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2007-02-12_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire City of Saint John Common Council Meeting ~onday,February12,2007 Location: Common Council Chamber Supplemental Agenda 1.0 Legal Advice 10.2(4)(f) 5.9 Traffic Signals - Broad Street and Carmarthen Street 13(a) Committee of the Whole Report Bourque Industrial Ltd. 13(b) Committee of the Whole Report - Appointments to Committees 13(c) Proposed Brunswick Pipeline Route through Rockwood Park City of Saint John Seance du conseil communal Le lundi 12 fevrier, 2007 Emplacement: Salle du conseil communal L'ordre du jour supph~mentaire 1.0 Consultation juridique 10.2(4)(f) 5.9 Feux de circulation a I'intersection des rues Broad et Carmarthen 13(a) Rapport du comite plenier relativement au Bourque Industrial Ltd. 13(b) Rapport du comite plenier relativement aux nominations pour sieger aux comites 13( c) Rapport du comite plenier relativement au projet de gazoduc Brunswick au travers du parc Rockwood REPORT TO COMMON COUNCIL ~~ The City of Saint John M&C 2007- 28 February 6, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Traffic Signals - Broad Street and Carrnarthen Street BACKGROUND A letter dated December I, 2006 was received from Vibrant Communities Saint John, South End Area Community action Team (SEA-CAT) requesting the installation of traffic signals to assist pedestrians crossing Broad Street at Wentworth Street. In August 2006 a letter was received from the Saint John Inner City Ministry requesting traffic signals to assist pedestrians crossing Broad Street at Wentworth Street or Carrnarthen Street. Both letters referred to the large number of children crossing Broad Street to access the free hot lunch program at St. John the Baptist Church at 84 Broad Street. In the early 1970' s, traffic lights were installed at the comer of Broad Street and Carrnarthen Street as part of the Urban Renewal Program. This was a joint Municipal, Provincial and Federal Government program. At the time, Carrnarthen Street was planned to be a major North - South arterial in the South End with a direct connection to Paddock Street and on to the Throughway. There were also plans for a major recreation facility near the Barrack Green Armories. Heavy pedestrian traffic was projected. This playground was, instead, constructed between St. James Street and Britain Street - the connection to Paddock Street was not built. The traffic signals were not required as intended and were subsequently removed. Staff is investigating the condition of the old bases and conduit to see whether or not they can be reused. M&C 2007- 28 February 6,2007 Page 2 ANALYSIS Staff examined the area with a view to determining the best location for a pedestrian crossing signal. The intersections of Broad Street and Carmarthen Street as well as Broad Street at Wentworth Street were both considered for the installation of traffic signals. Staff examined the advantages and disadvantages for each intersection. Pedestrian traffic volume is approximately the same at both locations. There is a convenience store at Wentworth which attracts pedestrians. Carmarthen Street is a popular route to the playing fields south of Broad Street and the playground north of Broad Street. Wentworth Street intersects Broad Street at the top of a knoll.and as such does not have good sight distances. Lights placed here would also cause difficulties for vehicles stopping on the hill in slippery winter conditions. Carmarthen Street intersects Broad Street on more level terrain and has good sight lines for both drivers and pedestrians. After a thorough review of all factors, it was determined that the signals would best serve both pedestrians and vehicle traffic at Carmarthen Street. Staff included funding for the installation of traffic signals at Carmarthen Street and Broad Street in the General Fund Operating Budget for 2007. This recommendation has been communicated to both the Vibrant Communities Saint John, South End Area Community action Team (SEA-CAT) and the Saint John Inner City Ministry and both are satisfied that their primary concerns have been resolved. FINANCIAL IMPLICATIONS The funding for the installation of traffic signals at the intersection of Broad Street and Carmarthen Street has been included in the approved General Fund operating budget for 2007. Staff will submit a report in the near future to inform Council of other planned traffic signal initiatives for 2007. RECOMMENDATION . ':1 It is recommended that this report be received and filed and further, a copy be sent to each of the Vibrant Communities Saint John, South End Area Community Action Team (SEA-CAT) and to the Saint John Inner City Ministry. (s~~ J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering it6s Terrence L. Totten, F.C.A. City Manager 3.lc0 \ www.saintjohn.ca P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 The City of Saint John February 12, 2007 Deputy Mayor Hooton and Councillors Re: Committee of the Whole Report Deputy Mayor and Councillors: The Committee of the Whole having met on February 29, 2007 made the following recommendation to be considered at an open meeting of Council. Recommended: RESOLVED that the Mayor and Common Clerk be authorized to execute the Option Agreement with Bourque Industrial Ltd. for PID Number 55161533. Norm McFarlane Chair, Committee of the Whole iL lb\ I 'J' P.O. Box/C.P. 1971 Saint John, NB/N.-B. Canada E2L 4L1 www.saintjohn.ca The City of Saint John February 12, 2007 Deputy Mayor Hooton And Councillors Deputy and Councillors, Subject: Recommended Appointments to Committees The Committee of the Whole met earlier this evening, and makes the following recommendations: Design and Building Standards Committee - to appoint Malcolm Boyd, Morgan Lanigan, Elizabeth De Luisa and Bob Boyce for three year terms ending February 12, 2010. Leisure Services Advisory Board - to re-appoint Bruce Latham and appoint Tom Keaveney and Nathan Gionet for three year terms ending February 12, 2010. Aquatic Centre Commission - to re-appoint Mary Stephenson for a three year term ending February 12,2010. Heritage Development Board (Preservation Review Board) - to re-appoint Malcolm Boyd for a three year term ending February 12,2010. Saint John Industrial Parks- to re-appoint William Leahy and Councillor Court for term ding December 31, 2007. u~ Norm~arlane Chair, Committee of the Whole City Solicitor's Office Bureau de l'avocat municipal P.O. Box/C.P. 1971 Saint John. NB/N.-B, Canada E2L 4L1 WW\\'.saintjohn.ca ~ I J (c; ) COMMITTEE-OF- THE-WHOLE The City of Saint John February 7, 2007 Common Council of The City of Saint John -- Your Worship and Councillors: Re: Proposed Brunswick Pipeline Route through Rockwood Park In May of 2006, Emera Brunswick Pipeline Company Ltd. (Emera) applied to the National Energy Board for approvals relating to the Brunswick Pipeline Project. The Brunswick Pipeline is proposed to extend from Canaport Liquefied Natural Gas (LNG) Terminal in Saint John to an interconnect with the Maritimes & Northeast Pipeline LCC System at the CanadaJUS border. The Brunswick Pipeline will provide access to regasified LNG from Canaport terminals for markets in the Maritimes and Northeastern United States. The Project's "preferred pipeline corridor" runs through the City's Rockwood Park. On May 5, 2006, this Department submitted a report in Legal Session with an attached memorandum addressing the legal interests in the lands which comprise Rockwood Park as well as the appropriate respective roles of the City and the Horticultural Association in dealing with this project. In short, the Saint John Horticultural Association was created by legislation in 1893. Its purpose is described in Section 2 of the Act as follows: "To establish gardens. a park and pleasure resort in the city... and to acquire for such purpose ... all such lands. lakes. ponds and premises as may be deemed necessaryfor that purpose ... .. In other words, gardens. a park and a pleasure resort constitute the only uses to which the lands acquired by the Association can be put. Common Council February 7. 2007 City Solicitor Page 2 Re: Proposed Brunswick Pipeline Route through Rockwood Park The Association acquired the lands which comprise Rockwood Park through a number of Deeds between 1874 and 1943. In 1967 the Association conveyed said lands to the City pursuant to an Agreement dated March 6, 1967 in order to permit the City to undertake stipulated development of the Park. The recitals of the Agreement stated that in order for the City to obtain Provincial and Federal funding for the Centennial Project in a portion of the Rockwood Park Development, it was necessary that the Association convey its lands to the City. The Agreement also stated that the Association would convey its lands to the City subject to the condition that: "The lands and premises shall be used by the City for the purposes set out in the Acts relating to the Association and subject to the terms of the Agreement. " In 2002 the City and the Association agreed to amend the 1967 Agreement. In this Amended Agreement the Association acknowledges that the City has fulfilled its development obligations under the 1967 Agreement and Section 6 of the Agreement is amended such that it now reads: "6(1) Subject to paragraph 3, the Association may direct and operate those areas of Rockwood Park other than the Park Pavilion, swimming, skating, boating and fishing facilities, the site of the Interpretation Centre, including the adjacent parking area, and those areas developed by the City as a Centennial Project, in the same manner as ~f such lands had not been conveyed to the City and in particular may maintain, direct, and operate thefollowing: a) Campsitefacilities; and b) Park gardens" The Agreement continues to recognize the Association' s right to "direct and operate" various areas of the Park, and we understand the proposed preferred corridor of the Brunswick Pipeline would fall within such area. Emera has since submitted documents (Option for Easement) to the City for review and signature. These documents seek the grant of an irrevocable option to purchase an unencumbered easement and rights in perpetuity: Common Council ~ February 7, 2007 City Solicitor Page 3 Re: Proposed Brunswick Pipeline Route through Rockwood Park "to construct, maintain, replace and operate a natural gas pipeline on, over, in, under and or through a strip of land no more than thirty (30) metres in perpendicular width outlined in the sketch attached hereto as Schedule 'B' (the Easement Lands) across the lands of the Grantor, together with the right to construct, maintain and operate any above ground valves, meters and other appliances and fittings, devices for controlling corrosion, related communications systems, all for use in connectioll with the pipeline, for the transmission and distribution of natural gas ... " We have attached said Schedule "B", which shows the pipeline's proposed route through the Park. Because the provisions of various private statutes relating to the Association restrict the use of the lands, as mentioned above, neither the City nor the Association has the right to permit a gas pipeline through the lands of Rockwood Park. The only way for the City to be able to grant the requested easement is to petition the Legislature to enact a private act to authorize and empower the City of Saint John, with the consent of the Association, to grant an easement over the lands of Rockwood Park for a natural gas pipeline. Discussions have taken place between the City and the Horticultural Association. The Association met on January 31, 2007 and adopted resolutions that it join with the City in the petition to the Legislature to enact the above described act and consenting to the conveyance of an easement should the private legislation required be enacted. A draft of the proposed legislation is attached. It will be necessary to arrange that a Member of the Legislature who is not a Cabinet Minister agree to sponsor the private bill in question. Customarily, it is the Mayor who makes such arrangements. If Council adopts the recommendation which follows, it would be our intent to proceed at once with publishing the necessary notice in order that the application be filed with the Clerk of the House in late March 2007. In light of the foregoing we would recommend the following is the text of an appropriate resolution: Common Council February 7. 2007 City Solicitor Page 4 Re: Proposed Brunswick Pipeline Route through Rockwood Park Whereas the Saint John Horticultural Association (the Association) conveyed lands (the Lands) to the City of Saint John (the City) pursuant to an Agreement between the said parties in 1967 and amended in 2002; and Whereas the provisions of various private statutes relating to the Association restrict the use of the Lands; and Whereas the City, with the consent of the Association, wishes to convey an easement and rights for a natural gas pipeline to Emera Brunswick Pipeline Company Ltd.; and Whereas the City desires to be authorized and empowered by the Legislative Assembly of New Brunswick to convey such easement; NOW BE IT RESOLVED that the City Solicitor or his designate be authorized to petition His Honour the Lieutenant Governor and the Legislative Assembly of New Brunswick on behalf of The City of Saint John and the Saint John Horticultural Association to enact an act to authorize and empower The City of Saint John, with the consent of the Association, to grant an easement in any portion of the lands conveyed to The City of Saint John by the Saint John Horticultural Association by Deed dated March 20, 1967 and registered in the Saint John County Registry Office on April 14, 1967 in Book 564 at Page 323 as No. 210666 for a natural gas pipeline together with associated equipment and facilities and such rights as are ancillary thereto. Respectfully Submitted, ',... " - \.. 1 v L \..- ; John L. Nugent City Solicitor Attachment AlJ. DIMENSIONS ARE IN MElRES. OWNER: CITY Of SAINT JOHN PID: 00052548 APPROXlMA TE AREA OF PERMANENT EASElotENT: 10.0008 he: (24.7119 Acreft) W1DTli Of PERMANENT EASEMENT: 30m (99') APPROXIMATE CENlREUNE LENGTH Of PERMANENT EASEMENT: 3325m% (10907'%) APPROXlMA TE AREA OF TEMPORARY WORKING ROOlot: 2.4167 he: ( 5.9716 Acro.%) NO. DESCRPl10N DATE EMERA BRUNSWICK PIPELINE COMPANY L TO. c4 Atllntic GIS Engineers PIO WiEtiO PA.RCEl IQENTIFlER PROPERl'I UNE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEWENT TEMPORARY WORKINC RODW WA TERCOURSE BRUNSWICK PIPELINE PROPERTY SKETCH PID 00052548 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA tllm:; THIS DOCUWENT DOCS NOT REPRESENT A LECAl SUR'lEY AND SHOULD NOT BE USED FOR BOUNDARY DEFlNll10N OR CON'/EYlNC PURPOSES AND IS ONLY IN!"ENDEO FOIl THE USE OF THE EMERA BRUNSlllCK "'PEUNE COMPANY lTD. DATE 08/015/27 SCALE 1: 2acoo PROJECT NO. DRA~ V/////////////-l --- PREPARED By SHT REV APPROVEO ~ fJ6-n-.t. V.JJ). CHECKED owe. NO. PS-16,O-00052548 0-, n- l: 'NG.l:C11\ZOO1\0I74Ot ....\....~, .........."...., '" t. Ie u...., ...,..,. -..- 1..0 Deta -. 01, 30CNi _ 1: ~ 0...-., ~ -,: ....,. ......-- -"11"\ I An Act to Authorize an Easement Through Certain Lands in The City of Saint John for Natural Gas Pipeline Purposes Whereas The City of Saint John and the Saint John Horticultural Association pray that it be enacted as hereinafter set forth: Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick enacts as follows: 1. Notwithstanding anything contained in the Acts of the Legislative Assembly of New Brunswick concerning the lands previously vested in the Saint John Horticultural Association and conveyed to The City of Saint John by the said Horticultural Association in a Deed dated March 20, 1967 and registered in the Saint John County Registry Office on April 14, 1967 in Book 564 at Page 323 as No. 210666, The City of Saint John, with the consent of Saint John Horticultural Association, is hereby authorized and empowered to grant an Easement in any portion of the said lands for the purposes of constructing, maintaining, replacing and operating a natural gas pipeline together with associated equipment and facilities and such rights as are ancillary thereto. Final January 31, 2007 Loi autorisant Ie consentement d'une senritude sur des terrains de la cite appelee The City of Saint John pour les besoins d'un gazoduc Attendu que la cite appelee The City of Saint John et la Saint John Horticultural Association sollicitent I' ediction des dispositions qui sui vent, A ces causes, Sa Majeste, sur I' avis et du consentement de I' Assemblee legislative du Nouveau-Brunswick, decrete : 1. Nonobstant to ute disposition des lois de r Assemblee legislative du Nouveau-Brunswick relative a des terrains que la Saint John Horticultural Association a transferes a la cite appelee The City of Saint John au moyen d'un acte de transfert date du 20 mars 1967 et enregistre au bureau d'enregistrement du comte de Saint John Ie 14 avril 1967 a la page 323 du livre 564 (no 210666), la cite, du consentement de la Saint John Horticultural Association, est habilitee a consentir, aux fins de la construction, de I' entretien, du remplacement et de l'exploitation d'un gazoduc ainsi que des equipements et installations yafferents, une servitude sur toute portion des terrains vises et tous droits yaccessoires. Version d~finitive Le 31 janvier 2007