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2009-12-07_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, December 07, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Nominating Committee 10.2(4)0) 1.1 Employment Matter 10.2(4)(b j) 1.2 Potential Change in Contract 10.2(4)(c) 13 Legal Procedings 10.2(4)(f,j) 1.4 Negotiations 1.5 Legal Proceeding 10.2(4)(f) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of November 9th, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest Items Forwarded from Previous Agenda 11.1 Simms Corner Transportation Enhancement Project (Councillor McGuire)(Forwarded from November 23, 2009) 12.1 Common Cleric: Resolution for Council's Municipal Plan Committee (Forwarded from November 23, 2009) 12.2 Commissioner of Finance: 2010 Assessment Base Impact (Forwarded from November 23, 2009) 133(a,b) Committee of the Whole: Recommended Appointments to Committees (Forwarded from November 23, 2009) 14.1 Acquisition of Watershed Lands Brawley Lake (Forwarded from November 2-1,2009) 14.2 Residential Infrastructure Assistance 54 Thornborough Development Subdivision (Forwarded from November 23, 2009) 5. Consent Agenda 5.1 Beaverbrook Ave Transmission Main Installation and Street Reconstruction (Recommendation in Report) 5.2 Tender for Window Caulking (Recommendation in Report) 5.3 Tender for Brick Repointing (Recommendation in Report) 5.4 Tender for Sand and Gravel 2009 561004T (Recommendation in Report) 5.5 Tenders for Chemicals (Recommendation in Report) 5.6 Connors Street Retaining Wall Reconstruction (Recommendation in Report) 5.7 Rothesay Ave Complex Emergency Power Upgrade (Recommendation in Report) 5.8 Ogden Letter: CFL Game at Canada Games Stadium (Recommendation: Refer to Destination Marketing Org) 5.9 Teed Letter Relocation of Food Bank to Carleton Community Centre (Recommendation Receive for Information) 5.10 Teed Letter: Dangerous Trip Step on Water Street (Recommendation: Refer to Acting City Manager) 5.11 Celebration 225: Appointment of Committee Members and Budget Submission ( Recommendaton in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 Saint John Heritage Development Board 9. Public Hearings 7:00 p.m. 9.1(a,b) Proposed Municipal Plan & Zoning by -Law Amendment 72 Broad St 9.1(c) Planning Advisory Committee Report Recommending Municipal Plan Amendment and Rezoning 9.2(a) Proposed Section 39 Amendment 99 Burpee Ave 9.2(b) Planning Advisory Committee Recommending Section 39 Amendment 93(a) Proposed Section 39 Amendment 187 Golden Grove Rd 93(b) Planning Advisory Committee Report Recommending Section 39 Amendment 9.4(a) Proposed Zoning By -Law Amendment 251 Loch Lomond Rd 9.4(b) Planning Advisory Committee Report Recommending Rezoning 10. Consideration of By -laws 10.1 First and Second Reading for City Market By -Law Amendment 10.2(a) Third Reading Proposed Zoning By -Law Amendament 347 -351 Main St 10.2(b) Section 39 Conditions 10.3 Third Reading Proposed Zoning By -Law Amendment 29 -47 Sewell St. and 69 -75 Dorchester St. 11. Submissions by Council Members 11.2 West Saint John Infill Remediation Challenges (Councillor McGuire) 113 Lorneville and New Municipal Plan for The City of Saint John (Councillor McGuire) 11.4 Intelligence Lead Policing (Councillor McGuire) 11.5 Negotiating with ONE Change for the Operation of the North End Community Centre (Councillor Sullivan) 11.6 Establishing an Exemption Permit Program for On- Street Parking During Winter Months (Councillor Sullivan) 12. Business Matters — Municipal Officers 12.3 Acting City Manager: Drinking Water Quality Trihalomethanes (THMs) 12.4 Acting City Manager: Tender for Aquatic Centre Roof Replacement 13. Committee Reports 13.1 Uptown Saint John: 2010 Budget 13.2 Planning Advisory Committee: Proposed Subdivision 60 Marilyn Dr 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 7 decembre 2009 Comite plenier 1. Ouverture de la seance 17 h — Salle de conf6rence, 8' 6tage, h6tel de ville Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18h30 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 9 novembre 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets Points reportes de l'ordre du jour precedent 11.1 Projet d'am6lioration relatif au transport — coin Simms (conseiller McGuire) (point report6 de la seance du 23 novembre 2009) 12.1 Greffi&re communale : Resolution concernant le Comit6 pour le plan municipal du conseil (point report6 de la seance du 23 novembre 2009) 12.2 Commissaire aux finances : Repercussions sur 1'assiette de calcul pour 2010 (point report6 de la seance du 23 novembre 2009) 13.3 (a, b) Comit6 pl6nier : Recommandations de nominations pour si6ger aux comit6s (point report6 de la seance du 23 novembre 2009) 14.1 Acquisition du bassin hydrographique du lac Brawley (point report6 de la seance du 23 novembre) 14.2 Programme d'aide a l'infrastructure r6sidentielle relativement au 54, lotissement Thornborough Developments Ltd. (point report6 de la seance du 23 novembre 2009) 5. Questions soumises a 1'approbation du conseil 5.1 Installation de la conduite principale et travaux de refection de l'avenue Beaverbrook (recommandation figurant au rapport) 5.2 Soumission relative au calfeutrage des fenetres (recommandation figurant au rapport) 5.3 Soumission relative au rejointoiement des briques (recommandation figurant au rapport) 5.4 Soumission relative a 1'approvisionnement de sable et de gravier en 2009 561004T (recommandation figurant au rapport) 5.5 Soumissions relatives aux produits chimiques (recommandation figurant au rapport) 5.6 R6am6nagement du mur de sout&nement de la rue Connors (recommandation figurant au rapport) 5.7 Modernisation de l'alimentation 6lectrique de secours du complexe de l'avenue Rothesay (recommandation figurant au rapport) 5.8 Lettre de M. Ogden concernant une partie de la Ligue canadienne de football (LCF) au stade des Jeux du Canada (recommandation : transmettre a l'organisme Destination Marketing) 5.9 Lettre de M. Teed concernant le d6m6nagement de la banque d'alimentation au centre communautaire de Carleton (recommandation : accepter a titre informatif) 5.10 Lettre revue de M. Teed concernant une marche dangereuse sur la rue Water (recommandation : remettre au directeur general par interim) 5.11 Celebrations du 225 : nomination des membres du comit6 et demande de financement budg6taire (recommandation d6pos6e au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Conseil d'am6nagement du patrimoine de Saint John 9. Audiences publiques 19h 9. la) Projet de modification du plan municipal et de 1'arret6 sur le zonage visant le 72, rue Broad 9.1 c) Rapport du Comit6 consultatif d'urbanisme recommandant la modification du plan municipal et le rezonage 9.2a) Projet de modification des conditions impos6es par Particle 39 visant le 99, avenue Burpee 9.2b) Comit6 consultatif d'urbanisme recommandant la modification de Particle 39 9.3a) Projet de modification des conditions impos6es par Particle 39 visant le 187, chemin Golden Grove 9.3b) Comit6 consultatif d'urbanisme recommandant les modifications en vertu de Particle 39 9.4a) Projet de modification de 1'arret6 de zonage visant le 251, chemin Loch Lomond 9.4b) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arretes municipaux 10.1 Premiere et deuxi&me lectures de la modification concernant 1'arret6 sur le march6 municipal 10.2a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant les 347 -351, rue Main 10.2b) Conditions impos6es par Particle 39 10.3 Troisieme lecture du projet de modification de 1'arret6 de zonage visant les 29 -47, rue Sewell et 69 -75, rue Dorchester 11. Interventions des membres du conseil 11.2 136fis de 1'6dification sur terrain intercalaire dans Saint John Ouest (conseiller McGuire) 11.3 Lorneville et le nouveau plan d'am6nagement pour The City of Saint John (conseiller McGuire) 11.4 Maintien de l'ordre au moyen des renseignements (conseiller McGuire) 11.5 N6gociations avec ONE Change concernant 1'exploitation du centre communautaire du quartier nord (conseiller Sullivan) 11.6 Etablissement d'un programme d'exemption de permis pour le stationnement sur rue en hiver (conseiller Sullivan) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.3 Directeur general par interim : Qualit6 de 1'eau potable — trihalom6thanes (THM) 12.4 Directeur general par interim : Soumission relative au remplacement du toit du Centre aquatique 13. Rapports deposes par les comites 13.1 Uptown Saint John: Budget pour 2010 13.2 Comit6 consultatif d'urbanisme : Projet de lotissement au 60, promenade Marilyn 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 15. Correspondance generale 16. Levee de la seance fR, December 4, 2009 His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of December 7th, 2009 contains the following items on the agenda: 1.0 Nominating Committee 10.2(4)0); 1.1 Employment Matter 10.2(4)(b,j); 1.2 Potential Change in Contract 10.2(4)(c); 1.3 Legal Procedings 10.2(4)(f,j); 1.4 Negotiations; 1.5 Legal Proceeding 10.2(4)(f) 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 ": (b) "personal information" (c) "information that could cause financial loss or gain to to a person or the municipality or could jeopardize negotiations leading to an agreement or contract (f) "information concerning legal opinions or advice provided to the municipality by a municipal Solicitor, or privileged communications as between solicitor and client in a matter of Municipal business" (j) "labour and employment matters, including the negotiating of collective agreements" Sinr,erely, Jonathan Tayloi, Assistant Common Clerk SAINT' )(NI P.O. Box 19171 Saint X*gar, NB Canada U 40 C �"wsaintlohn,ra �� C A 19711 Saftit John, , -19, Qmida EA 4L.Jl 95 -11 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /1-E 9 NOVEMBRE 2009 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 9, 2009 - 6:30 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan, and Titus -and - Andrew Beckett, Deputy City Manager of Programs and Priorities; 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; Glen McCloskey, Police Staff Sergeant; M. Gillen, Deputy Fire Chief; J. Taylor, Assistant Common Clerk; K. Tibbits, Administrative Assistant. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L -HOTEL DE VILLE, LE 9 NOVEMBRE 2009, A 18 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan et Titus et Andrew Beckett, directeur general adjoint, programmes et priorites; J. Nugent, avocat municipal; G. Yeomans, commissaire a la Division des finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; Glen McCloskey, sergent d'etat -major du service de police; M. Gillen, chef adjoint du service d'incendie; J. Taylor, greffier communal adjoint; K. Tibbits, adjointe administrative. 1. Call To Order — Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le conseiller Snook recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of 95 -12 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest Councillors Killen and Titus declared a conflict of interest with item 9.2 (a,b) Proposed Zoning By -Law Amendment 1070 Sand Cove Road. 4. Divulgations de conflits d'interets Les conseillers Killen et Titus declarent titre en conflit d'interets avec le point 9.2a, b) Projet de modification de I'arrete de zonage visant le 1070, chemin Sand Cove 5. Consent Agenda 5.1 That the Saint John and Western Crime Stoppers request for funding in the amount of $1,500 be referred to budget deliberations. 5.2 That the Marathon by the Sea letter of thanks to The City of Saint John and its employees, dated November 2, 2009, be received for information. 5.3 That the Proposed 2010 Common Council Schedule be approved as submitted. 5.4 That the E. Teed letter dated October 29, 2009, regarding sanitary food handling, be received for information. 5.5 That the letter dated November 3, 2009 from D. Thompson — Fundy Baykeeper, regarding the results of drilling and sampling at the former Lantic Sugar site, be referred to the Acting City Manager. 5.6 That the report entitled Saint John Police Force 2009 Operating Budget August Year -to -Date Financial Results, as submitted by the Saint John Board of Police Commissioners, be received for information. 5.7 That the terms of the 2009 Debenture Issue be received for information. 5.8 That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Troy Arsenault (99 Burpee Avenue), Scott Trites (187 Golden Grove Road) and Sandra Ferris & Laura Saunders (251 Loch Lomond Road) for Monday, December 7, 2009 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 95 -13 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 5.12 That as recommended by the Acting City Manager with respect to the Skateboard Park — Highway Usage Permit: 1) the submitted Addendum Permit Number 200911 OM43000101 be added to the original Highway Usage Permit Number 200810OM43000101 and that; 2) the Mayor and Common Clerk be authorized to sign same, and that; 3) the sum of $5,000.00 be paid to the Province of New Brunswick as the required cash security deposit. 5.13 That as recommended by the Acting City Manager with respect to the Westfield Road Reconstruction Project: 1) the resolutions respecting acquisitions from Peter J Claessen Estate et al. and from Eugene R. Clarke Estate et al. adopted by Common Council at its meeting of September 14, 2009 be rescinded and that; 2) The City of Saint John accept the offer from Eugene R. Clarke Estate and Eileen M. Clarke as set out in the Agreement of Purchase and Sale (Agreement) submitted with M &C 2009 — 358 and that the Mayor and Common Clerk execute all necessary documentation. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de demande de financement d'Echec au crime a Saint John pour le montant de 1 500 $ soit transmise aux fins de deliberations budgetaires. 5.2 Que la lettre de remerciement de Marathon pres de la mer adressee a The City of Saint John et a son personnel en date du 2 novembre 2009 soit acceptee a titre informatif. 5.3 Que le calendrier des seances du conseil communal propose pour 2010 soit approuve tel qu'il est presente. 5.4 Que la lettre de M. E. Teed datee du 29 octobre 2009 au sujet de la manipulation sanitaire des aliments soit acceptee a titre informatif. 5.5 Que la lettre de D. Thompson, de I'organisme Sentinelles de la baie de Fundy, datee du 3 novembre 2009 au sujet des resultats de forage et d'echantillonnage a I'ancien emplacement de Sucre Lantic soit transmise au directeur general par interim. 5.6 Que le rapport intitule Budget de fonctionnement de 2009 du service de police — Bilan financier jusqu'au mois d'aout, tel qu'il est presente par le Bureau des commissaires de la police de Saint John, soit accepte a titre informatif. 5.7 Que Ies modalites relatives a I'emission d'obligations de 2009 soient acceptees a titre informatif. 5.8 Que le conseil communal fixe la date d'audiences publiques relativement aux demandes de rezonage et de modification des conditions prevues a I'article 39 de Troy Arsenault (99, avenue Burpee), de Scott Trites (187, chemin Golden Grove) et de Sandra Ferris et Laura Saunders (251, chemin Loch Lomond) au lundi 7 decembre 95 -14 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 5.11 Que la demande de financement en vue des Championnats canadiens des maitres 2010 soit soumise aux deliberations budgetaires. 5.12 Que, comme le recommande le directeur general au sujet du permis d'utilisation de I'autoroute dans le cadre du planchodrome : 1) L'Addenda propose au permis no 200911 OM43000101 soit ajoute au permis d'utilisation de I'autoroute portant le no 2008100M43000101; 2) le maire et la greffiere communale soient autorises a y apposer Ieur signature; 3) la somme de 5 000 $ soit versee a la province du Nouveau - Brunswick a titre de cautionnement en especes exige. 5.13 Que, comme le recommande le directeur general au sujet du projet de refection du chemin Westfield: 1) Ies resolutions adoptees par le conseil communal Tors de sa seance du 14 septembre 2009 relativement a I'acquisition de la propriete de Peter Claessen & Sons Ltd. et de celle de Eugene R. Clarke soient annulees; 2) The City of Saint John accepte I'offre relative a la propriete d'Eugene R. Clarke et d'Eileen M. Clarke etablie dans une convention d'achat -vente (convention), soumise avec le contrat no 2009 — 358, et que le maire et la greffiere communale signent la documentation requise. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que Ies recommandations formulees relativement a chacun des points de la section Questions soumises a I'approbation du conseil soient adoptees. A Tissue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8. Delegations et presentations (The Mayor and Councillor Court withdrew from the meeting) Deputy Mayor Chase replaced the Mayor as the Chair. 10. Consideration of By -laws 10.1 Third Reading Zoning By -Law Amendment — 105 Mountain View Dr. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number CP 110 -125, A Law to Amend the Zoning By -Law of The City of Saint John ", 95 -15 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number CP 110 -125, A Law to Amend the Zoning By -Law of The City of Saint John ", rezoning a parcel of land located at 105 Mountain View Drive having an area of approximately 3270 square metres, also identified as a portion of PID number 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family 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 CP 110 -125, A Law to Amend the Zoning By -Law of The City of Saint John ". (Le maire et le conseiller Court quittent la reunion.) Le maire suppleant Chase remplace le maire a titre de president de la reunion. 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet de modification de I'arrete de zonage visant le 105, promenade Mountain View Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule «Arrete no C. P. 110- 125 modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 105, promenade Mountain View, d'une superficie approximative de 3 270 metres carres et inscrite sous le NID 55165716, afin de la faire passer de zone d'equipement collectif majeur « IL -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110 -125 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule «Arrete no C. P. 110- 125 modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 105, promenade Mountain View, d'une superficie approximative de 3 270 metres carres et inscrite sous le NID 55165716, afin de la faire passer de zone d'equipement collectif majeur « IL -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no 110 -125 modifiant I'Arrete de zonage de The City of Saint John ». 10.2 Third Reading — Street Closing By -Law Amendment Portion of a Public Street Between Harding Street West and Fairville Boulevard. On motion of Councillor Titus Seconded by Councillor McGuire 95 -16 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the by -law entitled "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping -Up and Closing of Highways in the City of Saint John ", regarding a portion of a Public Street between Harding Street West and Fairville Boulevard, 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 M -23, a By -Law to Amend a By -Law Respecting the Stopping -up and Closing of Highways in The City of Saint John." 10.2 Troisieme lecture du projet de modification de I'Arrete concernant la fermeture de routes visant un trongon de rue publique entre la rue Harding Ouest et le boulevard Fairville Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete no M -23, arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a un trongon de rue publique entre la rue Harding Ouest et le boulevard Fairville fasse ('objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -23, arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete no M -23, arrete modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a un trongon de rue publique entre la rue Harding Ouest et le boulevard Fairville, 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. Troisieme lecture par titre de I'arrete intitule « Arrete no M -23 modifiant I'Arrete sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John ». 10.3(a) Third Reading — By -Law Amendment respecting Parking Zones and the Use of Parking Meters and Pay and Display Machines. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -Law Number M -7, A Law to Amend A By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" by amending Schedule "A" by deleting both sides of a portion of Princess Street from Charlotte Street to Germain Street and the South side from Germain Street to Water Street; and by amending Schedule "C" by adding both sides of a portion of Princess Street from Charlotte Street to Germain Street and the North side from Germain Street to Prince William Street, be read. Question being taken, the motion was carried. 95 -17 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 adding both sides of a portion of Princess Street from Charlotte Street to Germain Street and the North side from Germain Street to Prince William Street, 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 M -7, A Law to Amend A By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ". (The Mayor and Councillor Court reentered the meeting) The Mayor replaced Deputy Mayor Chase as Chair of the meeting. 10.3a) Troisieme lecture de la modification de I'Arrete concernant les zones de stationnement et ('utilisation des parcometres et des horodateurs Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs », modifiant I'annexe « A », supprimant le passage se rapportant aux deux extremites d'un trongon de la rue Princess, soit de la rue Charlotte a la rue Germain et du sud de la rue Germain a la rue Water, et modifiant I'annexe « C » en rajoutant la mention relativement aux deux extremites d'un trongon de la rue Princess, soit de la rue Charlotte a la rue Germain et du nord de la rue Germain a la rue Prince William, fasse ('objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs », modifiant I'annexe « A », supprimant le passage se rapportant aux deux extremites d'un trongon de la rue Princess, soit de la rue Charlotte a la rue Germain et du sud de la rue Germain a la rue Water, et modifiant I'annexe « C » en rajoutant la mention relativement aux deux extremites d'un trongon de la rue Princess, soit de la rue Charlotte a la rue Germain et du nord de la rue Germain a la rue Prince William, 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. Troisieme lecture par titre de I'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs ». (Le maire et le conseiller Court reintegrent la reunion.) Le maire remplace le maire suppleant Chase a titre de president de la reunion. 11. Submissions by Council Members 95 -18 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /1-E 9 NOVEMBRE 2009 11. Interventions des membres du conseil 11.0 Demande d'approbation par le conseil d'une presentation video de la collectivite (maire Court) Proposition du conseiller Titus Appuyee par le conseiller Killen RESOLU que le conseil approuve 1'engagement de CGI Communications Inc. visant a produire integralement et gratuitement, une presentation video de la collectivite, Iaquelle sera publiee sur le site Web de la Ville, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est adoptee. 11.1 Highway 100 Update (Fairville Boulevard — Simms Corner — Bridge Road Corridor) (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the report dated November 9, 2009 entitled Highway 100 (Fairville Boulevard — Simms Corner — Bridge Road Corridor), be received for information. Question being taken, the motion was carried. 11.1 Mise a jour — route 100 (boulevard Fairville — coin Simms — couloir du chemin Bridge) (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le rapport en date du 9 novembre 2009 concernant la route 100 (boulevard Fairville — coin Simms — couloir du chemin Bridge) soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 11.2 Fundy Region Solid Waste Commission Operating Budget (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the submitted report dated November 3, 2009, entitled FRSWC Operating Budget Submission, be received for information. Question being taken, the motion was carried. 11.2 Budget d'exploitation de la Commission de gestion des matieres usees solides de la region de Fundy (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport date du 3 novembre 2009 intitule Budget d'exploitation de la Commission de gestion des matieres usees solides de la region de Fundy, soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 95 -19 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the request to withdraw the application to amend 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 located at 1026 Millidge Avenue, having an area of approximately 1300 square metres, also identified as being a portion of PID number 00041822, from "R -1A" One Family Residential to "P" Park, be granted. Question being taken, the motion was carried 9. Audiences publiques a 19 h 9.1a) Lettre demandant a ce que la demande de rezonage soit retiree 9.1 b) Projet de modification de I'Arrete de zonage visant le 1026, avenue Millidge Le greffier communal adjoint mentionne que le requerant souhaite le retrait de la demande de rezonage. II mentionne 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 1 300 metres carres situee au 1026, avenue Millidge et inscrite sous une partie du NID 00041822, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales R -1A » a zone de parc « P » et qu'aucune objection n'a ete regue a cet egard. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la requete visant a retirer la demande de modification de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 1 300 metres carres situee au 1026, avenue Millidge et inscrite sous une partie du NID 00041822, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales R -1A » a zone de parc « P » soit accordee. A Tissue du vote, la proposition est adoptee. (Councillors Killen and Titus withdrew from the meeting) 9.2 (a) Proposed Zoning By -Law Amendment 1070 Sand Cove Road 9.2(b) Planning Advisory Committee Report recommending rezoning with Section 39 Conditions. The Assistant 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- 95 -20 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 The Mayor called for members of the public to speak against the proposed amendment with Steve Arsenault of 66 Honeysuckle Drive, Brian Malone of 1090 Sand Cove Road, Rachel Thibodeau of 76 Honeysuckle Drive, and Rick Thompson of 70 Honeysuckle Drive, raising concerns with respect to the quality of fill being used, the stability of the land in the area, water and drainage problems in the area, and increased traffic. The Mayor called for members of the public to speak in favour of the proposed amendment with David Baker, the applicant, stating that he was in agreement with the staff report and its recommendations. He stated that he has hired a professional engineering firm to conduct tests on the soil and to provide him with a water drainage report. He noted that he would not proceed with a building permit should the engineering report raise any issues with respect to water drainage. Some Council members expressed concerns with the water drainage in the area. On motion of Councillor McGuire Seconded by Councillor Court 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 located at 1070 Sand Cove Road and a portion of 8 Thistle Street, having an area of approximately 1800 square metres, also identified as PID number 55191282 and a portion of PID number 55094833, from "R -1 B" One Family Residential to "R -2" One and Two Family Residential, be denied. Question being taken, the motion was carried with Councillor Sullivan voting nay (Councillors Killen and Titus reentered the meeting) (Les conseillers Killen et Titus quittent la reunion.) 9.2a) Projet de modification de I'Arrete de zonage visant le 1070, chemin Sand Cove 9.1b) Rapport du 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 1 800 metres carres situee au 1070, chemin Sand Cove et sur une partie de 8, rue Thistle, inscrite sous le NID 55191282 et sous une partie du NID 55094833 afin de faire passer la classification de zone residentielle — habitations unifamiliales « R -1 B » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 » et qu'aucune objection n'a ete regue a cet egard. On procede egalement a I'etude d'un rapport du Comite consultatif d'urbanisme qui presente un exemplaire du rapport du personnel de la planification etudie Tors de la seance du 3 novembre 2009, pendant Iaquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 1070, chemin Sand Cove, telle qu'elle est decrite ci- dessus, sous reserve des conditions stipulees a I'article 39. Le maire invite le public a se prononcer contre la modification proposee. Steve Arsenault du 66, promenade Honeysuckle, Brian Malone du 1090, chemin SandCove, Rachel Thibodeau du 76, promenade Honeysuckle et Rick Thompson du 70, promenade Honeysuckle expriment Ieurs inquietudes quant a la quality du remblai utilise, a la stability du terrain dans le secteur, aux problemes d'ecoulement des eaux et a 95 -21 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 Certains membres du conseil font part de leurs inquietudes quant a I'ecoulement des eaux dans le secteur. Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 1070, chemin Sand Cove et sur une partie de 8, rue Thistle, inscrite sous le NID 55191282 et sous une partie du NID 55094833 afin de faire passer la classification de zone residentielle — habitations unifamiliales « R -1 B » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », soit rejete. A ('issue du vote, la proposition est adoptee. Le conseiller Sullivan vote contre la proposition. (Les conseillers Killen et Titus reintegrent la reunion.) 9.3 (a) Proposed Zoning By -Law Amendment 986 Manawagonish Road 9.3(b) Planning Advisory Committee Report recommending rezoning with Section 39 Conditions. The Assistant 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 located at 986 Manawagonish Road, having an area of approximately 900 square metres, also identified as PID number 00447052, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, 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 November 3rd, 2009 meeting at which the Committee recommended the rezoning of a parcel of land located at 986 Manawagonish Road as described above with Section 39 Conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Councillor Court 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 located at 986 Manawagonish Road, having an area of approximately 900 square metres, also identified as PID number 00447052, from "R -2" One and Two Family Residential to "R -4" Four Family Residential, 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 McGuire Seconded by Councillor Titus 95 -22 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 9.3a) Projet de modification de I'Arrete de zonage visant le 986, chemin Manawagonish 9.3b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 Le greffier communal adjoint mentionne 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 900 metres carres, situee au 986, chemin Manawagonish, inscrite sous le NID 00447052, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a habitations de quatre Iogements « R -4 » et qu'aucune objection n'a ete regue a cet egard. On procede egalement a I'etude d'un rapport du Comite consultatif d'urbanisme qui presente un exemplaire du rapport du personnel de la planification etudie Tors de la seance du 3 novembre 2009, pendant Iaquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 986, chemin Manawagonish, telle qu'elle est decrite ci- dessus, sous reserve des conditions stipulees a I'article 39. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification proposee, mais personne ne prend la parole. Proposition du conseiller Court Appuyee par le conseiller Snook 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 986, chemin Manawagonish, d'une superficie approximative de 900 metres carres, inscrite sous le NID 00447052, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », 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 McGuire Appuyee par le conseiller Titus 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 986, chemin Manawagonish, d'une superficie approximative de 900 metres carres, inscrite sous le NID 00447052, afin de la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », 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 ». 95 -23 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 On motion of Councillor Farren Seconded by Councillor Killen RESOLVED that as recommended by the Acting City Manager: 1) Approve the Project Charter for The City of Saint John Growth Management Strategy and Municipal Plan and authorize the Mayor and Common Clerk to execute a contract with Urban Strategies in partnership with ADI Limited that embodies the terms of the Project Charter for an amount that shall not exceed $658,371.00 plus HST subject to the review of the City Solicitor; 2) Approve the creation of a Citizen's Advisory Committee for the Municipal Plan and direct Planning Staff to launch a recruitment effort for 10 citizen members of the Committee and refer a list of candidates to the Nominating Committee; 3) Request that the Planning Advisory Committee identify one of its members to sit on the Citizen's Advisory Committee for the Municipal Plan and refer this name to the Nominating Committee; 4) Refer the appointment of two members of Common Council (to the Citizen's Advisory Committee for the Municipal Plan) to the Nominating Committee; 5) Approve additional funding of $150,000 ($110,000 in 2010 and $40,000 in 2011) to support delivery of the enhanced public engagement program including a project storefront, youth engagement program and a project video. Councillor Titus stated that he supports the first four recommendations, but that he is not in favour of recommendation five. Question being taken, the motion was carried with Councillor Titus voting nay Responding to a question, Mr. Beckett explained that Council would be required to rescind the resolution which established Council's Municipal Plan Committee in order to allow for those current members to be considered for the Citizen's Advisory Committee for the Municipal Plan. Mr. Nugent requested that Council delay its consideration of the rescinding resolution until the staff provides Council with the exact resolutions with respect to the establishment of Council's Municipal Plan Committee. On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that the Acting City Manager be directed to provide Council with the previous Council resolutions relating to the establishment of Council's Municipal Plan Committee. Question being taken, the motion was carried. Councillors Farren, Higgins and Killen expressed an interest in being nominated for the Citizen's Advisory Committee, to which the Mayor responded that he will request that the Clerk record the names of those interested and submit this information to Council's Nominating Committee. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general par interim : Approbation du plan de travail concernant la strategie de gestion de la croissance et le plan d'amenagement de The City of Saint John, et approbation pour signer un contrat avec Urban Strategies Faisant reference a un rapport depose anterieurement, Jacqueline Hamilton, rnmmieeaira grlinintim a I) irhaniema at ai i rlavalnnnamant infnrma la rnneail 95 -24 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 avec ADI Limited qui fixers les modalites de I'arrete de projet pour des frais ne depassant pas 658 371 $ (TVH en sus), sous reserve d'une etude effectuee par I'avocat municipal; 2) qu'un Comite consultatif de citoyens soit cree pour le plan municipal, que le personnel du Service d'urbanisme soit mandate en vue de recruter 10 citoyens supplementaires au sein du Comite et qu'une Iiste de candidats soit soumise au Comite des candidatures; 3) que le Comite consultatif d'urbanisme designe I'un de ses membres pour sieger au Comite consultatif de citoyens dans le cadre du plan municipal et qu'il communique le nom dudit membre au Comite des candidatures; 4) que le Comite des nominations soit informe de la nomination de deux membres du conseil communal au sein du Comite consultatif de citoyens pour le plan municipal; 5) que I'attribution d'une enveloppe supplementaire de 150 000 $ soit approuvee (110 000 $ en 2010 et 40 000 $ en 2011) en vue de soutenir la mise en oeuvre du programme renforce de mobilisation du public, Iequel comprend un projet de construction d'un comptoir de services, un programme favorisant la participation des jeunes et un projet video. Le conseiller Titus declare qu'il appuie Ies quatre premieres recommandations, mais pas la cinquieme. A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote contre la proposition. En reponse a une question posee, M. Beckett explique que le conseil devrait abroger la resolution qui a permis la constitution du Comite pour le plan municipal du conseil, et ce, en vue de permettre aux membres actuels de pouvoir postuler pour sieger au sein du Comite consultatif de citoyens pour le plan municipal. M. Nugent demande que le conseil reporte sa decision d'abroger la resolution jusqu'a ce que le personnel transmette au conseil Ies resolutions definitives relativement a la creation du Comite pour le plan municipal du conseil. Proposition du conseiller Killen Appuyee par le conseiller Farren RESOLU que le directeur general soit mandate pour communiquer au conseil Ies resolutions precedentes relativement a la constitution du Comite pour le plan municipal du conseil. A ('issue du vote, la proposition est adoptee Les conseillers Farren, Higgins et Killen se disent interesses a sieger au sein du Comite consultatif de citoyens. Le maire signale alors qu'il demandera a la greffiere d'enregistrer le nom des personnes interessees et de transmettre la liste de ces noms au Comite des candidatures. 12.2 Acting City Manager: Stormwater Management — Marsh Creek Drainage Basin On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the process underway to evaluate the requirements, technical and environmental feasibility, and costs of a Marsh Creek Stormwater Diversion System continue and that Common Council receive for information the submitted report entitled Stormwater Management — Marsh Creek Drainage Basin. 95 -25 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 poursuive et que le conseil communal regoive, a titre informatif, le rapport soumis intitule Gestion des eaux pluviales — bassin versant du ruisseau Marsh. A Tissue du vote, la proposition est adoptee. 12.3 Acting City Manager: Update on Residential Flooding On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the submitted report entitled Update on Residential Flooding be received for information. Question being taken, the motion was carried. On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that item 15.1 be moved forward on the agenda. Question being taken, the motion was carried with Councillor McGuire voting nay. 12.3 Directeur general par interim : Mise a jour sur les inondations residentielles Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que le rapport soumis intitule Mise a jour sur les inondations residentielles soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Killen Appuyee par le conseiller Farren RESOLU que le point 15.1 soit avance dans I'ordre du jour A ('issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 15. General Correspondence 15.1 (a,b) King Street East Property Owners — Request to Appear Before Council Regarding Right -of -Way and Retaining Wall Maintenance. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Acting City Manager and the City Solicitor be directed to submit a report with recommendations to Council by November 23, 2009, with respect to the King Street East Property Owners concerns regarding right -of -way and retaining wall maintenance. Councillor McGuire stated that he is against the motion as City staff had already dealt with this issue in the past. Question being taken, the motion was carried with Councillor McGuire voting nay. 15. Correspondance generale 95 -26 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 Le conseiller McGuire indique qu'il s'oppose a la proposition etant donne que cette question a deja ete reglee par les employes municipaux dans le passe. A ('issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 12.4 Acting City Manager: Public Communication —Winter Management Plan (Deputy Mayor Chase withdrew from the meeting) On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that the submitted report entitled Public Communication — Winter Management Plan, containing Ward meeting dates and locations, be received for information. Council members requested that a number of the proposed meeting dates and locations be changed, to which the Commissioner of Municipal Operations responded that he would attempt to accommodate the requested changes and report back to Council with the updated information. Question being taken, the motion was carried. 12.4 Directeur general par interim : Communication publique — plan de gestion hivernal (Le maire suppleant Chase quitte la seance.) Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que le document soumis intitule Communication publique — plan de gestion hivernal, lequel comprend les dates et les lieux des reunions de quartier, soit accepte a titre informatif. Les membres du conseil demandent que certaines des dates et certains des lieux de reunion proposes soient modifies. Le commissaire aux Operations municipales repond qu'il tentera d'apporter les changements souhaites et qu'il communiquera les nouveaux renseignements au conseil. A ('issue du vote, la proposition est adoptee. 12.5 Acting City Manager: Third Reading Building By -law Amendment On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that as recommended by the Acting City Manager, third reading be given to the attached "By -Law C.P. 101 -1, A By -law to Amend a By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John ". Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "By -Law C.P. 101 -1, A By -law to Amend a By -law Respecting the Construction Repair and Demolition of Buildings and Structures in The City of Saint John ", be amended by repealing section 95 -27 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "By -Law C.P. 101 -1, A By -law to Amend a By -law Respecting the Construction Repair and Demolition of Buildings and Structures in The City of Saint John ", be amended by repealing section 2(3) and substituting with section 2(3) The National Building Code of Canada, 2005 edition, with the exception of Part 5 and Part 8 in relation to all buildings and structures for which standards are therein prescribed, except as allowed by section 12, be read a third time, enacted, and the Corporate Seal affixed thereto. Question being taken, the motion was carried. The by -law entitled, "A By -law to Amend a By -law Respecting the Construction Repair and Demolition of Buildings and Structures in The City of Saint John" was read by title. 12.5 Directeur general par interim : Troisieme lecture de la modification de I'arrete relatif a la construction Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general par interim, I'arrete no C.P. 101 -1 ci -joint intitule «Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John » fasse I'objet d'une troisieme lecture. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule «Arrete no C.P. 101 -1, modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John », soit modifie par I'abrogation et le remplacement de I'article 2(3) par I'article 2(3) du Code national du batiment du Canada, edition 2005, sauf les parties 5 et 8, en ce qui concerne tous les batiments et toutes les structures auxquels s'appliquent les normes prescrites, sous reserve des dispositions de I'article 12 du present arrete, fasse I'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule «Arrete no C.P. 101 -1, modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The City of Saint John », soit modifie par I'abrogation et le remplacement de I'article 2(3) par I'article 2(3) du Code national du batiment du Canada, edition 2005, sauf les parties 5 et 8, en ce qui concerne tous les batiments et toutes les structures auxquels s'appliquent les normes prescrites, sous reserve des dispositions de I'article 12 du present arrete, 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. Lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The Citv of Saint John » 95 -28 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 12.6 Avocat municipal : Reglement de I'affaire Erin Walsh c. la province du Nouveau - Brunswick, The City of Saint John et autres Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport soumis concernant le reglement de I'affaire Erin Walsh c. la province du Nouveau - Brunswick, The City of Saint John et autres, soit regu a titre informatif. A Tissue du vote, la proposition est adoptee. 12.7 City Solicitor: Winter Management Plan for Streets and Sidewalks By -law Amendments On motion of Councillor Snook Seconded by Councillor Killen RESOLVED that a by -law, entitled "By -Law number M -19 A By -Law to Amend a By -Law Relating to the Public Streets in The City of Saint John and to Prevent Certain Nuisances in the said City" be amended by: deleting section 1 and replacing it with 1(a) defining "Street" and 1(b) defining "sidewalk "; adding section 30.1 pertaining to persons placing snow or ice on the paved or main - travelled portions of any streets or sidewalks; and section 30.2 pertaining to fines for said offences, be read. Question being taken, the motion was carried with Councillor Higgins voting nay. The by -law entitled "By -Law number M -19 A By -Law to Amend a By -Law Relating to the Public Streets in The City of Saint John and to Prevent Certain Nuisances in the said City" was read in its entirety. On motion of Councillor Titus Seconded by Councillor Sullivan RESOLVED that a by -law, entitled "By -Law number M -19 A By -Law to Amend a By -Law Relating to the Public Streets in The City of Saint John and to Prevent Certain Nuisances in the said City" be amended by: deleting section 1 and replacing it with 1(a) defining "Street" and 1(b) defining "sidewalk "; adding section 30.1 pertaining to persons placing snow or ice on the paved or main - travelled portions of any streets or sidewalks; and section 30.2 pertaining to fines for said offences, be read a third time and the Corporate seal affixed thereto. Question being taken, the motion was carried with Councillor Higgins voting nay. The by -law entitled "By -Law number M -19 A By -Law to Amend a By -Law Relating to the Public Streets in The City of Saint John and to Prevent Certain Nuisances in the said City" was read by title. On motion of Councillor Killen Seconded by Councillor Titus RESOLVED that a by -law entitled " A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act 1973, and Amendments Thereto" by deleting Section 20; amending Section 5 by adding 5(9)(a) and 5(9)(b); adding Schedule "R" listing streets excluded from winter on- street parking restriction; amending Schedule "B" — No Parking Anytime, Schedule "H -1" - Alternate Side Parking and Schedule "J" — No 95 -29 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that a by -law entitled " A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act 1973, and Amendments Thereto" by deleting Section 20; amending Section 5 by adding 5(9)(a) and 5(9)(b); adding Schedule "R" listing streets excluded from winter on- street parking restriction; amending Schedule "B" — No Parking Anytime, Schedule "H -1" - Alternate Side Parking and Schedule "J" — No Overnight Parking, on portions of Douglas Avenue, be read a third time and the Corporate seal affixed thereto. The by -law entitled "A Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act 1973, and Amendments Thereto" was read by title. Question being taken, the motion was carried 12.7 Avocat municipal : Modifications de I'arrete sur le plan de gestion hivernal pour les rues et les trottoirs Proposition du conseiller Snook Appuyee par le conseiller Killen RESOLU que I'arrete intitule « Arrete no M -19, modifiant I'Arrete visant a reglementer ('utilisation des rues publiques et a empecher certaines nuisances dans The City of Saint John » modifie comme suit : suppression de I'article 1 et son remplacement par les alineas 1 a) et 1 b) definissant respectivement ce que sont une rue et un trottoir; et ajout des paragraphes 30.1 relativement aux personnes qui jettent de la neige ou de la glace sur toute partie d'une rue ou d'un trottoir asphaltee ou la plus souvent empruntee et 30.2 relativement aux amendes infligees dans le cadre de ces infractions, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. L'arrete intitule « Arrete no M -19, modifiant I'Arrete visant a reglementer ('utilisation des rues publiques et a empecher certaines nuisances dans The City of Saint John » est Iu integralement. Proposition du conseiller Titus Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete no M -19, modifiant I'Arrete visant a reglementer ('utilisation des rues publiques et a empecher certaines nuisances dans The City of Saint John » modifie comme suit : suppression de I'article 1 et son remplacement par les alineas 1 a) et 1 b) definissant respectivement ce que sont une rue et un trottoir; et ajout des paragraphes 30.1 relativement aux personnes qui jettent de la neige ou de la glace sur toute partie d'une rue ou d'un trottoir asphaltee ou la plus souvent empruntee et 30.2 relativement aux amendes infligees dans le cadre de ces infractions, fasse ('objet d'une troisieme lecture et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Lecture par titre de I'arrete intitule « Arrete no M -19, modifiant I'Arrete visant a reglementer ('utilisation des rues publiques et a empecher certaines nuisances dans The City of Saint John ». 95 -30 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 L'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi surles vehicules a moteur(1973) et modifications afferentes » est Iu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John, edicte conformement a la Loi surles vehicules a moteur(1973) et modifications afferentes » supprimant I'article 20, modifiant I'article 5 par I'ajout des alineas 5(9)a) et 5(9)b), ajoutant I'annexe « R » qui fait etat des rues exemptes des restrictions relatives au stationnement sur rue en hiver, modifiant I'annexe « B » — Stationnement interdit, I'annexe « H -1 » — Stationnement en alternance et I'annexe « J » — Stationnement de nuit interdit, sur des trongons de I'avenue Douglas, fasse I'objet d'une troisieme lecture et que le sceau communal y soit appose. Lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi surles vehicules a moteur (1973) et modifications afferentes ». A Tissue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Fundy Region Solid Waste Commission: Proposed 2010 Operating Budget On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report from the Fundy Region Solid Waste Commission entitled proposed 2010 Operating Budget be received for information. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Commission de gestion des dechets solides de Fundy : Budget de fonctionnement propose pour 2010 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport de la Commission de gestion de dechets solides de la region de Fundy relativement au budget de fonctionnement propose pour 2010 soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee: 105 Mountain View Drive Subdivision On motion of Councillor Court Seconded by Councillor Killen RESOLVED that Common Council assent to one or more subdivision plans, in one or more phases, for the Forest Hills Estates Subdivision, as generally illustrated on the submitted tentative plan dated June 22, 2009, including any necessary municipal services and public utility easements; and that Common Council accept a cash -in -lieu Land for Public Purposes dedication for the proposed subdivision. 95 -31 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /LE 9 NOVEMBRE 2009 provisoire presente et date du 22 juin 2009, y compris toute servitude de services municipaux ou d'entreprise de service public exigee, et que le conseil communal accepte une compensation monetaire pour le terrain d'utilite publique en vue du projet d'amenagement du lotissement propose. A Tissue du vote, la proposition est adoptee. 13.3 Pension Plan Board of Trustees: 2008 Annual Report of The City of Saint John Pension Plan On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report from the pension plan Board of Trustees entitled 2008 Annual Report to The City of Saint John Pension Plan be received for information. Question being taken, the motion was carried. 13.3 Conseil d'administration du regime de retraite : Rapport annuel de 2008 relatif au regime de retraite de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport annuel 2008 du conseil d'administration du regime de retraite de The City of Saint John soit accepte a titre informatif. A Tissue du vote, la proposition est adoptee. 13.4 Saint John Parking Commission: Proposed Amendment to Parking Meter By -law — Christmas Courtesy Voucher Program On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "By -Law Number M -7, A Law to Amend A By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" by amending Section 14 with respect to the Christmas Courtesy Voucher Program, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "By -Law Number M -7, A Law to Amend A By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ". On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "By -Law Number M -7, A Law to Amend A By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" by amending Section 14 with respect to the Christmas Courtesy Voucher Program, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "By -Law Number M -7, A Law to Amend A By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines ". 95 -32 COMMON COUNCIL/CONSEIL COMMUNAL NOVEMBER 9, 2009 /1-E 9 NOVEMBRE 2009 A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs », modifiant I'article 14 relativement au programme de coupons de courtoisie de Noel, fasse ('objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete no M -7, modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs ». 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 16. Adjournment The Mayor declared the meeting adjourned. 16. Levee de la seance Le maire declare que la seance est levee. Mayor /maire Common Clerk /greffiere communale November 23L2OO9 Your Worship Mayor Ivan Court & Members mf Common Council: Issue: Simms Corner Transportation Enhancement Project R * Had personal conversation with Transportation Minister Landry last week regarding Simms Corner Project. 0 He advised me to communicate with him as soon as possible. m 1 emailed him late last week to inform him of our wish to meet with him to discuss this very critical infrastructure project to Saint John. 0 Will report back to Council when meeting date has been established. received and filed. Pe-ter K8cuu|na Councillor — City uf Saint John SAINT JOHN RO. Box 1971 Saint John, NB Canada E21-41-1 | wwwsaintjohn.ca | CA 1971 -Saint John, N,.-B. Canada E2L4L1 01 M.............. .............. November 19, 2009 His Worship Mayor Court and Members of Common Council Your Worship and Councillors: Subject: Resolutions Re Council's Municipal Plan Committee At its meeting of November 9, 2009, Council adopted a resolution which approved the creation of a "Citizen's Advisory Committee for the Municipal Plan". Council subsequently resolved that "the Acting City Manager be directed to provide Council with previous resolutions relating to the establishment of Council's Municipal Plan Committee," In response to the latter resolution, the Clerk's office has identified the following two resolutions which were adopted by Common Council on October 20, 2008, and October 27, 2008 respectively: "RESOLVED that Council establish a Municipal Plan Council Committee and that the matter be referred to the Nominating Committee," 2. "RESOLVED that the appointments to committees be approved as follows: Councillor Killen be appointed as chair, and to appoint Councillors Higgins, Mott and Snook to the Municipal Plan Committee until the end of their terms on Council" Therefore, should Council choose to rescind the October 20 and 27, 2008 resolutions respecting Council's Municipal Plan Committee, the text in that regard would be as follows: RESOLVED that the following resolution adopted by Common Council on the 20'h day of October 2008: "RESOLVED that Council establish a Municipal Plan Council Committee and that the matter be referred to the Nominating Committee." and further, that the following resolution adopted by Common Council on the 27Th day of October 2008: "RESOLVED that the appointments to committees be approved as follows: Councillor Killen be appointed as chair, and to appoint Councillors Higgins, Mott and Snook to the Municipal Plan Committee until the end of their terms on Council" are hereby rescinded. @- — .. ... ........... SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 792 Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk 32 'REPORT TO COiMMON COUNCIL November 20, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: c"111 The Cit- y of Saint John SUBJECT: Presentation re- 2010 Assessment Base Impact On Friday November 13th the Province released the assessment base data which is used in the preparation of the 2010 budget. The data provided by the Province for 2010 differs from that provided in previous years due to the fact that the Province along with providing the assessment base data is also proposing a tax rate to be adopted by the City. The proposed tax rate is computed based on the application of an adjustment factor. This adjustment factor is arrived at by comparing what is called the notional assessment base to the actual assessment base. The Province is calling this the Property Tax Accountability Mechanism. This presentation will provide to Council an explanation of how the proposed tax rate is calculated, how the notional assessment base is calculated, and the impact on the 2010 budget. 33 Property Tax Accountabil Mechanism (PTAM) and What it Means to the City of Saint John 34 CONTENTS • What is the PTAM? • How does it work? • What is the impact on The City of Saint • Short comings of the PTAM • Conclusion • Questions 35 0 0 What is the PTAM? The Property Tax Accountability Mech(- a mechanism introduced by the Pr Government "to improve the accounts taxpayers for both provincial and m property taxes" Proclaimed —June 19., 2009 36 Provincial Rational • "In recent years escalating propert have become an issue of inci concern for many New Brunswicke • "Result of increases in tax bases v any corresponding adjustments rates" 37 How does it work? • Property tax rates "are determine formula that uses the tax bc- communities from the previous y& new construction and a market increase of up- to- inflation, usir consumer price index (CPI). 11 38 0 0 0 ms - ►ziII�] 2009 Tax base New construction Market adjustment 2010 Tax base 39 5.1507.0368.078,' 143,605,95( 210.1185.089( 5.1861.0160.062,' 0 0 0 0 Notional Tax Base 2010 2009 Tax base 5.1507.0368.078,' New construction 143,605,95( Market adjustment (CPI) 33,044,21: 2010 Notional Tax base 5.,684.,018.,95' 40 0 0 0 0 0 Accountability Adjustment FC 2010 Notional Tax base divided by 2010 Tax base equals Accountability adjustment Factor 41 5.1656.0009.075' 5.1833.0151.042,' .96963 Proposed 2010 Tax Rate • 2009 Residential tax rate 1." • multiplied by • Accountability adjustment factor .91 • equals • 2010 Residential Tax Rate 42 1." What is the Impact on CSJ • In terms of tax rate A reduction of 5.42 cents • In terms of revenue A reduction of $ 311200,1000 43 Short Comings of the Property Tax Accountability Mechan (PTAM) 44 Public Finance Principles • Dr. Enid Slack's report to Common Cout June discussed principles of public final used to evaluate revenue sources • Seven principles: — Economic efficiency — Accountability - Equity or fai - Transparenc — Stability and predictability - Autonomy — Ease of administration 45 Short Coming # 1 • Violation of the principle of Autonc • Autonomy is best achieved whe governments are responsible for the revenue that they spend in. responsibility for setting local tax r. 46 Short Coming #2 • Use of Consumer Price Index (CPI) appropriate indicator of expenditure for municipalities "CPI is defined as an indicator of the ch consumer prices experienced by Canadic- obtained by comparing, through time, th a fixed basket of commodities purch Canadian consumers in a particular year" Quote from the publication Your Guide to the Consumer price Index — Statistic 47 0 Short Coming #2 (continue Composition of Basket of Commodities —Food — Shelter — Household Operations, Furnishings and Equipment — Clothing and footwear 48 17.04 26.62 11.10% 5.36 0 Short Coming #2 (continue Composition of Basket of Commodities — Transportation 19.88% — Health and Personal Care 4.73% — Recreation, Education and Reading 12.20% — Alcoholic Beverages and Tobacco Products 3.07% 49 Short Coming #2 (continue • The CPI is not acost -of- living index • The CPI is not the only measure of rate price change — Industrial Product Price Indexes — Raw Materials Price Indexes — Machinery and Equipment Price Indexes 50 Short Coming #3 • PTAM assumes that maintenance of expenditure levels is what is needed municipality —Need to look at assessment base growth longer period of time (5, 10, 15, 20 years) — Does not deal with a growing infrastructui as evidenced by identified capital needs — Does not deal with under funded prograrr (i.e. Recreation and Leisure Services) 51 Short Coming #3 (continue • Assessment base growth — Last 5 years 7.75% — Last 10 years 5.45 — Last 15 years 3.99% — Last 20 years 3.40% • A significant component of the increa revenue (48.33 %) was utilized to reductions to the Unconditional Gra this 20 year timeframe 52 Short Coming #3 (continue • Need to fund capital — November 2008 &June 2009 highlighted spend in excess of $200,000,000 on Genf capital — roads, recreational &leisure flooding problems • This has a significant impact on the 01 Budget — increased capital requires in borrowings repaid from Operating Bud effect is cumulative) 53 Short Coming #3 (continue • Need to deal with underfunded prograi — Recreation and leisure services — Funding of recurring capital — Recurring annual road maintenance — Recurring annual facility costs — Flooding — Development of Community Plan 54 Conclusion • The Property Tax Account Mechanism is here and we w be changing it • The purpose of this presentatic to help Council and the understand what the PTAM i and what the short comings arE 55 Conclusion • Other key points —The assessment base is not frozen or —The assessment of properties is not or frozen — Common Council must still set the to 56 0 Conclusion Opportunity to reinforce the message v been trying to convey since this Counci elected: sufficient for the long -term sustainabilitvofmunicipalities including the City of Saint John" 57 Thank you 58 The city of Saint John November 23. 2009 Deputy Mayor and Councillors, Subject: Recommended Appointments to Committees The Committee of the Whale, having, met on November 22, 2009, makes the following recommendations: Destination Marketing Organization: to appoint Carolyn Vanderveen, Laurel Reid, Andrew Logan. Terry Hutchinson and Dwight. Day as City Appointees; and further To appoint. Jane Fullerton, Brian Clark, Ralph Holyoke .and Tammy Leblanc as Member Appointees; and further To appoint Paulette Hicks and Glenda McLean as Hotel Association Appointees. Sincerely, Ivan Court Mayor @10*1- SAINT JOHN RQ. Box 1971 5aintlohnn, NB Canada E2L4L1 I wwwwvssaintjohn.ca I CA 1971 Saintlohn, N. -B. Canada E2L4L1 59 November 23, 2009 Deputy Mayor and Councillors, Subject: Recommended Appointments to Committees The Committee of the Whole having met on November 23, 2009 makes the following recommendations: Leisure Services Advisory Board: to re- appoint Sue Ellis Loparco, Chris Toole, Cathy Hurley, and appoint Douglas Deering, Barry Ogden and Shelly Tesink for three year terms ending November 23, 2012. City of Saint John Board of Pension Trustees: to appoint Councillors Court and Councillor Mott, replacing Deputy Mayor Chase, until the end of their respective terms on Council and Patrick Woods as City Manager representative for a three year term ending November 30, 2012. Planning Advisory Committee: to appoint Eric Falkjar for a three year term ending December 31, 2012. Sincerely, Ivan Court Mayor .f M & C — 2009 -387 November 19, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Acquisition of Watershed Lands Brawley Lake BACKGROUND: Over the past two years staff has been working with the heirs to the Nellie Fowler Estate to acquire its lands holdings within the City's watershed. The Nellie Fowler Estate contains approximately 144 acres of land within the watershed limits as well as additional lands outside of the watershed limits. The Fowler's originally intended to sell its holdings in their entirety however as discussions progressed it appeared the heirs would entertain an exchange of City owned lands outside of the watershed limits in conjunction with reduced monetary compensation than originally contemplated. The City has approximately 89 acres of land outside of the watershed limits which the Fowler's are prepared to accept, forming part of the agreement. The Fowlers also require an easement along a former logging road which traverses City lands outside of the watershed to access a portion of the lands they receive in the exchange. This right of way would run with the land but be limited to a use of harvesting trees or recreation, not for development purposes. As stated, the City would receive 144 acres +/- from the Nellie Fowler Estate, contained in two parcels. Nine (9) + / -acres are within the Provincial setback of 150 meters and are valued at $6,000 per acre while the residual 135 acres receive a value of $750 per acre. These values are derived from appraisal work commissioned by the City in 2005 and adjusted for inflation and market movement. The City would in turn convey 89 +/- acres valued at $330 per acre, contained in 4 parcels. Again this value was derived from appraisal work received AR Report to Common Council Page 2 November 19, 2009 on very similar lands in 2008. The net result is the City would exchange its lands and $125,765 plus HST if applicable for the Fowler lands under the terms and conditions contained in the attached agreement. Staff has also indicated it is prepared to facilitate and pay for the necessary subdivision work. These parcels are very long and as such very time consuming to delineate. Terrain has budgeted $16,000- $17,000 for the necessary survey work. It is in the City's best interest to single source the survey work rather than share the responsibilities so it will control the timeliness and accuracy of the survey work required. Staff has prepared an agreement (attached) which is executed by the heirs of the Fowler Estate and subject to council's approval which reflects the intention of both parties. RECOMMENDATION: I . That Common Council resolves to exchange lands with the Nellie Fowler Estate under the terms and conditions in the attached agreement, and further 2. That the City of Saint John engages Terrain Group Inc. to perform the necessary survey work and plans required to effect the exchange, and further 3. That the Mayor and Common Clerk be authorized to execute any document or plan required to finalize the exchange. Respectfully submitted, Ken Forrest, MCIP Commissioner Planning and Development Attachment 62 Terrence Totten, F.C.A. City Manager PACE 02103 Agreement for the Damascus, Kings County, , 2009. EETWEEN: The Exchange: Exchange of Lands at Brawley Road in New Brunswick dated the day of The City of Saint John, (the City) Of the One Pert -and- Arlene MacKenzie and Maruyn Whalen, in their capacity as Executoms and Trustees of the F-State of Nellie Fowler, (the Estate) Of the Other Pail 1, The parties have agreed to exchange certain lands and premises in the vicinity of the Srawley Road at Damascus, Kings County, New Brunswick. Thai exchange 'shall be upon the terms and conditions set out , in this Agreement. 2. (i) The parties shall convey to the Estate their respective interests in Lots 09 -1000 and 09-1001 siiaum on Schedule "a" hereto and the City shill convey to the Estate a light of Way fifteen (15 M) metres wide for access to Lot 09 -1000 between the Brawtey Load and Lot 09 -1000 through City lends designated by Pip #30128870 over the existing roadway substantially as shown on Schedule "A" hereto; such access by That and vehicle is for permitting the Estate to use Lot 09 -1000 for recreational or harvesting (wood) purposes only, provided that costs incurred in constructing, maintaining and repairing the sald Right of Way shall be borne exclusively by the Estate; (11) The parties shall convey to the City their respective interests in Lots 09 -1002 and 09 -1003; and (iii) The City shall, at Closing, Pay to the Estate the sum of One HUhdred Twenty (Five Thousand Seven Hundred Sixty Fine Dc IMS ($125,786,00). 63 S0 /Z0 39dd 30IJJ0MV-110ZN3A SSLEZE8909 8Z'10T 600Z/6T/TT vr-NLU UF'FrcE The Terms: 'l. The Closing shall be can or before January 29, 2010 (the Closing Date). The closing of the exchange shall take plane on the Closing Date At the City 80licitnr's Office, Saint John, New Brunswick, or at such other place as may be agreed upon. 2. Fach party shall have good and marketable title to its own lands tie and clear of all enournbrances. Neither party shall call for production Of arty We deeds, abstracts, surveys, building location certificates, or other evidence of We except such as are in each respective owner's possession. Up to closing each party may examine Me to the others lands at the examining party's expense. If within that tune- any valid objection to tits is trade in wrtting to a party which said party shall be unable or unwilling to remave ,withih ten (10) days of notification of the said objection(s) and which the other party will not waive, this Agreement shall, notwithstanding any interrnedlate acts or negotiations in respect of suOh ttbjectiOns, be gull and void, and neither party shelf be liable for any of the ether party's costs or damages. Save as to any valid ol�ecHon so made within such time each party shall be conclusively deemed td have accepted the title to the other party's lands. :3. Property taxes shall be adjusted as of the Closing Date, 4. Harmonized Sales Taxes (HST) shall be payable In respect of this transaction in accordance with the Excise T, Act,(Canada). The City is roglstered for the purposes of HST imposed under the Act having the HST #R122681158. 5. The Fstate ;hall pay Land Transfer Tax on the registration of the conveyance of Lot 09 -1000 and Lot 09- 1001. 0. Prior to the Closing Data each party shall, at its awn expense, migrate to the rand Titles system the title to other party,,% lands not registered under the Land piles Act. Bach party shall forward to the other's solicitor at least ten (10) business days prior to the closing Date a completed Farm 1(Applioation for First Registration) and at closing a registerable I~orrn 13 (Transfer). 7- Other than as provided for herein, all crate and expenses incurred in connection with this Agreement and the transactions contemplated herein shall be paid by the. party Incurdng such expense. The City shall pay for all surveyor's costs, PAGE 03/85 64 50/60 39dd 30I.830MV-110IN3A 99LEZE8909 8Z :0T 600Z/6T /TT vr-rvtu,LAWUI - DICE PACE 04/05 B. Any notice, direction or other document required or permitted to be given hereunder or for the purposes hereof (hereinafker in this section called a "notice ") to a party snail be in writing and shall be sufficiently given if delivered personally, or if sent by prepaid registered mail or if transmitted by facsimile or other form of recorded communication tested prlor to'tmnsmission to such party: (a) in the case of a notice to the Estate: Lawrence F-, Veniot Venjot Law Office 600 Main Street Hampton, NB E6N 6C4 Facsimile: 506-8:92-375!3 (b) . in the case of a notice to the City at: 15 Market Square R CJ. Box 1971 Saint John, NB E21- 41-1 Facsimile; 506- 674 -4214 A#teritr'on: The Common Clerk or at such other address as the party to whom such notice is to be given shall have We notified the party giving the same in the mariner provided in this section. Any notice delivered to the party to whom it is addressed as hereinbefore provided shalf be deemed. to have been given and received can the day it is so delivered at such address, provided that if such day is not a business day then the notice shall be deemed to have been given and received on the first business day next following surh day. Any notice mailed as aforesaid shall be deemed to have been givers and received on the third business day following the date of its mailing. Any notice transmitWd by facsimile or other form of recorded communication shall be deemed given and received on the first business day after its transmission. 9, The parties hereto shall with reasonable diligence do all such things and provide all such reasonable assurances as may be required to corasyammate the transactions contemplated hereby, and each party shall proVidP- such further documents or instruments required by the other party as may be reasonably necessary or dasirable to effect the purpose of this 90/1?0 39Vd 30I3d0Md110IN385 99LEZE8909 BZ:0Z 6002/61/ZZ M & C — 2009 -383 November 19, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance 54 Thornborough Development Subdivision ANALYSIS: On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. On August 4, 2009 Common Council approved fiunding under the Residential Infrastructure Assistance Program in the amount of $120,000 for a development proposed by Thornborough Developments Inc. At Thornborough Street and Parkwood Avenue. On October 13, 2009 Common Council adopted a revised motion increasing the amount of assistance to be provided to $216,000 based on a 36 lot subdivision. The developer has now advised that each of these 36 lots will be fiurther subdivided to accommodate semi- detached dwellings. Under the Residential Infrastructure Assistance program guidelines, each of these 72 units is eligible for assistance under the program. The total amount of assistance that can therefore be considered under the program is $432,000. No. Applicant Location No. 9 Type of Units Estimated Assistance 54 Thornborough Developments Thornborough Street 6 72 lots in phase 1 $432,000.00 Inc. Parkwood Avenue The actual amount of assistance provided will depend on the actual service costs experienced, and the phasing of the development. RECOMMENDATION: It is recommended that Common Council adopt the following resolution: Resolved that the resolution adopted by Common Council at its meeting of October 13, 2009, approving assistance under the Residential Infrastructure Assistance Program toThornbrough Development Inc. for development at Thornbrough Street and Parkwood Avenue be amended by deleting "$216,000.00" and replacing it with "$432,000.00 ". • Report to Common Council Respectfully submitted, Page 2 Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner Acting City Manager Planning and Development 67 REPORT TO COMMON COUNCIL M & C 2009 - 393 December 2, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Beaverbrook Avenue Transmission Main Installation and Street Reconstruction I a 0 tl 01-1 The purpose of this report is to seek Council's endorsement for: • Capital Program adjustments mm ff=�� Proceeding with the tendering process for the Beaverbrook Avenue Transmission Main Installation and Street Reconstruction project. BACKGROUND The Action Plan for Safe, Clean Drinking Water includes a project under the 2009 Utility Fund Capital Program for the design and construction of a new 400mm watermain on Beaverbrook Avenue. This project has been approved under the Canada — New Brunswick Infrastructure Stimulus Fund Program with equal cost sharing from the three levels of government. All eligible costs under the program must be incurred by March 31, 2011. At the September 14, 2009 meeting of Council (M&C 2009-297) early approval was granted for a high priority project under the proposed 2010 General Fund Capital Program to install a dedicated storm sewer and to reconstruct Reaverbrook Avenue between Visart Street and Pugsley Avenue. Significant construction efficiencies will be realized by tendering the storm sewer and street reconstruction projects in conjunction with the new watermain installation. ANALYSIS The budget amounts approved to date include $640,000 for street reconstruction, $220,000 for storm sewer installation and $2,195,000 for watermain installation. During detailed design it became evident that adjustments would be required to the approved project scope and associated budgets identified as follows with estimates included: .. ' M & C 2009 — 393 December 2, 2009 Page 2 • Design and Reconstruction of Beaverbrook Avenue — Beaverbrook Avenue requires reconstruction from Visart Street to Pugsley Avenue. The original budget pre-, approved under the 2010 General Fund program is $640,000, however the current engineer's cost projection based on the 98% design documents is $960,000 - a difference of $320,000. Design and Construction of a Storm Sewer on Beaverbrook Avenue — A dedicated storm sewer is required on Beaverbrook Avenue between Visart Street and Pugsley Avenue to separate an existing combined system and improve storm drainage in the area. The original budget pre-approved under the 2010 General Fund program is $220,000, however the current engineer's cost projection based on the 98% design documents is $320,000 - a difference of $100,000. Design and Construction of a Sanitary Sewer on Beaverbrook Avenue — A detailed pipe assessment during the design process identified the existing sanitary sewer on Beaverbrook Avenue as Terra Cotta pipe material. The sewer is old, in poor condition and requires replacement prior to street reconstruction. There is currently no budget item approved for construction of a sanitary sewer on Beaverbrook Avenue. The current engineer's estimate based on 98% design documents for the Sanitary Sewer is $400,000. It is recommended that a project be pre-approved under the 2010 Water & Sewerage Utility Fund Capital Program in the amount of $400,000 to complete the sewer replacement project in conjunction with the watermain installation and street reconstruction. I J An Engineer's cost projection for the Beaverbrook Avenue project has been prepared based on the 98% design documents and it has been identified that the total project costs (design, construction and construction management) will likely exceed the amount pre-approved under the 2010 General Fund Capital Program by approximately $420,000. In addition, it is proposed to have $400,000 pre-approved under the 2010 Water & Sewerage Utility Fund Capital Program for a sanitary sewer replacement. U01 1OWLYMMONVI It is recommended as outlined in this report that Common Council approve: The adjustment of the amount pre-approved under the 2010 General Fund Capital program for the Storm Sewer Installation and Street Reconstruction projects from $860,000 to $1,280,000. 2. The pre-approval of $400,000 under the 2010 Water & Sewerage Utility Fund Capital Program for the renewal of the Sanitary Sewer on Beaverbrook Avenue. M &C2009 -393 December 2, 2009 Wage 3 3. Staff to proceed with the tendering process for the Beaverbrook Avenue Transmission Main and Street reconstruction project. 7. track 'goods, CGA Acting City Manager REPORT TO COMMON COUNCIL M & C — 2009 -398 4 December 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Window Caulking BACKGROUND: City of whit John As a part of the ongoing maintenance to City owned buildings and in order ensure efficiency during the heating season it is necessary to evaluate the condition of the window caulking at various location. This was undertaken in 2008 in preparation for the 2009 Capital Budget and it was determined that the Municipal Operations Complex on Rothesay Ave was in need of a complete removal and replacement of the window sealing. ANALYSIS: A public tender was called which closed on October 21, 2009 with only one of the companies contacted opting to submit a bid. Staffs of Facilities Management and Materials Management have reviewed the tender submitted by Capital Caulking Ltd. in the amount of $57,200.00 and have found it to be complete in every regard. FINANCIAL IMPLICATIONS: This is a planned project and as such fiinds were included in the 2009 Capital Budget. FA Page Two RECOMMENDATION: It is recommended that the tender submitted by Capital Caulking Ltd., in the amount of $57,200.00, plus tax, to remove and replace all of the window caulking on the Municipal Operations Complex, 175 Rothesay Ave be accepted. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Acting City Manager 72 REPORT TO COMMON COUNCIL M & C — 2009 -397 4 December 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Brick Repointing BACKGROUND: City of whit John A tender was called to address concerns about the condition of the brick work of various City owned buildings. These included Fire Station 42 and the Peter Murray, Hilton Belyea, Charles Gorman and Stewart Hurley Arenas. Including in the tender was the requirement to quote various maintenance pricing options, such as; repointing, replacing, cleaning and control joint replacement. ANALYSIS: This is very specialized work and as such competitive bidding was limited to a small number of possible suppliers. In the end only 1 company opted to submit a bid. Staffs of Material Management and Facilities Management have reviewed the tender submitted by Fundy Masonry and have found it to be complete in every regard. FINANCIAL IMPLICATIONS: If awarded as recommended the total cost to undertake the necessary services to each of the identified buildings will be $97,597.00 plus tax. This is a planned maintenance expenditure and as such fiinds were identified in the 2009 Capital Budget 73 Page Two RECOMMENDATION: It is recommended that the tender submitted by Fundy Masonry Ltd in the amount of $97,597.50, plus tax to undertake repairs and replacement, as required, to the brick work of the City owned buildings identified in the tender, be accepted. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Acting City Manager 74 REPORT TO COMMON COUNCIL M & C — 2009 -395 December 4, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Sand & Gravel- 2009- 561004T BACKGROUND: CiLy of Suinl Johu Each year the City calls a tender for the establishment of a supply agreement for the provision of sand, gravel and aggregate. The purpose of this agreement is to provide the City with a constant supply of materials, which meets its specifications, at a fixed cost. Six companies submitted bids in response to this year's tender call. ANALYSIS: Staff from Municipal Operations and Materials Management has reviewed each of the tenders and have found them to be complete in every regard. As a condition of award, bidders are to provide the location of the pits to be employed to supply the products bid. A copy of these addresses is submitted to the Building and Technical Services Department for review and compliance with any City Bylaws pertaining to Pits and Quarries. Staff has been advised that all of the pits submitted by the bidders are in compliance with the bylaw. A summary of the bids is enclosed for Council's consideration. 75 PAGE TWO FINANCIAL CONSIDERATIONS: It is impossible to predict with any degree of accuracy, how much the City will spend annually to purchase the materials covered by this agreement. Based on a recent review of current usage records that reflect experience with all user departments, the City will spend approximately $250,000.00 to purchase sand, gravel, sod, top soil and aggregate materials on the current agreement. This is a planned expenditure and as such fiinds are traditionally included in the affected budgets. RECOMMENDATION: It is recommended that the tender for the establishment of a supply agreement for the provision of sand, gravel and aggregate be awarded to the lowest bidder for each of the items tendered, as indicated on the enclosed summary. Respectfully submitted, C" David Logan, CPPB Purchasing Agent Patrick Woods Acting City Manger Fee City of Saint John Tender Results 2009- 561004T Sand, Gravel & Aggregates, Topsoil, Sod and Landfill Cover Material PRICE PER METRIC TONNE Item Tape Conditions Galbraith Maritime Thomas Lafarge Gulf Construction Sod Construction Canada Operators No. IA PIT RUN GRAVEL LOADED AT PIT 4.00 561000065 EAST PIT RUN GRAVEL LOADED AT PIT$ IB WEST 7.95 1C PIT RUN GRAVEL DELIVERED $ 7.85 *$ 7.00 $ 9.22 $10.10 561000066 CITY CENTRAL 1D PIT RUN GRAVEL DELIVERED $ 6.40 *$ 6.15 $10.22 $11.74 561000067 CITY EAST PIT RUN GRAVEL DELIVERED$ 6.40 $ 7.25 $ 8.22 $ 9.98 1 E 561000068 CITY WEST CRUSHED GRAVEL LOADED AT PIT 2A 561000069 EAST $ 6.50 CRUSHED GRAVEL LOADED AT PIT 2B 561000110 WEST $ 7'95 2C CRUSHED GRAVEL DELIVERED $ 9.60 *$ 9.00 $10.10 561000070 CITY CENTRAL 2D CRUSHED GRAVEL DELIVERED$ 7.45 $ 8.95 $11.74 561000071 CITY EAST 2E CRUSHED GRAVEL DELIVERED$ 7.45 $ 9.25 $ 9.98 561000072 CITY WEST 3A SAND LOADED AT PIT $4.00 561000076 EAST "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." ( *) Indicates Recommendation 77 2009- 561004T Page 2 Item Tape Conditions Galbraith Maritime Thomas Lafarge Gulf Construction Sod Construction Canada Operators No. 3C SAND DELIVERED $ 8.315 *$ 7.00 $13.47 561000077 CITY CENTRAL 3D SAND DELIVERED $ 6.90 *$ 6.75 $13.47 561000078 CITY EAST 3E SAND DELIVERED$ 6.85 $ 7.25 $13.98 561000079 CITY WEST 4A 6MM (1/4) MINUS LOADED ON 561000093 TRUCKS *$ 9.78 4B 6MM (1/4) MINUS DELIVERED $13.20 *$11.44 56100094 CITY CENTRAL 4C 6MM (1/4) MINUS DELIVERED $13.20 *$12.48 561000095 CITY EAST 4D 6 MM (1/4) MINUS DELIVERED $11.50 *$11.24 561000087 CITY WEST 5A 19 MM (3/4) MINUS LOADED ON *$ 6.60 $ 7.19 561000096 TRUCKS 5B 19 MM (3/4) MINUS DELIVERED $13.20 *$12.52 $11.24 561000080 CITY CENTRAL 5C 19MM (3/4) MINUS DELIVERED $13.20 $13.52 *$11.70 561000082 CITY EAST 19MM(3 /4)MINUS DELIVERED $11.50 $11.52 *$10.10 5D 561000081 CITY WEST 6A 13 MM (1/2 ") CLEAR LOADED ON 561000034 TRUCKS *$ 8.40 6B 13 MM (1/2 ") CLEAR DELIVERED $13.20 *$11.74 561000035 CITY CENTRAL 6C 13 MM (1/2 ") CLEAR DELIVERED $13.20 *$13.10 561000036 CITY EAST 6D 13 MM (1/2 ") CLEAR DELIVERED $11.50 *$10.98 561000040 CITY WEST "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." ( *) Tndicates Recommendation 78 2009- 561004T Page 3 Item Tape Conditions Galbraith Maritime Thomas Lafarge Gulf Construction Sod Construction Canada Operators No. 6E 19MM (3/4) CLEAR LOADED ON $10.98 561000098 TRUCKS 6F 19MM (3/4) CLEAR DELIVERED $13.20 *$11.23 561000099 CITY CENTRAL 6G 19MM (3/4) CLEAR DELIVERED $13.20 *$11.98 561000100 CITY EAST 6H 19MM (3/4) CLEAR DELIVERED $11.50 *$11.23 561000041 CITY WEST 6I 51MM (2 ") CLEAR LOADED ON 561000101 TRUCKS *$10.98 6J 51MM (2 ") CLEAR DELIVERED $14.75 *$11.98 561000102 CITY CENTRAL 6K 51MM (2 ") CLEAR DELIVERED $15.25 *$12.98 561000124 CITY EAST 6L 51MM (2 ") CLEAR DELIVERED $14.00 *$11.98 561000089 CITY WEST 6M 38MM -19MM (1 % "- LOADED ON 3/4 ") MIX CLEAR TRUCKS *$11.48 561000083 6N 38MM -19MM (1 % "- DELIVERED 3/4 ") MIX CLEAR CITY CENTRAL $14.75 *$13.48 561000084 60 38MM -19MM (1 % "- DELIVERED 3/4 ") MIX CLEAR CITY EAST $15.25 *$14.48 561000085 6P 38MM -19MM (1 % "- DELIVERED 3/4 ") MIX CLEAR CITY WEST $14.00 *$12.48 561000086 7A 9MM (3/8 ") LOADED ON 561000105 TRUCKS *$ 9.44 7B 9MM (3/8 ") DELIVERED *$ 9.98 561000106 CITY CENTRAL "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." ( *) Tndicates Recommendation 79 2009- 561004T Page 4 Item Tape Conditions Galbraith Maritime Thomas Lafarge Gulf Construction Sod Construction Canada Operators No. 7C 9MM (3/8 ") DELIVERED 561000107 CITY EAST *$10.48 7D 9MM (3/8 ") DELIVERED 561000090 CITY WEST *$ 9.73 7E 13MM (1/2 ") LOADED ON 561000108 TRUCKS *$ 9. 44 7F 13MM (1/2 ") DELIVERED 561000042 CITY CENTRAL *$ 9.99 7G 13MM (1/2 ") DELIVERED 561000043 CITY EAST *$11.23 7H 13MM (1/2 ") DELIVERED 561000044 CITY WEST *$ 9.99 7I 19MM (3/4 ") LOADED ON 561000109 TRUCKS *$ 9.44 7J 19MM (3/4 ") DELIVERED 561000045 CITY CENTRAL *$ 9.99 7K 19MM (3/4 ") DELIVERED 561000046 CITY EAST *$11.23 7L 19MM (3/4 ") DELIVERED 561000047 CITY WEST *$ 9.99 7M 51MM (2 ") LOADED ON 561000113 TRUCKS *$ 8.73 7N 51MM (2 ") DELIVERED 561000048 CITY CENTRAL *$ 9.24 70 51MM (2 ") DELIVERED 561000049 CITY EAST *$10.73 7P 51MM (2 ") DELIVERED 561000050 CITY WEST *$ 9.24 7Q 38MM -19MM (1 -1/2 "- LOADED ON 3/4 ") 561000120 TRUCKS *$ 9'99 7R 38MM -19MM (1 -1/2 "- DELIVERED 3/4 ") 561000051 CITY CENTRAL *$10.98 "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." ( *) Tndicates Recommendation 80 2009- 561004T Page 5 "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." ( *) Tndicates Recommendation 81 Galbraith Maritime Thomas Lafarge Gulf Item Tape Conditions Construction Sod Construction Canada Operators No. 7S 38MM -19MM (1 -1/2 "- DELIVERED *$11.98 3/4 ") 561000052 CITY EAST 7T 38MM -19MM (1 -1/2 "- DELIVERED 3/4 ") 561000092 CITY WEST *$10.98 8A TOPSOIL DELIVERED $12.80 *$12.00 561000062 CITY CENTRAL 813 TOPSOIL DELIVERED $12.80 *$12.00 561000064 CITY EAST 8C TOPSOIL DELIVERED $12.80 *$12.00 561000063 CITY WEST 8D TOPSOIL LOADED ON $10.50 *$ 8.00 561000130 TRUCKS 9 SOD *$1.95 561000061 10A TOPDRESSING SAND DELIVERED 561000053 CITY EAST *$19.07 1013 TOPDRESSING SAND DELIVERED *$18.07 561000054 CITY CENTRAL IOC TOPDRESSING SAND DELIVERED 561000135 CITY WEST *$17.07 11A PLAYGROUND /BEAC DELIVERED $17.32 *$14.95 H SAND 561000055 CITY EAST 1113 PLAYGROUND /BEAC DELIVERED $16.32 *$15.98 H SAND 561000057 CITY CENTRAL 11C PLAYGROUND /BEAC DELIVERED *$15.32 $16.98 H SAND 561000059 CITY WEST 12A INFIELD MIX DELIVERED 561000073 EAST *$17.00 12B INFIELD MIX DELIVERED *$17.00 561000074 CENTRAL 12C INFIELD MIX DELIVERED 561000075 WEST *$17.00 "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." ( *) Tndicates Recommendation 81 REPORT TO COMMON COUNCIL M & C — 2009 -396 4 December, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tenders for Chemicals BACKGROUND: Ckv of -din jobil Tenders closed on December 2, 2009 for the establishment of annual supply contracts for the various chemicals employed by Saint John Water, in the treatment ofthe City's potable water supply. Included in these tenders are: 1) Chlorine Gas 2) Hydrofluosilicic Acid (H2SsiF6) 3) Sodium Hypochlorite ANALSYIS: A total of 5 companies responded to the different requirements of the tenders and summaries of the bids have been enclosed for your consideration. Staffs of Materials Management and Saint John Water have reviewed the tenders and have made the following determinations: Chlorine Gas Two companies chose to respond to this tender. Upon reviewing the tender submissions it was determined that the low bid was submitted by Brenntag Canada. 82 PAGE TWO ANALSYIS CONT "D: Hydrofluosilicic Acid Three companies chose to respond to this tender. Upon reviewing the tender submissions it was determined that two bids were non compliant for the following reasons: The bid submitted by Brenntag Canada was found to have an unsolicited alternative. The tender specification required pricing on two items, however, Brenntag Canada chose to submit two prices for each item. This is considered an unsolicited alternative and grounds for rejection. The bid from Min -Chem Canada was rejected as they failed to submit a copy of the signed addendum that was issued for this tender. The one remaining bid from Alpha Chemical Ltd was found to be complete in every regard and as such is included on the enclosed summary of bids. Sodium Hypochlorite Five bids were received for this tender and after review of the submissions, all were found to be complete in all regards. For clarification purposes, two options for product concentrations were requested as a requirement of this tender; - up to 24 Tonne shipments of 15% product concentration and /or up to 30 Tonne shipments of 12% product concentration. Preference is given, should the cost support it, for smaller shipments of the higher concentrated product. The higher the concentration the less of the product that is need to accomplish the establish water quality requirements. When staff calculated the bids on the basis of a per shipment cost for each concentration, it was determined that the lowest bid was offered by Univar Canada Ltd. as indicated on the attached summary. FINANCIAL IMPLICATIONS: It is estimated, based on previous year's consumption and the unit prices bid, that the City will spend approximately $41,000.00 to purchase Sodium Hypochlorite, $50,000.00 to purchase Hydrofluosilicic acid and $175,000.00 for Chlorine gas. These are planned expenditures and as such fiinds are provided in the annual Operating Budget. 83 PAGE THREE RECOMMENDATION: It is recommended that the tenders for the establishment of supply agreements for various chemicals used to treat the City's potable water supply be awarded to the lowest bidder in each case, as follows: Sodium Hypochlorite to Univar Canada Ltd, Hydrofluosilicic Acid to Alpha Chemicals Ltd. And Chlorine Gas to Benntag Canada Ltd. Respectfully submitted, David Logan, CPPB Purchasing Agent Patrick Woods Acting City Manager 84 City of Saint John Tender 2009 - 681001 T SODIUM HYPOCHLORITE Tender Opening: 2:30 P.M., Wednesday, DECEMBER 02, 2009 2nd Floor Boardroom, 175 Rothesay Avenue ( * ) Indicates Recommendation "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." 85 Alpha Chemical Ltd. Brenntag Canada Inc. Univar Canada Ltd. Atlantic Chemical & Aquatics UP TO 30 TONNES 12% $ .285/1- $ - -- $ - -- $ . .424/1- PURITY (25,000L) .285 / 12% = .02375 $ .319/L $ .416/1- $ .30/1- $ .693/1- UP TO 24 TONNES 15% PURITY (20,000L) .30 / 15% -.0200 ( * ) Indicates Recommendation "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." 85 City of Saint John Tender 2009- 681002T HYDROFLUOSILICIC ACID Tender Opening: 2:30 P.M., Wednesday, DECEMBER 02, 2009 2nd Floor Boardroom, 175 Rothesay Avenue Description Alpha Chemical Ltd. 25 to 30 TONNES ($ per KG) $ 1.265/Kg 6 to 8 TONNES ($ per KG) $ 1.715/Kg ( * ) Indicates Recommendation "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." :. City of Saint John Tender 2009- 681003T LIQUID CHLORINE Tender Opening: 2:30 P.M., Wednesday, DECEMBER 02, 2009 2nd Floor Boardroom, 175 Rothesay Avenue "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." 87 APPR. Brenntag NF E ITEM QTY UNIT DESCRIPTION Canada Inc.* l CHLORINE IN 68 KG (150 LB) CYLINDERS. UNIT PRICE TO BE FOB OFF - LOADED AT SOMERSET STREET $ 1.783 /kg $ 2.46; I A 22 CYLINDER AND SHALL INCLUDE RETURN OF EMPTY CYLINDERS. INCLUDING ALL $ 121.24 /cyl $ 167.5 ASSOCIATED SHIPPING COSTS IB 22 CYLINDER REFUNDABLE DEPOSIT PER $ 400.00 $ 275.0 CYLINDER TONNES CHLORINE IN 900 KG (2000 LB) CONTAINERS. UNIT PRICE TO BE FOB OFF - LOADED AT THE $ 0.749/kg $ 0.91/ 2 A 170 CONTAINER TREATMENT PLANT(S) AND SHALL INCLUDE RETURN OF EMPTY $ 679.9 /cy�l $ 825.; CONTAINERS INCLUDING ALL ASSOCIATED SHIPPING COSTS 2B 170 CONTAINER REFUNDABLE DEPOSIT PER $2750.00 $2750.( CONTAINER 3 ADAPTERS $ 45.00 $ 45. 4 WASHERS Supplied $N /C 5 YOKE $ 50.00 $ 59. 6 WRENCHES $ 32.00 $ 38. "Note: The above amounts are recorded as opened. The amounts have not be checked or verified and may cont, Saint John reserves the right to reiect any or all bids and the lowest or any bid will not necessarily be accepted." 87 M &C2009 -392 November 26, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2009 -22: CONNORS STREET RETAINING WALL RECONSTRUCTION BACKGROUND It Im This Contract consists of a project that is approved in the 2009 General Fund Capital Program as follows: The demolition of the existing retaining wall at Connors Street and the supply of all necessary labour, materials and equipment for the constriction of a new REDI Rock Precast Concrete Block retaining wall. TENDER RESULTS Tenders closed on November 25, 2009, with the following results: I. Fairville Constriction Ltd. $ 79,488.72 Saint John, NB 2. Maguire Excavating Ltd. $ 84,623.44 Saint John, NB 3. Galbraith Constriction Ltd. $ 94,680.44 Saint John, NB 4. Gulf Operators Ltd. $ 130,695.80 Saint John, NB The Engineer's estimate for the work was $68,575.18. :: M &C2009 -392 November 26, 2009 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2009 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $100,000.00 was provided in the budget and that the projected completion cost of the project is estimated to be $81,908.95, including the City's eligible H.S.T. rebate - an $18,091.05 positive difference. 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 No. 2009 -22: Connors Street Retaining Wall Reconstruction, be awarded to the low tenderer, Fairville Constriction Ltd., at the tendered price of $79,488.72 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfi lly submitted, M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering .:• J. Patrick Woods, CGA Acting City Manager M & C 2009 — 375 November 17, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2008 -4: Rothesay Avenue Complex — Emergency Power Upgrade PURPOSE sm The purpose of this report is to update Council on the status of the 2008 Rothesay Avenue Complex — Emergency Power Upgrade project and the additional costs incurred. BACKGROUND Contract 2008 -4 consists of a project that was approved under the 2008 Water and Sewerage Utility Fund as follows: I . Installation of an automatic electrical transfer switch, 2. Installation of electrical panels for a dedicated emergency power system, 3. Installation of a back -up diesel Generator and 4. Upgrading to existing electrical system. Common Council, at its meeting of September 2, 2008, awarded Contract 2008 -4 (M &C 2008 -253) to O'Brien Electric Company Ltd. at a tender amount of $595,000.00. ANALYSIS The majority of work under Contract 2008 -4 has been completed. The final quantities and summary of change orders are being finalized between the City and the contractor. The change orders and variations in quantities are presented as follows: Change Order associated with revising the design $65,014.55 location of the generator after contract award which required demolition of a 20m high masonry wall and reclamation of unfinished space including sealed containment for diesel storage. Ae M & C 2009 - 375 November 17, 2009 Page 2 2. Change order associated with relocation of $27,382.16 compressed air system for the maintenance facility including constriction of a steel mezzanine and staircase. 3. Change order associated with addition of $23,242.64 automatic dampers on the generator louvering system that operate based on temperature of the generator room. Total Change Orders and Variation in Quantities: $115,639.35 Minus: Contingency Allowance: -$ 0.00 Net Additional Cost: $115,639.35 COST SUMMARY Contract Original Value $595,000.00 Minus Contingency Allowance -$ 0.00 Value of Original Estimated Work $595,000.00 Summary of Change Orders +$115,63935 Estimated Final Contract Value $710,639.35 The estimated final contract value based on final quantities and change orders is $710,639.35. The difference between the final contract value and the original tendered price is $115,639.35 ($710,639.35 — $595,000.00). The approved budget under the 2008 Water and Sewerage Utility Fund Capital Program is $475,000.00. The estimated final constriction cost for this project including staff resources, design/constriction management fees and after considering the City's eligible HST rebate is $749,348.20, a negative difference of $274,348.20 ($749,348.20 - $475,000.00) in the 2008 Water and Sewerage Utility Fund Capital Program. Projects originally approved under the 2008 Water & Sewerage Utility Fund Capital Program will be utilized to offset the cost difference. A $200,000 offset is to be provided from the Watermain Flushing Removal project and $75,000 is to be provided from the Watershed Protection Constriction of Facilities project. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. J. Patrick Woods, CGA Commissioner, Acting City Manager Municipal Operations & Engineering 41 Mayor Ivan Court and Common Council City of Saint John November 30th 2009 Dear Mayor and Council: I am writing to you to ask that you would write the Commissioner of the Canadian Football League to have a game played here in Saint John at our soon to be refurbished community stadium, The Canada Games Stadium which the community built and is refurbishing. This venue was the only place where two CFL games have been played in Atlantic Canada [ Halifax hosted one game at a smaller facility ] and we are the only community in New Brunswick to have hosted the CFL . Our football community is the largest football community in our province and has a history of hosting the CFL . The CFLs present plans are to open a franchise in Ottawa and then most likely the next one will be in Quebec City. We could most likely host a game in the Fall of 2011 if we acted now. The City of Moncton has taken the lead to host a game in their community for next year, we can also do this for the year 2011 along with perhaps hosting large concerts at another site. A lot of pride , community well being, economic spin offs and publicity can be gained from hosting these large events. We now have our major outdoor sports venue on track for hosting large sporting events again, thanks to the leadership and strong support your Worship and Council portrayed. A letter to the CFL Commissioner from you can start the ball rolling. Mark Cohoon is the CFL Commissioner, his address is 50 Wellington Street East, third floor, Toronto, Ontario, M5E IC8. Our Seawolves Footall Team had a great year, we created an opportunity for 47 local players who would have not had this opportunity or who would have moved away. Our community can, accomplish a lot when we pull together and think beyond ourselves. Sincerely, Barry Ogden, SeaWolves Football Team, PO Box 6582, Saint John, NB, E2K 4S5 'AN New Brunswick Anti-Poverty Legal Clinic Inc. P.Oi Box 102, 55 Canterbury Street, Suite 102, Tel: (506)i 632-0096 Saint John, NIB, E2L 2C6 Common Council December 151, 2009 City of Saint John City Hall, 8 th Floor 15 Market Square RO. Box 1971 Saint John, NB E2L 41-1 The opening of the West Side Food Bank at Carlton Center marks a significant recognition that the location of Food Banks can mean a significant benefit to those who need to supplement their daily living expenses to maintain a livable existence, It is a recognition that a large proportion of people classed as living in poverty are residents of the lower west side area. Further access from other areas of Saint John West is easier such being available at better times than in the former � 111 111 111 Jill I Ir IIIIIII , III iiiiiiii��iii III iiiii i so I The New Brunswick Anti Poverty Legal Clinic Inc. is familiar with those in need and on their behalf the appreciation of that group of our residents is extended. Further the support of Mayor Court and members of Council is appreciated as without such support the relocation may not have taken place. 'AR no Eric L. Teed, O.C, C.D, Q.C. B.Se, B.A, B.C.L, Kt.d Donnebrog 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672-6856 Non-Professional Office: 55 Canterbury Street, Suite 102 P.0 Box 102, Saint John, NB, E2L 2C6 Tel: (506) 632-0096 Common Council City of Saint John City Hall' Floor 15 Market Square P.O. Box 1971 Saint John, NB E2L 4L1 Your Worship and Councilors, November 23 d 2009 Re: Dangerous Trip Step On Water Street 'l,"Thile sidewalk repairs are one of the needs people are talking about there is one serious problem which has developed into a trip step at the junction of Harbour Passage sidewalk and' the pedestrian passage way to the parking lot at Pugsly teri,uktal. The concrete panel of the passage way has sunken about Y2inch, which the average pedestrian does not observe as they are busy looking out for other pedestrians walking by on the side walk also the consistent red colour makes it difficult • notice the drop. As a result one may stub ones toe and inadvertently lunge into the street directly into the flow of traffic or knock a pedestrian walking by into the street. Why this is allowed to continue raises questions but more important raises a problem of liability and injury. One hopes it will be repaired before winter renders it impractical for this year, even a temporary fine asphalt re•a,ir could be • help. This being sent to Council as it is not clear under whose authority the sidewalk and pedestrian way come. Am, Your tMy, n ed c. City of sah'I't J0111in Your Worship and Councillors: RE: Celebration 225 The attached correspondence has been received from Peter Buckland, Chair of the Council Committee W FMhed--c F. Heritage Canada under the Cultural Capitals of Canada Program. Council is being asked to approve the budget for the Program. H 0 a OjfjjjjL41jjjjj 11,11,111l 01.1 111 11 _tTff OTFLe a-_f r F TIPM dpIFApen 1 1 roatice Trim inis 01-ageT procurement policies of the City of Saint John. OMMMEAUITIMMIT1111IN11w Deputy City Manager :.OR FROM"NUT-WKITOW Dear Mayor and Council, Finally, Saint John 225 will commission a major public art installation to commemorate the anniversary. This 10 -part program of events will be supported through the Saint John 225 website, which will promote both Saint John 225 and all major arts, culture and heritage programs in the Saint John region. I respectfully request Common Council approve the Cultural Capitals of Canada budget for Saint John 225 and the composition of the board. ME= :.O• masge to I"" oApinDll Celebration I R22MO I wheys 's /vi?I P�tiorla I Edge an the I of 1:ABC 1 225 Saint John I TOTAL I % Tian Cly Project 225 1 Municipal Sources In -kind '52,000 Cash corddbuticns $40,000 TOTAL. $42,000 2 Cultural Capitals of Canada $108,000 s Other Federal Sources Name of program and the Department $0 Name of program and the Department $0 TOTAL $0 4 Private Sector Sponsarshlp $40.000 In -kind $0 Donations $0 TOTAL $40,000 5 Provinclelf7erritortal Government $40,000 5 Other Sources $0 7 Earned Revenues '50 Total Revenues $230,0_00 _ .' EXPEND11URES 1 In-Kind $a,000 Please Indicate total "nd expenditures and provide detells on the budget breakdown sdlvlty 2 Other salarles $207,500 Please Indicate total salary e)pendhuros and provide details on the projed worksheet 3 Consultant Fees $0 Please Indicate local constdtent fees expendUvres mid provide details on the projed worksheet 4 Travel $2,000 Please Indicate total travel expenditures and provide details on the projed worksheet 5 Marketing and Promotion $10,000 Please Indicate total marketing and promotion expendihaea and provide details on the projed worksheet 8 Other $4,500 Please Indicate toW and provide details an the project worksheet 7 Installation of CCC commemorative sign hrstelleUon of Banners E t7 $39,000 $32,000 $27,000 $30,000 $11,0001 $1 '50 '50 $11,000 $1 $20,000 $1 $27 $4$500 $29,800 $17,800 $7,000 97 $110,000 $325,000 2296 $222,000 $750,000 W% $0 $0 $0 $0 0% $1 13% 1596 0% 0% 100% so $o 2% 20% 15% 100% Okhorftlwi" $198,600 f7t $493,9W Sm.500 coneukant Fees $5,000 ........... $13,000 MA TWO $6,350 REVENUES $26,150 20102011 TOTAL Municipal Sources ln4dnd $30,000 $70,000 $100.000 C004, 525.000 $185,01M $210,000 Total $55.000 $270.M $325,000 Cultural Capitols of Canada $305,250 S4",750 ST511,000 Other Federal Programs so so U) Canada Cour $0 $0 N Canadian H01a0e $0 $0 $0 Tow so so $0 Pdvata Sector Sponsorship S",200 $145.WO $11M.000- ln4Gnd so $5.000 $54AM Cash Ekmadcx,m 30 w $0 Total $44,200 -- $150,800 $195,0110 PruvinclalffordLorial Govermirnam $20,000 $205,000 5225,DN Earned Revenues so $0 so OtherSources so $0 to Told revenue 024AM 51X0JW SIASS" IEXPENDITURES 24052DID 2010-2DI I TOTAL jlft4Un4 421,500 591,500 $103,000 Okhorftlwi" $198,600 $493,9W Sm.500 coneukant Fees $5,000 $13,000 5118,000 TWO $6,350 $26,150 $34.500 madurang and Prormotm $163,500 &267,5W $431,000 to n $24,300 $201,500 $226.00 Total axE2ndlturem $409.480 511.093.5W 51.495.000 :.OR Saint John 225 Description of Programs Revised: October 2009 Description of project 24. Provide a detailed description of the special cultural activities. Saint John: The Original CitylLa ville originale will celebrate the 2250' anniversary of the City of Saint John, the first incorporated city in Canada, with a year -long program that will explore the flow of people and ideas through the city's history and culture. The name — The Original City/La ville originale — reflects Saint John's historic roots as the first incorporated city in the country, as the origin of a number of significant movements, organizations and entities and as that spark of creativity that ignites artists and performers to express themselves with works of great originality. In January 2009 the Saint John Community Arts Board recommended the City of Saint John create a new municipal board to manage this program of events. The Saint John 225 board, on behalf of the City of Saint John, will plan and manage the 2010 Cultural Capitals of Canada program. The Saint John 225 program reflect the principles outlined in the Saint John Arts and Culture Policy, specifically: 1. Artistic Diversity: Both contemporary and traditional art forms are valued and creative risk - taking is encouraged. 2. Cultural Diversity: The celebration and promotion of the many different ethnic and linguistic cultures. New Brunswick is Canada's only officially bilingual province and Saint John has a mandate to provide municipal services in both languages. 3. Accessibility and Participation: Arts and culture programs should be in such a way as to encourage maximum interest, participation and appreciation. 4. Recognition of Achievement in Arts and Culture: Creativity, innovation and excellence should be valued, supported and celebrated as essential elements of arts community development. 5. Partnerships: Governments, businesses, individuals and the arts community should work together to enhance the provision of arts and culture. 6. Public Art: Public art should be encouraged, properly maintained and promoted. 7. History and Heritage: The preservation and promotion of Saint John's unique history and heritage, including its built heritage, is encouraged. 8. Integration: Arts and culture development must be integrated into city planning. The program for Saint John: The Original City/La ville originale will span the entire year, with the first public events linked to New Year's celebrations and the final Cultural Capitals of Canada - funded initiatives planned for the Christmas season. Planning for the 225h celebrations will begin prior to 2010. I. Management 1. Cultural Capitals of Canada Management Team Legacy — G: Development and implementation or improvement of cultural or heritage policies The Saint John 225 board will create three full -time staff positions who will work in consultation with the City of Saint John's Cultural Affairs Office and Communications Office. Those positions are: • An executive director, to manage the program and liaise with the Cultural Affairs Office to ensure a smooth transition of Saint John 225 legacy programming at the end of 2010; • An online communities editor to manage the online aspects of the program, including all web content, uploads to City Stories and social media; and, • An office coordinator to provide administrative support. In addition, Saint John 225 will retain event coordinators on a contract basis for Celebration 225, Reunion 2010, the First Nations Festival and the Arts Gala. s• Saint John 225 — Description of Programs Revised: October 2009 II. Proerams and Events 1. Passage in Time: Art in the Public Space Celebration — Cl: Visual arts installation To commemorate the city's 225th anniversary, Saint John 225 will commission one signature piece to reflect and celebrate the many people who have lived at the confluence of the St. John and Kennebecasis Rivers and the Bay of Fundy. Saint John has a tradition of commissioning pieces of public art, but this will be the first time in a generation the City will commission, in partnership with private sector patrons, such a significant installation. Passage in Time is a new, celebratory, visual arts project. The piece is tentatively planned for installation along Harbour Passage, a three- kilometre walking/biking path that encircles Saint John's natural harbour and connects waterfront parks, recreation spaces and heritage sites. It currently stretches from Water Street in the city's South End, around the top of the harbour to the north side of the city. The public art installation will be located along this trail, on a site that is historically significant. Passage in Time will be announced in late 2009 with a call for proposals from professional New Brunswick artists. The call will go out province -wide in order to reach a wide selection of First Nations, francophone and culturally diverse artists. The theme of the piece is "The Meeting Place" and the call for proposals will invite visual artists to submit proposals that are inspired and/or reflect the area's traditional role as a place where people and cultures have gathered. Saint John is where the river meets the sea, creating a natural harbour. The river and the bay form a natural transportation route and this area has been a meeting place of people and cultures for centuries. The Wolastoqiyik (Maliseet) maintained a village, Ouygoudy, on the west side of the harbour, where they would trade with other members of the Abanaki Confederacy, including the Mi'kmaq and Passamaquoddy. It was the Wolastoqiyik who greeted Samuel de Champlain when he arrived in the harbour in 1604. As it was for the Wolastoqiyik, this region was strategically important, to the French, who built Fort La Tour, and then to the British, who constructed Fort Howe. Following the end of the American Revolutionary War, Saint John was a major entry point for United Empire Loyalists, who began arriving in the early 1780s. They were a diverse lot, including Dutch, Huguenot, English, Scots, Irish and African Americans, both slave and free. Saint John has continued to welcome people from around the world, most notably, the Irish in the 1840s, followed by Jews and Lebanese in the early 1900s and more recently, people from Asia, the Balkans and the Middle East. A selection committee will be appointed to choose the artists or artistic team. The artist and their concept will be announced in early 2010, as part of initial activities of the Cultural Capitals of Canada year. The pieces will be installed and unveiled in late 2010. This project fuses the Saint John region's natural and cultural heritage with artistic expression to create a unique, interpretive public art project. The piece will operate on a number of levels. First, the installation will be a stand -alone piece of public art to be viewed and appreciated by people as they travel along Harbour Passage. Second, the piece will interpret a significant chapter in Saint John's story and will encourage people to reflect on that historic period and may even challenge their own interpretations or assumptions. Third, the piece will be installed either on a historic site or in view of it, Passage in Time will imbue Harbour Passage with a strong sense of place because the piece will trigger viewers' imaginations, carrying them back in time to consider the richness of the city's diverse history. m Saint John 225 ... Description of Programs Revised: October 2009 2. Where's Art? -- Celebrating the Unexpected Legacy — HI: Marketing or promotion of cultural activities This year -long, legacy - building program of events will put a spotlight on arts and culture in the Saint John region by promoting performances and displays by local community-based groups and individuals under the Where's Art promotional and organizational umbrella. A celebration of the unexpected and the unusual, Where's Art will expose local youth and adults to the arts, culture and unique heritage of the region by placing artistic and cultural endeavours in non - traditional spaces such as public buildings, industrial and commercial zones, vulnerable schools, shopping malls, supermarkets, hospitals, seniors' homes, public parks etc. The performances and artistic displays will promote the activities and upcoming events of local arts and cultural groups, such as the Saint John Theatre Company, Opera New Brunswick, Symphony New Brunswick, the Saint John String Quartet, high school, middle school and elementary school drama and music programs, Festival de la baie frangaise, Third Space Gallery, Saint John Arts Centre, the Early Music Studio, Coup de Coeur, Port City Dance Academy, the Canterbury Tales Literary Festival, the In Key Choir and other groups. This series of events will also give the 2010 festivities a mascot — a character named Art — whose face will be used on promotional and marketing material to connect all these events under the program. Art and his adventures in the Saint John region will encourage family participation in a series of events that will provide entertainment, education and community engagement in equal measure, and produce activities in both official languages. Saint John residents and visitors will be encouraged to watch out for Art, because when found, creativity and originality will be close at hand. He's a cultural explorer, eager to discover, learn and experience cultural and artistic expression in all its forms and he is always eager to invite others to join him. Where's Art is a legacy program that will target young people by marketing and promoting existing cultural activities. It will expand and enhance the marketing and promotional activities of community organizations. Events will be scheduled for each month of 2010 and in the years thereafter. 3. City Stories: Our People's History Legacy —K.- Other - Support for programs to preserve and promote sustainable heritage development City Stories: Our People's History is an online living heritage project and it lies at the heart of Saint John 225. Throughout 2010 people, businesses and organizations will be invited to submit their stories, memories and insight of the Saint John region to the Saint John 225 website. This interactive and searchable site will become a portal, guiding visitors through the history of Saint John, as told by the people who know it best. Individuals will be able to submit written accounts and/or photos to the site. In addition to these, Saint John 225 will also collect short archival audio and video pieces to illustrate important events in our city's history. We will also recruit volunteers to assist people in recording their stories online such as seniors and people with disabilities. We are giving the people of Saint John a platform to tell their stories. City Stories will be fully accessible to anyone who wants to learn about Saint John and we will actively encourage our local schools and community groups to use it and participate in its creation. This is a legacy project and at the end of 2010 it will find a permanent home with a research facility where it will continue to grow and be used by students of history, regardless of age. In addition to telling the story of its people, City Stories will also include a `biography of the building' program in recognition of Saint John's architectural heritage. RH Saint John 225 — Description of Programs Revised: October 2009 The project will also utilize the expertise of community partners such as the University of New Brunswick Saint John, the New Brunswick Museum, New Brunswick Community College, PRUDE Inc. and L'association R6gionale de la Communaut6 francophone de Saint -Jean (ARCf). Through City Stories, Saint John residents and visitors will experience a fuller picture of the region's history because the project will reach past the significant dates to tell the stories of individuals and groups that lived, struggled and succeeded in the region. It will reflect the city's historical role in this region, its geographic location at the mouth of the St. John River and its aim to welcome new people and new ideas. 4. Celebration 225: The People, Places and Events That Shaped Saint John Celebration — B3: Heritage festival This is the premier celebratory activity in The Original City /La ville origlnale program and it has two main goals: 1. To commemorate the 225x' anniversary of the city's incorporation; and, 2. To celebrate the city's cultural heritage and the growing diversity of Saint John's population. Saint John 225 will do this in three complimentary ways. a. The Official 225'h Anniversary Commemoration Saint John became Canada's first incorporated city on May 18, 1785. Saint John 225 will commemorate this important date on Tuesday May 18, 2010 with an official commemoration ceremony. This event will be open to the public and will occur indoors in anticipation of Saint John's traditionally cool, wet spring. b. Celebration 225 Cultural Fair To launch the summer season, Saint John 225 will invite Saint John residents and visitors to participate in a day -long outdoor celebration. Tentatively scheduled for Saturday, July 3, 2010, this family- focused event will feature local cultural performances, children's activities and musical acts. Existing and emerging artists will be invited to submit ideas for performances and/or displays at the Cultural Fair. The Celebration 225 Cultural Fair will be held in an outdoor venue large enough to accommodate the maximum number of participants. The two sites under consideration are the Saint John Waterfront or Rockwood Park, Canada's largest municipal park. There are a number of significant milestones between May 18 and July 3 including: • June 18 226h anniversary of New Brunswick • June 21 Aboriginal Day • June 24 406'h anniversary of Samuel de Champlain's arrival in the harbour • July 1 -- Canada's 143a anniversary of Confederation c. Saint John 225 Neighbourhood Activity Kits To help commemorate the city's anniversary, Saint John 225 will create Neighbourhood Activity Kits to assist neighbourhood groups in planning how they want to celebrate this important year. From street parties to neighbourhood art projects, Saint John 225 will provide small grants and/or supplies to encourage Saint John residents to spark their own creativity and make this a truly original celebration. Celebration 225 is a vibrant and multilayered program that will build community pride and increase interest, participation and appreciation of the Saint John region's contemporary arts and culture. Through 102 Saint John 225 -- Description of Programs Revised: October 2009 Celebration 225 Saint John residents and visitors will experience a fuller picture of the region's history. It will reflect the city's historical role in this region, its geographic location at the mouth of the St. John River and its aim to welcome new people and new ideas. 5. First Nations Cultural Celebration Legacy -- J.• Support for programs to preserve cultural practices and traditional knowledge This event will be organized, in partnership with Mi'kmaq and Wolastoqiyik communities in New Brunswick, will organize a celebration and to honour the cultural contributions of First Nations people to New Brunswick. It will occur in mid - September to coincide with 222°d anniversary of the signing of a major treaty between the Wolastoqiyik of the Saint John River and the Mi'kmaq of Richibucto, Miramichi, Chignecto, Pokamouche and Minas Basin. The celebration will occur at Fort Howe, overlooking the harbour and the site of the original Wolastoqiyik village, and will include demonstrations of traditional ways of life, including the making of items such as baskets, canoes and toboggans; the telling of traditional stories and displays and performances by contemporary First Nations artists. It will be the first major First Nations celebration to be held in Saint John, which, despite the area's historical connection to the Wolastoqiyik and the Mi'kmaq, does not have a strong First Nations presence. There are about 640 Aboriginal people living in the City of Saint John, about four per cent of New Brunswick's Aboriginal population. Potential partners for this event include the provincial government's Aboriginal Affairs Secretariat, the University of New Brunswick's Micmac - Maliseet Institute and the New Brunswick Museum. The vision for this event is to create an annual cultural celebration that will be a legacy program that supports and preserves cultural practices and traditional knowledge among Aboriginal people. In late 2006, the City of Saint John and Elsipogtog First Nation began talking about organizing a commemoration ceremony that would celebrate the Wolastoqiyik and the Mi'kmaq way of life, while educating Saint John residents and visitors about contemporary First Nations' accomplishments and challenges. The Cultural Capitals' celebration hopes to build upon this event when planning the 2010 program. 6. Reunion 2010 Celebration — BI: Performing arts festival Reunion 2010 is a three -day music and performing arts festival featuring performers with Saint John connections. Inspired by the Old Home Week celebrations that occur throughout the Maritimes, this festival is an opportunity for musicians to reconnect with their Saint John roots, to honour our shared artistic and cultural history and to inspire the next generation of artists and performers. Reunion 2010 will invite professional artists with connections to the Saint John region that have achieved national and international acclaim to return for a three -day music festival alongside local artists and performers. Tentatively scheduled for August 6a` to 8'", Reunion 2010 will celebrate Saint John artists, both those developing their talents in the region and those who have left to pursue their passion on the world's stage. During the festival, Saint John 225 will hold a master class and/or workshops to bring these professional artists together with young people and young, emerging artists. The festival is tentatively planned for an outdoor venue on the city's waterfront and will feature performances by the returning artists and a selected group of young, emerging artists. This is a new, celebratory performing arts festival that will potentially highlight the work of First Nations, francophones, culturally diverse groups and young people. 103 �TMAMPIMILL'-"M�) - I t ' 17jWMIR Revised: October 2009 7. The Arts on the Edge Legacy — F2: Support far community art programs This program will allow emerging artists, performers and producers between the ages of 17-29 to push themselves — to take their performance and art to the edge — while working with masters in their chosen discipline. Arts on the Edge will have two streams- master class and apprenticeship. Both include small group discussions with leading professionals, career advice, including resume writing and prepping for auditions and practical workshops. There will be a total of four master classes/apprenticeships in 2010. The Arts on the Edge program will be offered in partnership with the Saint John Theatre Company (www.saintjohntheatrecorn n rn 2a yco _ J. The Saint John Theatre Company began 20 years ago as an amateur theatre group created by a group of friends who wanted to bring a little theatre to the city. Over the past two decades the Company has grown, both in terms of its membership and its reach. While it is still a volunteer-based organization, it has evolved into a true community theatre company, with a small but growing outreach component. This is a new legacy-building program that supports the development of community arts programming. Saint John 225 will work with the Saint John Theatre Company to establish a management plan for Arts on the Edge post -2010, including criteria for the selection of the masters for the program, the coordination and management of the apprenticeship program and the criteria for applicants. 104 Saint John 225 — Description of Programs Revised: October 2009 III. Knowledge Transfer The City of Saint John Arts and Culture Policy is anchored by four goals: • Accessibility and participation; • Strong arts and culture infrastructure; • Unique and stimulating environment; and, • Integral part of the Saint John growth strategy. The Saint John Community Arts Board is the lead organization for the implementation of this policy and during 2010 Saint John 225 will work in partnership with the Saint John Community Arts Board to enhance two existing online activities and introduce three new initiatives to increase community capacity and the promotion of arts, culture and heritage. 1. Saint John: The Original City/La ville originale website & enews Legacy — HI: Marketing or promotion of cultural activities among the municipal population The City of Saint John Cultural Affairs Office currently produces two online digests; the monthly State of the Arts online newsletter and the Cyber Events Calendar, which includes a free weekly email for subscribers. In anticipation of the 2010 program of events, these two digests will be replaced by a new website that will promote the arts, culture and heritage in the Saint John region. The Original City /La ville originale website will include all elements of cultural and artistic expression and all heritage activities and events. Saint John 225 and the Cultural Affairs Office will work closely with Tourism Saint John to ensure the website contributes to the development of cultural tourism, marketing and promotion. The Original City /La ville originale site will lead by example, using interactive tools and social media to inform and interact with web users, including Saint John's artistic, cultural and heritage communities. This will be a vibrant online community that will increase accessibility and participation for Saint John residents, artists, performers and visitors -- meeting the first goal of the City's Arts and Culture Policy. A new enews digest will replace the State of the Arts newsletter. It will be an online publication, providing analysis, reviews and news. Its purpose will be to stimulate ideas and discussion amongst practitioners and patrons of arts and culture. It will have a broad mandate to report on events and developments within the Saint John region and also on trends and significant events elsewhere in the world that may be of interest to a greater Saint John audience, particularly those in the cultural and heritage sectors. The e-news digest will contribute to the development of a unique and stimulating environment, the third goal of the Arts and Culture Policy. 2. Cultural Capitals of the World Presents... Legacy — L• Creation of linkages among municipal cultural workers and members of the arts and heritage communities... to strengthen their capacity and to support... cultural development Nanaimo, B.C.; Sackville, N.B.; Wikwemikong, Ont.; Stavanger, Norway; Istanbul, Turkey; and, Cork, Ireland are all linked through their commitment to the development and promotion of arts and culture. These are a sample of the 78 municipalities that have been named either Cultural Capitals of Canada or European Capitals of Culture. There is a wealth of knowledge pertaining to the development of community-based arts, culture and heritage activities within this group. Saint John 225 will invite nationally or internationally- renowned experts to headline a panel discussion as part of the Cultural Capitals of the World Presents... one -day event. This is an expansion of the Saint John Community Arts Board's successful Arts Summits and provides an opportunity to learn and determine best practices for community cultural development, including sustained cultural planning and 105 Saint John 225 — Description of Programs Revised: October 2009 private sector support. In this way, it will contribute to the development of strong arts and cultural infrastructure, the second goal of the City's Arts and Culture Policy. 3. Arts groups, Businesses and the City: The ABCs of cultural development Legacy — L Creation of linkages among municipal cultural workers and members of the arts and heritage communities... to strengthen their capacity and to support... cultural development In Saint John, as with most municipalities, three groups must work together to enhance cultural developments: community arts groups and non - profit organizations, private sector businesses and city staff. What normally occurs is these groups come together to work on specific projects, but they otherwise have limited ongoing interaction. This has created short-term partnerships; what are needed are sustainable, long -term relationships. The Saint John 225 and the Saint John Community Arts Board will spearhead greater interaction between community organizations, private businesses and City staff with a series of workshops and social events. The initial activities would target the business community and City workers and include: • A Lunch and Learn series to brief participants on the details of the City's Arts and Culture Policy and implementation plan. • A Culture Hop series that would arrange on -site tours of major arts and cultural venues and organizations for potential private and public sector investors. Based on the premise that it is always better to show, rather than tell, the Culture Hop (built out of the City's very popular and well - established Gallery Hop, held three times each year) would illustrate to business, community and government leaders the importance of arts and culture to the social and economic development of the city. • The State of the Arts annual presentation. The Saint John Community Arts Board will release an annual report on the status of the Arts and Culture Policy, including its implementation and private sector and municipal support for the policy. This presentation will be made annually to Saint John Common Council and the Saint John Board of Trade, the latter at one of the board's regular luncheon events. • Arts and Culture Gala Awards. The City of Saint John and the Saint John Community Arts Board will hold a gala evening event to celebrate Saint John's diverse arts and culture community and to honour the companies and individuals who have worked hard to enhance, encourage and promote arts and culture development in the Saint John region. The central theme of the evening will be the role arts and culture plays in economic and community development and the work of the award recipients will reflect that. The awards will be based on the strategic roles defined in the Arts and Culture Policy, specifically: promoter and advocate; planner and facilitator; partner and patron; manager and exhibitor; and, designer and architect. Using the principles and goals of the City's Arts and Culture Policy as its template, Saint John 225 and the Arts Board will illustrate the vital role arts, culture and heritage play in the life of the community and how they promote greater understanding between community organizations, private businesses and municipal workers of their individual roles in promoting and enhancing arts and culture. This meets the fourth goal of the Arts and Culture Policy, to be an integral part of Saint John's growth strategy. E Heritage Development Bayard November 23, 2009 P. 0, Box 1971 ' 506 6 -58 -283 -w Saint ,lohn, NB 506 6558-2837 (111x) Canada I.;-'2L 4L1 1a larrrrirrg(rr!_sirirrtjR,yhri, ca His Worship Mayor Ivan Court And Members of Common Council Your Worship & Councillors: INTRODUCTION iav9 Recently there has been discussion regarding the heritage merit of buildings surrounding the Peel Plaza development. At the October 13, 2009 meeting Common Council requested that the Heritage Development Board make a presentation on the architectural and historical significance of these buildings. The Heritage Board welcomes the opportunity to do this as well as to suggest a balanced approach that provides for considerable new development and limited retention of significant heritage assets in this area. BACKGROUND During the public hearing process for designation of King Street East, and several smaller areas in 2007, the Heritage Development Board received a request f-orn the owner of the Chipman Hill Properties and Loyalist House Museum to have their buildings included as a heritage at-ca. The Board indicated that it was not possible to consider there at that time, but committed to conduct the necessary research in order to provide a recommendation to Council in a subsequent report. The Board undertook research in the immediate area and considered buildings fronting onto Chipman Hilt/Hazen Avenue, Carleton Street, Peel Street, Wellington Row, Dorchester Street, Coburg Street and Union Street between Coburg Street and Hazen Avenue. At the request of senior management the results of the first phase of this research was presented to the public at a meeting held at the Arts Centre. The research determined that due to the destruction of the South End caused by the Great Fire of June 1877, the area described as "North of Union ", including the City Market and a few remaining buildings on Charlotte Street, is the only area which illustrates the early architectural and historic development of Saint John. It alone contains excellent examples of Georgian, Greet: Revival and Gothic Revival buildings built prior to the Great Fire. 107 Continued... 2 November 23, 2009 ANALYSIS There is a significant amount of vacant land in the area north of Union Street. It provides an excellent opportunity for Saint John to demonstrate the flipside of the heritage development coin. In Heritage Conservation, Areas we have a few vacant lots where new buildings, sensitive to their context, can be built. In the area north of Union we have a relatively small number of significant buildings which merit heritage designation and can provide inspiration for new development. Should Council proceed with designation of a Heritage Conservation Area, it would be prudent for the 5tandar&7 for Conservation of Existing Buildings currently found in Section 8 of the Heritage Conservation Areas By -law to be used to determine the appropriateness of proposed development of the existing heritage buildings in the area. In addition, it would be prudent for the ,standards far Near (Infill) Construction currently found in Section 9 of the Heritage By -law to be used to determine the appropriateness of any new buildings in the 50' area fronting onto the east side of Wellington Row. Use of these standards will ensure that new buildings would: a) both respect and contribute to the sense of place and unique identity that heritage architecture provides to Saint John, by using compatible massing and elements in combination with contemporary materials and detailing; b) be at human scale (3 -5 storeys) at the street edge; and c) be the well designed heritage buildings of the future. CONCLUSION• The Heritage Development Board is: • in favour of development in the area north of Union Street and in particular around Peel Plaza; • in favour of good urban design and high quality, well detailed architecture that is at a human scale with 3 to 5- storey buildings at street edge and higher buildings behind; • in favour of a pedestrian friendly city; • in favour of a sustainable approach to urban development which considers existing heritage buildings as assets which should be carefully considered for adaptive reuse. REcomMENDATIONS 1) Council designate as a Heritage Conservation Area, the west side of Wellington Row and the architecturally and historically significant buildings fronting onto Chipman Hill /Hazen Street, Carleton Street (between Hazen Street and Wellington Row) and Union Street (between Peel Street and Wellington Row) and 2) Use the standards for New (InfilI) Construction in Section 9 of the Heritage Conservation Areas By -law, to determine the appropriateness of all new buildings in the 50' area fronting onto the east side of Wellington Row. This would ensure that any new development would be compatible with its historic context, as the processional route to Stone Church. 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N 1 0 N 54e5"v S T. 185 rY A R U Ld z 0 Z J J w '^4� U N I qo � (a "C LI) Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a l'arrete sur le zonage Applicant Related Information 1 Renseignements sur le demandeur Name of Applicant /Nom du demandeur 0 u (f d;- T 1'J N Mailing Address of applicant / Addresse postale du demandeur -�% c '#* '1J0 fzT N)4N 5 % ;7,4-lMT S T S'la�.ti.T 7-0 b'/✓ Postal Code / Code postal d6- Z L 2 Telephone Number / Numdro de tdldphone Home/Domicile Work 1 Travail G .3V " Q ip Fax Number/ Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse Postal Code / Code postal: Property Information / Renseignements sur la proprikte Location/ Emplacement jgFP 7:2 f3 r2c)A P 57T' 3 91? Civic # / No de voirie Street I Rue PID /NIP Lot Area / Superficie du lot y00 5`44 Street Frontage / Facade sur rue Existing Use of Property / Utilisation actuelle de la propridtd ✓A6+eA *N T r--D /e to c`fz L Y 2d ,^/7Z�� Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal V o4L Present Zoning / Zonage actuel /2 h'1 / .T Amendments Requested / Modifications demandees Municipal Plan / Plan municipal 12"-Change Land Use Designation to 1 Modifier la ddsignation de ('utilisation des terres A APP12 4 C'oAw &71 r ro4 L- �� u�`� a pry► �nr r and /or / ou 0 Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -law/ Arretd sur le Zonage G- Change Zoning to / Modification du zonage A _ Z 6­L —ly&-2zA L 13 U ❑ "Rw2te particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) ,,�, ". Development Proposal l Proposition d'amenagement Description of Proposal 1 Description de ]a proposition 0 f T� S7a2e�:7- 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 devez fournir un plan du site d 1'echelle illusrrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de bdtiment, des dessins de plan d'dldvation et toute autre forme de renseignement. Le plan du site doit indiquer les dimensions de la propridtd, 1'emplacement de la toralitd des b6timents, des alleles, des aires de stationnement, des amdnagements paysagers et des panneaux de signalisation. Il est important d`indiquer la distance entre les limites de la propr0d et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient 8tre approuvdes. L o C ,q e- 13 C, F 2 0 y6 rz 3S` Yc-x 2 S r� C-kC) C A*- 7-z-=- 7-0. '4-j) S7,- - Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait @tre utile. Signature of Applicant / Signature du demandeur 0, Date GO Q E 5400 Application Fee Enclosed 1 Ci joint les frais de demande de 400 S If you are not the owner of the land in question Si vous n'etes pas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner authorizing this application to proceed is ci- dessous. La signature du propridtaire autorisant le required for consideration by Common Council. traitement de la prdsente demande est requise pour que Signature of Owner (if applicable) cette derniere soil examinee par le conseil communal. Signature du propridtaire (s'il y a lieu) Date 187 PLANE I Intemet Browser - Version LU Page I of I Home Search Menu . Help Problem Rjqmrt 0 7- �'-AN 1617729 Owner Savoy, J Frederick https://,kk-ww.planet.snb-caL,rPLANEThrowserlbtmi/smwe,lma,)Aoad.do 5/301,08 11 ii 1111 111119 r M 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, December 7, 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, a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as being PID number 00000398. 2. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28 of the Municipal Development Plan: "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as being PID number 00000398." 3. Rezoning the same parcel of land from " -IF" Multiple Residential Infill to "B -2" General Business. REASON FOR CHANGE: To permit the establishment of a retail store within the existing building. 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 �i�reTa� t : $ r Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amtinagement municipal et Parretti sur le nonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra daps la salle du conseil le lundi 7 d6cembre 2009 a 19 h, en apportant les modifications suivantes : 1. la reclassification, a I'annexe 2 -A et 2 -C du plan d'amenagement municipal, d'une parcelle de terrain dune superficie d'environ 400 metres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398, de zone residentielle de densite n'oyenne a zone d'anaenagement commercial approuve. 2. Pajout de la parcelle de terrain suivante a is liste des am6nagements commerciaux approuv6s a Palin6a 2.4.6.28 du plan d'amenagement municipal : u u) une parcelle de terrain dune superficie d'environ 400 metres carres, situee au 72, rue Broad, et portant le NID 00000398. » 3. la modification du zonage de la parcelle de terrain pr6cilde pour la faire passer de zone d'edification de logements multiples sur terrain intercalaire « - IF» a zone commerciale g6n6rale << B -2 ». 1:741&TO] 117Do Will!a[0171'yCt17:%IIQ] 5 Permettre I'amdnagement d'un magasin de d6tail 6 I' int6rieur du batiment existant. Toute personne int6ressee peut examiner les modifications propos6es au bureau du greffier communal ou an bureau de I'urbanisme et du developpement 6 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri6s. Veuillez faire part de vos objections aux projets de modification propos6s par 6crit a 1'attention du soussign6 6 I'hotel de ville. Elizabeth Gormley, greffi6re cotmimunale 6582862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud g et Number: 110 0801 442 2010 , . Department: Common Clerk's Office (Account # 71 Contact: Elizabeth Gormley Phone: (506) 658 -2862 Special Instructions (if any): Reference: 72 Broad Street — Public Hearing Fax: (506) 674 -4214 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement "SJTJ Classifieds Date(s): Tuesday, November 10`h, 2009 Tuesday, December 1", 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice [] Tender ❑ Proposal IN Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 ., PUBLIC NOTICE 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, December 7, 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, a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as being PID number 00000398. 2. Adding the following to the list of Approved Commercial Developments in sub- section 2.4.6.28 of the Municipal Development Plan: "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as being PID number 00000398." 3. Rezoning the same parcel of land from "RM -IF" Multiple Residential Infill to "B-2" General Business, REASON FOR CHANGE: To permit the establishment of a retail store within the existing building. 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 Cleric 658 -2862 AVIS PUBLIC Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et 1'arret6 sur le zonage de The City of Saint John, lors de ]a reunion ordinaire qui se tiendra dans la salle du conseil le lundi 7 d6cembre 2009 a 19 h, en apportant les modifications suivantes : 1. la reclassification, a 1'annexe 2 -A et 2 -C du plan d'amenagement municipal, d'une parcelle de terrain d'une superficie d'environ 400 metres carres, situee au 72, rue Broad, et portant le NID 00000398, de zone risidentielle de densitJ moyenne a zone d'atWnagement commercial approavd. 2. l'ajout de ]a parcelle de terrain suivante a ]a liste des am6nagements commerciaux approuves a Valinea 2.4.6.28 du plan d'amenagement municipal: « u) une parcelle de terrain d'une superficie d'environ 400 metres carrel, situee au 72, rue Broad, et portant le NID 00000398.7) 3. ]a modification du zonage de la parcelle de terrain precitee pour la faire passer de zone d'6dification de logements multiples sur terrain intercalaire « RM -IF » a zone commerciale g6n6rale «B-2 », RAISON DE LA MODIFICATION: Permettre 1'amenagement d'un magasin de detail a l'interieur du batiment existant. Toute personne interestee peut examiner les modifications proposees au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours 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 2&58760 658 -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 and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398, from Medium Density Residential to Approved Commercial Development classification; ARRETE N° C.P. 105 -_ ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conscil communal, The City of Saint John a edict6 cc qui suit: L'arret6 relatif au plan municipal de The City of Saint John ddcrete le 3 janvier 2006 est modifi6 par : la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 400 metres carr6s, situee an 72, rue Broad, et portant le NID 00000398, de zone r6sidentielle de densite moyenne a zone d'amenagement commercial approuve; 2 Adding the following to the list of 2 1'ajout de la parcelle de terrain Approved Commercial Developments in suivante a la liste des am6nagements sub - section 2.4.6.28: commerciaux approuves a 1'alinea 2.4.6.28 : "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398." - 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 «u) une parcelle de terrain d'une superficie d'environ 400 metres carr6s, situee au 72, rue Broad, et portant le NID 00000398. >> - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6te le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398, 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 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: ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arnR6 sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de Pannexe <<A>>, Plan de zonage de The City of Saint John, pennettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 400 metres carres, situee au 72, rue Broad, et portant le NID 00000398, zone d'edification de logements multiples sur terrain intercalaire o RM -117 » a zone cotnmerciale generale « B -2 » - toutes les modifications sont indiquecs sur le plan ci joint et font partie du present arrete. EN F01 DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, aver les signatures suivantes : + +r First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third beading - Troisi6me lecture December 2, 2009 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning 72 Broad Street On October 26, 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 December 1, 2009 meeting. Mr. Marcel Doucet, the applicant, was in attendance at the meeting and expressed agreement with the recommendation in the staff report. No one else appeared for or against the application and no letters were received with regards to the application. The Committee expressed concern regarding the introduction of a retail store in an area of the City where it is typically not permitted. The ensuing discussion with staff and the applicant centred on the unobtrusive nature of the proposed use, and the existence of other retail stores located on Broad Street. After considering the report and comments made by the applicant, the Committee adopted the staff recommendation. RECOMMENDATION: I . That Common Council redesignate on Schedule 2 -A and 2 -C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398. 2. That Common Council rezone the same parcel of land 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 proposed development of a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398, with a retail store be subject to the following conditions: 194 -2- a) the use of the site is limited to the proposed "Brass `n' Things" retail store and /or one or more dwelling units; b) the retail store is restricted to the existing building closest to Broad Street, having civic number 72 Broad Street; C) there shall be no freestanding or mobile signs permitted on the site. Respectfully submitted, Stephen Horgan Chairman JK Project No. 09 -317 195 DATE: NOVEMBER 27, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 1, 2009 Jody Kliffer Planner SUBJECT Name of Applicant: Marcel Doucet Name of Owner: Marcel Doucet Location: 72 Broad Street PID: 00000398 Municipal Plan: Existing: Medium Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RM -IF" Multiple Residential Infill Proposed: "B -2" General Business Proposal: To establish a small retail store (Brass `n Things) in an existing building Type of Application: I . Municipal Plan Amendment, 2. Rezoning I•• Marcel Doucet 72 Broad Street JURISDICTION OF COMMITTEE: Page 2 November 27, 2009 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, November 30, 2009. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council redesignate on Schedule 2 -A and 2 -C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398. 2. That Common Council rezone the same parcel of land 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 proposed development of a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID number 00000398, with a retail store be subject to the following conditions: a) the use of the site is limited to the proposed "Brass `n' Things" retail store and /or one or more dwelling units; b) the retail store is restricted to the existing building closest to Broad Street, having civic number 72 Broad Street; C) there shall be no freestanding or mobile signs permitted on the site. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indicated that future development could require more formal parking arrangements on site. Buildings and Inspection Services indicated that the applicant will require a permit and Building Inspection and Services can work out any Code issues at that time. Maritimes & Northeast Pipeline has been notified of this application. 197 Marcel Doucet 72 Broad Street ANALYSIS: Site and Neighbourhood Page 3 November 27, 2009 The subject site is located on Broad Street between Carmarthen and Wentworth Streets in the Central Peninsula area of the City. The subject site is located in an older community comprising of a majority of buildings constricted before 1920. There is a Roman Catholic Church located immediately west of the subject site, with residential units dominating most of the neighbourhood. There are several two or three storey multi -unit residential dwellings in an approximate two - block radius of the subject property. Broad Street contains a few different commercial uses, including an auto - repair shop and a convenience store on the same block as the subject site. The Armouries are located on the block south of the subject site. Off - street parking is located on the two fronts of the property, which is a corner lot located at the south- eastern side of the Broad and Carmarthen Street intersection. In total, the site can provide approximately eight parking spaces. The off - street parking provided is augmented by the on- street parking available on both Carmarthen and Broad Streets. In particular, the church on Carmarthen Street located across from the subject property has several on- street parking spaces available in front of the property that are seldom used. The subject property is unique in that it contains two separate, two - storey wood buildings on the same lot. "72 Broad" is the location of the proposed retail store, while "304 Carmarthen" is the location of a two -unit dwelling. 72 Broad was previously a two -unit dwelling as well; however, the upstairs unit is no longer rented as an apartment, but is used as a storage space for files and small items pertaining to the proposed retail store. The off - street parking available on the property is shared by both buildings. The site has a frontage of approximately 12 metres (39 feet) on Broad Street, and approximately 32 metres (105 feet) on Carmarthen Street. The 400 - square -metre area of the property is common throughout the neighbourhood. Proposal The proposed retail store, Brass n Things, seeking relocation to 72 Broad Street from 114 Prince William Street has been a commercial presence in the Uptown area for over 35 years. The applicant has stated that the decision to move further into the South End was a result of increases in rent and a strained relationship with the landlord that made staying at the previous location impossible. Reluctantly, the applicant decided to move his business to 72 Broad Street where he owns both buildings on the property lot (the other building faces west on the property lot with a civic address of 304 Carmarthen Street). Both dwellings at 72 Broad Street and 304 Carmarthen Street were originally two -unit apartments; however, the dwelling at 72 Broad Street has been unoccupied for some time, and the applicant has indicated that the unit in the upstairs apartment is unlikely fit for habitation in its current condition. As such, the applicant believed the relocation of his business to 72 Broad Street would be efficient use of the vacant property. The clientele for the business is well established, and consists primarily of local churches, collectors, and other businesses and institutions. The applicant has indicated that the internet has provided an increasing share of business in recent years. However, very little of the business associated with Brass `n ,W: Marcel Doucet 72 Broad Street Page 4 November 27, 2009 Things is derived from shoppers walking in off the street. The business nuns on regular business hours (9:00 a.m. to 5:00 p.m.). The proposed retail store would occupy approximately 100 square metres (328 square feet) of the building's floor area, requiring a minimum of 3 off - street parking spaces. The two -unit dwelling located on the same property lot, but fronting Carmarthen Street (304 Carmarthen Street), requires 2.5 parking spaces (rounded to three). In total, the off - street parking required for the subject property is six spaces, which the existing parking area is able to accommodate. Proposed Amendments The applicant's proposal is not permitted under the current Medium Density Residential designation and "RM -IF" Multiple Residential Infill zoning of the property. The present "RM -IF" zoning does not permit the use of a retail store. Therefore, amendments to the Municipal Plan and Zoning By -law have been requested that, if approved by Common Council, would permit the applicant's proposal. The applicant proposes that the site be redesignated to Approved Commercial Development and that it be rezoned to "B -2" General Business. Normally, only a rezoning of the property would be required, as the Municipal Plan's general policies for Medium Density Residential areas do permit a limited range of small and /or neighbourhood- oriented commercial uses (subject, of course, to approval of a rezoning) where deemed appropriate. However, this area of the City is also subject to the more detailed policies of the Central Peninsula Neighbourhood Plan, which do not allow even local or neighbourhood commercial uses in a Medium Density Residential designation. Rather, they must be approved by Common Council as Approved Commercial Developments by means of an amendment to the Municipal Plan, in addition to being rezoned to a business zone. This additional requirement is in place to emphasize that one of the major goals of the Central Peninsula Plan is to protect and enhance the residential environment of the Central Peninsula neighbourhoods. The policies of the Central Peninsula Plan discourage the introduction of new non - residential uses into the residential neighbourhoods, especially where the parcel in question adjoins residentially designated properties on two or more property lines'. The subject site does in fact adjoin residentially designated land on two sides, therefore, any redesignation of the site for non - residential purposes must be considered very carefully. Policy 2.1.4 of the Central Peninsula Plan (incorporated as Section 10.2.1.4 of the Municipal Plan) does provide for the possibility of such redesignations, stating as follows: 2.1.4 Where specific commercial developments are proposed for individual parcels of land that require redesignation of the land to a commercial designation, it Shall be the policy of the City of Saint John that Common Council may approve such redesignation, Subject to the f )lloiring criteria: a) Regard shall be had to the policies contained in Section 2.4.4.5, 2.4.4.6 and 2.4.4.7 of the Municipal Development Plan. ' Policy 2.1.3 of the Central Peninsula Plan (incorporated as Section 10.2.1.3 of the Municipal Plan) states, ``Except as provided for ill Policy 2.1.4, it shall be the policy of the 00) of ,10iiztJolm riot to designate individual parcels of land for commercial uses where the parcel is adjoiiziizg a residentially designated land oil hi,o or more propero) lilies." li.• Marcel Doucet 72 Broad Street Page 5 November 27, 2009 b) The implementing rezoning of the land shall restrict the use of the parcel to a specific proposal purvuant to Section 39 of the Community Planning Act. Sections 2.4.4.5, 2.4.4.6 and 2.4.4.7 of the Municipal Development Plan, referred to in the above -noted policy statement, are the Plan's general criteria for evaluating proposed rezonings for commercial uses in residentially designated neighbourhoods. These include criteria such as location on an arterial or collector street, limitation of the size of the commercial use, and measures to ensure compatibility with or, at least, minimal impact upon surrounding properties. Broad Street is designated as an arterial street, and therefore the proposal can satisfy the first general criterion noted above. Furthermore, the proposed retail store is relatively small and, in relation to other types of commercial uses, would be generally less disruptive to the neighbourhood than, for example, a large retail store or a restaurant. However, the concern is with the direction that this rezoning would set if approved to permit a retail use to be introduced into this block. As noted earlier in this report, Broad Street is part of a larger residential neighbourhood. The Peninsula Neighbourhood Plan clearly discourages so- called "commercial creep" into the stable residential areas of the peninsula because the cumulative impact of these uses tends to undermine the stability and desirability of the area as a residential community. Nevertheless, the anticipated impact that the proposed relocation of the retail store would have on the surrounding residential neighbourhood is negligible. Further, the value of maintaining a historically unique store within the retail fabric of existing Saint John businesses outweigh the perceived negative impacts it may have. Typically staff would be disinclined to endorse the introduction of a commercial development in the residential area of the southern peninsula. In this case, however, staff believe there will be very minimal impact on the adjacent community, and can therefore recommend approval. The recommended Section 39 conditions will clearly limit the nature and extent of the use to the applicant's specific proposal, as required by the policies of the Peninsula Plan. A further condition is recommended to limit the nature of signage that would be permitted in conjunction with the business. CONCLUSION: The subject site is located within a primarily residential block of the City's Central Peninsula residential neighbourhood. The present policies of the Central Peninsula Neighbourhood Plan do not generally encourage the introduction of commercial uses into a residential neighbourhood. However, considering the size and nature of the proposed retail store and the location on an arterial street, the impact on the adjacent community will likely be minimal. Therefore, it is recommended that the application be approved subject to conditions limiting the use to the applicant's proposal. JK Project No. 09 -317 200 m 14, 1381 I m sA PID(s)/NIP(s): 00000398 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de ['entente relative a ['article 39 Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur 1 roy Arsanauft Mailing Address of Applicant / Adresse postale du demandeur 40 C-dkncoogd Orive- u 1L 1 , N Postal Code / Code postal C Telephone Number / Numdro de tdldphone: Home /Domicile is q ° u`U 2 Work/travail G q ®3`)0`2. Fax Number/ Numdro de tdldcopieur t 7 `- 52>q Name of Property Owner (if different) / Nom du propriBtaire (si diffdrent) Postal Code / Code postal Existing Resolution / Resolution actuelle NI a rvh 7 Date of Resolution to be Amended /Date de la rdsolution A modifier Location / Emplacement 99 JBUrDae, T D 2'2-7 Civic No. / No de voirie Street / Rue PID / NIP Applicant's Interest in Property / Intdrdt de demandeurs dan la propridtd O � What is your Proposal? / En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin enti&ement cotd illustrant votre proposition. (Ddcrire la proposition en ddtail) Signature of the owner must be included. / Lasigndure due propridtaire doit dtre incluse Signature of Owner (if applicable) / signature du propridtaire (s'il y a lieu) Date 203 �-2S�joyces) i w • Signature of the owner must be included. / Lasigndure due propridtaire doit dtre incluse Signature of Owner (if applicable) / signature du propridtaire (s'il y a lieu) Date 203 LAW r \ OWN City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only; Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71 Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Reference. 99 Burpee Avenue - Section 39 Amendment Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ Cih, Information Ad Date(s): Tuesday, November 10th, 2009 Tuesday, December 1s1, 2009 SJTJ Independent Placement Date(s): SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub- Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erklGreffiere communale Contact: Telephone: (506) 658 -2862 206 RE: 99 BURPEE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, December 7, 2009 at 7:00 p.m„ by: Amending the Section 39 conditions unposed on the March 4, 2008 rezoning of the property located at 99 Burpee Avenue, also identified as PID No. 00022731 and a portion of PID No. 00022723, to permit a revised proposal. REASON FOR CHANGE: To permit a day care centre within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. PROJET DE MODIFICATION 1 L'ARTICLE 39 / Par les pr6sentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du Conseil le lundl 7 d6cembre 2009 A 19 h en apportant les modifications suivantes : Modification des conditions impos6es en vertu de I'article 39, le 4 mars 2008, relativement au rezonage de ]a propri6t6 situ6e au 99, avenue Burpee, et portant le NID 00022731 ct 6tant aussi une partie du NID 00022723, pour pennettre la presentation d'une proposition r6vis6e. ISON DE LA MODIFICATION: Permettre une garderie a 1`int6rieur du batiment existant. Toute personne int6ress6e peat examiner la modification proposee au bureau du greftier communal ou au bureau de I'urbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri6s. Veuillez faire part de vos objections au projet de modification par ecrit a Pattention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffsere communale 658 -2862 658 -2862 207 PUBLIC NOTICE AVIS PUBLIC Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, December 7, 2009 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the March 4, 2008 rezoning of the property located at 99 Burpee Avenue, also identified as PID No. 00022731 and a portion of PID No. 00022723, to permit a revised proposal. REASON FOR CHANGE: To permit a day care centre within the existing building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 7 decembre 2009 a 19 h en apportant les modifications suivantes : Modification des conditions imposees en vertu de Particle 39, le 4 mars 2008, relativement au rezonage de la propriete situee au 99, avenue Burpee, et portant le NID 00022731 et etant aussi une partie du NID 00022723, pour permettre la presentation d'une proposition revisee. RAISON DE LA MODIFICATION: Permettre une garderie a l'interieur du batiment existant. Toute personne interestee peut examiner la modification proposee au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a 116tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a Pattention du soussigne a 1'hotel de ville. M Elizabeth Gormley, Greffiere communale 658 -2862 December 2, 2009 Your Worship and Councillors: SUBJECT: Proposed Section 39 Amendment 99 Burpee Avenue On November 9, 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 December 1, 2009 meeting. Mr. Troy Arsenault, the applicant, was in attendance at the meeting and expressed agreement with the recommendation in the staff report. No one else appeared for or against the application. However, one letter in support of the proposal was received at the meeting (copy attached). After considering the report and comments made by the applicant, the Committee adopted the staff recommendation. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the March 4, 2008, rezoning of the property located at 99 Burpee Avenue, also identified as PID Number 22731 and portion of PID Number 22723, by adding a daycare facility as a permitted use of the property and leaving all other adopted conditions unchanged. Respectfully submitted, Stephen Horgan Chairman JK Project No. 09 -416 209 December 2, 2009 Your Worship and Councillors: SUBJECT: Proposed Section 39 Amendment 99 Burpee Avenue On November 9, 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 December 1, 2009 meeting. Mr. Troy Arsenault, the applicant, was in attendance at the meeting and expressed agreement with the recommendation in the staff report. No one else appeared for or against the application. However, one letter in support of the proposal was received at the meeting (copy attached). After considering the report and comments made by the applicant, the Committee adopted the staff recommendation. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the March 4, 2008, rezoning of the property located at 99 Burpee Avenue, also identified as PID Number 22731 and portion of PID Number 22723, by adding a daycare facility as a permitted use of the property and leaving all other adopted conditions unchanged. Respectfully submitted, Stephen Horgan Chairman JK Project No. 09 -416 210 rf ,f 10 a� Jq 1, Jq The new ChAteau Saint John Hotel & Suites situated at 369 Rockland Road in Saint John, would like to express our strong support for Mr. Troy Arsenault in the development of the Saint John Early Imergant Center located at 99 Burpee Street in Saint John, New Brunswick. We believe that the development of his project will prosper the area in a continued effort to improve the North end of the city. We wish him great success in this project! 369 Rockland Road • Saint John, N,B, - Canada - E2K 3W3 Tel: (506) 644-4444 -Fax: (506) 644-4445 - 1-877-772-4040 www.chateausaintjohn,ca 213 09/24/2009 08:35 1 PLANNING AND DEVELOP PAGE 04/04 %.3 (ck) Application for Amendment to Section 39 Resolution or Agreement bemande de modification de la r6solutkon ou de ['entente relative a Particle 39 Applic$nt Related Information 1 Renseignemenntss suer le demandeur Name Of Applicant I Nom du demandeur Name of Property Owner (if different) I Nom du propridtaire (si diftent) .Postal Code / Code postal Existing ResoIiution / Risolution actuelle Date of Resolution to be Amended / Date de ]a rdsolution h modifier I p If , -1 I Location / Emplacement 16-7 C ' Y�Ve Ro ; "r� 201 7 % Civic No. / No de voine Street / Rue PTD / NIP Applicant's Interest in Property / Intdr @t de dcmandeurs dan la propridt� owr,eV- o� n Y What is your Proposal? / En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal, (Describe proposal in detail) Nota: Foumier un plan ou un dessin entidrernent cotd illustramt votm proposition. (DL'crire la proposition an detail) A flee of $3 Woo is enclosed in the form of a cheque or Money Order- made payable to the City of Saint john. Ci joint des frais de 300 $ sous forme de chdqul ou do mandat -poste libelld a Pordre de The City of Saint John, Signature of Applicant / Signature du Date Signature of the owner must be included. / Lasignature due propridtaire dolt @free inclose. Signature of Owner (if applicable) I signature du propribtaire (s'il y a lieu) Date 214 r qe� r l 0 4 e m t r r `e r t� i b AmCkKKIINDIDIMB �$ 91., Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, December 7, 2009 at 7:00 p.m., by: November 8, 1976 rezoning of the property located ai 187 Golden Grove Road, also identified as PfD No, 55201768, to permit a revised proposal. REASON FOR CHANGE: To permit the construction of an addition to Jnl; existing auto body repair shop. 10 11-11 py"m3rKo 1 Up Modification des conditions impos6es en vertu de Varticle 39, le 8 novembre 1976, relativement au rezonage de la propri6t6 situ6e au 187, chemin Golden Grove, et portant le NID 55201768, pour permettre la pr6sentation d'une proposition rdvisde. 109,101ill" r I "1, 10`110 crmetffe la U li LIIU UUJUIIGLI - . JlrgR. . Aief Aw RR * 4-IM%Wff,(ew Written objections to the amendment may be sent to the undersigned at City Hall, 658-2862 216 Veuillez faire part de vos objections au projet de modifiCati0D par 6crit A I'attention du soussign6 A I'h6tel de ville. Elizabeth Gon-nley, Greffi6re communale 658-2862 City of Saint John INTERNAL INSERTION ORDER r_. a....w___..� ��� ao�. � ..�� � ��oa0000000000000000000000000a. o00000000000000000000000000000000000000000 For City of Saint John use only: Budget Number: 110 0801 442 2010 i J Department: Common Clerk's Office (Account # 71 Contact: Elizabeth G( Phone: (506) 658 -2862 Special Instructions (if any): Reference: 187 Golden Grove Road Newspaper Fax: (506 674-4214 Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, November 10, 2009 Tuesday, December 1, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 217 PUBLIC NOTICE AVIS PUBLIC Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday, December 7, 2009 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the November 8, 1976 rezoning of the property located at 187 Golden Grove Road, also identified as PID No. 55201768, to permit a revised proposal. REASON FOR CHANGE: To permit the construction of an addition to the existing auto body repair shop. The proposed amendment may be inspected by 'any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 218 Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'examiner une proposition lors de la reunion ordinaire qui se tiendra dans la salle du Conseil le lundi 7 decembre 2009 a 19 h en app ortant les modifications suivantes : Modification des conditions imposees en vertu de Particle 39, le 8 novembre 1976, relativement au rezonage de la propriete situee au 187, chemin Golden Grove, et portant le NID 55201768, pour permettre la presentation d'une proposition revisee. RAISON DE LA MODIFICATION: Permettre la construction d'une adjonction a 1'atelier de reparation de carrosseries d'automobiles existant. Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au bureau de Purbanisme et du developpement a 1'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a Pattention du soussigne a 116tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 December 2, 2009 Your Worship and Councillors: SUBJECT: Section 39 Amendment 187 Golden Grove Road On November 9, 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 December 1, 2009 meeting. Mr. Scott Trites, the applicant, was in attendance at the meeting and expressed agreement with the recommendation in the staff report. No one else appeared for or against the application and no letters were received with regards to the application. After considering the report and comments made by the applicant, the Committee adopted the staff recommendation. RECOMMENDATION: That Common Council amend the Section 39 conditions imposed on the November 8, 1976 rezoning of the property located at 187 Golden Grove Road, also identified as PID Number 55201768, to permit the constriction of an approximately 12.2 -metre by 14.6 metre addition to the rear of the existing body shop, subject to the following additional conditions: a) The proponent must upgrade the landscaped areas along the street frontages of the site, in accordance with the detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. b) The proponent must repave the vehicular entrance to the subject site to ensure that the surface is evenly paved and presentable. c) All work required in conditions (a) and (b) must be completed within one year of approval of the building permit for the proposed addition to the body shop. 219 Respectfully submitted, Stephen Horgan Chairman JK Project No. 09 -418 -2- 220 DATE: NOVEMBER 27, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 1, 2009 Jody Kliffer Planner SUBJECT: Name of Applicant: Scott Trites Name of Owner: Scott's Auto Body and Collision Inc. Location: 187 Golden Grove Road PID: 55201768 Municipal Plan: Approved Light Industrial Development Zoning: "I -1" Light Industrial Proposal: To constrict a 12.2 metre by 14.6 metre addition to the rear of the existing auto body shop to be used as a paint booth. Type of Application: Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee with respect to the proposed Section 39 amendment. Common Council will consider the Committee's recommendation at a public hearing on Monday, December 7, 2009. 221 Scott's Auto Bodv and Collision Inc. 187 Golden Grove Road STAFF RECOMMENDATION TO COMMITTEE: Page 2 November 27, 2009 That Common Council amend the Section 39 conditions imposed on the November 8, 1976 rezoning of the property located at 187 Golden Grove Road, also identified as PID Number 55201768, to permit the constriction of an approximately 12.2 -metre by 14.6 metre addition to the rear of the existing body shop, subject to the following additional conditions: a) The proponent must upgrade the landscaped areas along the street frontages of the site, in accordance with the detailed landscaping plan, to be prepared by the proponent and subject to the approval of the Development Officer. b) The proponent must repave the vehicular entrance to the subject site to ensure that the surface is evenly paved and presentable. c) All work required in conditions (a) and (b) must be completed within one year of approval of the building permit for the proposed addition to the body shop. BACKGROUND: In 1976, Common Council amended the Municipal Plan and rezoned the entire property at 185 -187 Golden Grove Road from "RS -2" One and Two Family Suburban Residential to "I -1" Light Industrial to permit the operation of an auto body shop. The rezoning was subject to Section 39 conditions relating to the operation of the shop and the development of the site. As a result of the rezoning, the existing dwelling at 185 Golden Grove Road became a non - conforming use. In 1979, Common Council approved a Section 39 amendment to permit an expansion of the auto body shop. In January of 1981, Common Council amended the Municipal Plan designation and zoning for 185 Golden Grove Road from Light Industrial back to Low Density Residential and from "I -1" Light Industrial to "RS -2" One and Two Family Suburban Residential in order to permit an addition to the existing dwelling at 185 Golden Grove Road. In June of 1984, Common Council amended the Section 39 conditions to permit a three square metre (32 square foot) fascia sign to be placed on the auto body shop and advised the previous owner to remove an existing freestanding sign from the property. On May 20, 2009, the Planning Advisory Committee approved an amended subdivision plan that allowed the owner to sell the auto body shop pertaining to the "I -1" Light Industrial zone, and maintain ownership of the adjacent residential dwelling at 185 Golden Grove Road. However, the Committee and Council denied the applicant's request for a Municipal Plan amendment and rezoning, which were made in effort to include a five -bay garage that is located on the residential lot as part of the sale of the auto body shop. A fence separating the two properties to ensure that the garage would not be used as a part of the operations of the auto body shop was added as a condition by the Committee to the approval of the subdivision of the property. 222 Scott's Auto Bodv and Collision Inc. 187 Golden Grove Road INPUT FROM OTHER SOURCES: Page 3 November 27, 2009 Municipal Operations and Engineering has no concerns with this application. Buildings and Inspection Services has no concerns regarding the property conditions being amended. Any Building Code issues will be dealt with during the permit process. Maritimes & Northeast Pipeline has no concerns with this application. ANALYSIS: Subiect Site and Neighbourhood The subject site is located on the north side of Golden Grove Road at the intersection with Roxbury Drive and Westmorland Road in the Glen Park area of East Saint John. The subject site is zoned "I -1" Light Industrial, and has an area of approximately 2,200 square metres (23,680 square feet). It currently contains an auto body shop, which has been operating at the same location since the mid- 1970s. The site is poorly landscaped, with various objects strewn throughout the rear yard of the property, and the paved entrance to the shop containing several potholes and a generally unlevel surface. The surrounding area contains a variety of residential zones, ranging from "RS -1" One and Two Family Suburban Residential and "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential. Proposal The applicant recently purchased the site and is proposing to constrict a 12.2 metre (40 foot) by 14.6 metre (48 foot) addition to the existing auto body shop. The extension would be used primarily as an area to paint and clean vehicles, which enables the applicant to enhance the range of services offered to potential customers. The proposed extension to the existing auto body shop satisfies the zone standards outlined in the "I -1" Light Industrial section of the Zoning By -law. However, considering the establishment of the proposed addition will require significant cleanup and constriction in the rear of the property, the applicant should simultaneously commit to improving the aesthetics of the entire site. Enhancing the landscaping along the front property line, and fixing the portions of the paved surface that currently contain potholes and several loose rocks that make the front area of the subject site unsightly and dangerous for pedestrians is highly recommended. Considering the light industrial use of the auto body shop is situated in a residential neighbourhood, maintaining an attractively landscaped and properly paved lot is imperative to maintain the character of the community. Allowing a light industrial use, such as an auto body shop, that maintains an unsightly property could have negative impacts on the surrounding property values and compromise the safety of pedestrians entering the subject site. The applicant has expressed great interest in making several repairs to the building and property to improve the general appearance of the site. Staff is of the opinion that these efforts should include proper landscaping and paving. 223 Scott's Auto Bodv and Collision Inc. 187 Golden Grove Road CONCLUSION: Page 4 November 27, 2009 An auto body shop has been an established use at the above address since the mid- 1970s. The proposal to constrict an addition to the existing shop to provide a painting and cleaning area for vehicles is an acceptable extension to the services currently offered at Scott's Auto Body and Collision. However, considering the aesthetic condition of the subject site, which is located in a residential neighbourhood, proper landscaping and an improved paved surface should be included in the plans to enhance the current business. JK Project No. 09 -418 224 P10 a-k 15 F tt t. Application for a Zoning By -law Amendment Demande de modification ii Parrett sur le zonage Applicant Related Information / Renseignemeuts sur le demandeur -, Name of AWlicant 1 Nom du demandeiff ._ /L Mail - il�ng Address of applicant / Addresse postale du demandeur O 1 Postal code / code postal S Telephone Number I Ntrmfro de telephone _ � 5 Home 1 Domicile t// Fax Number I Numbeo de telecopieur Work I Travail Name of Property 0 (if di$erem) / Nom du propri&aire (si differ) %� I1 -�(I `( YIFE1 EVE,I..D�PM .4, L—TD Address/ Adresse 1 ` C)mO �, �. � Postal Code /Code postal 2Z-- \ Lga Property information / Renseignements sur fa proprijtj- Location 1 Emplace m ent '2.'S IO L H 13552. D JQ I , 55(h99 43y Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot } 2. t)M 2— Street Frontage / Facade sur rue URN E 12 LC)7 Existing Use of Property / Utifisation actuelle de la propri&d LNG Fh M IL`r Municipal Plan land Use Designation Ddsivmon de utilization des terns sur le plan municipal L. p ELI 51 ! ?I AL_ Amendment Requested / Modification demandee Present ZAning / zonage act Wl I l k— 2 I ()NF 4_ —FW n-- M 1 Ly M Cbange Zoning to / Modification du zonage A r' L- I It fop ({ Q NS 1 I % U'%I61NAL an&,or / ou ght) ❑ Text Amendment {indicate particulars) / Modification due texte (indiquez les derails) 228 Development Proposal / Proposition d'aminagement Description of Proposal 1 Description de la proposition M c3 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 informatiort The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Your devez fournir un plan du site b Nchelle illustrant votre proposition. Your pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d',1Ev4ti0n et route aurae forme de raenseignement Le plan doit indiquer les dimensions de la propriJA6 !'emplacement de la totalili des bdrtimentj� des allies, des aires de stationnement des amenagementspaysagers et despanneaux de signalisation. II est important d'indiquer la distance entre les limiter de la propriN et les Wments. r de reasonsns �uvbes amendments should be approved. ! Foumir tout aurae rensei conmrn= votre proposition ti V5 t o b r�-c7 C. Provide any other information about your proposal that would. be helpful. / Foumir tout awe jaLsmgnement c7oncernaat votre Proposition Qui pourraii am uWe. y Signature of Applicant 1 Signaftne du demandeur $400 Application Fee Enclosed I G-jowl les fiais de demande de 40o $ ' 4 I If you are not the owner of the land in question Si vous n'etes pas le proprigtore du terrain en question, please halve the owner sign below. The signature of veuillez obtenir la signature du pmpri�taire Bans la pantie the owner is authorizing this application to proceed ci- essous. La signature du prop 7haire auton=t le for caonsiderabon by Common Council. traitement de ig pr4sente demand¢ pour que cette derniire Signature of Dovaa (if applicable) z toil exa mi *e A3r le conseil communal. Signature due propri4taae (s'il y alien) Date: 229 rw .p. Ma- 230 PROPERTY PRINT VIEW Page 1 of 2 6000SQFT HOME OR POSSIBLE BUSINESS Price: $299,000 MLSO #: 095209 Status: Active PID M. 52 2 0 99 6 34100 31 38 8 2 Legal Descr.: Address: 251 LOCH LOMOND RD City: SAINT JOHN, E2J 1Y6 Side of Road: Elem Schl: Sec. School: Lot Size: 22992 SQFT District: 4 Building Sae: 2072 (X3) Sub -Dist: 410 Water Frontage: Zoning: Exposure: Occupancy: Owner List.Date:15 -OCT -2009 Possession: OPEN Overview Beautiful unique large home offers much. One owner. 7 bedrooms, large living room & dining room, 3 fireplaces (2 with marble trim), beautiful woodwork throughout. This home S property was a show piece when it was built. Zones residential new, but if zoned commercial would be suitable for a variety of business (daycare, special care home or health center). Directions Type: Single Family Heating: Baseboard, Oil Exterior. Brick, Concrete - Poured, Style: 2 Storey, 3 Level Garage Type: Built-In, Door Opener, Double Stone Title to Land: Freehold Water. Municipal Driveway: Double, Paved, Private Property Size: 0.5 -0.99 Acres Sewer: Municipal Prldng Land Features: Cleared, Partially Services: Bus Service, Cable, Electricity, Foundatiord asement: Concrete, Full, Fully Fenced, Sloping 1 Garb Pick -Up, High Speed Finished, Stone, Walkout Terrace Accessible Int.Features: Dining Room, Family AcLe55: Year Round Road Rental Equipm.: Hot Water Tank Room, Famnn-Meln Fl, Access Flooring: Carpet, Ceramic, Finished Basemenk 1BATH (# pieces 1-6) CushienlTilell-ino Hardwood Firs, Laund- BEDROOM 11 3.9X10.6 Main Fl, Recroom, IMASTER BEDROOM 24X19.8 Storage Room FAMILY ROOM 126X18 Ext. Features: Deck, Pool Inground, IBEDROOM 15X10.6 Stomp & Screens OTHER 19X12.10(PLAYRM) Roof: Asphalt Shingle Inclusions Exclusions Bedrooms: 7 Sign: No UFFI: Garage: Yes Gar.Details:2 SINGLE Bathrooms: 211 Lockbox: No PCs: CAR UNDER Rental Income: NO Road: Municipal Survey: No HOUSE Building Age: 42 Waterfront: Water. Waterview: Land Titles: Floor Room Size Floor Room Size MAIN FLOOR KITCHEN 23X20 2ND FLOOR BEDROOM 15X10.6 MAIN FLOOR DINING ROOM 2110X12.9 2ND FLOOR BEDROOM 43.9X10.6 MAIN FLOOR LIVING ROOM 21.10X19.9 2ND FLOOR BEDROOM 13.9X$0.6 MAIN FLOOR FAMILY ROOM 24X19.6 2ND FLOOR BEDROOM 13.9 +X10.6 MAIN FLOOR 1BATH (# pieces 1-6) 8.6X6.3 B4 12ND FLOOR BEDROOM 11 3.9X10.6 2ND FLOOR IMASTER BEDROOM 24X19.8 ILOWER LEVEL FAMILY ROOM 126X18 2ND FLOOR IBEDROOM 15X10.6 ILOWER LEVEL OTHER 19X12.10(PLAYRM) I _ Assessment: $ Taxes: $6573 (2009) Improvements: Mortgagee: Mortg.Rate: Subj.to rif.: Mortg.Amount: i Due Date: Condo Fee: Payment (PI): $ Payment (PIT}:; Mobile/Leased Land F: http:IAA ww. filogixdms. com/ sjnblview _oneldispW"roperty.html ?counter= 39916... 10/25/2009 _ _ T C _ _ e. 7 _ 7_ _ Newspaper 1I Dates Tuesday November 10`h, 2009 And Tuesday December 1 st, 2009 Information r • r (Boldface anything you Bold in Ad, Section Headline: 0 General Notice E Tender Proposal c: Public Notice Sub - Headline (if aaulicable): ll INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale e 4 inn ( iR � AINT JOH N Telephone; (506) 658 -2862 RO. Box 1971 Saint John, NB Canada E2L 4L1 1� ��� I C.P. 1971 Saint John, NA. Canada EA 4L1 232 AMENDMENT Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, December 7, 2009 at 7:00 p.., by: Rezoning a parcel of land with an area of approximately 2130 square metres, located at 251 Loch Lomond Road, also identified as PID Nos. 00313882 and 55099634, from "R-2" One and Two Family Residential to 46IL. -1" Neighbourhood Institutional. REASON FOR CHANGE: To permit a special care home for senior citizens. 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 430 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. r LE ZO'LJ.4,.GE Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du Conseil le lundi 7 deeembre 2009 a 19 h : Rezonage dune parcelle de terrain dune superficie d'environ 2 130 metres canes, situde au 251, chemin Loch Lomond, et portant les NID 00313882 et 55099634, de zone residentielle -- habitations unifa iliales et bifamiliales <<R-2)> a quartier a vocation collective « IL -1 >>. RAISON DE LA MODIFICATION. Pennettre un foyer de soins speciaux pour personnes .gees. Toute personne interess& peat examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a I'h6tel de ville au 15, Market Square, Saint John. N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a ('attention du soussigne a I'h6tel de ville. EIizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere communale 658 -2862 658 -2862 233 PUBLIC NOTICE Public Notice is hereby Oven that the Common Councilor The city of Saint John intends to consider amending The City of Saint John Zoning By-law at its rtgularmecting to be held in the Council Chamber on Monday, December 7,2009 at 7:00 pm., by: Rezoning a parcel of land with an area of approximately 2130 square rI located at 251 Loch Lomond Road, also identified as PID Nos. 00313882 and 55M34, from "R-2" One and Two Family Residential to "11,1" Neighbourhootl Institutional, REASON FOR CHANGE; To permit a special care home for senior citizens. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 pm., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 AVIS PUBLIC Par les pr6sentes, unavispublic est donne par lcquel le conscil communal de The City of Saint John indique son intention d1tudier la modification suivarte 1 l' '16 sur le zonage de The City of Saint John, lors de ]a reunion ordiraire qui se tiendra dans Is salic du conseil le I 7 dicembre 2009 6 19 h: Razonage Want parcelle de terrain dune superficle d'cnviron 2 130 metres carrfs, situ6c au 251, chemin Loch Lomond, el portant les; NID 00313882 et 55099634, de zone r6sidenflege — habitations undfamillales el bit filial v]R-2k) i quartler i vacation collective K I41 P. RAISON DE LA MODIFICATION: Permettre un foyer de soins spI pour personnes igbes. Toute personne int6rcssic peal examiner le projet de modification au bureau du greffier communal on an bureau de l'urbanisme et du d6veloppement i l'h6tcl de ville an 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 It 30 du lundi an vendrtdi, sauf les jours f6dis. WWI faire parvcnir vos objections an projet de modification par 6cTit 1 ]'attention do soussigrI I 116tel de ville. Elizabelh Gormley, Greffilre communalc 658-2862 20250 234 BY -LAW NUMBER C.P.110- A LAW 'TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council. convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 2130 square metres, located at 251 Loch Lomond. Road, also identified as PID numbers 00313882 and 55099634, from "R -2" One and Two Family Residential to "IL-l" Neighbourhood Institutional - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor /Maire ARRETE No C. P. I10- ARRtTE MODIFIANT L'ARRETE SUR LE Z+ONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a deerete cc qui writ : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de l'annexe «A», Plan de nonage de The City of Saint John, permettant de modifier .la designation pour une parcelle de terrain d'une superficie d'environ 2 130 metres carres, situee an 251, chemin Loch Lomond, et portant les NTD 00313882 et 55099634, de zone residentielle — habitations unifamiliales et bifamiliales «R -2» a quartier a vocation collective «IL -1 » - toutes les modifications sont indiquees sur le plan ci -joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, aver les signatures suivantes Common Clerk/Greffierc communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - December 3, 2009 Your Worship and Councillors: SUBJECT: Rezoning - 251 Loch Lomond Road On November 9, 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 December 1, 2009 meeting. Sandra Ferris and Laura Saunders (the applicants) attended the meeting and indicated that they were in agreement with the staff report and its recommendations. No one else appeared before the Committee in respect of the application and no letters were received. After taking into consideration staff s report and the comments made by the applicant, the Committee adopted the recommendation in the Staff Report: RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 2,130 square metres, located at 251 Loch Lomond Road, also identified as being PID Nos. 00313882 and 55099634, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional. 2. That pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,130 square metres located at 251 Loch Lomond Road, also identified at PID Nos. 00313882 and 55099634, be subject to the following conditions: a. The use of the property is restricted to a group care facility for up to 12 senior citizens only. Respectfidly submitted, Stephen Horgan Chairman NG Project No. 09 -259 236 DATE: NOVEMBER 27, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 1, 2009 Nayan Gandhi, MCIP, RPP Planner SUBJECT: Name of Applicants: Sandra Ferris and Laura Saunders Name of Owners: Bayview Developments Ltd. and Gerald J Ryan Ltd. Location: 251 Loch Lomond Road PID: 00313882 and 55099634 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: "IL -1" Neighbourhood Institutional Proposal: To convert the existing dwelling into a senior citizen group care home for up to 12 residents. Type of Application: Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, December 7, 2009. 237 Ms. Sandra Ferris and Laura Saunders 251 Loch Lomond Road STAFF RECOMMENDATION TO COMMITTEE: Page 2 November 27, 2009 1. That Common Council rezone a parcel of land with an area of approximately 2,130 square metres, located at 251 Loch Lomond Road, also identified as being PID Nos. 00313882 and 55099634, from "R -2" to "IL -1 ". 2. That pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 2,130 square metres located at 251 Loch Lomond Road, also identified at PID Nos. 00313882 and 55099634, be subject to the following conditions: a. The use of the property is restricted to a group care facility for up to 12 senior citizens only. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments: From the application documentation there does not appear to be any servicing or driveway alterations and parking is to be provided for on -site. As well, there does not appear to be any site modifications. A City approved water meter is required by the applicant for a business. Buildings and Inspection Services has no objection to the proposal. Saint John Fire Department has no objection to this application. It must be noted, however, that the plan requires the approval of the Department of Social Development. The plans also are required to be submitted to the Fire Marshall's Office for approval of life safety items like an approved fire alarm, sprinkler system etc. Saint John Energy has no objections to this proposal. Aliant has no objections to this proposal. N.B. Department of Social Development has been advised of this application. Rogers has been advised of this application. Maritimes & Northeast Pipeline has been advised of this application. Enbridge Gas has been advised of this application. Brunswick Pipelines has been advised of this application. 238 Ms. Sandra Ferris and Laura Saunders 251 Loch Lomond Road ANALYSIS: Page 3 November 27, 2009 Site and Surroundings The subject site is located directly off Loch Lomond Road at the corner of that Road and Linda Court in East Saint John (see location map). It is composed of a large dwelling located in the centre of a relatively rectangular lot. The lot's area is approximately 2,130 square metres (22,927.1 square feet), measuring 33.6 metres by 63.8 metres (110.9 feet by 209.3 feet). It is primarily landscaped, with a pool located at the rear of the property, along with two driveways: one located off Loch Lomond Road and stretching some 33.6 metres (110.9 feet) back into the property (and then turning onto the neighbouring property); and a second small driveway located off Linda Court and used to access the garage. The remaining part of the property is landscaped. This area of Loch Lomond Road contains a mix of dwellings. Along Loch Lomond Road, there are a number of older residential dwellings. The neighbouring property is a group home (255 Loch Lomond Road) (permitted in the R -2 zone), and the property located across Linda Court from the subject property has been converted to local medical offices (243 Loch Lomond Road). The properties are zoned "R -2" One and Two Family Residential. A number of multi -unit apartment buildings are situated along Linda Court, and a number of vacant lots are also located along the Court which could also accommodate additional apartment buildings. This area is zoned "RM -1" Three Storey Multiple Residential. In the immediate vicinity of the subject property is the Saint John Transit Operations Centre, as well as local businesses (a bar and a take -out restaurant) along Loch Lomond, as well as Loch Lomond Place (formerly Loch Lomond Mall), which now houses office space as well as a pool hall and a restaurant. The Loch Lomond Villa, a high- density senior citizen care home, and other rental apartments are located along Ellerdale Street. The high frequency No. 3 -4 Hospital/UNB to McAllister Place bus route traverses along MacDonald Street in front of the former Mall, turning away from the subject property at Loch Lomond Road, but again coming close to the property along Ellerdale Street. In the wider area, there is significant residential development north, west and south -west of the subject property. To the south -east is land associated with a utility corridor, and beyond that, the oil refinery. Proposal The applicant is proposing to convert the existing dwelling into a senior citizen group care home for up to 12 residents, who would share common facilities (see enclosed plans). Care would be available 24 hours -a -day to residents, and the applicant indicates that they are licensed by the Province. Allunicipal Plait Direction The subject site and surrounding area are designated Low Density Residential by the Municipal Plan. The Plan's policies for low density residential areas provide for a wide range of housing, so long as the density does not exceed 37 dwellings per hectare. Loch Lomond Road is designated an Arterial Road, and Loch Lomond Place is designated a `District Centre' in the Municipal Plan. The latter designation, however, appears to be dated given that all key 239 Ms. Sandra Ferris and Laura Saunders 251 Loch Lomond Road Page 4 November 27, 2009 facilities which were offered from this destination (hence resulting in the designation) have since closed and /or have been relocated. In any event, care will be provided at the residence, so immediate access to services is not as necessary. The proposed rezoning is therefore consistent with the Municipal Plan. Proposed Rezoning The applicant proposes to rezone the property from "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional to allow the establishment of the group care facility for senior citizens. The proposed zone permits a number of uses, including a church, community centre, group care facility, senior citizens housing, etc. The key considerations for the proposed use is whether this is the right location for the use, and secondly, whether the site itself has sufficient space to accommodate the necessary requirements for the proposed use (e.g. landscaping and parking space). Each are dealt with in turn below. Location Assessment The subject property is located along a primary road in the City, and is located in close distance to, but not on, a primarily bus route. A number of high intensity developments are located nearby. As it is a care facility, residents will be provided with all of the care they require. However, if residents would like to leave the facility to access key facilities and destinations, the transit route is nearby which links the site to key destinations e.g. Uptown and McAllister Place Mall), and there is sufficient parking on site which enable any residents with vehicles, as well as staff and visitors, to park. The applicant is seeking to intensify the use of the property, but it may only result in a slightly greater impact on traffic and waste (due to number of occupants of the building) than its current residential use. Bearing -in -mind the properties context, which includes a number of apartment buildings (including a senior citizen care home), it appears intensification would be acceptable and be compatible with its surroundings. Indeed, this would accord with sustainable practices to maximise the use of land and facilities /services. Site Assessment The applicant proposes to convert the existing building, and as such, property dimensions are not specifically considered as part of the rezoning. That said, they can act as a guide to whether the property can accommodate the proposed use. The property meets the lot area, parking and landscaped space requirements. The parking requirement for group care facilities is based on the number of bed proposed, which in this case is 12 (for 12 residents). The requirement is 1 space per 6 beds, for a total of 2 spaces required on site'. More than enough space is provided on site for the parking requirement, and no modifications are required. ' In the letter sent out to neighbours, staff inadvertently indicated that 7 spaces would be required. In any event the letter indicated that sufficient space was provided for the parldng requirement, if the greater figiue was applicable. 240 Ms. Sandra Ferris and Laura Saunders 251 Loch Lomond Road Page 5 November 27, 2009 The property is located within the built up area of the City, and the intensification of the property is desirable as it would seek to maximise the use of the land. Furthermore, staff accepts that the property is of a size to accommodate the proposed use, as it meets spatial and parking requirements of the Zoning By -law. Given the IL -1 zone permits a number of different uses, which may have greater impacts that the proposed use (e.g. a church), a Section 39 condition should be imposed restricted the use to a group care facility for up to 12 senior citizens, as proposed by the applicant. CONCLUSION: That the proposed rezoning is approved subject to the recommended condition. NG Project No. 09 -419 241 0 ewr Yon, ............... 14 0 ewr Yon, ............... VIA C.)c W t c a AO inn) e ry JY on 1 -'4 dry lk� a 1 111�1'4 I'D > 10, kw 17T... Jca em dry lk� a 1 111�1'4 I'D 10, kw ^-IJICIIO IIA X246 rl,,%$ —7.0-77 ^4 41 4 W, Iv i�� � .,.n � �� ,.. Wes`.. QVI ft 4J ^-IJICIIO IIA X246 rl,,%$ —7.0-77 ^4 41 4 W, Iv i�� � .,.n � �� ,.. Wes`.. li {b r December 3, 2009 His Worship Mayor Court And Members of Common Council: At a meeting of Common Council held on November 23, 2009, Council adopted a resolution whereby The City of Saint John entered into a Lease of Space at the City Market with A Whale of a Cafe Inc. The "City Market By- Law ", whereby section 5(2) is amended to add following Section 5(2)(p) Section 5(3)(q) Stall D, has been prepared and Council may choose to give 1St and 2nd reading. Sincerely, Jonathan Taylor Assistant Common Clerk e.- SAINT JOHN RO. Box 1971 Saint John, SIB Canada E2L 4L1 I www.saintjohn.ca I C.R 1971 Saint John, ICJ. -B. Canada E2L 4L1 247 BY -LAW NUMBER C -1 A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The Citv of Saint John as follows: A By -law of the Citv of Saint John entitled "A By -law Relating to the Market In The City of Saint John ", enacted on the 18 "' day of May, A.D. 2005 is hereby amended as follows: 1 Amending Section 5(2) by adding the following immediately after subsection 5(2)p: 5(2)q (1) Stall D IN WITNESS WHEREOF The City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the 23 day of Nov. A.D. 2009 and signed by: Mavor/Maire ARRETE NUMERO C -1 ARRETE CONCERNANT LE MARCHE DE THE CITY OF SAINT JOHN Le conseil communal de The Citv of Saint John edicte: L'arrete intitule "Arrete concernant le marche de The City of Saint John" decrete le 18 mai 2005, est modifie comme suit: 1 La modification du paragraphe 5(2) par Fadjonctin de ce qui suit immediatement apres Falinea 5(2)p:5(2)q (1) Mosque D EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 23 Nov. 2009, avec les signatures suivanted: Common Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuiieme lecture - Third Reading - Troisieme lecture - 248 � 0 , BY-LAW NUMBER C.P. 110-128 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D, 2005, is amended by: 1 Amending Schedule ­A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 730 square metres, located at 347-351 Main Street, also identified as PID number 55180608, from "BR'* Business Residential to "B-2" General Business 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: Mayor/Maire ARRtTP No C.P. 110-128 ARRftf, MODIFIANT VARRfA SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du consell communal, The City of Saint John a d6cr&t& ce qui suit : L'arr&6 sur le nonage de The City of Saint John, d6cr6t& le dix-neuf (19) d6cembre 2005, est modifi& par: 1 La modification de I'annexe <<A>>, Plan de nonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'unc superficie d'environ 730 metres carr6s, situ6e au 347- 351, rue Main, et portant le NID 55180608, de zone commerciale r6sidentielle << BR» A zone commerciale g6n6rale o B-2 >> conforni6ment A une resolution adopt&e par le conscil municipal en vertu de I'article 39 de ]a Loi sur l'urbanisme. - 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 arr&t& le 2009, aver les signatures suivantes Common Clerk/Greffl&re communale First Reading - November 23`d 2009 Premi&re lecture - le 23 novembre 2009 Second Reading - November 23rd,2009 Deuxi&me lecture - le 23 novembre 2009 Third Reading - Troisiemc lecture - PLANNING AND DEVELOPMENT URBANISME ET DPVELOPPEMENT VEZONING REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe (<A)> de IArr6t6 de zonage de The City of Saint John I' tj 0. 44 I i 11 wxi711J11_ BIR Business Residential Zone commerciale r6sidentielle TO/A B-2 General Business Zone commerciale g6n6rale Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adopt6e par le conseil municipal en vertu de W I'article 39 de la Loi sur Furbanisme Applicant- Anron Inc. Location: 347-351 rue Main Street PID(s)/NIP(s) 55180608 06N88SW q SECTION 39 CONDITIONS — 347-351 MAIN STREET Pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 73Dsquare metres, located at 347-351 Main Street, also identified as P|D number 5518Q6O8,be subject to the following conditions: a. The use of the basement level of the building shall be restricted to residential storage and/or storage of non-flammable flooring materials for the adjacent retail store at 240 Metcalf Street. 251 BY -LAW NUMBER C.P. 110 -127 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. I10- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a. 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 3340 square metres, located at 29 -47 Sewell Street and 69 -75 Dorchester Street, also identified as PID Numbers 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 and 00038604, from "RM -1" Three Storey Multiple Residential to *'B -2" General Business. - all as shown on the plan attached hereto and forming pant 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 decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifxe par: I La modification de l'annexe «A», Plan de nonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superficie d'ciiviron 3 340 metres caries, situee au 29- 47, rue Sewell et 69 -75, rue Dorchester, et portant les NID 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 et 00038604, de zone d'edifices a logeents multiples de trois etages «RM -1 >> a zone commerciale g6nerale o B -2 ». - toutes les modifications sent indiquees sur le plan ci joint et font pantie du present arrete. EN F01 DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading November 23",2009 Premiere lecture - le 23 novembre 2009 Second Reading - November 23 ',2009 Deuxieme lecture - le 23 novembre 2009 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT 1 URBANISME ET D�VELOPPEMENT REZONING d REZON AGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe (<A)) de I'Arr6t6 de nonage de The City of Saint John RM-1 13-2 Three Storey Multiple Residential 1 ME General Business Zone d'6difices b logements multiples Zone commerciale g6n6rale de trois stages Applicant: Saint John Parking Commission Location: 69 & 75 rue Dorchester Street and/et 29, 33, 35, 37, 39, 43, 45 & 47 rue Sewell Street PID(s)/NIP(s) 00039685, 00039677, 00038588, 00038596, 00039768, 00039776, 00039784 & 00038604 06N88NE December 7, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Issue: West Saint John |nfd|Remme6iationChallenges Context There are u number of new and old properties in West Saint John that have a questionable appearance to them due to materials that have been utilized for infill stabilization. Although I am a strong supporter of residential growth we must also be strong supporters of 'responxib|e' residential growth. Several citizens have raised this development concern to me. The 'environmental look' of these new properties is not positive due to the materials used and the state of the property after the development is completed. Remediation of these infill sites must be examined —especially with respect to the responsibility of the 'deelopec' Motion: That through the Acting City Manager staff report back to Council by January 15, 2010 with respect to existing policy or proposed new policy in order to rectify the challenge of the questionable appearance uf residential lnfN|sites. Respect fully su�b�ii'ttecl, Peter McGuire Councillor — City of Saint John e.. SAINT JOHN Rl Box 1971 Saint John, NB Canada BL4L1| wwwsaintjohn.ca �C.R 1971 Saint John, N�Canada E2L 4L1 December 7,2009 Your Worship Mayor|vanGumrt6k Members of Common Council: Issue: Lmrnen|Ne and new Municipal Plan for the City of Saint John Context: My advocacy is to raise the consciousness of those who will be leading the development of the City of Saint John's new Municipal Plan with respect to the area of Lorneville. This area has significant potential to enhance its overall quality oflife through its involvement in the development of our new Municipal Plan, it will be critical to engage citizens from this area nf our City. It is an area with a number of unique challenges which include: a Safe passage within the neighbourhood; 0 Zoning uncertainty; 0 An historical sense of not being engaged by The City of Saint John; 0 Living in the shadow of an Industrial Park. From avery positive lens, Mr. Tim [/ReiXly, Manager of Pedestrian & Traffic Services, municipal Operations, has been actively involved with the leadership from Lorneville in examining the issue of 'safe passage.' VVe need 10 build on his efforts. Motion: That this report hm received for information. Councillor — City of Saint John @.- � � ---- ---- ........................ . | | SAINT JOHN ��B�l�S���N8���L�/ /[Pl971 Saint John, m�Canada E21- 4L1 255 December 7, 200 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Intelligence Lead Policing Context: As a member of the Police Commission I had the opportunity to hear a presentation by Senior Saint John Police Department Officials regarding the above topic. This was an extremely informative examination of how intelligence lead policing is 'significantly' reducing crime in our City. I feel this presentation to Council would give Councillors new knowledge and insight into the scientific and sophisticated workings of our Police Force. | feel 'Ward' Councillors would gain new positive data about their areas with respect to crime reduction. Motion: That the Common Clerk's Office schedule a presentation from Senior Saint John Police Department Officials on the topic of Intelligence Lead Policing Peter McGuire Councillor — City of Saint John Q4`1-- 1-1- ................ . ....... ....... ..... SAINT JOHN RlBox 1971 Saint John, NB Canada E2L 41-1| www.saintjohn.ca |CA 1971 Saint John, N.-B. Canada E2L 4LI 12/3/2009 Your Worship ]van Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion, The City Manager negotiates with The ONE Change for the operation of the North End Community Centre. ONE Change has partnered with the city and the NECC for six years. Working in partnership has been very successful for the residents of the Old North End. ONE Change has continued to expand its very sUCCeSSfUl youth programming to include seniors programming, community events. and educational programs through a community computer Z-- access centre. Why license the NECC to ONE Change and not.just continue the partnership? ONE Change programs have grown beyond the space at the Community Police Office and are taking up more of the program time at the NECC already. When NECC programs conclude for the year, ONE Change programs are 12 months a year. A NECC operated by ONE Change would be a 12 month. operation. ONE Change has proven an effective model in reducing crime. The Saint John Police Force has provided summer statistics for the past seven years that have shown drops in calls to service for 5 of the six summers the ONE Change programs have operated. After 6 years of summer programming the calls to service for the SJPF are approximately 55% of what they were in the summer before ONE Change was born. Savings for the City Budget. One of the reasons that ONE Change operates the Youth program in the summers is because as a registered charity, There are grants available to the organization Ct are not available to the municipality (ie. Government Summer Student grants, Greater Saint . .... .......... ------ ---- .......... . .. SAINT JOHN RCS. Box 1971 Saint john, NB Canada E2L4L1 I www.saintjohn.ca I C.R 1971 Saint john, N.-B. Canada E2L4L1 257 John Community Foundation grants, etc.) ONE Change is also a mix of staff and volunteers that helps it to be economical. While ONE Change would require an operating grant in order to run the NECC, I am confident that the amount of the operating grant will be less than the City's current operating expenditure at the Centre. Respectfully Submitted Gary Sullivan 258 Your Worship Ivan Court Members u[ Common Council City of Saint John Dear Mayor Court and Members VƒCouncil Motion: That the City establish am exemption permit program allowing residents without access to off street parking to apply for a registered tag that will allow them on-street parking during the winter ban when there is no snow or when plowing has been completed. Further, the permit program will include a notification protocol so that Operations can require compliance with the ban in anticipation mfan upcoming storm. Making Saint John o livable city during the winter requires efficient and effective clearing of snow from our streets. Enforcing the bylaw requiring those with off-street parking to use their own available parking makes perfect sense. Unfortunately there are unique situations outside of the exemption zones where residents are now faced with the choice of moving from their homes or selling their vehicles. The granting of an exemption permit that requires an electronic contact method (email, twitter, voicemoaiDfor ban information would allow these residents to remain in their homes while also keeping thestreetsdearvvhenneoessary — dorUnAstorrns. Permit holders would be required, upon notice ofan impending snow event, tm have their vehicles removed from snow ban streets. This policy will ensure that the bylaw will continue 0m achieve its most important aim of ensuring rapid and comprehensive snow clearance during and immediately following an event, while at the same time allowing residents with parking challenges the ability to park near their residence when streets don't need tobecleared. Respectfully Submitted Gary Sullivan | | ­­­- SAINT JOHN RlB�l����������/ /CAl971 Saintjohn,N�Canada E2L4L1 REPORT TO COMMON COUNCIL Your Worship and Members of Council, SUBJECT: DRINKING WATER QUALITY — TRIHALOMETHANES (THMS) BACKGROUND Trihalomethanes (THMs) are a group of compounds that form when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter in the water (microscopic particles of decaying vegetation and other organic matter). Because of potential health effects, these disinfection by- products in drinking water are regulated. The Guidelines for Canadian Drinking Water Quality (GCDWQ) include a guideline statement on trihalomethanes, updated in April 2009: Trihalomethanesl The maximum acceptable concentration (MAC) for trihalomethanes (THMs) in drinking crater is 0.100 mg L (100pg L) based on a locational running annual average of a minimum of quarterly samples taken at the point to the distribution system with the highest potential THM levels. Utilities should make every effort to maintain concentrations as low as reasonably achievable without compromising the effectiveness of disinfection. For more than 100 years, chlorine has been the most commonly used drinking water disinfectant; Saint John began chlorinating its potable water in the 1930s. Disinfection is necessary to neutralize microorganisms that can cause serious and life - threatening diseases, such as cholera and typhoid fever. It is well established that the benefits of chlorinating drinking water far outweigh health risks associated with THMs or other disinfection by- products (DBPs). Part of the sampling plan for Saint John, approved by the New Brunswick Department of Health under the Clean Water Act, is testing for a large number of organic compounds (carbon- containing compounds derived from living organisms). 1 Guidelines for^ Canadian Dr^iriblig iT ater Qualio); Guideline. Technical Doculnent: Trilialonethianes — Addendzunu — April 2009 Our Business is Your Water / Votre eau, c'est notre affaire 260 ° M & C 2009 - 394 � °" December 2, 2009 His Worship Mayor Ivan Court The r� y ti, f S "dj.a 011n, and Members of Common Council Your Worship and Members of Council, SUBJECT: DRINKING WATER QUALITY — TRIHALOMETHANES (THMS) BACKGROUND Trihalomethanes (THMs) are a group of compounds that form when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter in the water (microscopic particles of decaying vegetation and other organic matter). Because of potential health effects, these disinfection by- products in drinking water are regulated. The Guidelines for Canadian Drinking Water Quality (GCDWQ) include a guideline statement on trihalomethanes, updated in April 2009: Trihalomethanesl The maximum acceptable concentration (MAC) for trihalomethanes (THMs) in drinking crater is 0.100 mg L (100pg L) based on a locational running annual average of a minimum of quarterly samples taken at the point to the distribution system with the highest potential THM levels. Utilities should make every effort to maintain concentrations as low as reasonably achievable without compromising the effectiveness of disinfection. For more than 100 years, chlorine has been the most commonly used drinking water disinfectant; Saint John began chlorinating its potable water in the 1930s. Disinfection is necessary to neutralize microorganisms that can cause serious and life - threatening diseases, such as cholera and typhoid fever. It is well established that the benefits of chlorinating drinking water far outweigh health risks associated with THMs or other disinfection by- products (DBPs). Part of the sampling plan for Saint John, approved by the New Brunswick Department of Health under the Clean Water Act, is testing for a large number of organic compounds (carbon- containing compounds derived from living organisms). 1 Guidelines for^ Canadian Dr^iriblig iT ater Qualio); Guideline. Technical Doculnent: Trilialonethianes — Addendzunu — April 2009 Our Business is Your Water / Votre eau, c'est notre affaire 260 h i • kecernber 2009 Page Test samples for THMs are taken four times per year (3 -month cycle) from 18 locations in the distribution system. These locations are selected as sampling sites because they are points in the system with the highest potential for elevated THM levels. Purpose of Report This report is to inform Council and the public of recent drinking water sample results; the running annual average at three locations in West Saint John exceeded Health Canada guideline for total trihalomethanes. ANALYSIS THM Sampling Results (2009) Test results for THMs (µg /L) at the designated sampling locations are as shown below. Two sites involve raw source water, two are for wells in the Harbourview Subdivision, and one location (University Avenue) is not part of the official sampling plan. Location Jan Apr Jul Oct Average 175 Rothesav Avenue 29 30 69 60 47 36 Park Drive 44 42 80 69 59 37 Fish Hatchery Road Main 1 20 15 37 30 26 Latimore Lake - Raw Water 0 0 0 0 0 2 Whitebone Wav 67 65 76 110 80 103 Ocean Drive - Well 0 0 0 3 1 Seaward Crescent - Well 0 0 0 0 0 Spruce Lake - Raw Water 0 0 0 0 0 320 King William Road 64 53 170 110 99 1490 Manawagonish Road 48 35 150 180 103 414 Bay Street 63 47 160 200 118 31 Green Head Road 49 36 170 100 89 120 Market Place West 56 43 72 57 57 3 0 1 Mill Road n/a n/a 55 45 50 399 University Avenue ( *not in Plan) 37 37 79 57 53 1240 Kennebecasis Drive 63 43 94 110 78 700 Woodward Avenue 40 63 100 110 78 37 Fish Hatchery Road Main 2 19 16 40 31 27 658 Dunn Avenue 73 66 170 120 107 Our , 261 h i NUMMUM • Water Quality Sampling - Trihalomethanes kecember Page In accordance with the City's Approval to Operate its drinking water distribution and treatment facilities, a full range of bacteriological, inorganic and organic tests are carried out in accordance with an Approved Sampling Plan issued by the Province of New Brunswick. The Plan is approved by the Department of Health; with day -to -day management the responsibility of the Department of Environment. The approach reflects standardization and quality control of sampling information across the province. All information generated is fully and promptly shared among regulators (Health and Environment) and the City. Testing for THMs occurs quarterly (four times per year) at points around the distribution system with the highest potential THM levels. Table 1 (attached) provides a summary of total THM readings for 2005 to 2009. In three of the 15 distribution system sampling locations (excluding raw and well sites), the 2009 running annual average (of four consecutive quarters) indicates counts of 103, 118 and 107 µg /L — above the maximum acceptable concentration (MAC) of 100 µg /L (0.100 mg /L). Drinking Water Disinfection and Formation of THMs Chlorine is used to reduce or eliminate disease - causing microorganisms, such as bacteria and viruses, potentially present in drinking water supplies. For more than a century, the safety of drinking water supplies around the world has been greatly improved by the use of chlorine. It was the failure of Walkerton's chlorination system that led directly to the Ontario tragedy of May 2000. While chlorine provides great benefits, it also reacts chemically with organic matter naturally present in water. Formation of disinfection by- products (DBP) is a complex chemical process; a function of naturally occurring organic precursor concentration and type, chlorine type and dose, contact time (the time chlorine spends interacting with organic material while in the distribution system), water pH and temperature, and bromide ion concentration. THM levels are generally lower in winter than in summer, because of lower temperatures. An important parameter in DBP formation is pH: THM potential increases at high pH and decreases at low pH; whereas the formation of haloacetic acids (HAAS) (the second most common group of DBPs) decreases at high pH and increases at low pH. As such, it is important to maintain balance in water chemistry - some remedial measures applied to minimize THMs could potentially maximize the formation of other DBPs. The critical part played by disinfection in water treatment needs to be emphasized; the health benefits of chlorination are significant. The question is not about eliminating chlorine; the challenge is to achieve an optimal level of usage in combination with a fiull range of safety features to assure drinking water safety. • , . . , , 262 h i NUMMUM • Why the Elevated Levels of THMs? kecember Page Given the multiple variables affecting the formation of disinfection by- products, several factors contribute to the THM levels that have exceeded guidelines. Inability to Remove Organic Precursor Material Minimizing the amount of organic matter that enters the system would greatly reduce the formation potential of disinfection by- products. The reactive nature of dissolved organic carbon (i.e. the type) in our water is a potential contributing factor. Removal of this precursor requires filtration as part a fidl treatment process, including technologies such as coagulation and sedimentation. In some situations, membrane filtration or other technologies such as magnetic ion exchange (MIEX) could be used. Currently, Saint John does not have the capability to remove organic precursor material (root of the problem), let alone optimize the removal process. Chlorine Dose The amount of chlorine used for disinfection needs to be sufficient to first ensure inactivation or elimination of dangerous microorganisms, such as bacteria and viruses, and, secondly, to ensure that a chlorine - residual remains in the water as it travels in the distribution system to the consumer's tap. This small amount of chlorine remaining in the water ensures that microorganisms do not re- contaminate the water after it leaves the treatment plant. Maintaining adequate chlorine residuals is important. The internal condition of water distribution mains, their capacity and configuration, and "time in system" influence the chlorine consumed and, therefore, the chlorine dosage required to maintain an adequate residual. A primary reason for the watermain cleaning and lining program relates to maintaining adequate chlorine residuals. Contact Time The longer the contact time the more time the chlorine has to react with the organic matter in the water. Therefore, oversized mains, dead ends and areas of low usage allow the water to "age" before being consumed. This "aging" extends the contact time for the chemical reactions to take place and form THMs and other DBPs. Water Ph THM formation increases at high pH and decreases at low pH; whereas the formation of HAAS decreases at high pH and increases at low pH. Water Temperature In 2007, when THM levels previously exceeded guideline values, the water temperature of our water sources had reached new historical highs: 22.6 0C at Spruce Lake and 23.9 0C at Latimer Lake. During 2009, lake temperature at Spruce Lake exceeded the 2007 high, reaching 24.0 °C. Latimer Lake temperature approached the 2007 high with a reading of 2330C. Given that higher temperatures increase the potential for THM formation, the new high temperature at Spruce Lake contributed to the increased levels of these disinfection by- products. Laboratory Testing Procedures Saint John Water utilizes labs that are accredited to analyze samples as per Health Canada guidelines. • , . . , , 263 h i NUMMUM • Guidelines for Canadian Drinking Water Quality2 kecember Page The Guidelines for Canadian Drinking Water Quality are based on current, published scientific research related to health effects, aesthetic effects, and operational considerations. Health -based guidelines are established on the basis of comprehensive review of known health effects associated with each contaminant, on exposure levels and on the availability of treatment and analytical technologies. Aesthetic effects (e.g., taste, odour) are taken into account when these play a role in determining whether consumers will consider the water drinkable. Operational considerations are factored in when the presence of a substance may interfere with or impair a treatment process or technology (e.g., turbidity interfering with chlorination or UV disinfection) or adversely affect drinking water infrastructure (e.g., corrosion of pipes). Generally, the highest priority guidelines are those for microbiological contaminants as they can cause serious and life threatening illness: Health Canada tirarns that any measure taken to reduce concentrations of chemical contaminants such as disinfection by-products must not compromise the effectiveness of disinfection. The term maximum acceptable concentration (MAC) is used to establish a health - related drinking water standard for contaminants that have known or suspected adverse health effects when above a certain concentration. The length of time the MAC can be exceeded without injury to health depends on the nature and concentration of the parameter. The guideline for THMs represents a level of exposure that is acceptable throughout life and that will not cause an increased risk to health. It takes into account all exposures from drinking water (whether by ingestion, inhalation or dermal absorption). The guideline is measured as a locational running annual average of quarterly samples, because THM levels can vary significantly over time, including seasonally, with factors such as the levels of organic matter in the raw water and temperature. Minimizing THM Formation The key to lowering THMs, HAAS and other disinfection by- products is removal of the organic matter from the water before it is disinfected. Other measures include ongoing testing, chlorination management, watermain cleaning and lining, and system flushing. Chlorination Management Improvements at Latimer Lake The refiurbishment of the Latimer Lake chlorination facility included installation of flow - paced chlorinators; equipment that controls chlorine dosages being injected into the water. This has reduced chlorine usage during low flow periods (for example, overnight). 2 Guidelines for Canadian Drinldng Water Quality, Guideline Technical Document, Tiihalomethanes, Health Canada, Ottawa. May 2006 • 4 . ., , 264 h i MUMMUM MMMIIrjL*JIIU4M1FIIV,N7M%M Watermain Cleaning and Lining Renovations kecember Page i The amount of chlorine used for disinfection needs to ensure that a chlorine - residual remains in the water as it travels in the distribution system to the consumer's tap - to ensure microorganisms do not re- contaminate the water after it leaves the treatment plant. A primary reason for the City's watermain cleaning and lining initiative relates to maintaining adequate chlorine residuals in the distribution system. Clean pipes have a direct and positive impact on the amount of chlorine needed. Since 2006, over 25 kilometres of tuberculated, unlined cast iron pipe has been cleaned and lined. On November 23rd, Council awarded the contract for Phase VI; an additional 4.7 kilometres on the West system. WATEi ALAN CLEANING AND LINING "Beside the fact that the tuberculation build up in water mains can colour the water flowing through and reduce its aesthetic appeal, pipes in this condition also consume the available chlorine residual from the water and release higher than acceptable levels of iron. Testing of water in cast iron mains and at homes /businesses serviced by such piping reveal ... depressed chlorine residuals." Watermain Flushing and Uni- directional Flushing (UDF) Dead -ended watermains can cause water quality problems because of the time water can spend in the pipeline, including loss of chlorine residual, formation of disinfection by- products, bacteria growth, turbidity, metals and debris accumulation. Watermain flushing remains a tool used to help manage water quality — into the foreseeable future. Full Treatment (Filtration) of Drinking Water At the root of this water quality problem is the inability to remove naturally occurring organic matter from the water before it is disinfected with chlorine. Removing DBP pre- cursors from the water before disinfection is the essential solution to addressing THMs. The need for organic precursor removal is recognized in the Action Plan for Safe Clean Drinking Water. Drinking water, essential to life and good health, must be delivered to consumers in a state that is clear, colourless, odourless and free of all disease - causing micro- organisms (pathogens) or harmful chemicals. Currently, water quality (in accordance with the GCDWQ) "treatment" consists of only two very basic steps. The first is coarse screening to prevent such things as rocks, sticks, eels and other fish from entering the water system. This screening, however, it is not capable of removing fine particles or dissolved organic matter. The second step consists of disinfection with either chlorine gas (Latimer Lake) or sodium hypochlorite solution (Spruce Lake). • 4 . . , , 265 MUMMAM MMMIIrjL*JIIU4M1FIIV,N7M%M IVADEP,- The current "treatment" steps are illustrated below. kecember 2, 2009 Page 7 On the other hand, modern water treatment processes involve much, much more - as shown in the next figure; some of these steps remove the naturally occurring organic matter from the water before it is disinfected. Coarse AR/111 ..................... / jam/= 0 . . , 266 h i NUMMUM • FINANCIAL IMPLICATIONS kecember Page Closely monitoring the issue of chlorination disinfection by- products involves operational costs included in the operating budget for Saint John Water. An intensive and ongoing commitment to watermain cleaning and lining will be necessary for some years to come — until all candidate piping has been rehabilitated. The big issue, however, is the constriction of modern drinking water treatment facilities for Saint John, as set out in the Action Plan for ,Safe Clean Drinking Water. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering For Saint John Water J. Patrick Woods, CGA Acting City Manager • 4 . . , , 267 Guidelines for Canadian Drinking Water Guideline Technical l]nozuzeut Trihal-. Page l of 1 Hoalth Saw Rao Canada Canada Canada Home > Environmental & Workplace Health > Reports & Publications > Water Quality > Trihalomethanes Environmental and Workplace Health Guidelines for Canadian Drinking Water Quality: Guideline Technical Document: Trihalomethanes The Guideline Technical Document (GTO) forTdha/ornethenes (THMs) was published in 2006, which also includes a specific guideline for bromodichloromethane (BDCM). The Maximum Acceptable Concentration (MAC) for THMs Is based on the health effects ofoh/omoforrn, and applies to the total concentration of chloroform, 8DC;4, dibronnooh(orunnethane and broonofornm. Since the publication of the GTD, several new scientific papers have been published on the health effects of BDCM and ofTHMs. As these articles were considered to have a potential bearing on the existing guideline values, a panel of experts was convened in September 2008 to provide expert advice and to make recommendations to Health Canada and to the Fecleral-Provincial-Territorial Committee on Drinking VVater(CDVV) regarding BDCM in drinking water. Based on Health Canada's re-assessment of the ovannU weight of scientific evidence and on the findings and recommendations of the Expert Panel! on BDCM, the Fecleral-Provincial-Territorial [DVV recommended rescinding the separate guideline for BDCM. The guideline for THMs is now considered sufficient on its own to protect for potential adverse health effects related to the exposure to B0CM in drinking water. The new information on BDCM will be added in tbeBTO for THMs during the next update o[ the document. Effective April 2009, the guideline statement for trihalomethanes in drinking water is modified to remove the separate guideline for BDCM, recognizing that the rnax|rnoru acceptable concentration forTHMa is protective of the health effects of all THMs, including BDCM. The revised Guideline statement reads as follows: Trihalomethanes The maximum acceptable concentration (MA(J for brihalomethanes in drinking water is 0.100 mg1L (100 jugIL) based on a locationa/ running annual average of min/mum of quarterly samples taken at the point in the distribution system with the highest potential 77fMlevels. Utilities should make every effort to maintain concentrations as /ow as reasonably achievable without compromising the effectiveness ofdisinfection. I The Findings and Recommendations of the Expert Panel are available upon request, To obtain a copy, please send an e- mail to Date Modified: 2009-08-17 268 http://www.hc-sc.ge.ca/cwh-seint/pubs/water-eau/trihalomethanes/addendum-eng.php 12/3/2009 un N/14 61 I MIN 101 //r/// iima iiolo/lmmi// jgm/// im 0 c tn 10 WO , � ~ � - � U� �� Chlorine ioa disinfectant added todrink- ing water to reduce or eliminate microor- ganisms, such as bacteria and viruses, which can be present in water supplies. The addition of chlorine to our drinking water has greatly reduced the risk of waterborne diseases. For more than m century, the safety of Canadian drinking water supplies has been greatly improved by the addition of chlorine. Disinfecting our drinking water ensures i[is free of the microorganisms that can cause serious and |ife-thneohan- inQ diseases, such es cholera and typhoid fever. To this de}\ chlorine remains the most commonly used drink- ing water disinfectant, and the disinfec- tant for which vv* have the most scientific information. Chlorine isadded ao part nf the drinking water treatment process. However, chlo- rine also reacts with the organic matter, naturally present im water, such as decaying leaves. This chemical reaction forms o group of chemicals hnovvm as disinfection by-products. The most com- mon ofthese by-products are th- ho[onmethanee/THK8G\,which include chloroform. The amount ofTMMsfound in drinking water depends onanumber of things, including the season and the source of the water. For example, THM levels are generally lower in winter than in summer, because the amount of natu- ral orgenicmatterie]ovveraod|ess ch[o- dneienmededtodbsinfectst co|dortem- peroturas. TMK4 |ave|e are also [nvv when wells nr large lakes are the drink- ing water source, and higher when rivers or other surface waters are the source, because they generally contain more organic matter. Current scientific data shows that the benefits of chlorinating our drinking water (less disease) are much greater than any health risks from THMs and other by-products. Although otherdisin- factants are available, chlorine remains the choice of water treatment experts. When used with modern water filtration methods, chlorine is effective against vir- tually all microorganisms. Chlorine is easy hm apply and Gmna|Uamountso[the chemical remain im the water 8S it travels in the distribution system from the treat- ment pVanttothenmosummgr'stop'Thia level of effectiveness ensures that microorganisms cannot v000nbanninatn the water after it leaves the treatment A number wf cities use ozone 1odisinfect their water, because nzonation does not produce TMyNs. Although ozone ioavery effective disinfectant, it breaks down quickly and cannot ba used tomaintain disinfection in the distribution ovstann. Small amounts of chlorine nr other disinfectants still must be added. Renovating water treat- ment pyanto so they can use ozone can b8expensive. Examples of other disinfectants include ohloramines and chlorine dioxide. Ch|ommmineo are weaker disinfectants than chlorine, but are very effective in the distribu- tion ayat*nn. Chlorine dioxide can be used iO the treatment plant, but itis not very effective inthe distribution system . All nhenlnoX disinfectants used in drinking water can beexpected to form by-products that could affect human health. In A8nQT@], vvg know less about the by-prod- ucts of other disinfectants than about chlorination by-products. Lab animals exposed to very high levels ofTH&4o have an increased risk Of cancer. Several studies on humans have also found a link between long-term exposure to high levels of chlori- nation by-produotsandehighar risk of cancer. For |nstonca, e recent study showed ao increased risk Vf bladder and possibly colon cancer in people who drank chlorinated water for 35 years ormore. High levels of THMs may also have on effect om pregnancy. A California study found that preg- nantvvommen who drank |orQo amounts of tap water with high THMo had on increased risk of miscarriage. These studies do not prove that there is a link between lFHMo and cancer or miscarriage. However, they do show the need for further maoeonoh in this area toconfirm potential health effects. The federal and provincial gov- ernments share responsibility for safe drinking vvmtec Provincial governments are generally responsible for the day-to-day provision of drinking water to their constituents. The water they pro- vide must meet their own drinking water requirements, which are based onthe Guidelines for Canadian Drinking Water Quality. These guidelines are published by Health Canada and developed in collaboration with all provincial and territorial governments. Health Canada publishes an annual table summary ofthe guidelines, which is available on its Web Site. Health Canada has established e guideline forTHK4o of 0.1 mil- ligrams per litre. The cancer risk ot this level over a lifetime iscon- sidered extremely low. The guide- lines forTHMa and other chlori- nation by-products are currently under review bya task group whose work is coordinated by Health Canada. 271 Drinking water that meets the guidelines does not usually need extra treatment. There ionoeasy way that you can remove all dis- infection by-pnoduCta, but here are some steps you Can take. °Activated carbon filters can be used toremove chlorine and its by-products. If you choose to use such a filter, it ieessenDa|tofoUovvthoman- ^Thennanufooture and sale nf water treatment devices are not regulated inCanada. Health Canada recommends the use of products that are certified tn health-based atan' darde.The8tondondGCounoi| of Canada can provide infor- mation onthecgrtifico1ion process. For more information ondrinking water quality issues inCanada, please visit Health Canada's VVabar Quality Activities Web Site otwwvv.hu-ao.gc.co/woterqua|ib/ REPORT TO COMMON COUNCIL M & C — 2009 -399 4 December 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Aquatic Centre Roof Replacement BACKGROUND: Tenders closed on October 21, 2009 for the supply of all necessary labour, materials and equipment needed to replace the Canada Games Aquatic Center roof. City of whit John This project was necessitated by the need to address ongoing and costly maintenance problems with the existing roof, which is the original roof that was installed when the Aquatic Centre was constricted in 1985. Design and specifications for the replacement roof were provided by a professional consulting firm who specializes in roofing needs for facilities of this nature. ANALYSIS: Two companies opted to participate in the City's call for bids by submitting tenders. The following is a summary of the two bids including the total project cost offered by each; Flynn Canada, Dieppe, N.B. $1,491,600.00 Dowd Roofing, Saint John $1,962,697.00 *Total Cost includes taxes 272 Page Two ANALYSIS....Cont'd; In addition to the detailed specifications provided, bidders were instructed to submit a number of pricing options for this project. These included a total cost for the project as specified, including a Contingency Allowance of 10% of the total bid price, a Breakout Price for the supply of optional Decor Profile and a second Breakout Price for optional preparation and painting of specific areas of steel framing. Staffs of Materials Management and Facilities Management have reviewed the tenders submitted and have found both to be complete in every regard. In addition to this review staff has assessed the need to include the areas identified in the Break Out pricing and have determined that the Decor Profile does not bring value to project equal to the cost associated with it and have therefore opted not to include the Break Out price for it in the net total cost for this project. FINANCIAL IMPLICATIONS: The net total cost to provide all necessary labour, materials and equipment needed to supply and install a new roof of the Canada Games Aquatic Center, if awarded as recommended to the lowest bidder, will be $1,205,710.00. This cost includes the net bid price, the 10% contingency allowance and the 13% H.S.T., but it does not include the quoted costs for one of the identified options, ie the Decor Profile. This is a planned project and as such funds to cover the cost were identified and are available in the 2009 Aquatic Centre Capital Budget. 273 Page Three RECOMMENDATION: It is recommended that the tender for the provision of all required labour, materials and equipment necessary to supply and install a new roof on the Canada Games Aquatic Centre be awarded to Flynn Canada Ltd., in the tax included amount of $1,205,710.00, and fiirther that the Mayor and Common Cleric be authorized to sign the necessary contract documents. Respectfully submitted, ti. J David J. Logan Purchasing Agent Patrick Woods Acting City Manager 274 I X November 25, 2009 0 Mayor and Councillors City of Saint John z PO Box 1971 Saint John, New Brunswick < E2L 4L1 C'n Your Worship and Councillors: On behalf of the Board of Directors of Uptown Saint John Inc., please find enclosed a copy of our 2010 Budget which was approved by the Membership at the Annual Budget Meeting held on Wednesday, November 25, 2009 at the Business Resource Centre, 40 King Street. Regards, FOO I N U) T. 506.633.9797 F 506.652.3525 www.uptownsj.com 275 Urban Design, Development and planning $ 2010 REVENUE $ 15,000.00 BIA Levy $ 297,046,72 Employment Grants $ 3,000.00 Bad Debts Recovered $ 2,000.00 Capital Account Interest for Waterfront Development $ 15,000.00 Events $ 5,000,00 Co-operative Marketing Campaigns $ 25,000.00 Miscellaneous Revenue $ 2,000.00 TOTAL REVENUE $ 349,046.72 Urban Design, Development and planning $ 18,000.00 Waterfront Development $ 15,000.00 Marketing $ 55,500.00 Environment $ 6,000.00 Events $ 18,000.00 Communications $ 5,,500.00 Annual Meeting and Awards $ 6,000.00 Program delivery $ - Operations $ 222,500.00 Non-Recoverable $ 2,546.72 TOTAL EXPENDITURES $ 349,046.72 276 UPTOWN SAINT JOHN INC. MEMBERSHIP MEETING BIA 2010 BUDGET NOVEMBER 25, 2009 PRESENT: Matt Alexander, Anne McShane, Donna Reardon, Sean O'Neill, Michael Gillis, Jeff Roach, Ann Kamau, Peter Asimakos, Leslie Keating — no attendees from the general membership, notice was placed in the Telegraph Journal 10 days prior to the meeting as per the By -Laws. Peter Asimalcos called the meeting to order and briefed those present on the 2010 budget. Following a brief discussion and the opportunity for questions, a motion was made by Michael Gillis to approve the 2010 Budget. Motion was seconded by Jeff Roach, motion carried. A second motion was made by Michael Gillis to assess a levy of 16 cents for each one hundred dollars of assessed value for 2010 upon non - residential property within the Business Improvement Area. Motion was seconded by Jeff Roach, motion carried. There being no further business, the meeting adjourned. 277 December 3, 2009 Your Worship and Councillors: SUBJECT: Proposed Subdivision - 60 Marilyn Drive The Planning Advisory Committee considered the attached report at its December 1, 2009 meeting. The applicant, Mr. Mike McCaig, did not appear before the Committee in support of the application and there was consequently no indication as to whether or not he was in agreement with the staff recommendation. Mr. Robert Ridgway, of Galbraith Constriction, which owns the abutting property submitted a letter (copy attached) outlining some concerns about creating a new residential lot adjacent to the long- existing gravel pit and rock quarry. Mr. Ridgway also appeared at the meeting to explain that the existing gravel pit and quarry had previously been given variances to be allowed to operate up to 30 metres from the subject property, and the applicant should therefore clearly understand that the more onerous separation distances required by the "PQ" Pits and Quarries zoning provisions are not applicable in this instance. After considering the report and presentation, the Committee resolved to adopt the recommendation as set out below. RECOMMENDATION: That Common Council accept a cash -in -lieu Land for Public Purposes dedication for this proposed subdivision. Respectfidly submitted, Carl Killen Vice - Chairman PF Project No. 09 -987 278 DATE: NOVEMBER 27, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF DECEMBER 1, 2009 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Mike McCaig Name of Owner: Karen McCaig Location: 60 Marilyn Drive PID: 00018184 Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To subdivide the existing property into two lots. Type of Application: Subdivision JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council on subdivision applications involving the acceptance of land for public purposes dedications. 279 Mike McCaig 60 Marilvn Drive STAFF RECOMMENDATION TO COMMITTEE: Page 2 November 27, 2009 That Common Council accept a cash in -lieu Land for Public Purposes dedication for the proposed tentative Karen McCaig Subdivision as well as assent to any necessary municipal services or public utility easements. BACKGROUND: In 1989, Common Council rezoned the subject property to "W' One Family Rural Residential in order to facilitate an unserviced residential subdivision. While the bulls of the subdivision was created in 1991, the final phase has yet to be completed. Although the approved tentative plan illustrates that the remnant parcel would be subdivided into four lots, due to the topography of the area it is only feasible to sever it into two properties, as presently proposed by the applicant. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has been advised of the application Buildings and Inspection Services has no concerns with the proposed subdivision. Leisure Services indicates that it has no plans to develop the existing Land for Public Purposes dedication adjacent to the subject site, and would consequently prefer to see a cash -in -lieu payment instead of acquiring additional land. N.B. Department of Health has been forwarded a copy of the application. N.B. Department of Environment has been advised of the application. Saint John Energy indicates that it has existing overhead facilities that service 60 Marilyn Drive. The existing facilities cross the proposed lot and will have to be relocated. It is the developer's responsibility and cost to relocate the overhead line, however this can be dealt with at a later date. Maritimes & Northeast Pipeline indicates that this area is all "clear" and that the proposal is not near any of their facilities. ANALYSIS: The subject site is located at the end of Marilyn Drive, a short dead -end street in the City's East Side. The surrounding neighbourhood is comprised of single - family dwellings on large unserviced lots, with the site in question conforming to this pattern. The applicant is proposing to sever a lot from the parent property, to contain his existing residence. A new single - family dwelling would be constricted on the remnant lot, which is presently vacant. The proposal satisfies the requirements of the Zoning and Subdivision By -laws and generally corresponds with the proposal considered by the Committee and Council in 1989. However, in order to proceed with the subdivision, a Land for Public Purposes (LPP) dedication is required. 280 Mike McCaig 60 Marilvn Drive Page 3 November 27, 2009 There is an existing dedication of Land for Public Purposes (PID 55083562) adjacent to the site that the applicant could increase by transferring a parcel. However, given that the existing LPP has remained undeveloped, his preference is to provide a cash -in -lieu payment instead. This would also allow more flexibility in the available building envelope, in light of the sharply increasing slope towards the rear of the property. Given that the existing LPP parcel has remained undeveloped since it was vested with the City in 1991, and that the Leisure Services Department has no immediate plans to utilize the site, a cash -in -lieu payment is appropriate and is supported by Staff PF Project No. 09-251 281 I w I rn M, 0 A i 0 0 m ed F 2� 7. C z '71 Z f83. i tY Planning Advisory Committee P. 0. Box 1971 AF Saint John, N.B. E2L 41-1 Re: Karen McCaig Proposed Subdivision We are writing with mpect to the above noted application and the letter from the'Planning Department dated November 16, 2009 requesting the Views of neighbouring property owners. Our property (PID 355123) borders the subject property to the north. Our prop" which was purchased in 1983, contains a gravel pit and rock quarry, and is zoned PQ-Pfts and Quardes. A gravel pit permit was issued to a previous owner of out property in 1979 and we have had a permit for 26 years, every year since 1983. 284 285