Thursday, July 9, 2009 for the engagement of a qualified Urban Planning consultant to undertake an inventory study of Leisure Services infrastructure, facilities and programming. The City of Saint John is in the process of developing a new growth strategy and updating the municipal plan. To be effectively positioned for the growth strategy and municipal plan process the Leisure Services Department wishes to engage a professional consultant to take stock of the existing recreation infrastructure, facilities and programs within the municipality and provide a report that will effectively and appropriately support the growth strategy and municipal plan process. This report will not only serve as a technical background report but will "stand alone" as a report to guide the development of recreation into the fi ture. ANALYSIS: Four firms chose to respond by submitting offers. DMA Planning and Mgmt. Wolfville, NS Hatch Mott McDonald Rothesay, NB ADI Limited Saint John, NB Stantec Saint John, NB 318 PAGE TWO ANALYSIS CONT'D: In keeping with the City's policy and procedures related to proposal calls for the Engagement of Professional Services, immediately following the public opening the bids received were referred to an evaluation committee consisting of staff representatives from Materials and Fleet Management, Planning and Development, Leisure Services, and members of the Leisure Services Advisory Board. The evaluation committee reviewed each submission against standard evaluation criteria including: Quality and completeness of submission Demonstrated experience in similar projects Expertise and qualifications of staff Methodology Cost Upon completion of the proposal review, the evaluation committee ranked the proposal from ADI Limited first as it was superior in services offered and demonstrated stronger technical ability and the experience necessary to provide the requested services for the project. FINANCIAL CONSIDERATIONS: The total cost for planning consulting services to undertake an inventory study of Leisure Services infrastructure, facilities and programming if awarded as recommended will be $44,320.00 plus tax. This is a planned expenditure for which fiends have been allocated in the Leisure Services Capital Budget. RECOMMENDATION: It is recommended that the proposal submitted by ADI Limited for the services of a qualified urban planning consultant to undertake an inventory study of Leisure Services infrastructure, facilities and programming in the amount of $44,320.00 plus tax, be accepted. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Deputy City Manager 319 . ........ ........ . .. . .......... TIMMEMEM11111mom REPORT TO COMMON COUNCIL August 17, 2009 M&C — 2009-244 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE: Value for Money Re-view - Fire Services 110'4: - I City of Saint John, At the May 11, 2009 meeting of Common Council a resolution was passed instructing the Fire Chief to conduct a comprehensive review of Fire Services in the City of Saint John. Subsequent to that at the June 18'h meeting of Common Council staff presented a series of implementation requirements needed to complete the review which were given approval. In accordance with implementation plan Risk Management Services have began the work of conducting a baseline assessment of the Fire Protection requirements for the City and the existing Fire Protection capabilities within the Saint John Fire Department. To date the Steering Committee recommended in the implementation process has not been established. Without input from a Steering Committee it will not be possible to complete the requested review and concern has arisen over the ambiguity of some aspects of the work to be completed. Council was apprised of these concerns at a Committee of the Whole meeting held on August, 2009. Staff was directed to return with a report to recommend an approach for carrying out the review of the fire service that would be consistent with Council's Priorities and the Service Review Policy approved by Common Council in April, 2009. Mer.1 In 2009 the annual operating budget for Fire Services is $20,352,440 which represents 16% of the City's total operating expenses for the year. This is one of the most significant expenditures within the City's budget and increasing labour costs are a cause for concern in terms of future budget implications. The Service Review Policy (Appendix A) anticipates an annual review program of city services as determined by Common Council. The Fire services will be the first area addressed as part of this policy. This is also a demonstrable step in Council taking action on one of its priorities: 320 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. Specific to the proposed review of the Fire Service, staff understands that the goal of the review is to provide assurance to the public„ through Common Council, that they are receiving value for money in relation to the delivery of Fire Services. More specifically the objectives of the review would be: - Determine if the City's Fire Services are effective in delivering measurable benefit to the community and adequately address community needs. - Examination of all policy decisions that impact on service delivery - Review of "best practices" to determine areas where service meets or exceeds industry standards as well as areas that can be improved (including partnerships, regional cooperation or discontinuation of some services) - Evaluation of alternative service delivery models and their impact on hire Insurance Rating - Review alternative revenue generating models (including assessment as to whether current fire service costs are being fairly allocated to users based on risks) In order for the Review to have public credibility it is staff s recommendation that an independent third party consultant be engaged to complete the review. The consultant would be expected to work collaboratively with staff from the Corporate Planning and the Fire Department to ensure that a template is developed for the value for money review process which can be easily adapted to other municipal services and that staff can assume a lead role in implementation of the recommendations arising from the review. In addition a Steering Committee should be established to provide input during the review process. It is suggested that this Steering Committee be comprised of two members of Common Council, four citizen representatives, the Manager of Corporate Planning and the Fire Chief, The work to be completed would be split into three phases: Phase f — Value for Monev Review Work Plan The first part of the assignment is the development of a detailed project charter and work plan. It is intended that this deliverable be developed in collaboration with City staff (Corporate Planning and Fire Department) and the Advisory Committee. The terms of reference shall lay out a general approach to the completion of all major elements of the value for money review, the identification of the team members who will have responsibility for completing various aspects of the review, a program for public engagement in the review process, detailed timelines and a financial proposal. Ivey deliverables of this phase are: A management structure to ensure the timely completion of the project and in particular, to further define the roles of the lead consultant and the roles of City staff. A work plan for the completion of the review including detailed tasks, timelines and key milestones for project team and then Common Council approval. The work plan shall include a resourcing plan that builds on the capacity and skills of City staff and identify work outputs that will be completed by the lead consultant or where the expertise of other firms /individuals is 321 proposed to be utilized and establish a process to select those sub - consultants. The work plan shall incorporate best practices in value for money reviews tailored to the Fire Service needs in our local market. A project communications plan including protocols for internal and external communications, project status reporting, strategies to communicate key messages and media relations. A public engagement strategy that reaches out to diverse stakeholders within the community that are impacted by the City's Fire Services. A proposed budget and financial proposal for completion of the review.. Phase 2 — Value for Money Review Completion of the Review in accordance with the work plan approved as part of Phase 1. Key deliverables of this phase are; - Review of various policy and procedure documents that impact the current service delivery model for Fire Services. - Review of Base Line Fire Service assessment report and other external service drivers and industry best practices. - Meetings with community stakeholders to assess community need and current satisfaction with Fire Services. Analysis of all relevant service related information to respond to the objectives outlined in the work plan; and - Consideration of alternative service delivery models (or discontinuation of some aspects of service) and recommendations for improvement. Phase 3 — Final Report with Implementation Plan It is anticipated that recommendations arising from the Review process will be implemented over a multi- year basis. The consultant, working with City Staff, will develop an implementation plan that matches desired changes with available resources. Key deliverables of this phase are: - Report that documents research and analysis completed as part of review, presents service goals and objectives balancing community needs with funding constraints and presents recommendations for service improvements - Detailed multi -year implementation plan with cost estimates. - Set of performance measures for the service that will be used to determine if the recommended service improvements are achieving the desired results in the community. Proceeding in this fashion will significantly alter the anticipated completion time for the review. Council had originally requested the review to be completed by September 30, 2009. Given the delays in getting a Steering Committee in place this deadline would not have been achievable. Under this revised approach it 322 is anticipated that the review would be completed by April/May of 2010. This revised timing will allow for proper public engagement and careful consideration of the implications of all possible service delivery options. RECOMMENDATION: That Common Council authorize staff to proceed with a Request for Proposals to engage a third party consultant to carry-out a value for money review on the City's Fire Service as described in this report, and That the composition of the Steering Committee for the Fire Service Review approved on June 18, 2009 be amended to provide for two members of Common Council, four citizen representatives, the Manager of Corporate Planning and the Fire Chief, and That the target date for completion of the Value for Money Review be no later than May 31, 2010. Respectfully submitted, And+YP. Beckett, C.A. Deputy City Manager - Programs & Priorities P. � � )_(b, — P ttck Woods, CGA A . g City Manger Robert (Rob) Simonds, MA, CFO Fire Chief 323 M & C 2009 - 248 August 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT CONTRACT 2009 -12: SPAR COVE ROAD — WASTEWATER PUMPING STATION BACKGROUND It Im This Contract consists of a project that is approved in the 2008 Water & Sewerage Utility Fund Capital Program Wastewater Treatment Category as follows: 1. Constriction of a new wet well / drywell wastewater pumping station at the intersection of Spar Cove Road and Bridge Street. This project is part of the larger Harbour Clean -up Program. TENDER RESULTS Tenders closed on June 30, 2009, with the following results: 1. Gulf Operators Ltd. $4,996,905.20 Saint John, NB The Engineer's estimate for the work was $3,801,163.00. ANALYSIS Two tenders were reviewed by the Tender Opening Committee and one tender was found to be formal in all respects. The other tender was rejected pursuant to Division 2 of the General Specifications — Instructions to Tenderers and Tendering Procedures, Clause 2.15(f) due to the fact the tender did not include all signed addenda issued to prospective tenderers. 324 M & C 2009 - 248 August 13, 2009 Page 2 Given that there was only one formal tender for the project, staff wanted to ensure that the City would receive good value for the fiends being allocated to this project. With this in mind, staff requested the project consultant ADI Limited to review the tender and identify options and opportunities for reducing the scope of work. Once the recommendations were received, the City exchanged letters with the bidder in an attempt to negotiate a price considering the recommendations brought forward by ADI Limited. INPUT FROM OTHER SOURCES The City's Legal Department and Materials Management area were consulted regarding the negotiation process and with regard to the recommendation that follows later in this report. FINANCIAL IMPLICATIONS The Contract includes work that is to be charged against one capital work project that included a $3,000,000 budget under the 2008 Water & Sewerage Utility Fund Capital Program. The difference between the formal tender amount and the Engineer's estimate is more than 30% of what we believe the cost of the work should be. An analysis by staff in conjunction with the City's consultant for the project - of the revised price following the negotiation process with the formal bidder, indicates that the revised price is still 23% more than what we believe the cost of the work should be. 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. RECOMMENDATION It is recommended that Contract 2009 -12: Spar Cove Road - Wastewater Pumping Station not be awarded and that the work in question be deferred until 2011 or 2012. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 325 On MR400M. ERROR August 14, 2009 Deputy Mayor and Councillors, Subject: Appointment of Facilitator for Pension Plan Discussions The Committee of the Whole having met on August 4, 2009 makes the following recommendation-, RESOLVED that Sally Wells Dicarlo be engaged to facilitate discussions between Common Council and the groups representing the members of the City of Saint John Pension Plan. Sincerely, Ivan Court Mayor SAINT JOHN I? O. Box 1971 Saint John, NB Canada E2L 4LI � wwwsaintjohn.ca I CA 1971 Saint John, N.-B. Canada E2L 4L1 326