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2007-07-03_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Tuesday, July 03, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom 1.1 Legal Proceedings 1.2 Nominating Committee 10.2(4)(b) 1.3 Employment Matter 10.2(4)0) 1.4 Legal Counsel 10.2(4)(f) 1.5 Legal Proceedings - Litigation 10.2(4)(g) 1.6 Personnel Matter 10.2(4)(b) 1.7 Legal Personnel Matter 10.2(4)0) 1.8 Personal and Employment Matter 10.2(4)(b,j) 1.9 Land Negotiations 10.2(4)(d) Regular Meeting 1. Call to Order - Prayer 7:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of June 18, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Human Development Council for Student Youth Cabinet Request to Present (Recommendation: Refer to Clerk to schedule) 5.2 Signing Services for Deaf Community (Receive for Information) 5.3 Tender for Allison Grounds Sports Field Upgrade (Recommendation in Report) 5.4 Tender for Construction of Washroom Facilities - Allison Grounds (Recommendation in Report) 5.5 2007 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments (Recommendation in Report) 5.6 Red Head Secondary Access Rd Inspection Services (Recommendation in Report) 5.7 Contract 2007 -34 Pipeline Road East at Latimer Lake New Transmission Mains and Chlorine Injection and Sampling Chambers (Recommendation in Report) 5.8 Uni- Directional Flushing (Recommendation in Report) 5.9 Contract 2007 -37 Howes Lake Landfill Closure Phase IV (Recommendation in Report) 5.10 Contract 2007 -17 Latimore Lake Rd (Lackie Rd to Bustin Blvd) Curb & Sidewalk Reconstruction (Recommendation in Report) 5.11 Contract 2007 -25 Mountain Rd (Westmorland Rd to Mountain View Dr) Street Reconstruction (Recommendation in Report) 5.12 Design and Construction Management Westgate Park Sanitary Forcemain Renewal and Installation of Gravity Overflow (Recommendation in Report) 5.13 Contract 2007 -9 Dunn Ave Watermain Looping and Sanitary Sewer Upgrade (Recommendation in Report) 5.14 Land Acquisition Watershed (Recommendation in Report) 5.15 Street Name Changes (Recommendation in Report) 5.16 Public Hearings Red Head Area, 112 Mount Pleasant Ave and Secondary Access to Red Head (Recommendation in Report) 5.17 Drainage Problems 13 Braemar Dr (Recommendation in Report) 5.18 Municipal Water Pipeline Easement Acquisition 321 Sherbrooke St (Recommendation in Report) 5.19 Municipal Services Easements 28 Elgin Rd (Recommendation in Report) 5.20 Purchase of Computer Network Infrastructure (Recommendation in Report) 5.21 Purchase of Licences Agreement with Micro soft(Recommendation in Report) 5.22 Grant of Easement to Bell Aliant Property off Charlotte Street (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 7:30 p.m. 8.1 One Change Inc. 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -law Amendment 178 Bridge St 9.1(b) Planning Advisory Committee Recommending Approval 9.2(a)(b) Proposed Municipal Plan and Zoning By -law Amendments 71 Drury Cove Rd 9.2(c) Planning Advisory Committee Report Recommending Approval 10. Consideration of By -laws 10.1(a) Third Reading Zoning By -law Amendment 37 Golden Grove Rd 10.1(b) Section 39 Conditions 37 Golden Grove Rd 10.2(a) Third Reading Zoning By -law Amendment 69 Russell St 10.2(b) Section 39 Conditions 69 Russell St 10.3(a) Third Reading Zoning By -law Amendment 10 Culloden Ct 10.3(b) Section 39 Conditions 10 Culloden Ct 10.4(a) Third Reading Zoning By -law Amendment 921 Ashburn Rd 10.4(b) Section 39 Conditions 921 Ashburn Rd 11. Submissions by Council Members 11.1 Homeless Women's Shelter (Deputy Mayor Hooton) 11.2 Provincial and Federal Funding Announcement (Councillor Tait) 11.3 Water Hydrant Flushing Dominion Park (Councillor Ferguson) 11.4 Correcting Workplace Culture City of Saint John (Councillor Ferguson) 11.5 Multipartner Funding Agreement Neighbourhood Revitalization (Councillor McGuire) 11.6 Property Acquisition Transit Commission (Councillor Titus) 12. Business Matters — Municipal Officers 12.1 Fairville Boulevard - Simms Corner - Bridge Road Corridor 12.2 Amendments to Saint John Preservation Areas By -law 12.3 West Saint John Riding Park Ocean Westway 13. Committee Reports 13.1 Planning Advisory Committee Recommending Approval of Proposed Subdivision Folkins Estates Inc. Subdivision 1433 Loch Lomond Road 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Michael McGovern Request to Present on MotoCross Track 15.2 Hayward and Warwick Princess St Improvements 15.3 Request of Opera NB for Funding 16. Adjournment City of Saint John Seance du conseil communal Le mardi 3 juillet 2007 Comit6 pl6nier 1. Ouverture de la s6ance 17 h Salle de conf6rence du 8e 6tage 1.1 Proc6duresjudiciaires 1.2 Comit6 des candidatures — alin6a 10.2(4)b) 1.3 Questions relatives a 1'emploi — alin6a 10.2(4)j) 1.4 Conseiller juridique - alin6a 10.2(4)f) 1.5 Proc6dures juridiques — litige - alin6a 10.2(4)g) 1.6 Question relative au personnel - alin6a 10.2(4)b) 1.7 Question relative au personnel ou d'ordre juridique — alin6a 10.2(4)j) 1.8Question relative au personnel et a 1'emploi — alin6a 10.2(4)b) et j) 1.9 N6gociations relatives aux biens -fonds - alin6a 10.2(4)d) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 19 h Salle du conseil 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal de ]a s6ance tenue le 18 juin 2007 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises a 1'approbation du conseil 5.1 Conseil de perfectionnement social pour le cabinet jeunesse des 6tudiants — Demande de pr6sentation visant a se pr6senter devant le conseil (recommandation : transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.2 Signature des services adress6s aux personnes sourdes et malentendantes (accepter a titre informatif) 5.3 Soumission relative a 1'am6lioration du terrain sportif Allison Grounds (recommandation formul6e au rapport) 5.4 Soumission relative a la construction d'installations sanitaires — terrain Allison Grounds (recommandation formul6e au rapport) 5.5 Ajustements au programme d'immobilisations du fonds des services d'aqueduc et d'6gouts et du fonds d'administration pour 2007 (recommandation formul6e au rapport) 5.6 Voie d'acc6s secondaire Red Head — Services d'inspection (recommandation formul6e au rapport) 5.7 Contrat ri 2007 -34 relatif au chemin Pipeline Est pr&s du lac Latimer — nouvelles conduites principales, injection de chlore et regards d'6chantillonnage (recommandation formul6e au rapport) 5.8 Rin�age unidirectionnel (recommandation formul6e au rapport) 5.9 Contrat n 2007 -37 relatif a la phase IV de la fermeture du site d'enfouissement situ6 au lac Howes (recommandation formul6e au rapport) 5.10 Contrat ri 2007 -17 relatif a la r6fection des trottoirs et des bordures sur le chemin Latimore Lake (du chemin Lackie au boulevard Bustin) (recommandation formul6e au rapport) 5.11 Contrat ri 2007 -25 relatif a la r6fection du chemin Mountain (du chemin Westmorland a la promenade Mountain View) (recommandation formul6e au rapport) 5.12 Gestion de la conception et de la construction — Renouvellement de la station de rel6vement au parc Westgate et installation dun trop -plein par gravit6 (recommandation formul6e au rapport) 5.13 Contrat ri 2007 -9 relatif a 1'am6lioration du bouclage de la conduite mai'lresse et des 6gouts sanitaires de 1'avenue Dunn (recommandation au rapport) 5.14 Acquisition de biens -fonds relative au bassin hydrographique (recommandation formul6e au rapport) 5.15 Changements de nom de rue (recommandation formul6e au rapport) 5.16 Audience publique du sector Red Head relative au 112, avenue Mount Pleasant et a la voie d'acc6s secondaire en direction de Red Head (recommandation formul6e au rapport) 5.17 Problemes de drainage au 13, promenade Braemar (recommandation formul6e au rapport) 5.18 Conduite d'eau municipale et acquisition dune emprise relativement au 321, rue Sherbrooke (recommandation formul6e au rapport) 5.19 Servitude aux fins de services municipaux visant le 28, chemin Elgin (recommandation formul6e au rapport) 5.20 Achat lib a l'infrastructure du r6seau informatique (recommandation formul6e au rapport) 5.21 Achat du contrat de licence avec Microsoft (recommandation formul6e au rapport) 5.22 Octroi dune servitude concernant la propri6t6 de Bell Aliant en bordure de la rue Charlotte (recommandation formul6e au rapport) 6. Commentaires pr6sent6s par les membres 7. Proclamation 8. D616gations et pr6sentations 19h30 8.1 One Change Inc. 9. Audiences publiques 19h 9.1a) Projet de modification de 1'arr&6 de zonage visant le 178, rue Bridge 9.1b) Rapport du Comit6 consultatif d'urbanisme recommandant 1'approbation 9.2a)b) Projet de modification du plan municipal et de 1'arret6 sur le zonage visant le 71, chemin Drury Cove 9.2c) Rapport du Comit6 consultatif d'urbanisme recommandant 1'approbation 10. Etude des arret6s municipaux 10.1a) Troisi&me lecture du projet de modification de 1'arret6 sur le zonage visant le 37, chemin Golden Grove 10. lb) Conditions impos6es par Particle 39 visant le 37, chemin Golden Grove 10.2a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 69, rue Russell 10.2b) Conditions impos6es par Particle 39 visant le 69, rue Russell 10.3a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 10, impasse Culloden 10.4a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le 921, chemin Ashburn 10.3b) Conditions impos6es par Particle 39 visant le 10, impasse Culloden 10.4b) Conditions impos6es par Particle 39 visant le 921, chemin Ashburn 11. Intervention des membres du conseil 11.1 Refuge pour femmes Homeless Women's Shelter (mairesse suppI &ante Hooton) 11.2 Annonce de financement des gouvernements provincial et f6d6ral (conseiller Tait) 11.3 Nettoyage par chasse d'eau des bouches d'incendie du parc Dominion (conseiller Ferguson) 11.4 Red6finition de la culture en milieu de travail de The City of Saint John (conseiller Ferguson) 11.5 Convention de financement multipartie relativement a la revitalisation des quartiers (conseiller McGuire) 11.6 Commission des transports relativement a 1'acquisition de biens -fonds (conseiller Titus) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Boulevard Fairville — Coin Simms — Couloir du chemin Bridge 12.2 Modification de 1'arret6 relatif aux aires de conservation de The City of Saint John 12.3 Parc d'6quitation de la voie Ouest Ocean a Saint John Ouest 13. Rapports deposes par les comites 13.1 Comit6 consultatif d'urbanisme recommandant 1'approbation du projet de lotissement visant le 1433, chemin Loch Lomond pr6sent6 par Folkins Estates Inc. 14. Etude des sujets 6cart6s des questions soumises a 11approbation du conseil 15. Correspondance generale 15.1 Demande soumise par Michael McGovern en vue de faire une pr6sentation devant le conseil sur la piste de moto -cross 15.2 Travaux de r6fection pr6vus sur la rue Princess par Hayward and Warwick Ltd. 15.3 Demande de financement pr6sent6e par Opera NB 16. C16ture de la seance 92 -854 COMMON COUNCIL / CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 18, 2007 - 5:45 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; R. Simonds, Fire Chief, B Morrison, Commissioner of Leisure Services, and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 18 JUIN 2007 A 17 H 45 Sont presents : Norman McFarlane, maire la mairesse suppleante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux operations municipales; J. Baird, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; R. Simonds, chef du service d'incendie, B. Morrison, commissaire aux services des loisirs et E. Gormley, greffiere communale adjointe. 1. Call To Order — Prayer Mayor McFarlane called the meeting to order and Reverend Clayton Misner offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane, et le pasteur Clayton Misner recite la priere d'ouverture. 2. Approval of Minutes 2.1 Approval of June 6, 2007 Minutes On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on June 6, 2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Approbation du proces- verbal du 6 juin 2007 Proposition du conseiller Court Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du conseil communal tenue le 6 juin 2007 soit approuve. 92 -855 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 A ('issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the agenda of this meeting be approved, with the addition of item 13. 1, Committee of the Whole Report, and item 11.4, Moto Cross Race Track West Side brought forward prior to the Public Hearings. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout des points 13. 1, Rapport du comite plenier et 11.4, Piste de moto -cross dans le quartier ouest et leur examen immediat avant les audiences publiques. A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 RESOLVED that as recommended by the City Manager, for general operating purposes: 1. the Commissioner of Finance is hereby authorized to borrow, on behalf of The City of Saint John (the Corporation), from the Bank of Nova Scotia (the Bank) from time to time by way of promissory note, a sum or sums not exceeding at any one time four million two hundred and fifty thousand dollars ($4,250,000.) to meet current expenditures of the Corporation for the year 2007; 2. any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the corporate seal for the sum or sums so borrowed with interest at such rate as the bank may from time to time determine; 3. the Commissioner of Finance is hereby authorized and directed to furnish to the Bank at the time of each borrowing and at such other times as the Bank may from time to time request, a statement showing the nature and amount of the estimated revenues of the current year not yet collected or where the estimates for the year have not been adopted, a statement showing the nature and amount of the estimated revenues of the Corporation as set forth in the estimates adopted for the next preceding year and also showing the total of any amounts borrowed in the current year and in any preceding year that have not been repaid, and 4. the Commissioner of Finance is hereby authorized and directed to apply in payment of all sums borrowed from the Bank, with interest thereon, all of the monies hereafter collected or received on account or realized in respect of the taxes levied for the current year and for any preceding years and all of the monies collected or received from any other source. 5. for the purposes of bridge financing on Capital Expenditures, that the City of Saint John establish a revolving term loan to bridge finance capital expenditures to a maximum of $12,000,000. and the Commissioner of Finance be authorized to borrow from the Bank to the specified limit, and 6. any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank from time to time a promissory note or notes sealed with the 92 -856 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 corporate seal for the sum or sums so borrowed with interest at such rate as the Bank may from time to time determine, and 7. any two of the Commissioner of Finance, the Deputy City Manager, Comptroller or Assistant Comptroller are hereby authorized to sign on behalf of the Corporation and to furnish to the Bank an Agreement or Agreements under the seal of the Corporation providing for payment to the Bank of all amounts required to be paid by the Bank pursuant to each promissory note of the Corporation guaranteed by the Bank with interest at such rate as the Bank may from time to time determine and of a guarantee fee in respect of each such promissory note at such rate as the Bank may from time to time determine. 5.2 That the letter from Craig Allen, Coordinator of Canada Day Countdown requesting financial assistance be referred to the City Manager. 5.3 That the letter from Eric Teed regarding the limits on high rise development in the central part of the City including the peninsula and west side, be received for information. 5.4 That the letter from the Mispec Park Recreation Committee regarding dogs running loose at Mispec Beach and requesting an amendment to the Animal Control By -law, be referred to the City Manager. 5.5 That the letter from Bill Brienza regarding truck traffic on Richmond Street and the resulting damage to his building, be referred to the City Manager. 5.6 That the submitted report from the Saint John Board of Police Commissioners, in accordance with Section 7(3) of the New Brunswick Police Act, the submitted report regarding the Saint John Police Force Annual Budget for the period ended December 31, 2006, be received for information. 5.7 That as recommended by the City Manager, Contract 2007 -24: MacLaren Boulevard (Taylor Avenue to Sandy Point Road) — Street Reconstruction be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $813,038. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.8 That as recommended by the City Manager, Contract 2007 -22: Marsh Street Valve and Chamber Renewals be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $366,834.30 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.9 That as recommended by the City Manager, Contract 2007 -2: Watermain Cleaning & Lining, Phase 2, be awarded to the low tenderer, Alltech Solutions Inc., at the tendered price of $950,275. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager, Contract 2007 -30: Chip Seal -2007, be awarded to the tenderer, Industrial Cold Milling Ltd., at the tender price of $121,300., as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the City Manager, Common Council identify a Master of Ceremonies for the June 28th Grand Opening of the Millidgeville Wastewater Treatment Facility, and the submitted report be received for information. 5.12 That as recommended by the City Manager, The City of Saint John acquire an 844 square meter + Easement for Municipal Services /Municipal Services Easement from F. Andrew Simpson Contracting Ltd. on PID Number 401539 as generally shown on the submitted sketch on or before December 31, 2007 for $1.00. In exchange for the grant of easement the City shall; 1. Install the largest available water, sanitary and storm laterals to PID Numbers 401539 and 55155329 at locations to be approved by F. Andrew Simpson Contacting Ltd. a part of the Manawagonish Road project; and 92 -857 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 2. relocate, if necessary, the hydro line support pole located on PID Number 401539 to a mutually acceptable location if necessary; and 3. The City of Saint John pay for any plan of subdivision and legal costs required to secure the easement; and 4. the Mayor and Common Clerk be authorized to execute any documents of plan required to effect this easement acquisition. 5.13 That as recommended by the City Manager, Common Council schedule the public hearing for the rezoning application of Pamela J. McDermott (Beltone Better Hearing Aid Centre) (233 Westmorland Road) for Monday, July 16, 2007 at 7:00 p.m. in the Council Chamber. 5.14 That as recommended by the City Manager, the amended resolution adopted by Council in M &C 2005 -159 be further amended by deleting "610257 N.B. Ltd." where it appears and inserting in its place "621331 N.B. Ltd. ", with all other elements of the resolution remaining unchanged. On motion of Councillor White Seconded by Councillor Court 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 RESOLU que, comme le recommande le directeur general, aux fins d'exploitation generale : 1. le commissaire aux finances soit, par les presentes, autorise a emprunter, au nom de The City of Saint John (la « Corporation ))), a la Banque Scotia (la « Banque ))), a tout moment, par 1'entremise de billets a ordre, une somme ou des sommes qui ne peuvent depasser, chaque fois, quatre millions deux cent cinquante mille dollars (4 250 000 $) afin de couvrir les depenses courantes de la Corporation pour I'annee 2007; 2. deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le controleur ou le controleur adjoint, soient autorisees par les presentes a signer au nom de la Corporation et a fournir a la Banque, a tout moment, un ou des billets a ordre, revetus du sceau de la Corporation, pour la ou les sommes empruntees avec interets au taux que la Banque determine periodiquement; 3. le commissaire aux finances soit, par les presentes, ordonne et autorise de presenter a la Banque, au moment de chaque emprunt et a tout autre moment juge opportun par la Banque, un releve indiquant la nature et le montant des recettes estimatives de l'annee courante qui n'ont pas encore ete perques ou, si le budget n'a pas ete adopte, un releve indiquant la nature et le montant des recettes estimatives de la Corporation etablies dans le budget adopte pour l'annee precedente et faisant etat egalement du total des sommes empruntees pendant l'annee courante et les annees precedentes qui n'ont pas ete remboursees; 4. le commissaire aux finances soit, par les presentes, ordonne et autorise d'appliquer au paiement de toutes les sommes empruntees a la Banque, avec interets, les sommes pergues ou regues en acompte ou realisees a 1'egard des taxes foncieres prelevees pour l'annee courante et pour les annees precedentes, et toutes les sommes pergues ou regues de toute autre source; 5. The City of Saint John puisse negocier un contrat de credit renouvelable pour le financement provisoire des depenses en immobilisations jusqu'a concurrence de 12 000 000 $, aux fins de financement provisoire des depenses en immobilisations, et que le commissaire aux finances soit autorise a emprunter a la Banque une somme allant jusqu'au maximum fixe; 6. deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le controleur ou le controleur adjoint, soient autorisees a signer au nom de la Corporation et a fournir a la Banque, a tout moment, un ou des billets a ordre, revetus du sceau de la Corporation, pour la ou les sommes ainsi empruntees avec interets au taux que la Banque determine periodiquement; 92 -858 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 7. deux des personnes suivantes, soit le commissaire aux finances, le directeur general adjoint, le controleur ou le controleur adjoint, soient autorisees a signer au nom de la Corporation et a fournir a la Banque une ou plusieurs conventions, revetues du sceau de la Corporation, prevoyant le remboursement a la Banque de toutes les sommes devant titre versees par la Banque au titre de chaque billet a ordre de la Corporation garanti par la Banque avec interets au taux que la Banque determine periodiquement et le paiement d'une commission de garantie a I'egard de chaque billet a ordre au taux que la Banque determine periodiquement. 5.2 Que la lettre de demande d'aide financiere de Craig Allen, coordonnateur de 1'evenement Compte a rebours de la fete du Canada, soit transmise au directeur general. 5.3 Que la lettre reque de Eric Teed concernant les restrictions de la croissance effrenee dans le centre de la ville, y compris la peninsule et le quartier ouest, soit acceptee a titre informatif. 5.4 Que la lettre reque du Mispec Park Recreation Committee, concernant les chiens non attaches a la plage Mispec et reclamant une modification de I'arrete relatif aux animaux, soit transmise au directeur general. 5.5 Que la lettre reque de Bill Brienza, concernant la circulation des camions sur la rue Richmond et les dommages causes a son batiment, soit transmise au directeur general. 5.6 QUE le rapport presente par le Bureau des commissaires de la police de Saint John concernant le budget annuel du corps de police de Saint John pour la periode se terminant le 31 decembre 2006, conformement a I'article 7(3) de la Loi sur la police du Nouveau - Brunswick, soit accepte a titre informatif. 5.7 Que, comme le recommande le directeur general, le contrat no 2007 -24, relatif a la refection du boulevard MacLaren (depuis I'avenue Taylor jusqu'au chemin Sandy Point), soit accorde au soumissionnaire moins - disant, Fairville Construction Ltd., au prix offert de 813 038 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.8 Que, comme le recommande le directeur general, le contrat no 2007 -22, relatif aux travaux de renouvellement des vannes et du bassin de la rue Marsh, soit accorde au soumissionnaire moins - disant, Fairville Construction Ltd., au prix offert de 366 834,30 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.9 Que, comme le recommande le directeur general, le contrat no 2007 -2, relatif a la deuxieme etape du nettoyage et du revetement de la conduite d'eau principale, soit accorde au soumissionnaire moins - disant Alltech Solutions Inc., au prix offert de 950 275 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.10 Que, comme le recommande le directeur general, le contrat no 2007 -30, relatif a la pose d'enduit superficiel pour 2007, soit accorde au soumissionnaire moins - disant, Industrial Cold Milling, au prix offert de 121 300 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. 5.11 Que, comme le recommande le directeur general, le conseil communal nomme un maiire de ceremonie pour I'ouverture officielle de I'Installation de traitement des eaux usees de Millidgeville qui aura lieu le 28 juin, et que le rapport presente soit accepte a titre informatif. 5.12 Que, comme le recommande le directeur general, The City of Saint John acquiere pour la somme de 1 $ une servitude, aux fins de services municipaux, sur une parcelle de terrain d'environ 844 metres carres (comme le montre de maniere generale le croquis presente), portant le NID 401539 et appartenant a F. Andrew Simpson Contracting Ltd., et ce, au plus tard le 31 decembre 2007. En echange de I'octroi de la servitude, : 1. la ville doit installer les canalisations secondaires d'eau potable, d'egouts et d'eaux pluviales les plus grosses disponibles sur les parcelles de terrain portant les NID 401539 92 -859 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 et 55155329 aux emplacements devant titre approuves par F. Andrew Simpson Contracting Ltd., dans le cadre du projet relatif au chemin Manawagonish; 2. la Ville doit reinstaller, au besoin, la perche de maintien de la ligne de transport d'electricite situee sur la parcelle de terrain portant le NID 401539 a un emplacement mutuellement acceptable, le cas echeant; 3. The City of Saint John assumera les frais afferents a tout plan de lotissement ainsi que les honoraires juridiques necessaires pour garantir la servitude; 4. le maire et le greffier communal seront autorises a signer toute documentation afferente au plan qui est requise pour conclure I'acquisition de la servitude. 5.13 Que, comme le recommande le directeur general, le conseil communal fixe la date d'une audience publique au lundi 16 juillet 2007, a 19 h, dans la salle du conseil, relativement a la demande de rezonage presentee par Pamela J. McDermott (Beltone Better Hearing Aid Centre) visant le 233, chemin Westmorland. 5.14 Que, comme le recommande le directeur general, la resolution modifiee adoptee par le conseil relative au contrat no MC 2005 -159 soit modifiee en supprimant les occurrences de la denomination sociale « 610257 N.B. Ltd. » et en les remplagant par « 621331 N.B. Ltd. », et que toutes les autres dispositions de la resolution demeurent intactes. Proposition du conseiller White Appuyee par le conseiller Court RESOLU que les recommandations visant chaque point de la section Questions soumises a I'approbation du conseil soient adoptees. A ('issue 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 11.4 Moto Cross Race Track West Side Consideration was given to a letter from Councillor Court regarding concerns citizens have over the establishment of a moto -cross race track, which causes noise, dust and safety issues related to parking on the highway on the west side of the city. The Mayor advised that there are discussions taking place with staff and citizens, and that city staff will investigate the matter further with regard to the Zoning By -law . 11.4 Piste de moto -cross dans le quartier ouest Examen d'une lettre presentee par le conseiller Court concernant les preoccupations qu'ont les citoyens relativement a 1'etablissement d'une piste de moto -cross qui provoque du bruit, de la poussiere et des problemes de securite qui sont lies au stationnement sur la route situee a l'ouest de la ville. Le maire indique que des discussions ont lieu entre le personnel et les citoyens, et que le personnel de la Ville poussera son examen plus loin en ce qui a trait a 1'arrete sur le zonage. 10. Consideration of By -laws 10.1 Public Presentation Proposed Municipal Plan Amendment 1265 -1285 Loch Lomond Road 92 -860 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 A Public Presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan, from Low Density Residential to Approved Light Industrial Development classification, a parcel of land with an area of approximately 1.49 hectares, located at 1265 -1285 Loch Lomond Road, also identified as being PID Number 55054514 to permit an auto body and paint, or repair shop, car sales lot, repair garage, business offices and /or retail stores. 10. Etude des arretes municipaux 10.1 Presentation publique sur le projet de modification du plan municipal relatif au 1265 -1285, chemin Loch Lomond Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier I'annexe 2 -A du plan afin de faire passer une parcelle de terrain d'une superficie approximative de 1,49 hectare, situee au 1265 -1285, chemin Loch Lomond et portant le NID 55054514, de zone residentielle de faible densite a zone d'industrie legere a titre de developpement approuve en vue de permettre 1'exploitation d'un atelier de debosselage et de peinture, d'un atelier de reparation, d'une concession d'automobiles, d'un garage de reparation, des bureaux d'affaires ou des magasins de detail. 10.2 Public Presentation Proposed Municipal Plan Amendment — 326 -336 Latimore Lake Road A Public Presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan, from Unserviced Residential to Approved Heavy Industrial Development classification, a parcel of land with an area of approximately 4660 square metres, located at 326 -336 Latimore Lake Road, also identified as being PID Numbers 00333153 and 00334862 to permit a scrap metal recycling business. 10.2 Presentation publique sur le projet de modification du plan municipal relatif au 326 -336, chemin Latimore Lake Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier I'annexe 2 -A du plan afin de faire passer une parcelle de terrain d'une superficie approximative de 4 660 metres carres situee au 326 -336, chemin Latimore Lake et portant les NID 00333153 et 0033486, de zone residentielle non amenagee a zone d'industrie lourde a titre de developpement approuve en vue de permettre 1'exploitation d'une entreprise de recyclage de la ferraille. 10.3 Public Presentation Proposed Municipal Plan Amendment — 50 Technology Drive A Public Presentation was made of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan, from Medium Density Residential to Business Park classification, a parcel of land with an area of approximately 6740 square metres, located at 50 Technology Drive, also identified as being PID Numbers 00051953 and 55183453 to permit the development of a business office. 10.3 Presentation publique sur le projet de modification du plan municipal relatif au 50, promenade Technology Une presentation publique a eu lieu relativement a la modification proposee du plan d'amenagement municipal visant a modifier I'annexe 2 -A du plan afin de faire passer une parcelle de terrain d'une superficie approximative de 6 740 metres carres situee au 50, promenade Technology et portant les NID 00051953 et 55183453, de zone residentielle de densite moyenne a zone de parc commercial en vue de permettre I'amenagement d'un bureau commercial. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Re- Zoning By -law Amendment — 37 Golden Grove Road 9.1(b) Planning Advisory Committee Report 92 -861 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 37 Golden Grove Road having an area of approximately 5500 square metres, also identified as being PID Number 55183958, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification to undertake a commercial development consisting of a strip mall and expansion to an existing car wash. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re -zone a parcel of land located at 37 Golden Grove Road as described above, with Section 39 conditions. 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 Rick Turner on behalf of the applicant, supporting the proposed re- zoning. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 37 Golden Grove Road, having an area of approximately 5500 square metres, also identified as being PID Number 55183958, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification, 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 Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 37 Golden Grove Road, having an area of approximately 5500 square metres, also identified as being PID Number 55183958, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete sur le zonage visant le 37, chemin Golden Grove 9.1b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 37, chemin Golden Grove, d'une superficie approximative de 5 500 metres carres et inscrite sous le NID 55183958, pour faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », afin d'entreprendre un projet d'amenagement commercial, a savoir la construction d'un centre commercial lineaire et I'agrandissement d'un lave -auto existant. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, pendant laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain situee au 37, chemin Golden Grove, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. 92 -862 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui au projet de rezonage, ce que fait Rick Turner, au nom du demandeur. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 37, chemin Golden Grove, d'une superficie approximative de 5 500 metres carres et inscrite sous le NID 55183958, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 37, chemin Golden Grove, d'une superficie approximative de 5 500 metres carres et inscrite sous le NID 55183958, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». 9.2(a) Proposed Section 39 Amendment — 8 -14 Simpson Drive 9.2(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the Section 39 Conditions imposed on the August 24, 1998 re- zoning of the property located at 8 -14 Simpson Drive, also identified as PID Numbers 00300384 and 55066666, to permit a revised proposal. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to amend the Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed Section 39 Amendment with no one presenting. The Mayor called for members of the public to speak in favor of the proposed Section 39 Amendment with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Council approve the proposed amendment to the Section 39 Conditions imposed on the August 24, 1998 re- zoning of the property located at 8 -14 Simpson Drive, also identified as PID Numbers 00300384 and 55066666, to permit an approximate 222 square meters expansion to an existing car wash facility. Question being taken, the motion was carried. 92 -863 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 9.2a) Projet de modification des conditions imposees par I'article 39 visant le 8- 14, promenade Simpson 9.2b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement a la modification proposee aux conditions imposees par I'article 39, le 24 aout 1998, relativement au rezonage de la propriete situee au 8 -14, promenade Simpson, inscrite sous les NID 00300384 et 55066666, afin de permettre la presentation d'une offre revisee. Le conseil a egalement examine un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du personnel, voulant que le conseil communal procede a la modification des conditions susmentionnees imposees par I'article 39. Le maire invite le public a se prononcer contre la modification proposee en vertu de I'article 39, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur de la modification proposee, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le conseil approuve la modification proposee aux conditions imposees par I'article 39, le 24 aout 1998, relativement au rezonage de la propriete situee au 8 -14, promenade Simpson, inscrite sous les NID 00300384 et 55066666, afin de permettre I'agrandissement d'un lave -auto existant sur une superficie d'environ 222 metres carres. A ('issue du vote, la proposition est adoptee. 9.3(b) Proposed Zoning By -law Amendment — 69 Russell Street 9.3(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 69 Russell Street having an area of approximately 1650 square metres, also identified as being PID Number 55180723, from "B -2" General Business and "RM -1" Three Storey Multiple Residential to "SZ -22" Special Zone #22 classification by adding to the list of zones in Section 30(1) and adding Section 740(22) to permit the existing restaurant to be licensed as a lounge, and to permit a car sales lot. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re -zone a parcel of land located at 69 Russell Street as described above, with Section 39 conditions. 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 Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 69 Russell Street having an area of approximately 1650 square metres, also identified as being PID Number 55180723, from "B -2" General Business and "RM -1" Three Storey Multiple Residential to "SZ -22" Special Zone classification, by adding to the list of zones in Section 30(1) and adding Section 740(22), be read a first time. Question being taken, the motion was carried. 92 -864 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 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 Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 69 Russell Street having an area of approximately 1650 square metres, also identified as being PID Number 55180723, from "B -2" General Business and "RM -1" Three Storey Multiple Residential to "SZ -22" Special Zone classification, by adding to the list of zones in Section 30(1) and adding Section 740(22), be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9.3b) Projet de modification de I'arrete sur le zonage visant le 69, rue Russell 9.3b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 69, rue Russell, d'une superficie d'environ 1 650 metres carres et portant le NID 55180723, afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » et de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone speciale n° 22 « SZ -22 » en les ajoutant a la liste des zones inscrite aux articles 30 (1) et 740 (22) afin de permettre au restaurant existant d'etre designe salon -bar ainsi que I'amenagement d'une concession d'automobiles. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, pendant laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain situee au 69, rue Russell, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. 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 Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 1 650 metres carres, situee au 69, rue Russell et portant le NID 55180723 afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » et de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone speciale n° 22 « SZ -22 » en les ajoutant a la liste des zones inscrite aux articles 30 (1) et 740 (22), fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 1 650 metres carres, situee au 69, rue Russell et portant le NID 55180723 afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » et de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone speciale n° 22 « SZ -22 » en les ajoutant a la 92 -865 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 liste des zones inscrite aux articles 30 (1) et 740 (22), fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete sur le zonage de The City of Saint John ». 9.4(a) Proposed Section 39 Amendment — 400 Main Street 9.4(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the Section 39 Conditions imposed on the July 3, 1973 re- zoning of the property located at 400 Main Street, also identified as PID Number 208, to permit additional fascia signage. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to amend the Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed Section 39 Amendment with no one presenting. The Mayor called for members of the public to speak in favor of the proposed Section 39 Amendment with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor Chang RESOLVED that Council approve the proposed amendment to the Section 39 Conditions imposed on the July 3, 1973 re- zoning of the property located at 400 Main Street, also identified PID Number 208, to permit additional fascia signage . Question being taken, the motion was carried. 9.4a) Modification proposee aux conditions imposees par I'article 39 visant le terrain situe au 400, rue Main 9.4b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement a la modification proposee aux conditions imposees par I'article 39, le 3 juillet 1973, relativement au rezonage de la propriete situee au 400, rue Main, inscrite sous le NID 208, afin de permettre l'ajout de panneaux poses a plat sur les murs. Le conseil a egalement examine un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du personnel, voulant que le conseil communal procede a la modification des conditions susmentionnees imposees par I'article 39. Le maire invite le public a se prononcer contre la modification proposee en vertu de I'article 39, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur de la modification proposee, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Chang RESOLU que le conseil approuve la modification proposee aux conditions imposees par I'article 39, le 3 juillet 1973, relativement au rezonage de la propriete situee au 400, rue Main, inscrite sous le NID 208, afin de permettre l'ajout de panneaux poses a plat sur les murs. A ('issue du vote, la proposition est adoptee 92 -866 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 9.5(a) Proposed Zoning By -law Amendment — 10 Culloden Court 9.5(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 10 Culloden Court having an area of approximately 133 square metres, also identified as being a portion of PID Number 00017897, from "RM -2" High Rise Multiple Residential to "IL -1" Neighbourhood Institutional classification to permit a transition house with six temporary residents and staff. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re -zone a parcel of land located at 10 Culloden Court as described above, with Section 39 conditions. 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 Betty MacDonald, Executive Director of the transition house supporting the application. On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 10 Culloden Court having an area of approximately 133 square metres, also identified as being a portion of PID Number 00017897, from "RM -2" High Rise Multiple Residential to "IL -1" Neighbourhood Institutional classification, 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 White Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 10 Culloden Court having an area of approximately 133 square metres, also identified as being a portion of PID Number 00017897, from "RM -2" High Rise Multiple Residential to "IL -1" Neighbourhood Institutional classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9.5a) Projet de modification de I'arrete sur le zonage visant le 10, impasse Culloden 9.5b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 10, impasse Culloden, d'une superficie approximative et 133 metres carres et inscrite sous le NID 00017897 afin de faire passer la classification s'y rapportant de zone d'immeubles -tours a logements multiples « RM -2 » a zone de quartier a vocation collective « IL -1 », en vue de permettre I'etablissement d'une maison de transition hebergeant six residents temporaires et son personnel. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, pendant laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain situee au 10, impasse Culloden, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. 92 -867 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui au projet de rezonage, ce que fait Betty MacDonald, directrice generale de la maison de transition. Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 133 metres carres, situee au 10, impasse Culloden et inscrite sous le NID 00017897, en vue de faire passer la classification s'y rapportant de zone d'immeubles -tours a logements multiples « RM -2 » a zone de quartier a vocation collective « IL -1 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 133 metres carres, situee au 10, impasse Culloden et inscrite sous le NID 00017897, en vue de faire passer la classification s'y rapportant de zone d'immeubles -tours a logements multiples « RM -2 » a zone de quartier a vocation collective « IL -1 », fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». 9.6(a) Proposed Section 39 Amendment — 100 Prince Edward Street 9.6(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the Section 39 Conditions imposed on May 8, 1972 in conjunction with the "ID" Integrated Development zoning of Prince Edward Square also identified as PID Number 55158133, to permit signage for the YMCA - YWCA's new location. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to amend the Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed Section 39 Amendment with no one presenting. The Mayor called for members of the public to speak in favor of the proposed Section 39 Amendment with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Council approve the proposed amendment to the Section 39 Conditions imposed on May 8, 1972 in conjunction with the "ID" Integrated Development zoning of Prince Edward Square, also identified PID Number 55158133. Question being taken, the motion was carried. 9.6a) Modification proposee aux conditions imposees par I'article 39 visant le terrain situe au 100, rue Prince Edward 9.6b) Rapport du Comite consultatif d'urbanisme 92 -868 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 Le greffier communal indique que les avis requis ont ete publies relativement a la modification proposee aux conditions imposees par I'article 39, le 8 mai 1972, relativement au zonage de developpement integre « ID » de Prince Edward Square, portant le NID 55158133, pour permettre la mise en place de panneaux d'affichage pour les nouveaux locaux du YMCA -YWCA. Le conseil a egalement examine un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du personnel, voulant que le conseil communal procede a la modification des conditions susmentionnees imposees par I'article 39. Le maire invite le public a se prononcer contre la modification proposee en vertu de I'article 39, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur de la modification proposee, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le conseil approuve la modification proposee aux conditions imposees par I'article 39, le 8 mai 1972, relativement au zonage de developpement integre « ID » de Prince Edward Square, portant le NID 55158133. A I'issue du vote, la proposition est adoptee. 9.7(a) Proposed Zoning By -law Amendment — 921 Ashburn Road 9.7(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 921 Ashburn Road having an area of approximately 4000 square metres, also identified as being a portion of PID Number 296673, from "RF" Rural to 1 -1" Light Industrial classification to permit a warehouse. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re -zone a parcel of land located at 921 Ashburn Road as described above, with Section 39 conditions. 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 Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 921 Ashburn Road having an area of approximately 4000 square metres, also identified as being a portion of PID Number 296673, from "RF" Rural to 1 -1" Light Industrial classification, 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 Court Seconded by Councillor White RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 921 Ashburn Road having an area of approximately 4000 square metres, also 92 -869 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 identified as being a portion of PID Number 296673, from "RF" Rural to 14' Light Industrial classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9.7a) Projet de modification de I'arrete sur le zonage visant le 921, chemin Ashburn 9.7b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 921, chemin Ashburn, d'une superficie approximative de 4 000 metres carres et inscrite sous le NID 296673, pour faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie legere « 1 -1 », afin de permettre I'amenagement d'un entrepot. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, pendant laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain situee au 921, chemin Ashburn, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. 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 de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 4 000 metres carres, situee au 921, chemin Ashburn et portant le NID 296673, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie legere « 1 -1 », fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 4 000 metres carres, situee au 921, chemin Ashburn et portant le NID 296673, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie legere « 1 -1 », fasse I'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete sur le zonage de The City of Saint John ». 9.8(a) Proposed Zoning By -law Amendment — 937 Hillcrest Road 9.8(b) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 937 Hillcrest Road having an area of approximately 5490 square metres, also identified as being a portion of PID Number 55090526, from "RS -1" One and Two Family Suburban Residential to "B -2" General 92 -870 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 Business classification to permit a motorcycle repair garage on the same property as the applicant's residence. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 12, 2007 meeting at which the Committee decided to recommend denial as set out in the staff recommendation, to re -zone a parcel of land located at 937 Hillcrest Road as described above. The Mayor called for members of the public to speak against the re- zoning with Hillcrest Road residents, Glen Filmore and Joe Speight, objecting to the residential area being compromised, possible increased traffic and possible decrease in the value of residents' properties. The Mayor called for members of the public to speak in favour of the re- zoning with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the application to re -zone a parcel of land located at 937 Hillcrest Road having an area of approximately 5490 square metres, also identified as being a portion of PID Number 55090526, from "RS -1" One and Two Family Suburban Residential to "B -2" General Business classification, be denied. Question being taken, the motion was carried. 9.8a) Projet de modification de I'arrete sur le zonage visant le 937, chemin Hillcrest 9.8b) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 937, chemin Hillcrest, d'une superficie approximative de 5 490 metres carres et inscrite sous le NID 55090526, pour faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone commerciale generale « B -2 » afin de permettre 1'exploitation d'un garage de reparation de motocyclettes sur la meme propriete que la residence du demandeur. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 12 juin 2007, a laquelle le comite a resolu de recommander le rejet de la proposition, comme le souligne la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain situee au 937, chemin Hillcrest. Le maire invite le public a exprimer son opposition au projet de rezonage : Glen Filmore et Joe Speight, tous deux residents du chemin Hillcrest, s'opposent au projet car ils craignent que la zone residentielle ne soit compromise, qu'il y ait une augmentation possible de la circulation et une diminution possible de la valeur des proprietes des residents. Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que la demande de rezonage d'une parcelle de terrain situee au 937, chemin Hillcrest, d'une superficie approximative de 5 490 metres carres et inscrite sous le NID 55090526, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone commerciale generale « B -2 », soit rejetee. A ('issue du vote, la proposition est adoptee. 11. Submissions by Council Members 92 -871 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 11.1 Pedestrian Walkways On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the creation of pedestrian walkways in the uptown be referred to the City Manager, consulting with Uptown Saint John, to study this matter and report back to Council in one month. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Voies pietonnieres Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU que la question de I'amenagement de voies pietonnieres au centre -ville soit transmise au directeur general, en consultation avec Uptown Saint John, afin qu'il etudie cette question et presente un rapport au conseil dans un mois. A ('issue du vote, la proposition est adoptee. 11.2 Need for Repairs at Loyalist House On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the City Manager be directed to contact a representative of the New Brunswick Historical Society and determine what amount is required to cover the cost of the required work at Loyalist House, and that based on this discussion, the City commit an amount up to $5,000. to assist in that cost. Question being taken, the motion was carried. 11.2 Travaux de reparation exiges a 1'edifice Loyalist House Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que le directeur general soit charge de communiquer avec un representant de la New Brunswick Historical Society et de determiner le montant necessaire pour couvrir le cout des travaux requis a 1'edifice Loyalist House et, qu'a la suite de ces discussions, la Ville s'engage a remettre une somme pouvant aller jusqu'a 5 000 $ pour aider a payer ces frais. A ('issue du vote, la proposition est adoptee. 11.3 Wearing Red Ribbons on Fridays On motion of Councillor Court Seconded by Councillor White RESOLVED that Council support the initiative to wear red ribbons on Fridays in support of Canadian troops serving overseas, and write to the five Mayors of surrounding communities, with copies to the Prime Minister and the Premier, asking for their support and that the Mayors read the letter at their Council meetings. Question being taken, the motion was carried. 11.3 Porter un ruban rouge le vendredi Proposition du conseiller Court Appuyee par le conseiller White RESOLU que le conseil soutienne ('initiative visant a porter des rubans rouges les vendredis pour signifier son appui aux soldats canadiens qui servent outre -mer et ecrive aux cinq maires des collectivites avoisinantes, avec copie au premier ministre du Canada et au premier ministre du Nouveau - Brunswick, pour leur demander leur soutien et pour qu'ils lisent la lettre lors de la reunion de leur 92 -872 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 conseil. A ('issue du vote, la proposition est adoptee. 11.5 Public Transit — Fuel Tax Rebate On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that Council send a letter to the Premier requesting that the Government of New Brunswick rebate the tax on fuel to the Municipal Transit Authorities. Question being taken, the motion was carried. 11.5 Remboursement de la taxe sur 1'essence pour le service de transport en commun Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que le conseil envoie une lettre au premier ministre du Nouveau - Brunswick reclamant que le gouvernement du Nouveau - Brunswick rembourse la taxe sur 1'essence aux autorites responsables des services de transport municipaux. A ('issue du vote, la proposition est adoptee. 11.6 Town Hall Meeting in Partnership with Ability Advisory Committee On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that the letter from Councillor McGuire thanking all who attended the Town Hall meeting with the Ability Advisory Committee, especially Mr. Paul Groody and Mr. Barry Freeze, who have provided the leadership needed to create this strong partnership, be received for information. Question being taken, the motion was carried. (Councillor Court withdrew from the meeting.) 11.6 Assemblee publique locale en partenariat avec I'Ability Advisory Committee [comite consultatif sur les personnes habiles] Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU que la lettre du conseiller McGuire, dans laquelle it remercie toutes les personnes qui ont participe a I'assemblee publique locale en compagnie de I'Ability Advisory Committee, surtout MM. Paul Groody et Barry Freeze, qui ont fait preuve du leadership necessaire pour creer ce partenariat solide, soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. (Le conseiller Court quitte la reunion.) 12. Business Matters - Municipal Officers 12.1 Proposed Rezoning — 85 Hayes Avenue Consideration was given to a report from the City Manager, the matter having been referred to the City Manager to meet with area residents, advising that there did not appear to be any common middle ground from which to draft a list of acceptable conditions that would enable the property to be re -zoned yet suitably address the issues raised by the residents. 92 -873 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the application for re- zoning of a parcel of land located at 85 Hayes Avenue, having an area of approximately 2100 square metres, also identified as being PID Number 00408666, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification, be denied. Question being taken, the motion was carried. (Councillor Court re- entered the meeting.) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Projet de rezonage relatif au 85, avenue Hayes Examen d'un rapport du directeur general (I'affaire ayant ete transmise au directeur general afin qu'il rencontre les residents du quartier) dans lequel it indique qu'il ne semble pas y avoir un terrain d'entente intermediaire a partir duquel it serait possible de dresser une liste des conditions acceptables qui permettrait le rezonage de la propriete tout en trouvant des solutions appropriees aux problemes souleves par les residents. Proposition du conseiller Ferguson Appuyee par la mairesse suppleante Hooton RESOLU que la demande de rezonage d'une parcelle de terrain situee au 85, avenue Hayes, d'une superficie approximative de 2 100 metres carres et inscrite sous le NID 00408666, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », soit rejetee. A ('issue du vote, la proposition est adoptee. (Le conseiller Court se joint de nouveau a la reunion.) 12.2 Town Hall Meeting — Disability Awareness On motion of Councillor Ferguson Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council recognize the work of the Saint John Ability Advisory Committee, endorse the submitted measures outlined herein, and the submitted report be received for information. Question being taken, the motion was carried. 12.2 Assemblee publique locale visant la sensibilisation a la situation des personnes handicapees Proposition du conseiller Ferguson Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal reconnaisse le travail effectue par le Saint John Ability Advisory Committee et appuie les mesures enoncees aux presentes, et que le rapport presente soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.3 Understanding the Need for Safe, Clean Drinking Water On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council lead the public dialogue on understanding the need for safe, clean drinking water and that the submitted report be received for information. Question being taken, the motion was carried. 92 -874 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 12.3 Reconnaissance des besoins en matiere d'eau potable propre et salubre Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general, le conseil communal pilote le processus de dialogue public sur la reconnaissance des besoins en matiere d'eau potable propre et salubre, et que le rapport presente soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.4 Award of Contract for Design of Skate Park On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that as recommended by the City Manager, the proposal submitted by New Line Skate Parks Ltd. for the consultation, design and construction of a new skateboard park in accordance with the proposal call, their subsequent proposal submission and the available budget funding be accepted, and further that the Mayor and Common Clerk be authorized to sign the necessary contract documents on behalf of The City of Saint John. Question being taken, the motion was carried. 12.4 Octroi du contrat relatif a la conception du planchodrome Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general, la proposition presentee par 1'entreprise New Line Skate Parks Ltd. relative a la consultation, a la conception et a la construction afferentes au nouveau planchodrome, conformement a I'appel d'offres, sa proposition subsequente et les fonds prevus dans le budget soient acceptes, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires au nom de The City of Saint John. A ('issue du vote, la proposition est adoptee. 12.5 Retail Drive Upgrades On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council: 1. Consider the request made by the developer of East Point Shopping Centre for upgrades to Retail Drive as detailed in the submitted letter to the City Manager. 2. Approve funding in the amount of $31,500. as the contribution towards the developer installing decorative light standards, the said amount being the estimated cost to install standard aluminum cobra light standards 3. Approve funding in the amount of $37,500. for the installation of 84 autumn blaze maple trees and 20 evergreen trees by the developer within the Retail Drive street right of way and further; 4. Approve the concept of the installation of decorative light standards along Ashburn Lake Road when it is reconstructed between Route 1 and Rothesay Avenue in the future to match the decorative lights standards along Retail Drive if installed by the developer. The Deputy Mayor proposed an amendment which was seconded by Councillor McGuire to change the amount in item number 2 from $31,500. to $71,645. Question being taken, the motion as amended was carried with Councillors Court, Farren, Ferguson, Tait, and Titus voting nay. 92 -875 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, Common Council: 1. Consider the request made by the developer of East Point Shopping Centre for upgrades to Retail Drive as detailed in the attached letter to the City Manager. 2. Approve funding in the amount of $71,645. as the contribution towards the developer installing decorative light standards, the said amount being the estimated cost to install standard aluminum cobra light standards 3. Approve funding in the amount of $37,500. for the installation of 84 autumn blaze maple trees and 20 evergreen trees by the developer within the Retail Drive street right of way and further; 4. Approve the concept of the installation of decorative light standards along Ashburn Lake Road when it is reconstructed between Route 1 and Rothesay Avenue in the future to match the decorative lights standards along Retail Drive if installed by the developer. Question being taken, the motion as amended was carried with Councillors Court, Farren, Ferguson, Tait, and Titus voting nay. On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that the request made by the developer of East Point Shopping Centre for upgrades to Retail Drive as detailed in the submitted letter to the City Manager be approved to go to the tendering process. Question being taken, the motion was defeated with all Council members voting nay with the exception of the mover, seconder and Councillor Court. 12.5 Travaux de modernisation sur la promenade Retail Proposition du conseiller Tait Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le conseil communal : 1. examine la demande du promoteur du centre commercial East Point ayant trait aux travaux de modernisation de la promenade Retail, comme le precise la lettre presentee au directeur general; 2. approuve les fonds au montant de 31 500 $, a titre de contribution pour ('installation de lampadaires decoratifs de la part du promoteur; ledit montant represente le coot approximatif de ('installation de lampadaires « cobras » (orientes vers le bas) en aluminium standard; 3. approuve les fonds au montant de 37 500 $ pour ('installation de 84 erables, dont la coloration est flamboyante a l'automne (autumn blaze) et de 20 arbres a feuillage persistant par le promoteur sur le droit de passage de la promenade Retail; 4. approuve le concept d'installation des lampadaires decoratifs le long du chemin Ashburn Lake lors de sa refection future, entre la route 1 et ('avenue Rothesay, pour qu'ils soient identiques aux lampadaires decoratifs le long de la promenade Retail, dans 1'eventualite ou ces derniers seraient installes par le promoteur. La mairesse suppleante presente une modification a la proposition, appuyee par le conseiller McGuire, visant a changer le montant indique a I'article no 2, soit 31 500 $ pour le remplacer par 71 645 $. A ('issue du vote, la proposition ainsi modifiee est adoptee. Les conseillers Court, Farren, Ferguson, Tait et Titus votent contre la proposition. Proposition du conseiller Tait Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur 92 -876 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 general, le conseil communal : 1. examine la demande du promoteur du centre commercial East Point ayant trait aux travaux de modernisation de la promenade Retail, comme le precise la lettre ci- jointe adressee au directeur general; 2. approuve les fonds au montant de 71 645 $, a titre de contribution pour ('installation de lampadaires decoratifs de la part du promoteur; ledit montant represente le coot approximatif de ('installation de lampadaires « cobras » (orientes vers le bas) en aluminium standard; 3. approuve les fonds au montant de 37 500 $ pour ('installation de 84 erables, dont la coloration est flamboyante a I'automne (autumn blaze) et de 20 arbres a feuillage persistant par le promoteur sur le droit de passage de la promenade Retail; 4. approuve le concept d'installation des lampadaires decoratifs le long du chemin Ashburn Lake lors de sa refection future, entre la route 1 et I'avenue Rothesay, pour qu'ils soient identiques aux lampadaires decoratifs le long de la promenade Retail, dans 1'eventualite ou ces derniers seraient installes par le promoteur. A I'issue du vote, la proposition ainsi modifiee est adoptee. Les conseillers Court, Farren, Ferguson, Tait et Titus votent contre la proposition. Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que la demande du promoteur du centre commercial East Point ayant trait a la presentation de soumissions relatives aux travaux de modernisation de la promenade Retail, comme le precise la lettre presentee au directeur general, soit approuvee. A I'issue du vote, la proposition est rejetee. Tous les conseillers votent contre la proposition, a 1'exception de I'auteur, de I'appuyeur et du conseiller Court. 12.6(a) Contract 2007 -32 Red Head Road Sanitary Forcemain 12.6(b) Contract 2007 -32 — Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, and notwithstanding that Voyager Properties Limited will provide to the City only a license to place and maintain upon the company's property materials designed to stabilize the slope along the western side of Red Head Road, and in the interest of limiting the risk of failure of the section of the Red Head Road in question together with the associated public safety concerns, Contract 2007 -32: Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction be awarded to the low tenderer, Fairville Construction Ltd, at the tendered price of $3,695.480. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents, and further, BE IT RESOLVED that the City accept the letter from Voyager Properties Limited granting a licence to The City of Saint John to place and maintain material along specific sections of the Red Head Road as shown hatched on the sketch attached to submitted correspondence from the City Manager addressed to Common Council and dated June 14, 2007. Question being taken, the motion was carried. 12.6a) Contrat no 2007 -32 relatif a la conduite de refoulement sanitaire du chemin Red Head 12.6b) Contrat no 2007 -32 relatif aux travaux visant la conduite de refoulement sanitaire, les conduites d'eau et d'egouts, la stabilisation de la pente et la refection du chemin Red Head 92 -877 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 Proposition du conseiller White Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, le contrat no 2007 -32, relatif aux travaux visant la conduite de refoulement sanitaire, les conduites d'eau et d'egouts, la stabilisation de la pente et la refection du chemin Red Head, soit accorde au soumissionnaire moins - disant, Fairville Construction Ltd., au prix offert de 3 695 480 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires, nonobstant le fait que 1'entreprise Voyager Properties Limited ne fournira qu'un permis a la Ville pour mettre et entretenir le materiel sur la propriete de 1'entreprise qui a ete conqu pour stabiliser la pente le long du cote ouest du chemin Red Head et dans l'interet de reduire le risque d'echec lie au trongon du chemin Red Head en question et de repondre aux preoccupations connexes en matiere de securite publique. IL EST RESOLU que la Ville accepte la lettre de 1'entreprise Voyager Properties Limited dans laquelle 1'entreprise accorde un permis a The City of Saint John pour mettre et entretenir du materiel le long de trongons precis du chemin Red Head, comme le montrent les hachures sur le croquis joint a la correspondance presentee par le directeur general qui est adressee au conseil communal, en date du 14 juin 2007. A ('issue du vote, la proposition est adoptee. 13. Committee of the Whole Report 13.1 Appointments to Committees On motion of Councillor McGuire Seconded by Councillor White RESOLVED that Council approve the following appointments: Gary Williston (owner), Mack Tobias (licencee), Christine Saumure (citizen), Rita Parent (citizen) and Don LeBlanc (citizen) be appointed to the Saint John Taxi Advisory Committee for two year terms ending June 18, 2009. Lisa Keenan and Bob Manning be appointed to the Board of Saint John Energy for three year terms ending June 18, 2010. Question being taken, the motion was carried. 13. Rapport du comite plenier 13.1 Nominations aux comites Proposition du conseiller McGuire Appuyee par le conseiller White RESOLU que le conseil procede aux nominations suivantes : que Gary Williston (proprietaire), Mack Tobias ( licencie), Christine Saumure (citoyenne), Rita Parent (citoyenne) et Don LeBlanc (citoyen) soient nommes pour sieger au comite consultatif des chauffeurs de taxis de Saint John (Saint John Taxi Advisory Committee) pour un mandat de deux ans se terminant le 18 juin 2009; que Lisa Keenan et Bob Manning soient nommes pour sieger au conseil des commissaires de Saint John Energy pour un mandat de trois ans se terminant le 18 juin 2010. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 92 -878 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 18, 2007 /Le 18 JUIN, 2007 15. General Correspondence 15.1(a) Abel LeBlanc, MLA - Exhibition Association 15.1(b) Report from the City Solicitor - Exhibition Association Consideration was given to a letter from MLA, Abel LeBlanc and a Report from the City Solicitor regarding the Exhibition Association. The City Solicitor advised that there is no strict relationship between the Association and the City, except that each Council member is a member of the Association. On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that the City Manager and the City Solicitor meet with MLA Abel LeBlanc, Willard Jenkins, President, and Charles Swanton, Officer of the Association, to discuss the relationship between the Exhibition Association and the City and report back to Council at the next Council meeting. Question being taken, the motion was carried, with Councillors McGuire and Titus, voting nay. On motion of Councillor Ferguson Seconded by Councillor Court RESOLVED that Council ask the Provincial government to examine the Constitution and By -laws of the Exhibition Association to determine if it meets full accountability of a public operation. Question being taken, the motion was carried, with the Mayor, and Councillors McGuire, Tait, Titus and White voting nay. 15. Correspondance generale 15.1a) Abel LeBlanc, depute, relativement a I'association d'expositions 15.1 b) Rapport de I'avocat municipal relatif a I'association d'expositions Examen d'un lettre reque de M. Abel Leblanc, depute, et d'un rapport de l'avocat municipal concernant I'association d'expositions. L'avocat municipal indique qu'il n'y a aucun rapport strict entre I'association et la Ville, sauf que tous les membres du conseil sont membres de I'association. Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que le directeur general et l'avocat municipal rencontrent Abel Leblanc, depute, Willard Jenkins, president, et Charles Swanton, agent de I'association, afin de discuter de la relation entre I'association d'expositions et la Ville et de presenter un rapport au conseil lors de la prochaine seance du conseil. A ('issue du vote, la proposition est adoptee. Les conseillers McGuire et Titus votent contre la proposition. Proposition du conseiller Ferguson Appuyee par le conseiller Court RESOLU que le conseil demande au gouvernement provincial d'examiner la constitution et les reglements de I'association d'expositions afin de determiner s'ils repondent a la pleine responsabilisation de 1'exploitation d'un service public. A ('issue du vote, la proposition est adoptee. Le maire et les conseillers McGuire, Tait, Titus et White votent contre la proposition. 15.2 Letter from Mayor William Bishop of Rothesay re Funding for Multiplex Feasibility Analysis On motion of Councillor Farren Seconded by Councillor White RESOLVED that the letter from Mayor Bishop advising of a resolution of Rothesay Council to participate in a feasibility study for a 92 -879 COMMON COUNCIL /CONSEIL COMMUNAL JUEN 18, 2007 / *Le 18 JOIN, 2007 regional recreational complex, be received for information, and a letter of thanks be sent to Mayor Bishop. Question being taken, the motion was carried. 15.2 Lettre regue du maire William Bishop de Rothesay relative au financement de I'analyse de faisabilite visant le centre multiplex Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que la lettre du maire Bishop, indiquant que le conseil de Rothesay a adopte une resolution visant a participer a 1'etude de faisabilite afferente au complexe recreatif regional, soit acceptee a titre informatif, et qu'une lettre de remerciement soit envoyee au maire Bishop. A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 8:20 p.m. 16. Cloture de la seance Le maire declare que la seance est levee a 20 h 20. Mayor /maire Common Clerk /greffier communal Human Development Council Third Floor, City Market 47 Charlotte Street, P.O. Box 6125, Station A, Saint John, N.B. E2L 4R6 (506) 634 -1673 Fax (506) 636 -8543 INFO -line (506) 633 -4636 Email hdc@nbnet.nb.ca The Human Development Council co- ordinates and promotes social development in greater Saint John. - A UNITED WAY AGENCY - June 21, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Councillors: Re: SJYC request to present to Common Council I am writing to make a formal request for the Saint John Youth Cabinet to present an update on its work to Council. Respectfully Submitted, Kathryn Asher Human Development Council July 3, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors, Subject: Provision of Signing Services for the Deaf and Hard of Hearing Community At the April 10, 2007 meeting of Common Council, the following resolution was passed. "RESOLVED that Common Council investigate interpretation services for the deaf community with respect to Monday night Council meetings, and that this be referred to the Clerk for follow -up and implementation." The Clerk's Office investigated the possibility of implementing services for the deaf community with Rogers Communications and have been advised that the current version of Rogers' software does not allow for a picture within a picture which is required to show sign language. If the capability becomes available in the future, we will revisit the issue. Sincerely, J. Patrick Woods Common Clerk REPORT TO COMMON COUNCIL M & C — 2007 -211 29 June 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Allison Grounds Sports Field Upgrade BACKGROUND: f City of saint J1--oh iI Funds were identified in the 2007 Capital Budget for the upgrading and improvement of several Leisure Services related venues including the Allison Grounds. This particular project was broken down into three separate tender calls to reflect the various separate aspects of the project. Tenders for upgrading and replacement of the various field lighting requirements have been previously received, reviewed and awarded. This tender represents the actual improvements required for the various field surfaces necessary to meet the needs of the assorted sports activities that take place seasonally. In addition to these two, there is a third separate tender that addresses the need for public washroom facilities. ANALYSIS: Tenders closed on Wednesday June 13, 2007, with two companies responding to the City's call for public tenders by submitting bids. Staffs of the Leisure Services Department, Facilities Management and Materials and Fleet Management have reviewed both bids and have found them to be complete in every regard. A summary of the tenders is included for your information. Page Two FINANCIAL IMPLICATIONS: The total cost for this element of the Allison Grounds Sports Field Upgrade project, if awarded to the lowest bidder, will be $358,986.00. As previously stated funds to cover the cost of this project have been included in the 2007 Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by Gulf Operators Ltd., in the amount of $358,986.00, for the Allison Grounds Sports Field Upgrade, be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager City of Saint John Tender 2007-081801T Allison Grounds Sport Field Upgrade Tender Opening: 2:30 P.M., Wednesday, June 13, 2007 2 "d Floor Boardroom, 175 Rothesay Avenue Description : L. Halpin Excavating Gulf Operators Tender Price 537,840.60 358,986.00 * * Indicates recommendation REPORT TO COMMON COUNCIL M & C — 2007 -211 29 June 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Allison Grounds Sports Field Upgrade BACKGROUND: f City of saint J1--oh iI Funds were identified in the 2007 Capital Budget for the upgrading and improvement of several Leisure Services related venues including the Allison Grounds. This particular project was broken down into three separate tender calls to reflect the various separate aspects of the project. Tenders for upgrading and replacement of the various field lighting requirements have been previously received, reviewed and awarded. This tender represents the actual improvements required for the various field surfaces necessary to meet the needs of the assorted sports activities that take place seasonally. In addition to these two, there is a third separate tender that addresses the need for public washroom facilities. ANALYSIS: Tenders closed on Wednesday June 13, 2007, with two companies responding to the City's call for public tenders by submitting bids. Staffs of the Leisure Services Department, Facilities Management and Materials and Fleet Management have reviewed both bids and have found them to be complete in every regard. A summary of the tenders is included for your information. Page Two FINANCIAL IMPLICATIONS: The total cost for this element of the Allison Grounds Sports Field Upgrade project, if awarded to the lowest bidder, will be $358,986.00. As previously stated funds to cover the cost of this project have been included in the 2007 Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by Gulf Operators Ltd., in the amount of $358,986.00, for the Allison Grounds Sports Field Upgrade, be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager City of Saint John Tender 2007-085101T Construction of Washroom Facilities Tender Opening: 2:30 P.M., Wednesday, June 27, 2007 2 "d Floor Boardroom, 175 Rothesay Avenue * Indicates recommendation I.C.R. General Cossey Avondale Castle Rock Description Erb's Enterprises Contractors Corporation Construction Constructin Limited Services Tender Price $100,960.00 * $108,539.00 $124,200.00 $117,373.00 $133,000.00 * Indicates recommendation REPORT TO COMMON COUNCIL M & C 2007 -204 June 27, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: 2007 Water & Sewerage Utility Fund and General Fund Capital Program Adjustments PURPOSE 71r � I The City of Saint john The purpose of this report is to obtain Council's approval for proposed adjustments to the 2007 Water & Sewerage Utility Fund and General Fund Capital Programs. BACKGROUND Common Council approved the 2007 Water & Sewerage Utility Fund Capital Program on January 29, 2007 (M &C 2007 -17) and the 2007 General Fund Capital Program on January 15, 2007 (M &C 2007 -15). Adjustments to the Water & Sewerage Utility Fund Capital Program were approved on May 7, 2007 (M &C 2007 -130) and again on May 28, 2007 (M &C 2007 -161). ANALYSIS It is proposed to add one new project, increase the budget for two projects, decrease the budget for three projects and add a "City" share component to one project while maintaining the overall program envelope at the original level approved by Council. A project summary for each proposed revision to the 2007 Capital Program is attached to this report as Appendix "A." The tables on page 2 summarize the proposed adjustments to the 2007 Capital Programs. M & C 2007 -204 June 27, 2007 Page 2 2007 WATER & SEWERAGE UTILITY FUND CAPITAL PROGRAM ADJUSTMENTS Item Program Project Change Approved Proposed Amount Amount F Transportation Mountain Road — Street Increase $1,040,000 * (Other Water Service Pipeline Road East — Add City *(Other share share - A Needs Water Share -$860,000) $860,000) G Transportation Stabilization and Road Budget City Share - 0 City Share Reconstruction -$475,000 B Water Service Dunn Avenue — Water Increase $100,000 $125,000 Needs Budget Infrastructure Additional C Renewal — Dunn Avenue — Sanitary Project 0 $35,000 Sanitary D Infrastructure Loch Lomond Road — Decrease $690,000 $400,000 Renewal — Water Watermain Seals Budget E Infrastructure Manawagonish Road — Decrease $360,000 $115,000 Renewal — Water Water Budget TOTALS $1,150,000 $1,150,000 * The amounts contained in the brackets in the table are shown for information purposes only and are not included in the addition to arrive at the TOTALS. 2007 GENERAL FUND CAPITAL PROGRAM ADJUSTMENTS Item Program Project Change Approved Proposed Amount Amount F Transportation Mountain Road — Street Increase $1,040,000 $1,200,000 Reconstruction Budget Red Head Road — Slope Decrease G Transportation Stabilization and Road Budget $1,500,000 $1,340,000 Reconstruction TOTALS $2,540,000 $2,540,000 RECOMMENDATION It is recommended that Common Council approve the revisions to the 2007 Water & Sewerage Utility Fund and General Fund Capital Programs as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering M & C 2007 -204 June 27, 2007 Page 3 APPENDIX "A" REVISIONS TO 2007 WATER & SEWERAGE UTILITY FUND AND GENERAL FUND CAPITAL PROGRAMS PROJECT SUMMARIES The following revisions are proposed for the 2007 Capital Program: • Pipeline Road East — Water Transmission Main During the preliminary and detailed design stage of the Pipeline Road East project, it was determined that the scope of the project would have to be increased to include the following additional items of work: Ultrasonic flow transducers for flow measurement, 1050 mm diameter cross connection c/w butterfly valve between transmission mains `B" and "C ", security fencing /gates, parking lot improvements and landscaping. It is proposed to add a City share component to this project to allow this work to proceed with appropriate offsets identified in this report. When the project is completed staff will follow -up with the Province regarding finalizing "City share" and "Other share" components in accordance with the Gas Tax Funding Agreement for this project. • Dunn Avenue — Watermain Looping and Sanitary Sewer Upgrade During the preliminary and detailed design stage of the Dunn Avenue project, it was determined that the scope of the water component of the project would have to be increased to include for all the work necessary to loop the dead -end watermain. In addition, it was determined that a section of sanitary sewer required renewal as well. It is proposed to increase the budget for the water component of the project and to add a project to the Capital Program for sanitary sewer renewal. Offsets are identified in this report to cover these amounts. • Loch Lomond Road — Watermain Seals Tenders closed on May 9, 2007, for the Loch Lomond Road — Watermain Seals project. It was reported that there was a budget surplus available from this project. It is proposed to utilize the budget surplus to offset additional costs on other projects. • Manawa2onish Road — Watermain Tenders closed on May 15, 2007 for the Manawagonish Road project. It was reported that there was a budget surplus available from the watermain component of this project. It is proposed to utilize the budget surplus to offset additional costs on other projects. M & C 2007 -204 June 27, 2007 Page 4 APPENDIX "A" REVISIONS TO 2007 WATER & SEWERAGE UTILITY FUND AND GENERAL FUND CAPITAL PROGRAMS PROJECT SUMMARIES (CONTINUED) • Mountain Road — Street Reconstruction Tenders closed on June 26, 2007 for the Mountain Road project. An analysis has identified a budget shortfall associated with the project. Offsets are identified in this report to cover these amounts. • Red Head Road — Slope Stabilization and Road Reconstruction Tenders closed on May 9, 2007, for the Red Head Road project. It was reported that there was a budget surplus available from the slope stabilization and road reconstruction component of the project. It is proposed to utilize the budget surplus to offset additional costs on other projects. REPORT TO COMMON COUNCIL M & C 2007 -208 June 27, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Red Head Secondary Access Road — Inspection Services BACKGROUND 71r � I The City of Saint john On November 7, 2005 Council approved a Design Build Agreement between the City and Irving Oil (M &C 2005 -328) to construct a new road from the Old Black River Road to the Proud Road with an inter - connector to the Red Head Road. This new road was named in the Agreement as the Red Head Secondary Access Road. Under Section 7.4 of the Design Build Agreement, reasonable out of pocket expenses incurred by the City in retaining a professional engineer duly licensed in the Province of New Brunswick to monitor and supervise the Developer's performance of the DB Work shall be payable by the Developer to the City on a monthly basis. ANALYSIS The DB Work was scheduled to be completed prior to December 31, 2006. The estimated cost of engineering monitoring and supervision of the Developer's performance of the DB Work was expected to be approximately $115,000. Staff recommended the direct engagement of Terrain Group Inc. for this work and the consultant engagement was approved by Council on July 31, 2006 (M &C 2006 -219). Owing to the nature of the work and unforeseen circumstances, the contract will not be completed until August 1, 2007. The cost of engineering monitoring and supervision of the Developer's performance of the DB Work is now expected to total approximately $165,000.00 M & C 2007 -208 June 27, 2007 Page 2 FINANCIAL IMPLICATIONS All of the costs associated with engineering monitoring and supervision of the Developer's performance of the DB Work are reimbursable to the City from the Developer in accordance with the Design Build Agreement. RECOMMENDATION It is recommended that Common Council approve the increase in fees to be paid to Terrain Group Inc. for engineering inspection services for the Red Head Secondary Access Road project as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 -207 June 27, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: 71r � I The City of Saint john SUBJECT: Contract 2007 -34: Pipeline Road East at Latimer Lake New Transmission Mains and Chlorine Injection and Sampling Chambers BACKGROUND This Contract consists of a project that was approved in the 2007 Water & Sewerage Utility Fund Capital Program as follows: • Installation of approximately 270 in of new 1050 mm transmission main, 3 chlorine injection chambers and 3 chlorine sampling chambers, including design and construction management services. During the course of the design work, additional items of work were identified as necessary to complete the project and were included in the detailed design as follows: 1. Installation of 2 - Ultrasonic Flow Transducers attached inside of the 1050 mm transmission mains complete with power and communication cabling; 2. Installation of a 1050 mm diameter cross connection between Transmission Main `B" and Transmission Main "C" complete with 1050 mm butterfly valve; 3. Development of the existing site including chain link fencing and gates, construction and paving of parking lot and miscellaneous landscaping. M & C 2007 -207 June 27, 2007 Page 2 TENDER RESULTS Tenders closed on June 19, 2007 with the following results: 1) Fairville Construction Ltd., Saint John, NB $ 1,277,938.00 2) Galbraith Construction Ltd., Saint John, NB $ 1,398,408.00 The Engineer's estimate for the work was $1,185,698.00. 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. Staff have contacted the Province and advised them of the tender closing results and they have given their approval to proceed. FINANCIAL IMPLICATIONS The contract includes work that is charged against one capital work project, financed through a combination of Gas Tax Funds and City Funds, budgeted as follows: • City of Saint John $475,000.00 • Gas Tax Fund $860,000.00 TOTAL $1,335,000.00 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 the City and others. The analysis concludes that the anticipated completion cost of the work specified, incorporating the City's eligible HST rebate, is estimated to be $1,323,883.34: City of Saint John $209,835.40 Gas Tax Fund $1,114,047.94 TOTAL $1,323,883.34 Considering the Capital Program budget adjustments proposed in M &C 2007- 204, a financial analysis for this project concludes that a total amount of $1,335,000.00 was provided in the M & C 2007 -207 June 27, 2007 Page 3 budgets ($860,000.00 Gas Tax share and $475,000.00 City share) and that the projected completion cost of the Contract is estimated to be $1,323,883.34 including the City's eligible HST rebate — a $11,116.66 positive difference in the Water & Sewerage Utility Fund Capital Program (- $254,047.94 Gas Tax share and +$265,164.60 City share). Staff will seek approval from the Federal/Provincial/Municipal Relations Director for the Gas Tax Fund for additional funding in the amount of $254,047.94 and if successful staff will prepare a budget adjustment report increasing the Gas Tax share and reducing the City share accordingly. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -34: Pipeline Road East at Latimer Lake — New Transmission Mains and Chlorine Injection and Sampling Chambers be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,277,938.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 -214 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Uni- directional flushing BACKGROUND 71r � I The City of Saint john In 2005 and 2006 Saint John Water contracted with Aqua Data Atlantic on two (2) pilot projects to develop and execute uni- directional flushing sequences for the Lower West Side and the Fundy Heights /Sand Cove Road area of the City. The work included; modeling of the water distribution system, design of flushing sequences, on -site technical services to guide the execution of flushing sequences and the compilation of final reports PURPOSE The purpose of this report is to seek Council's approval to engage the services of Aqua Data Atlantic and expand the uni- directional flushing program. ANALYSIS The intent of these projects was to demonstrate the effectiveness of uni - directional flushing and gain some first hand experience with this scientific method of pipe cleaning. Uni - directional flushing uses optimum flow velocities to clean distribution piping in an efficient, effective, and measurable manner. The data collected also proves to be very revealing as to the condition of the water distribution infrastructure and supports decisions made on other programs such as pipe cleaning and lining. Uni - directional flushing is quickly becoming the standard for water utilities everywhere and future regulations may make this method mandatory. The growth of this program will demonstrate our commitment to improving water quality for the residents of Saint John and results from the previous pilot projects indicate a full implementation of the uni - directional method is warranted. The implementation of a system wide uni - directional flushing program would be more expensive over time if developed in sectors as in 2005 and 2006. To push this program forward, funding was included in the Water and Sewerage Utility's 2007 operating budget to service those areas previously designed and expand the program substantially. Based on the infrastructure data we have available Aqua Data Atlantic was requested to provide pricing for the entire water distribution system in West Saint John. M & C 2007 -214 June 29, 2007 Page 2 FINANCIAL IMPLICATIONS Aqua Data Atlantic has responded with a quote which is summarized as follows: Proposal from Aqua Data Atlantic SECTOR Component Lower West Side Fundy Heights /Sand Cove Road Balance of West Saint John Development of the hydraulic model and flushing sequences. (one time fee) Developed 2005 Developed 2006 $16,800 On -site techincal services to guide flushing sequences and collect data. Final report in print and .pdf format. $7,500 $7,500 $14,900 Annual update of the hydraulic model. Reprinting of the flushing maps and project books. • Applicable in 2008 $950 $900 $1,850.00 UNIDIRECTIONAL FLUSHING TOTAL for WEST SAINT JOHN $48,550 HST $6,797 GRAND TOTAL $55,347 The prices quoted for updating and executing the flushing sequences in the Lower West Side and the Fundy Heights area has remained unchanged since quoted in 2005 and 2006 respectively. RECOMMENDATION It is recommended that the quote from Aqua Data Atlantic in the amount of $48,550.00 (+ HST), be accepted for the proposed uni- directional flushing of the water distribution system in West Saint John. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 - 202 June 26, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT NO. 2007 -37: HOWES LAKE LANDFILL CLOSURE — PHASE IV BACKGROUND 71r � I The City of Saint john Included in the 2007 General Fund Environment Capital Budget is a project for the fourth phase of the closure of the former municipal landfill at Howes Lake. Contract 2007 -37 involves continuing with the installation of the low permeability cover (as shown on the attached figure.) The work consists generally of the supply of all labour, materials and equipment for the importing and placing of approximately 2,350 m3 of general grading material, 5,500 m3 of granular filter material, 8,250 m3 of clayey material, 825 m3 of riprap material, 17,600 m2 of topsoil and hydroseeding and other related work. TENDER RESULTS Tenders closed on June 20, 2007, with the following results: Galbraith Construction Ltd. $ 425,150.00 Saint John, NB 2. Debly Enterprises Ltd. $ 460,232.50 Saint John, NB 3. Gulf Operators Ltd. $ 528,249.00 Saint John, NB 4. L. Halpin Excavating Ltd. $ 540,502.50 Saint John, NB The Engineer's estimate for the work was $536,062.50. M & C 2007 - 202 June 26, 2007 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 This contract involves work that will be charged against the 2007 General Fund Capital Environment Budget. In addition to the contract work, $110,688 has been allocated for engineering services, to be provided by GEMTEC Limited, for 2007. These services include field inspection and project management services for Contract 2007 -37, as well as continued environmental monitoring of the site. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the work to be completed by the Contractor and the Engineering Consultant. The analysis concludes that a total amount of $600,000 was provided in the budget and the projected completion cost of the project is estimated to be $486,149.84 including the City's eligible HST rebate — a $113,850.16 positive difference. This phase of the closure project is to be cost shared 50% with the Province of New Brunswick. The Department of the Environment has sent written confirmation of the funding for 2007. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2007 -37, be awarded to the low tenderer, Galbraith Construction Ltd, at the tendered price of $425,150.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering SAINT JOHN REGIONAL HOSPITAL P� J� APPROXIMATE LIMITS OF LANDFILL WATER TOWER HOWES LAKE i EMS MUNICIPAL OPERATIONS & ENGINEERING City of Saint John PHASE YEAR AREA PHASE 1* PHASE 2* PHASE 3* PAHSE 4 2004 2006 2006 2007 3.08 ha WA 2.30 ha 2.00 ha * PHASE COMPLETED Drawn By Checked By ___= -___ - _ _E= 2006 = -- - -- - := =`- =_:_::______ -' Calculations By Checked By =__= _- MARCH, 2007 = == = = == = ==: .I-- / Q Project o HOWES LAKE LANDFILL CLOSURE zy G�P, PHASE 2 - 2006 \ ! Drawing CLOSURE PHASES Scale 1:5000 0 100 200 300m File No. Drawing Revision No. 04182801 FIGURE 1 0 GEMTEC UMIiED GROUND ENGINEERING & MATERIALS TECHNOLOGY REPORT TO COMMON COUNCIL M &C2007 -201 June 26, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT: 71r � I The City of Saint john CONTRACT NO. 2007 -17: LATIMORE LAKE ROAD (LACKIE ROAD TO BUSTIN BOULEVARD) — CURB & SIDEWALK RECONSTRUCTION BACKGROUND The 2007 General Fund Transportation Capital program includes funding for road reconstruction on Latimore Lake Road. Under this contract, the work consists generally of the supply of all necessary labour, materials and equipment for the renewal of approximately 725 m of existing asphalt curb and sidewalk with concrete curb and sidewalk. The work also includes drainage control improvements, road widening at various locations to allow for wider shoulder, landscaping and other related work. Expanded asphalt foam stabilization and asphalt concrete resurfacing is to be carried out under a separate contract following the curb and sidewalk installation. TENDER RESULTS Tenders closed on June 26, 2007, with the following results: 1. L. Halpin Excavating Limited, Saint John, NB $ 256,644.05 2. Debly Enterprises Ltd., Saint John, NB $ 300,120.00 3. Lafarge Canada Inc., Saint John, NB $ 325,973.95 The Engineer's estimate for the work was $221,191.50 M &C2007 -201 June 26, 2007 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 2007 General Fund Transportation Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $280,000.00 ($440,000.00 total budget - $160,000.00 for expanded asphalt foam stabilization and asphalt concrete resurfacing) was provided in the budget and that the projected completion cost of the project is estimated to be $272,131.29, including the City's eligible H.S.T. rebate - a $7,868.71 positive difference in the General Fund Capital Program. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -17: Latimore Lake Road (Lackie Road to Bustin Boulevard) — Curb and Sidewalk Reconstruction, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $256,644.05 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 - 200 June 26, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2007-25: MOUNTAIN ROAD (WESTMORLAND ROAD TO MOUNTAIN VIEW DRIVE) — STREET RECONSTRUCTION BACKGROUND 71r � I The City of Saint john This Contract consists of a project that is approved in the 2007 General Fund Capital Program as follows: 1. A street reconstruction on Mountain Road, from Westmorland Road to Mountain View Drive, which includes excavation, backfill, storm sewer, curb, sidewalk, landscaping and paving. TENDER RESULTS Tenders closed on June 26, 2007, with the following results: 1. Gulf Operators Ltd., Saint John, NB $ 1,175,624.00 2. Galbraith Construction Ltd., Saint John, NB $ 1,197,149.00 3. Classic Construction Ltd., Saint John, NB $ 1,211,405.00 4. Debly Enterprises Ltd., Saint John, NB $ 1,376,919.00 The Engineer's estimate for the work was $1,153,073.00 M &C2007 -200 June 26, 2007 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 2007 General Fund Transportation Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $1,200,000.00 was provided in the budget and that the projected completion cost of the project is estimated to be $1,197,228.68, including the City's eligible H.S.T. rebate - a $2,771.32 positive difference in the General Fund Capital Program. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -25: Mountain Road (Westmorland Road to Mountain View Drive) — Street Reconstruction, be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $1,175,624.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 -199 June 26, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: 71r � I The City of Saint john DESIGN AND CONSTRUCTION MANAGEMENT WESTGATE PARK - SANITARY FORCEMAIN RENEWAL AND INSTALLATION OF GRAVITY OVERFLOW BACKGROUND The approved 2007 Water and Sewerage Utility Fund Capital Program — Infrastructure Renewal Sanitary category includes a project to renew the sanitary forcemain from the lift station near Pipeline Road West along Downsview Drive and Westgate Drive to Manawagonish Road and the installation of a new gravity overflow at the lift station. The project includes the funding necessary to engage engineering services to complete the following: ■ Site survey and preliminary investigation; ■ Preliminary design, cost estimates and design report; ■ Detailed design and specifications preparation; and ■ Inspection services and construction management. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. M & C 2007 -199 June 26, 2007 Page 2 ANALYSIS On May 8, 2007, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Dillon Consulting Limited. In response to this request, Dillon Consulting Limited submitted a proposal on June 5, 2007. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Westgate Park Sanitary Forcemain and Gravity Overflow project. A Review Committee of staff completed an analysis of the submission: Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Kendall Mason, P. Eng. Municipal Engineer, Municipal Engineering Brent McGovern, P. Eng. Manager, Water & Wastewater Operations Kevin Rice, C.E.T. Operations Manager, Environmental Protection (Wastewater) Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Dillon Consulting Limited proposal. The upset price contained in the proposal was also evaluated by the committee and the committee agreed that the consultant's requested fee was appropriate for submission to Council for approval. The submission from Dillon Consulting Limited met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Dillon Consulting Limited to provide design and construction management services is approximately $59,444.34 including the City's eligible HST rebate. An amount of $200,000 was included in the 2007 Water and Sewerage Utility Fund Capital Program for design, construction management and construction. Additional funding for the construction component of this project is proposed as part of the 2008 Capital Program. M & C 2007 -199 June 26, 2007 Page 3 Engineering fees to cover the cost of design and construction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 15.5 % of the total overall project cost, which is considered appropriate for this type of project. RECOMMENDATION It is recommended that the proposal of Dillon Consulting Limited for engineering services (design and construction management) for Westgate Park - Sanitary Forcemain Renewal and Installation of Gravity Overflow be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 -197 June 25, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: 71r � I The City of Saint john SUBJECT: CONTRACT 2007- 9: DUNN AVENUE — WATERMAIN LOOPING AND SANITARY SEWER UPGRADE BACKGROUND This Contract consists of two projects that are approved in the 2007 Water and Sewerage Utility Fund Capital Program as follows: 1. Install new 200mm watermain, fire hydrant and valves, to eliminate dead -ends and address water quality issues in the water distribution system in this area. 2. Install new 200mm sanitary sewer to replace the existing which is in poor condition. TENDER RESULTS Tenders closed on June 20, 2007 with the following results: 1) Dean Construction Limited, Saint John, NB $158,030.00 2) Galbraith Construction Ltd., Saint John, NB $170,011.00 3) Maguire Excavating Ltd., Saint John, NB $175,513.00 The Engineer's estimate for the work was $164,215.94 M & C 2007- 197 June 25, 2007 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 two capital work projects. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $160,000.00 was provided in the budgets and that the projected completion cost of the projects included in the Contract are estimated to be $152,221.79 including the City's eligible HST rebate - a $7,778.21 positive difference in the Water and Sewerage Utility Fund Capital Program. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -9: Dunn Avenue — Watermain Looping and Sanitary Sewer Upgrade be awarded to the low tenderer, Dean Construction Limited, at their tendered price of $158,030.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering M & C — 2007 -209 June 29, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition - Watershed BACKGROUND: As Council is aware, the City acquires lands located within the watershed boundaries for the purpose of controlling development or other activity which may adversely affect the City's supply of drinking water. Recently the City was approached by a Real Estate Broker representing the owners of Standard Machinery Equipment Company Limited and a related family estate regarding their interest in selling the City two separate parcels of land identified as PID 55087209 and PID 350231 located off Loc Lomond Road. near Robertson Lake. The parcels combine to create approximately 33,000 sq. ft. or slightly more than three quarters of an acre. The lands could potentially be developed as a building lot. With this in mind a negotiated settlement of $16,500.00 (plus HST if applicable) was achieved, subject to Council approval. Appraisal work supports this price. Saint John Water staff has reviewed this proposed acquisition and are in full support. The continued acquisition, and thus protection of watershed lands for today and future generations is part of Saint John Water's plan to protect our critical supply of quality drinking water. Report to Common Council June 29, 2007 RECOMMENDATION: Page 2 That The City of Saint John acquire PID 55087209 and PID 350231 as generally shown on the attached sketch from Standard Machinery & Equipment Company Limited and Farren, Edward A Estate for $16,500.00 on or before October 31, 2007, and further 2. That the Mayor and Common Clerk be authorized to execute any documents required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment BI:111 M & C — 2007 - 212 June 26, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: STREET NAME CHANGES Background It was brought to Staff's attention that there may be confusion among some residents as to civic addresses and mailing addresses within the Somerset Park townhouse development. After discussions with representatives of the Somerset Park Home Owners Association and Canada Post, it seems that most of the confusion has been caused by the fact that Canada Post had not entered all street names into their system and had assigned only one postal code to all the addresses in the Somerset Park townhouse development. Canada Post has now added all missing street names into their system and has assigned unique postal codes to each of the streets within the Somerset Park townhouse development. In order to reduce confusion for emergency service providers, representatives of the Somerset Park Home Owners Association have requested that we eliminate the Plymouth Manor street name and that the corresponding townhouses would be addressed off Windsor Manor. Staff have no objection to eliminating the Plymouth Manor street name. This would also be a good opportunity to eliminate the Salisbury Manor street name, as townhouses currently addressed off Salisbury Manor actually face onto Lime Kiln Road. Therefore, in Staff's opinion these townhouses should be assigned addresses off Lime Kiln Road (see attached map). As residents of Plymouth Manor and Salisbury Manor are going to go through a mailing address change because of the assignment of new postal codes, it is appropriate to do the required street name changes. This will mean that residents will only go through an address change once. Report to Council June 28, 2007 Page 2. RECOMMENDATION: It is recommended that Common Council amend the list of Official Street Names and approve the following changes: 1. Delete the name manoir Plymouth Manor; and 2. Delete the name manoir Salisbury Manor Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Terrence Totten, F.C.A. City Manager YL Report to Council June 28, 2007 Page 3. map snowing current situation e SOm erne t st. an. �ndso 06 7 � .nan.W� 3 2? J ,, � �'. z�N .� T ,. 3A 10 a tt 1 O -25 2A 0S, 12 �� f 6 Nt an. Stratford m 4� r ;.Vol * t • �. Z. �' 29 28 27 V►1 7 31 30 •'a i 35� ,45 � r 37 _ Ir- 46 38 tr 40 d 1'� REPORT TO COMMON COUNCIL F M & C — 2007 — 205 June 28, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearings Red Head Area, 112 Mount Pleasant Avenue and Secondary Access to Red Head BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Cleric's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Applicant Location Existing Zone Proposed Zone Reason Hughes Surveys & Red Head "RS -2" "PT To permit Consultants Inc. (for Area & "RF" a gravel pit Thomas Construction) Pierre Rouleau 112 Mount 4GR1 -A" "SZ -23" To permit Pleasant Ave. conversion of an accessory building to a dwelling In addition to the above new applications, it is necessary to reschedule the public hearing for the proposed Municipal Plan amendment that would incorporate the new secondary access road to the Red Head area into the Municipal Plan. Common Council, at its June 6, 2007 meeting, had scheduled the hearing on this matter for Monday, July 16, 2007. However, due to an oversight, the required public notice was not prepared for the newspaper. It is recommended that Council set a new public hearing so that the required notice can be given. City of saint John Report to Common Council June 28, 2007 RECOMMENDATION: Page 2 1. That Common Council schedule the public hearings regarding the rezoning applications of Hughes Surveys & Consultants Inc. (Red Head Area) and Pierre Rouleau (112 Mount Pleasant Avenue) for Monday, July 30, 2007 at 7:00 p.m. in the Council Chamber. 2. That Common Council cancel the July 16, 2007 public hearing regarding the proposed Municipal Plan amendment regarding the secondary access road to Red Head, and schedule a new public hearing for Monday, July 30, 2007 at 7:00 p.m. in the Council Chamber. pec lly submitted, R R. Bai d, MCIP imi loner, Planning a7nAlevelopment Terrence Totten, F.C.A. City Manager JRB /r REPORT TO COMMON COUNCIL June 27th, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Drainage Problems 13 Braemar Drive BACKGROUND 71r � I The City of Saint john A letter from the owner of 13 Braemar Drive in Forest Hills, expressing concerns about drainage and runoff affecting the property was referred to staff for consideration and a recommended solution. Staff visted the site on May 1, 2007 and spoke with the owner and a next door neighbour at 15 Braemar Drive. PURPOSE This report will update Council on the drainage issues that gave rise to the concerns and provide Council with additional information. ANALYSIS The subject of the noted letter was "On going problem with Water runoff from street onto our property". Within the letter several more issues were outlined: ...we learned our house and the house on each side was built too low in the ground for our foundation run offs and basement drains to be hooked into the Sewer System. " "... the Parish of Simonds installed a 6" pipe in our back yards and connected it to our basement drains which then was piped down to the open ditch down back. " June 27, 2007 Page 2 "We have 6" pipes down each side of our property line and another which runs parallel to the street across the middle of our lawn and all drain into the open ditch behind our house. " "... the City raised the street to such a height that it left our house and property so much lower than the street and sidewalk. This causes excessive water draining onto our lawn, down around our house foundation, down our driveway into the carport (which has caused the floor to heave) and into our basement drain to overflow. " "The City installed two extra manholes (catch basins ?) on the street which did not correct our problem. At times there is so much water and sand passing through our pipes that our basement drain cannot deal with the extra force of water and ends up overflowing in our basement. " "In the winter, the snow melting and freezing causes more worries. " " When the street and sidewalk and sidewalk are plowed, all snow is being pushed to our side of the street... when the machines come back to widen the street the snow is is either pushed or blown back over our lawn and when it melts or rains that causes more water. " Groundwater and surface runoff are both concerns in the above comments. These concerns are not new - there is similar correspondence and requests for assistance from property owners in the street file dating back a number of years. Drainage has definitely been an issue for the property owners on this section of Braemar Drive, particularly those on the low side of the street. The City of Saint John has responded by doing various maintenance actions and making improvements to the overall drainage system. This part of Forest Hills subdivision was developed in 1957. Braemar Drive is located in the lower reaches of the residential development at the foot of a hill. The property in question (civic #13) is lower than the street on the low (odd numbered) side of Braemar Drive and the lot has a layer of brick clay under the surface. Groundwater from the home's foundation drains is piped into a sump in the basement. The sump is piped out through the back yard and empties to a large ditch behind the house. This ditch serves several properties on the low side of the street as well as draining the general area. It is on a service easement and runs parallel to Braemar from Westmorland Road toward Golden Grove Road, past the horse barns at Exhibition Park leading finally into Marsh Creek. (see photo on following page) On the opposite (even numbered) high side of the street there is another drainage ditch which runs parallel behind homes and lots, through vacant City owned land. This ditch catches runoff from the hill and directs it to an inlet off the street to the storm sewer system. This section of storm sewer was constructed by the City in 1995 in response to concerns about runoff from the hill affecting private homes and lots. The ditch was also cleaned in addition to the installation of the storm sewer. In 1999 the large drainage ditch behind the homes on the lower side of Braemar Drive was re- ditched. The following year, steps were taken by placing rock over several private pipe outlets to the ditch to address freezing problems encountered after ditching. June 27, 2007 Page 3 RFM1. -` N Y � a as a e r a r 0r' APA -: :; t '*. Ditch f Drainage Ditch'` '�w .: >. r 4P 41f 4 OF L x • 4 Y 40 During the time of staff's visit to the property on May 1, there was no runoff entering civic #13 or any other property from the street — water was traveling along the curb, but some ponding was observed in several locations. The street is in need of upgraded curbs and street surface — there are some dips and depressions along the curb but in normal rainfalls no water should overtop the curb. There is a pyramid top catch basin inlet on the upper ditch which needed cleaning. The owner of civic #13 has an alarm system installed such that as water rises in the basement sump the alarm sounds. The pipe from the sump to the back ditch does not appear to be in June 27, 2007 Page 4 optimal working order, it does not drain quickly so that increased flows of groundwater often cause the alarm to sound and alert the property owner of a potential problem. Responsibility for maintenance and repairs of this pipe, and the foundation drains, rests with the owner. The outlet of the drain to the back ditch appears to be clear, and the ditch itself also appears to be working as intended. (see photos) However this is still a less than ideal arrangement, as snow, ice or anything that could cause water levels to rise above the outlets would hamper flow rates from the basements. Floor Sump # 13 Braemar Drive r K F r Drains to Back Drainage Ditch Runoff from the street or higher ground is a concern as any runoff that comes onto a property can add to the precipitation that falls directly on the property. This increases potential for ground June 27, 2007 Page 5 infiltration, higher groundwater levels and volumes reaching the foundation drains. This is the cause for concern about the effectiveness of the upper ditch, and any snow which is deposited behind the curb on the lower side of the street. View from below Braemar Drive looking toward vacant city land & upper drainage ditch The fact that a large portion of the lots sit on a layer of clay helps prevent infiltration but also contributes to damp grounds, as runoff water tends to be trapped near the surface. As seen on the following page, the street infrastructure is in poor condition. New (higher) curbs and a new street surface would help control drainage on the street, particularly when winter conditions of snow and ice buildup occur. A preliminary estimate for the refurbishment of the street will be prepared and the project listed for consideration in the annual Transportation Capital Program; a program with significant demands and many pressing priorities. Field crews will do an inspection of both drainage ditches and perform any required maintenance to ensure they and any associated storm sewer infrastructure is functioning properly. June 27, 2007 Page 6 Looking toward Westmorland from #13 Civic #13 CONCLUSION Civic #13 and adjacent homes are built lower than the street as stated at the outset. Braemar Drive is located in the lower section of Forest Hills at the base of the hill. Topography dictates that runoff from above is a potential problem for the lower lying sections. Dependence on an open drainage ditch for foundation drainage is less than ideal given the exposure to winter conditions, but there is no apparent alternative in this case. The area is low. Property owners are responsible for their foundation drainage. In the case of civic #13, the renewal, or at least cleaning, of drain pipe from the basement sump to the rear ditch would appear to be advisable — this can be verified by a competent plumbing contractor. The installation of a sump pump would also provide some relief and eliminate the need for manual bailing should the drain malfunction. Groundwater is not something the City can control. Surface runoff onto the property was not a problem at the time when staff visited the site. Maintenance of the upper drainage ditch and monoitoring of the area during precipitation events should help reduce or eliminate the number of times when runoff from above enters lower properties. Renewal of the street and curbs would also be a benefit and staff will develop and estimate a project for this street. June 27, 2007 Page 7 Winter weather conditions present special challenges. Streets must be cleared and while not all snow can be eliminated from behind the curb, staff will follow up with snow control operators to ensure they are aware of the particular problems on this side of the street and attempt to minimize the amount of snow that winds up behind the sidewalk, melting and draining into the properties below. As stated previously, staff will inspect and repair any deficiencies in the drainage ditches and storm sewer system. Even with the suggested actions all completed it must be understood that the general topography and soil conditions are major contributors to higher groundwater and runoff effects in this area. RECOMMENDATION It is recommended that this report be received and filed and a copy be sent to the owners of civic # 13 Braemar Drive for their information Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager M & C — 2007 -193 June 29, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Water Pipeline - Easement Acquisition 321 Sherbrooke Street BACKGROUND: Saint John Energy is currently in the process of constructing their new office /warehouse facility at #325 Simms Street, located to the north of the subject property. The development of the Saint John Energy site involves a new water line that will traverse the property owned by P.W. Chase Holdings Ltd., identified on an attached survey plan as PID Number 55177885. The water line will be installed by Saint John Energy, but will become part of the City's infrastructure, connecting the City's water line on Simms Street with that on Sherbrooke Street. This new water line is an opportunity for the City to improve its municipal water service by creating a "loop" system between the two streets. The "loop" will improve water quality and minimize the need to provide regular flushing of these water lines. In order for the City to take ownership of this new water line, it is necessary for the City to acquire an easement over the subject property, which would provide for access to the waterline to conduct maintenance as deemed necessary. The property owner of civic #321 Sherbrooke Street is in agreement to provide to the City the necessary Easement for Municipal Services for $1.00. The purpose of this report is to seek Council's support to secure an interest in the subject property for the purpose, as mentioned above. Report to Common Council June 29, 2007 RECOMMENDATION: Page 2 1. That The City of Saint John acquire an Easement for Municipal Services in a 1,207 square metre ± (12,992 square foot) portion of civic #321 Sherbrooke Street, also identified as PID Number 55177885 from P.W. Chase Holdings Ltd. for $1.00, as generally shown on the submitted plan. 2. That the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c 'I 253 28S 295 251 261 263 263 2T1 PS 261 rue Simms St. .351.11.! 282 Zit 271 260 284 290 260 807 609 `Bl • .. a ••_.. ° au 256 364 268 170 2t6 284 294 280 2q8 300 308 318 N8 248 :54 15 258 • , i s 3 . r 31�Al 06 0 +••J •J81 �•I 606 ,r•' +• '•� 1 ,fri• >• 600 ,• +• 00j,rr,• 0••,r,J 60 611 °• +' 414 ° 't,r fr' +a •• +4• "60 4•,J 613 , +•606 ! w 818 r! • +,1j > 06 a ro 61 62. + Z >•612 C 817 621 / 633 • +620 e.faf l• .•62 C ..,.!! 630 C rr„ .3 co 351 , f • B3 C. 351 e e • 646 0 , 7 C t 64S eel+S, e !r O � 647 +34 �a It 866 34 • • >.1 V 855 SI.aS . s. e ........ 339 CO 6/) 660 w 343 V S,aa. J ° 7J 4. 336 ?60 663' 332 6T0 66, n 1aa1 3x5 ° S74 y 065 682 Description of Plan: City acquisition of Easement for Municipal Services/ Municipal Services Easement for purpose of looping existing municipal pipe lines. N PID: 55177885 Address: 321 Sherbrooke Street k Pan: N/A A Date: June 13 2007 A / v U) $ $s • o$ n S o iifcTOiiii m' 3 U N N bi s •d ,, � v C m • . o L g r�cia'1 s i e $ c >• U C4 C4 in p Q`Q_ a c O fl c• vu� « ��� I CL v� yN C N 4p ^ 0 M •6 O `� O • ^ d • `y ~ypp > ; U AAAAA AAA MA .0 O Q •p !- a .+C O>Ctl+. S C �•U 2ULU ;+ p C $ > J O J 0 � � � %d r .i a �� N s h f cc� g$ # ' t►vv � c 3 O nona�� o IL D c W m E t54 Ca" p t 0 p ^ 0.(dC A p A* i I aN r z m � p � ze ► i 41+�q •NI ,� .. / � I� m M QN ( zc os a E, M I rn N I cr I O C. 4 CL 20.12 J ° n to ►y, LO c O p o m 3n d = i ° a o ° a 4WD t+► n 1i €� n ► m o ; 00 11.66 cn AID 0% Crt EOM � YY o era it 2 OD �d 31.04 18.96 17S 01 �C 173' Q1 O n ® °f i in - 20.12- 0 • E E V) d n CM d z c a I I rn tD �--1 °° C4 N n I n 1` n O L � N O n yti ► O Z 2 532 100 M & C — 2007 — 196 June 29, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Services Easements 28 Elgin Road ANALYSIS: Recently a subdivision plan at the above - mentioned address was submitted to the Development Officer for endorsement (see attachments). This subdivision plan would essentially consolidate three lots into one large parcel which would, in turn, be re- subdivided into two residential lots. One of the lots contains an existing single - family dwelling while the other lot is vacant and would be sold as a building lot. In processing the application, it was discovered that there was a storm sewer pipe running through the property for which there was no easement. After consulting with Municipal Operations and Engineering, and discussing the matter further with the surveying consultant (Hughes Surveys & Consultants Inc.), it has been determined that in order to protect the infrastructure the assent of a municipal services easement is required. Normally municipal services easements are considered as part of larger subdivision applications initially considered by the Planning Advisory Committee. The Community Planning Act does not, however, require a recommendation from the Committee in order to assent to municipal services easements. Given the nature of this application, Committee involvement was not considered necessary. Report to Common Council June 29, 2007 RECOMMENDATION: Page 2 That Common Council assent to the attached photo- reduced subdivision plan and to the proposed municipal services easement shown on the proposed Lots 07 -01 and 07 -02. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, C.A. City Manager MRO /m 5 2 - -L ���g��4234`�s�3• g$g � 538 WO (D O rn 0 a s v N 538 400 a im A 5 / 8 to c cn in 1p � t/1 �p�/ rT � �4+��D NNN NN�.±N +rte+ � � i •S 9a p�R ITIQ '6' $ O s ., scCs �a • � � NNNNNN NNNNNNN � ¢� : 22 y� G OpO O /1 ry yl. % (1 •S7 3 zi S p O. P 8 2 pm RN + D C 1JNu V �I4MJ u$J u_N %j�+ �aY " = vwy�aJoj� e u � Nm j� ♦ :Q }QQ ( 8 g 3 0 3 Q o8 n g-3 a a Q O O ZD 8�G J• � Ns . lZ y r ♦p r ( 2 o aI o 9 p t » �— N C ~�������ii a�•S ii�ib � p „3'� g�� b. � � � I � ?� . S i O y ' aE9N�l4S.i9N 3 �o F s. co . = Ll /'� z z z z PS x tN a jE Wm�mIN/l l/UI�/I INN nVI T H R p ° N ; S 25 • � A ����ckictt�k�k � � � �•Q� � � i u 2 u. D �J O D r 4> � No N cti 'o• _ mq N � � O : g Roo OzN.,g c cn in 1p � t/1 �p�/ rT � �4+��D NNN NN�.±N +rte+ � � i •S 9a p�R ITIQ '6' $ O s ., scCs �a • � � NNNNNN NNNNNNN � ¢� : 22 y� G OpO O /1 ry yl. % (1 •S7 3 zi S p O. P 8 2 pm RN + D C 1JNu V �I4MJ u$J u_N %j�+ �aY " = vwy�aJoj� e u � Nm j� ♦ :Q }QQ ( 8 g 3 0 3 Q o8 n g-3 a a Q O O ZD 8�G J• � Ns . lZ y r ♦p r ( 2 o aI o 9 p t » �— N C ~�������ii a�•S ii�ib � p „3'� g�� b. � � � I � ?� . S i O y ' aE9N�l4S.i9N 3 �o F s. co . = Ll /'� z z z z PS x tN a jE Wm�mIN/l l/UI�/I INN nVI T H R p ° N ; S 25 • � A ����ckictt�k�k � � � �•Q� � � i u 2 u. D �J O D r July 3, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Councillors: SUBJECT: Computer Network Infrastructure - Equipment Upgrade BACKGROUND The City of Saint John operates a complex and comprehensive information and information technology infrastructure. This infrastructure supports over 550 corporate computers and more than 800 users. The users are spread across all areas of the organization as well as within the Saint John Police Force, Saint John Transit, the Canada Games Aquatic Centre and Saint John Waterfront Development. The purpose of this report is to receive Common Council's approval for the purchase of various components required to upgrade the existing network infrastructure. ANALYSIS With the expansive growth of technology, combined with the explosive growth of the use of services and information available through the Internet, integrated network computing is integral to the successful operation and functioning of organizations, including the City of Saint John. While this allows the organization to more effectively provide services to citizens and customers, it also has a finite lifespan. Upgrading of the City's core computer network infrastructure is required to meet the continued growth in demand. The upgrades proposed will not only replace a number of components that have reached the end of their useful life, but will also provide for additional functionalities. Key among these is the provision of a wireless infrastructure framework. This framework will allow for the future provision of wireless access to the City's network and /or Internet access, both from and within a number of City owned buildings as well as from specifically designated external points around the city. Report to Common Council July 3, 2007 Page 2 The proposed upgrades and enhancements will utilize a variety of networking equipment manufactured by Cisco. Hewlett Packard is a reseller of Cisco networking equipment and was awarded a supply agreement by the Province of New Brunswick. The City can purchase equipment through this agreement on the same terms and conditions available to the Province. The total costs of the required Cisco networking equipment are $154,571.77. Funds are provided in the Capital Budget for this expenditure. RECOMMENDATIONS It is recommended that Common Council approve the purchase of a variety of Cisco network equipment from Hewlett Packard at a cost of $154,571.77. Respectfully submitted, W.D. Todd, Director Information Systems and Support Terrence Totten, FCA City Manager July 3, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Councilors: SUBJECT: PURCHASE OF LICENCES FOR MICROSOFT SOFTWARE BACKGROUND The City uses a number of software products provided by Microsoft. These include the operating systems and associated applications for about 550 desktop computers, the operating systems for various servers, and various other software products. Acquisition of licenses from Microsoft is required to gain the rights to use the latest versions of these software products, and to have access to regular upgrades. Since 2001, the City has acquired the required licenses and has subscribed to Microsoft's software assurance program, through the Province of New Brunswick (PNB) agreement with Microsoft. The PNB's agreement with Microsoft expired on July 1, 2007. PNB has signed a new agreement with Microsoft for a further three year term and has selected xwave as their local vendor. In order to continue to use the software, the City is required to enter into a new agreement with Microsoft. ANALYSIS The pricing of the various software licenses is based upon the total number of licenses acquired. Because of the total number of licenses to be acquired by the Province as well as other participating municipalities, the City is able to obtain a lower price per license than if it were to enter into a direct agreement with Microsoft. About 90% of the cost is the subscription to Software Assurance for Microsoft products such as Office Suite, Windows and Servers Client Access Licenses. Software Assurance enables the City to use the latest version of the software, to take advantage of technology advancements, and for associated training and support. The remaining 10% is spent on new licenses for Microsoft products. Report to Common Council Approval of Agreement with Microsoft Corporation Page 2 FINANCIAL IMPLICATIONS It is estimated that the City will expend approximately $110,000 per year, depending on the quantity of software licenses acquired. Funds are provided in the Operating Budget to cover these expenditures. RECOMMENDATION It is recommended that Common Council authorize the enrollment into an agreement with Microsoft Corporation providing for the licensing of various software, as provided for by the Province of New Brunswick's agreement with Microsoft Corporation and further authorize the Mayor and Common Clerk to sign the associated agreement. Respectfully submitted, W.D. Todd, Director Information Systems and Support Terrance Totten, FCA City Manager REPORT TO COMMON COUNCIL 0-1 M & C — 2007 -206 June 27, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Grant of Easement to Bell Aliant Regional Communications Inc. — Off Charlotte Street PID #828 BACKGROUND: City of Saint John An agent representing Bell Aliant Regional Communications Inc. has requested from the City a Public Utility Easement. The easement would be located at the corner of Charlotte Street and former Britain Street, in the City's South End. The City property is identified as PID Number 828 and is currently utilized for a City playground. There is an existing easement of similar size adjoining the proposed easement. The additional easement would be utilized to expand /upgrade Bell Aliant's existing communication facility. Bell Aliant is currently in the process of upgrading a number of similar facilities located throughout the City. The placement of the proposed easement is approximately located as to avoid any interruption of the playground area and would be fenced appropriately. The purpose of this report is to seek Council's support to aid in the procurement of a Public Utility Easement in favour of Bell Aliant Regional Communications Inc. for the purpose of installing an expansion to the existing facility, involving a below and above ground structure. RECOMMENDATION: 1. That The City of Saint John grant a Public Utility Easement in favour of Bell Aliant Regional Communications Inc. for a one time fee of $500.00 plus H.S.T. (if applicable) on a portion of PID Number 828, located at the corner of Charlotte Street and former Britain Street, as generally shown on the attached survey plan, on or before August 31, 2007. Report to Common Council June 27, 2007 Page 2 2. That Common Council assent to the vesting of the public utility easement. 3. That Bell Aliant Regional Communications Inc. where applicable, reinstate the subject property to the same condition as existed prior to construction. 4. That Bell Aliant Regional Communications Inc. will save harmless as well as release and indemnify The City of Saint John, it servants, agents and contractors from and against any and all actions or claims arising from the installing of the pad mounted communications facility, and further Bell Aliant Regional Communications Inc. shall name The City of Saint John additionally as co- insured with regards to the installation and operation of the pad mounted communication facility; and 5. the Mayor and Common Clerk and authorized to sign any document required to facilitate this granting. submitted, R. Baird, MCIP Terrence Totten, F.C.A. 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C U Y 0) C 0 Y rn O w o t!1 a ° 009 4£9 Z O 009 4C9 Z � d o 186.1T o S O W `O � a,r I r rqF� •Ir U S 2f i r 186 5,00 O�DU O0 feet omm oc oa° St Wnie5 `otte S R Lya «V�yJC °u Chap a °° °`�ca ` (W idth J s° in ci is u rn i In < 5 ii _ I� 4l+oN D1J �°;xeun�g xaq O gro °d S f r •0�4 I ( ®O■ ®4 ONE CHANGE INC. • Our mission: "To Improve the Quality of Life in the Old North End" • Our Vision: "Together we will care for and celebrate our North End forever" CtH L The ONE Change Inc. Vision 2014 • Charrette Planning Conference & 178 "To Do's" • ONE H.O,M.E. • 38 down, 140 to go... • Supporting Vulnerable Neighbourhoods • Supporting our Young People ONE Charrette z Results moons • Community poised for change • Partner interest exists -:rn - - -_.._ Currently over 80% rental / Target 50% home ownership • ' 178 Things to Do OOAN ONE H.O.M.E. (Home Uwnership Made Easy) • CMHC Seed Funding^° approved • Need & Demand Study complete • Site selected — Real Estate Board • Preliminary design prepared • Partner consultation & interest • Infill Zoning • Challenges 38 Down (or underway), 940 to go • CORE VALUE FOR SUSTAINABILITY = YOUTH • Summer Teen Program • Winter Youth Programming • Neighbourhood Celebrations • Environmental Development • Housing Development • Health & Safety development no 2 Current Partnerships with the City • 16 - "Winds of Change" • 22 — Supportive Housing • 44 — Community Clean Up Days • 48 — Improved Sidewalk Safety (trees, lights, sidewalks) • 49 - Crosswalks • 53 — Marigolds on Main • 58— Community Police Office • 60 — Plant More Trees • 88 — Old North End Days • 103 — Intergenerational Street Parties Challenges -Drug Crime -Thank You to the Saint John Police Force •Less so with the courts... -Patience -Housing Legislation -Sustainability •A Volunteer Organization can only move so fast... -Filling the gaps for our Young People I Our Requests... • Council ask staff to raise the level of program delivery at the NECC to that of the Carleton Community Centre or License the NECC to ONE Change to do the programming • Council ask staff to consult with our vulnerable neighbourhoods to develop a collaborative plan for each. 3 Cities and Enviroruneil Unit - ONE Change Document i1 0 y i1t � f'.: "gwrii 9� r.R.•y�JS': s... �X H � •Ci�Y.: +}p �: i(e IF 0, �: { it i. "pi yi� 47i a 4c 6 nll�ad�; "i PROJECTS DOWNLOAD DOCUMENT: C-LICKS HER.L ceu@dal.ca PO BOX 1000 .5410 Spring Garden Road . B3J 2X4. Phone: (902) 494 - 3926. Fax: (702) 423 - 6672 Page 1 of 1 http: / /ccu. architectureandplanni ng.dal.ca/onechangedraft. htnil 6/28/2007 MENEM fYw sen w,p,tr��q'. rYn fnfW Y�ofYw�7 50 Projects by Action Area The following pages list the projects that the community brainstormed by Action Area. This is one way of organizing the projects to determine which ones will have the greatest positive influence on the community. Within each Action Area. projects are also categorized by theme or goal, linking similar ideas and initiatives together. The rating system indicates the level of impact each project would have on each Action Area (1 = highest level of impact). Those projects that make an impact in at least three of the Action Areas should be considered important; in addition, some of these important projects are considered to have high priority since they are needed in the community and may be able to be clout: with little financial investment. Other priority projects lay the foundation for future initiatives, projects and programs. This way of organizing the projects also emphasizes how any one project will have an effect on other Action Areas; if a project is listed under Health, for example, it may also have positive impacts on Training & SkiIl Development, Celebrating Youth and Community Pride & Beautification. The chats are a reminder that everything is linked together, and that taking one step and focusing on one area will provide direct and indirect benefits to many other parts of the community. Itis the vision that should pull all of these projects together. It will help to prioritize projects and help establish an approach or attitude to all projects. 0 0 0 mnlumn_o 1 0 v. HOUSING ... ... ....... ingtMO 1 lHomeless shelter 1 3 2 0 " shelter 2 ..... ...... 3u,,al a HOUSING ... ... ....... ingtMO 1 lHomeless shelter 1 3 2 0 " shelter 2 3 3u,,al a nth shelter 1 2 4 3 .... ...... .... .. . . ...... ...... . ....... 4i AN- M! F M, 4 Participatory design to develop appropriate housing 1 2 3 5 Encourage purchase / renovation of heritage homes 1 2 6 Condo development I conversion 1 2 7 Extended family home ownership options 1 2 3 8 Achieve 50% home ownership in 15 years 1 3 2 9 Establish "rent-to-own" options, mortgages 1 2 10 Land banking while property values are low 1 2 M M. i.-H.N. fl. 1 Ni NP 4 tg rLt"_j 0 9 W 4 i Q__ 11 Maintenance & homecare programs 1 2 3 12 Renovator's resource centre 1 3 2 13 Historic designations 1 2 14 Program I incentives to maintain character of buildings 1 2 3 15 Housing retrofit program 1 4 3 2 16 "Wind of Change" - fix drafty windows to reduce heating costs 1 4 5 2 3 1 2 17 Co-op run renovation projects 1 1 3 1 i —i;� f: � 7 � 7:: is �rain & employ community members to fix housing 1 3 2 19 Sweat equity program 1 3 4 2 20 Partner with community college vocational training 1 3 . . ........ ......... Y"ic V! I - "tV Mcl,- 21 lFlex housing 1 2 3 51 EMEME £ n0 E< 22 Supportive housing (15 units on Adelaide) 1 2 3 23 Transitional housing (help people get out of subsidized) 1 2 3 24 Housing design to improve safety (porches, windows) 1 2 4 3 25 Build common area into new multi -unit buildings 1 2 3 26 Energy efficiency programs 1 2 3 27 Off campus housing residences for UNBSJ 1 2 3 28 Neighbourhood watch / block parents 1 3 2 29 Security cameras 1 2 3 30 Programs to encourage home ownership 1 2 3 31 Communal facilties (laundry, kitchen, play spaces) 1 3 2 32 Build rental spaces into co -op buildings for revenue 1 2 3 s s MENEM . iz$ iisii a £ MR. mi a 33 Landlords association 1 2 34 Tenants association 1 2 35 Neighbourhood watch / block parents 1 3 2 36 Establish community development corporation 1 3 2 37 Meet with UNBS.1, realtors to improve image of ONE 1 2 CO DE & BEAUTIFICATION { PisSF£'£ A £.t Ma 3 Ali Ei6Qs'E £.EE Trey. yf7.{t t "i 38 Education programs on composting, garbage, recycling 1 3 2 4 39 Bottle depot / travelling redemption centre 1 2 40 Environmental trust fund 1 2 3 41 Reintroduce wetlands to treat stormwater 1 2 42 Pumping station / harbour cleanup 1 2 L43 Re -stock fish once outfall is cleaned 1 1 1 1 2 .., .I;ii??d11UF11W �rsewage ry �I�iaL7i7fvt,.9FS` 44 lCommunity clean up days 1 2 3 52 MINE` 45 Garbage cans / storage bins 3 1 e6 -E. 2 46 Weekly city garbage pickup 1 M 2 47 Program to exchange garbage for bus tickets 45 Garbage cans / storage bins 3 1 2 46 Weekly city garbage pickup 1 2 47 Program to exchange garbage for bus tickets 1 2 48 Improve sidewalk safety (trees, lights, sidewalks) 3 1 2 49 Crosswalks 1 1 2 3 50 Community gardens / public gardens 1 4 3 2 51 Improve safety behind plaza 1 2 52 Street beautification (especially Main & Adelaide) 1 53 Extend Marigolds on Main Street 1 2 3 54 Adopt-a -Block friendly street competitions 2 1 3 55 Paint your door contest 2 1 3 56 Kids' posters as murals in community 1 2 57 Flower boxes, paint fire hydrants, sidewalk monopoly 3 1 2 58 Community police office 1 3 2 59 Establish greenbelt around ne }ghbourhood 1 3 1 2 60 Plant more trees (streets, parking lots) 1 3 2 61 dopt -a -Tree program (Tree Canada) 1 3 2 62 Improve snow removal 1 2 i t ttzatrrtg; #3osltly ge 61 fhe 01y "N %find 63 Community pride billboards 1 2 64 Signs (Education and safety) 1 3 2 (35 Rebrand ONE 4 1 2 3 66 Fourist destination - views from headlands 1 2 f7rt.i� ME "T �t�#�..... s 67 Community information bulletin boards and newsletters 5 1 2 4 3 68 Community events calendar 1 2 69 Delivery services (groceries, etc.) 1 2 53 MEN 0 NI We 70 Community meals (at fire station) 1 3 2 71 Coffee shops (at fire station, Community Centre) 1 1 72 ood carving competition 1 3 2 73 Dinner theatre J murder mystery 1 2 74 Travelling ONE theatre troupe 1 2 75 Clothing depot 1 2 4 ­, gf . .... ... .. .... ... .... ...... . .......... t El . ...... 76 IHistory I heritage plaques, murals and photos 2 1 77 Historical education and study (museum, galley) 1 2 78 Create boat launch, marina, wharf, tours at end of Main 1 3 2 79 City councillor from ONE 1 2 80 Connect to city promotions 1 2 81 Connect to Harbour Passage 1 3 2 82 Celebrate and recognize Indian Town 1 83 Re-engrave monument at Bridge Street Park I 84 1 Representative on Atlantic Coastal Action Program from ONE 1 2 85 jEstablish art festival that moves around city CELESiRATING YOUTH ...... .... ... 1 3 2 86 Youth calendar of events 2 1 3 2 87 Youth-driven activity program (sports, hobbies) 3 I 4 88 North End Days 1 2 3 89 Winter carnival 2 1 3 90 Basketball and tennis leagues 1 2 91 Snowball fight area / zone 2 1 3 92 Equipment swap (hockey, bikes, etc.) 2 1 3 93 IBass fishing derby 2 1 54 F I F Water activities (canoeing, fishing, rowing) py; '£ 1 0 .: 2 95 Dance / cultural classes (and transportation) 3 1 94 Water activities (canoeing, fishing, rowing) 3 1 2 95 Dance / cultural classes (and transportation) 3 1 2 96 Boot camp 1 2 97 Scavenger hunt 2 1 98 Boxing club 1 3 2 99 Link with fire station for community events 2 1 100 'Vintage" fashion show (Frenchy's, Salvation Army) 1 101 North End Olympics (darts, horseshoes) 1 2 3 102 Expand fire fighters / police basketball games with youth 2 1 103 Intergenerational street parties 2 1 104 Festivals 2 1 105 ONE walking tours and walking club 2 1 3 106 Improve parks and connect by trails 2 1 3 107 Waterfront development (park, green space) 2 1 108 Sports complex 1 2 109 Skate park 1 2 110 More neighbourhood playgrounds 3 1 2 111 Outdoor skating rink (fire hall or Shamrock Park) 3 1 2 112 Safe tobogganing areas 3 1 2 113 Swimming pool 3 1 2 114 Arcade ($ could go to community) 4 1 3 2 115 Fix and expand facilities at Shamrock Park 3 1 2 116 Basketball court 1 2 117 Plimbing wall 1 2 118 Bike course 1 2 119 Bike bank and repait shop (also strollers, skateboards) 3 1 1 2 5S .. ....... . ..... . . . .. . ip t 120 Victoria Park improvements (wishing well, benches, game boards) 3 1 2 121 Music practive space (soundproof, instruments, etc.) 3 1 2 122 Stage / amphitheatre 3 1 2 123 Place to watch movies 2 1 124 Ice cream parlour 1 2 W! WI&A N A ........ .. .... 125 Job shadowing for kids 1 2 126 Walk home program (kids & seniors) 3 1 2 127 Apprenticeship program for youth to do renovations 3 1 2 126 Youth volunteer program (link with seniors) 3 1 2 129 Recognize youth achievements - Order of the Maple Leaf TRAINING & SKILL DEVELOPMENT ........... 2 Ur.=M 9 134 �Vocational training /trade skill promotion 3 2 1 131 Adult mentorship / tutors (peer to peer) 2 1 132 French schools & classes 2 1 133 Reading mentor program 3 2 1 134 Mobile school /training 3 2 1 135 Art classes 3 2 1 136 Sewing classes 2 1 servrces 137 Legal aid 3 1 2 138 CAP site (compter access and training) 2 1 139 lEmployment workshops (resumes, interviews, etc.) 2 3 1 140 Employment & development programs in ONE 2 1 141 GED programs (@ Community Centre) 2 3 1 142 Library 3 2 1 56 143 Government offices locate in ONE 144 Book mobile outreach 145 Dress for success 146 Volunteer and skill database 147 Programs for pre- seniors to enter work force 148 Senior citizens' services to maintain skills 149 De- stigmatize vouchers (e.g. Airmiles) t4 �ALr?B R r t+; l r ire �nrf otr�stde:the corgi r UM ..-.. -... ty' e. 150 Carpenter's centre to do renovations 151 Role model programs, celebrate local heros 152 Coaches 153 Small engine repair workshop at power boat centre 154 Craft & farmer's market 155 Promote entrepreneurs through entrepreneurial start -up fund saa. ?. ,... . ,' ..... �zhartcirg :maktlt�fcot�i�zu �t}�,me,�i�r� °� ......, ' 156 Transportation to community college 157 Improved bus schedule / routes / shelters 158 Shared car service / car pooling 159 Improve transit system, especially at night 160 Surplus food from restaurants to the hungry 2 1 161 Cooking and nutition classesr 3 2 1 162 Restructure the food bank 1 163 Meal programs (with churches, schools) 3 2 1 164 Community kitchen 3 2 1 57 2 1 �p . 2 3 1 to d G 160 Surplus food from restaurants to the hungry 2 1 161 Cooking and nutition classesr 3 2 1 162 Restructure the food bank 1 163 Meal programs (with churches, schools) 3 2 1 164 Community kitchen 3 2 1 57 2 1 2 3 1 2 1 4 2 3 1 5 3 1 2 3 1 2 3 1 2 2 3 1 3 2 1 2 3 1 1 3 1 2 2 1 .......... ...... .. "� ....:.... �:i ...... II .....:.f3 1 2 3 1 2. 1 1 2 160 Surplus food from restaurants to the hungry 2 1 161 Cooking and nutition classesr 3 2 1 162 Restructure the food bank 1 163 Meal programs (with churches, schools) 3 2 1 164 Community kitchen 3 2 1 57 MENEM I lot' 00 E 155 Food co-op (buy larger quantities for less) 2 1 cost Own a 166 Medical / dental clinic 167 After hours clinic in plaza 169 Teen clinic 2 1 170 Mobile clinic 2 1 10 Needle, exchange 1 172 Methadone clinic 1 173 Visiting nurse (schools, churches, Community Centre) 2 1 174 House calls 2 1 175 FaKly & community services office in ONE 2 1 176 Fitness studo 2 177 "Baby think it over pogram 2 L 178 Vink to existing groups for services (i.e. CHC) 1 2 1 58 MOORE Each project is seen as a step towards realizing the vision; it must be done in the spirit of community ownership; sustainability and celebration. The approach to implementing a project is just as important as the project itself. Each project is an opportunity to do mane things and the greatest challenge will be to think creatively about each project. Project implementation must incorporate community values, and try to address community issues. Every project can also be used to build community involvement and trust and build and use local skills. A long organized list of projects like this is useful for the community to start to see the themes that have emerged, the impact that projects have on other action areas and the projects that seem to have the largest impact. However. a list such as this is not useful if nobody knows who is doing what. Community members will need to organize themselves and work out the roles and responsibilities for future action. Leaders and groups will need to work together to make sure efforts are not being duplicated or in the worst case, work does not start because people have assumed `someone else' is doing it. The ONE Change. Committee has been very active in improving the duality of life in the community and they will likely continue to do so. But they will also need help from other community groups and members. The responsibility is not just on the shoulders of the community. Partnerships will need to be nurtured or initiated with outside organimtions and the Cih• of Saint John, in order to ensure. success. One partnership can build on another and funds from one group can be used to leverage other funds or collaboration. 59 ICI Some important principles about housing emerged front the discussions.- .1. Housing must be affordable. 2. Housing ownership should be encouraged. 3. The conununity should prontote households of mired incomes living together. 4. There should be options for all farttily tees (seniors, single mothers, young families, singles). 5. Housing should include some communal facilities (laurrdrv, kitchen, play spaces, party room). 6. Housing must be built or renovated using local skills and materials. 7. Housing must be beautiful. S. There should be support for relatives to be able to buy a house together (a house with rrrore titan one unit so extended families can live together and share financial cornrnrintent). 9. !lousing design should provide for people to be able to have their `eyes on the.street'Ohrough porches, large front windows, entrances at street level). 10. People should be included in the design of their own homes. 60 Housing Action There was an entire day of the charrette devoted to housing. This was in response to the dire need for housing in the North End (.and the reason the charrette came about in the first place). Each of the action areas need similar detailed thought and strategizing so that the community can decide on priority projects. Short -term Housing Action (0 -6 months) The Winds of Change: This project is an immediate short -term solution for drafty windows, to try and alleviate some of the linancial and health burdens on community residents. The basis of the idea is that youth in the community get: paired up Nvith someone in the building community to act as a mentor and provide training. The youth along with their mentors go house to house to lix the windows and in the process show residents how to care for and sea( theta to prevent drafts and heat loss. A potential partnership with the Fire Department could also be possible and the door-to-door visits could also be used to check smoke detectors. Eight steps were identified: 1. Market "Winds of Change" program by contacting the media, politicians, schools and businesses. 2. Get supplies for window kits (contact businesses for sponsorships and government agencies for support), 3. The ONE Change Committee works with home owners and landlords to do housing assessments throughout the community to decide which houses need the most help. 4. ONE Change organizes 20 youth (ages 16 -20). 5. Youth paired with building industry professionals to provide training. 6. Youth and mentor go door-to-door to fix windows (and show residents how to fix/ maintain/clean them). 7. Marketing material such as a poster is posted on the windows or front door to say "ONE Change was here ". S. Literature and information on government programs, fire prevention, recycling etc. is left behind in each house. This project is a short -term solution but provides many benefits: • At least 10% energy savings (which means 10% more disposable income for food or 0lhct' hoUSellold expenses). • Two tonnes less of greenhouse gas omissions per household per year. • Twenty youth trained. • Mentorscontactedaudpartnershipsformedwiththebuildingitldustry , fire department and local businesses. • Health benefits. • Relationship building with landlords (landlords also receive information about government funding), • ONE Change gets publicity and the image of the North End improves. Medium -term Housing Action (6 months — 2 years) Medium term solutions were divided into building new housing and renovating existing housing. New housing • A new housing 15 unit co-op at the corner of Adelaide and Victoria Streets. • The building would include support services such as a daycare. • Bottom floors could be turned into business spaces or offices that could be rented which would help pay for the building. • All of the housing principles outlined would be incorporated. Housing renovation • Look to the Provincial and Federal Governments for support and existing funding programs. • Compile an inventory of housing conditions. • Find out who owns what land and make contact (start building relationships with existing landowners). • Renovate 2 units as pilot projects. • Convert 1 existing building into housing co -op. Long -term Housing Action (2 years +) The ]ona term goals for the community were: • At least 50%; home ownership in the next 10 years. • Establish "rent to own' housing units. • Landbank (work with City to purchase vacant land or older homes at a good price now for development in the future). • Partner with community college for renovations (houses in North End become pilots for hands -on training for college students). • Designate heritage properties and districts. r. ,`• > S. rna e Gary Sullivan and the ONE Change Youth acknowledge the sponsors and organizers of the charrette. 61 m introduction There is still some work to do in the community with regards to prioritizing projects and organizing the partners. There are lots of ideas, however, and lots of excitement for implementing change. On the last day of the charrett.c a number of promises were made to the community. promises of support as well as money. The key to realizing the vision of the connnunity will be connecting daily life and short term action to the long term vision. Everything that happens in the community must take into account the values and philosophy that %vent into this document. MENEM ;c'I�i: �f�'. '.144pi1 >;+GF GHYK`F �7aCC�aFlH:.. W-, AfrAlf-I Due::,RaIVAC,: My The Day 5 panel listed the promises made to the community. MLA Trevor Holder addresses the crowd on the closing day of the charrette. 64 Promises Made On the last day of the charrette the community presented the week's work to a crowd of about 100 people. The day was opened by a local youth and attended by a number of dignitaries including MP Paul Zed, MLA Trevor Holder, Mayor Norm McFarlane and Councilor Peter McGuire. Community members Rob Pierce and Joan McInnis also said a few words. and Rob presented the group's ideas for the "Winds of Change ", an immediate short-term solution for drafty windows. A number of promises were also made to the community including: • Paul Zed and Elizabeth Weir will work with CMFiC to support the "Winds of Change" Program. • Mayor Norm McFarlane pled( $1000.00 to the community. • Aliam donated $1000.00 in partnership vvith UNBSJ for a bursary program for youth from the. North Find to attend the university. • Seth Asimakos from the Community Loan Fund promised to work with the community to implement "Money Matters" Training for residents. • Rob Pierce and Tammy Calvin committed to leading the "Winds of Change" project. MMENN Next Steps There is obviously a lot of momentum building in the North End, and b} the sounds of it the community has a lot of support from community members and partners in all levels of government. It is important to act immediately and start to turn this momentum into real action. Some immediate steps are; 1. Complete an official community plan that deals with infrastructure, service location, open space, social programs, land use and housing. The plan can build on the initiatives in this document. 2. Initiate organizations and structure to deal with project implementation and action. Community institutions will need to be established (to build on existing community groups and create new ones). Decide on roles and responsibilities. 3. Contact government agencies (municipal, provincial and federal) for funding and support. Makc sure the links to the City are strong and sustainable. 4. 'Iake immediate action on 1 or 2 projects. Community resident and ONE Change member Carolyn McCullough speaks about her experience with co -op housing. Mayor Norm McFarlane attended the closing ceremonies and promised the community $1000 to support "Winds of Change ". 65 kpplication for a Zoning By -la )emande de modification i I'a kpplicant Related Information / Re r. Jame of Applicant / Nom du demandeur vlailing Address of applicant / Addresse posude yt, 1 w Amendment rreW sur le z seignements sut page le demandeur du demandeur 5 03 *uva "t V Postal Code / code postal Eak 3V!5 / Travail &rent) S telephone Number / Num6ro de Wdphone Home / Domicile Fax Number/ Numdro de teldcopieur Name of Property Owner (if different) / No - C� Work du propn6taire (si i Qr Address / Adresse (S Property Information / Renseigne Location/ Emplacement N9 are Ci c It / Lot Area / Superficie du lot Existing Use of Property / Utilisation actuelle Municipal Plan land Use Designation Designation de utilization des terres sur le plan Amendment Requested t Modification Present Zoning / ,Zonage actuel ❑ Change Zoning to / Modification di and/or / ou ❑ Tent Amendment (indicate paiticui TLCA5E SEE Postal Code / Code postal ikk vh r\ I f A 5 065139 a eats sur la prop + Ga- No de voirie Street Frontage de la propri4td municipal demandee Street I Rue PID I NIP Fagade sur rue re� t zonage ) / Modification di A`C'T A,CtA i r Sn Le texte (indiquez ies details) C D CX I Development Proposal ! Proposition d'aminagement i Description of Proposal / Description de la pnTosition -T LCA5 -L 5E C(A M C H E D You must provide a scaled site plan that illu ates Vous devez urnir un plan du site h V&helle illustrant votre your proposal. You may also provide proposition, Vous pouvez 9galement fournir des photographs, building plans, elevation drawings photographi s, des plans de bdtiment, des dessins de plan and any other form of information. The plan Must d'46Mvation et toute autre forme de renseignement Le plan show the dimensions of the property, the location doit indiquer les dimensions de la proprMM, 1'emplacement de of all buildings, driveways, parking areas, la totalitJ des bktiments, des allies, des aiees de landscaping and signs. It is important that th stationnemei it, des am6nagements paysagers et des panneaux distance between the property boundary and de signalise 'on. Il est important d'indiquer la distance entre buildings are shown. les limites de la propri &,4 et les hd iments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuv6es. T LtT A 5P-S'C IBC 1 E l� Provide any other information about your prcpDsal that would be lelpfuL l Fournir tout autre renseignement concernani votre proposition qui pourrait etre utile. -�'LE-pk-�C Sic- (� qciAEb Signature of Applicant/ Signature du dernam ieur 9/ Date —!6 Lk3A ❑ SW Application Fee Enclosed / Ci joint les frais de den ande de 400 S If you are not the owner of the land in question Si vous n ies pas le propri -6taire du terrain en question, please have the owner sign below. The signature of veuillez o 5tenir la signature du proprietaire dons la partie the owner is authorizing this application to proceed ci- dessou . La signature du propriLtaire autorisant le for consideration by Common Council traitemen r de la prt4sente demande pour que cette derni�re soil exam We par le conseil communal. Signature of Owner (if applicable) Signature due propri6taire (s'd y a lieu) - Date: To Date: From The City of Sai t John Planning a May 14, 2007 W. S. Reid Che ore, MOSHER CH DORE Solicitor for the Applicant, Adams Special Care Homes Inc., Per Faye Adam Re: Victoria House,j 178 Bridge Owner: Adams Special Care Homes Inc. Applicant: Adams Special Care Homes Inc. Zoning: "RM -1" Three torey Multiple I Proposal: To permit the c ntinu facility ") for 9 resider Application: Rezoning to "11,- 1" N This is a re- zoning application for Victoria Hot John, PID # 373910. This lot is presently zoned as an "RM -1" Three owner, Adams Special Care Homes Inc, per Fa; on information provided by the City of Saint Jo property must be rezoned to art "IL -1" Neighbo continuing operation of a special care home ( "g Attached please find the doe «A" Development :, Saint John, New Brunswick Faye Adams of a special care home ( "group care Institutional 178 Bridge Street, in the City of Saint torey Multiple Residential. The current Adams, is of the understanding, based i Planning and Development, that this hood Institutional, in order to permit the ,up care facility ") for nine (9) residents. i, in relation to the above - noted: 1. Service New Brunswick Property printot (8 pages), which includes a copy of a registered Building Location Survey. 2, Province of New Brun Certificate of Approval Renew to Faye Adams / Wendy Murp] Street, Saint John, for Supervh residents, (one page) 3. Copy of e -mail corre: Regional Coordinator, Adult Department of Family and C Chedore. (one page) for a Commur operators, for of Family and Community Services y Placement Residential Facility issued 'ictoria House located at 178 Bridge Services for a maximum of nine (9) dated M 7, 2007, from David Cunningham, it Facilities, Province of New Brunswick, Services o Misty Matthews - Emery, Mosher 4. Original hand -drawn s*tches of the at 178 Bridge Street. (five pag s) 5. Original photographs of the property New Brunswick, (thirteen phot graphs) The above -noted property was 1991, from vendors of the surn already being operated as a spe purchase, the property has beer Community Placement Resider has the necessary Provincial ap until the recent attempted sale raised by the solicitor for the pi being made to seek the City of This facility provides residents home and secure in that enviro: similar or better condition than neighbourhood. It is believed I has not resulted in a reduction: facilities are necessary, and she urchased by AdE me Seale. At th4 ial care home by licensed by the F :ial Facility for a �rovals, and the c f the property, at aint John's with excellent ca anent. The prop the surrounding 1 hat the facility do n quality of adjac uld not be prohib and exterior of the property located at 178 Bridge Street, Saint John, ms Special Homes Inc. / Faye Adams in time of purchase, the property was the then vendors. Since the time of rovince of New Brunswick as a maximum of nine residents. The facility �vner was not aware of any problem which time the issue of zoning was ugly, an application for rezoning is now wal of the existing use. and supervision. The residents feel at ty is very well kept. The building is in ►perties. The facility fits well into the not cause disruption in the area and I residential uses. These types of ;d from being located in the area. rt fl a I SeS— S42_g837 n I. �' tD :n4 Ti 9 S OD M co " T. ►-� N 0 CD u n x y pool .m o u o x� CD u n x y pool .m o u Mosher L a W V e r S The Red Rose Tea Building 12 Smythe Street, 5th Floor Saint John. N.B. E2L5G5 y WSRC/mame 01 tel. 506.634. 1600 fax. 506.634.0740 email: I W Y f f S. Reid Chedore MAY 16 2007 WSAP6 Rnb-symPatica­ vvet): vvww.mosherchedore-ca t. May 15, 2007 To Be Hand Delivered City of Saint John o 2007 Planning and Development 10th Floor, City Hall Attention- Mr. Randy Poll ck Dear Mr. Pollock: Re- 178 Bridge Stre t, Saint John N N Application for Rezoning This will confirm we represe t Faye Adams an I Adams Special Care Homes Inc. Accordingly, we are assisting her with an Appl cation for rezoning respecting the above- IF, noted property. Please find enclosed the origi ial and one co py f the Application for rezoning along with attachments, as well as our c eque in the arrio, t of $400.00 payable to the City of Saint John. questions or If you have any que oncems, plea se d not hesitate to contact the undersigned. However, I will be away fro the office from May 16, 2007, returning May 28, 2007. In my absence, please contact 'sty Matthews-Eniery, an associate with our firm. y WSRC/mame 01 tel. 506.634. 1600 fax. 506.634.0740 email: I W Y f f S. Reid Chedore MAY 16 2007 WSAP6 Rnb-symPatica­ vvet): vvww.mosherchedore-ca t. Mistv Matthews From: "Cunningham, David (FCC To: <mmatthews @mosherche Cc: "McKendy, Charles (FCS/ <fern. mccavour @gnb, ca> Page 1 of 1 ')" <david.cun Ingham @gnb.ca> . ca> " <Chades.Mc endy @gnb.ca >; "McCavour, Fern (FCSISFC)" Sent: Monday, May 07, 2007 11 43 AM Subject: Adams, Victoria House Ms. Matthews -Emery, As per our phone discussion: I have reviewed the Adams file and found documentation c St. property, under the aforementioned 9perator, June 1, 1 (Davuf `W. Cun"fiiam Regional Coordinator Adult Residential Facilities Saint John /St. Stephen phone: (506) 643 -2850 fax: (506) 658 -3071 david.cunningham @gnb.ca NOD32 2161 This message was checked by NO http: / /www.eset .-corn 1) Information 2 antivirus nfirming that this Department first licensed the Bridge 91. The license at that time was nine (09) beds. 5/7/2007 -- Pfpox Te zo reed v 0 FeA 1 �Q y S i .a p Fee+ Prone NJ o s 0 � F�e11 � 1 � IL �4 t t 1 I L r� �"0am y� x,13 Y C7 0 �ar5 t o IvOp 00 PI PROPOSED ZONING BYLAW AMENDMENT RE: 178 BRIDGE Public Notice is hereby given that the Common Council of The City of Saint Jolm intends to consider amending The City of Sain John Zoning By -law at its regular meeting to b held in the Council Chamber on Tuesday, July 3, 2007 at 7:00 p.m., by: Rezoning a parcel of land located t 178 Bridge Street, having an area of approximat ly 440 square metres, also identified as PID No. 0 373910, from "RM -IF" Multiple Residential In ill to "IL -1" Neighbourhood Institutional. REASON FOR CHANGE: To recognize an existing group permitted use. The proposed amendment may be ii interested person at the office o: Clerk, or in the office of Development, City Hail, 15 Marke John, N.B. between the hours of 8:3 p.m., Monday through Friday, ind excepted. Written objections to the amei to the undersigned at City Hall, facility as a petted by any the Common 'lanning and Square, Saint a.m. and 4:30 3ive, holidays may be sent DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 178, RUE BRIDGE A is public est donne, par la pr6sente, que le co seil communal de The City of Saint John a 1'i tention d'etudier la modification suivante de I'arrdtd sur le zonage de The City of Saint John, au ca rs de la reunion ordinaire du conseil pravue le m rdi 3 juillet 2007 a 19 b dans la Salle du R zonage dune parcelle de terrain d'une s perficie approximative de 440 metres carr6s, si uee au 178, rue Bridge, et identifiee sous le NlD 00373910, de zone d'edification de logements ultiples sur terrain intercalaire « RM -IF » A q artier a vocation collective « IL -1 ► >. DE LA MODIFICATION: re Putilisation d'un foyer de groupe T ute personne intaressde peut examiner le projet d modification au bureau du greffier communal ou a bureau de Purbanisme et du ddveloppement a 1' 6tel de ville au 15, Market Square, Saint John, N -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, s of les jours ferias, :z faire parvenir vos objections au projet de .ation par derit a Fattention du soussign6 a de ville, J. Patrick Woods, Common Clerk J. Patrick Woods, Greffier communal 658 -2862 658-2862 PROPOSED ZONING BY-LAW AMENDMENT RE: 178 BRIDGE STREET Public Notice is hereby given that the Common Coun it of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its r gular meeting to be held in the Council Chamber on Tuesday, July 3, 2007 at 7:00 p.m., by: Rezoning a parcel of land located 4t 178 Bridge Stre t, having an area of approximately 440 square metres, also identified as PID No. 0373910, from " -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional. REASON FOR CHANGE: To recognize an existing group care cility as a The proposed amendment may be in petted by any or in the office of Planning and Dev lopment, City hours of 8:30 a.m. and 4:30 p.m., Mo day through I Written objections to the amendmentlmay be sent to the J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIIFICATION DE OBJET: 178, R Avis public est donne, par la pr6sen e, que le conseil d'6tudier ]a modification suivante d I'arret6 sur le reunion ordinaire du conseil prevue 1 mardi 3 juillet Rezonage d'une parcelle de terrain 41une superficie al rue Bridge, et identifiee sous le NP 00373910, de terrain intercalaire « RM -IF » a q artier a vocation RAISON DE LA MODIFICATION: Reconnaltre Putilisation d'un foyer a groupe existante. Toute personne interess6e pent ex . bureau de Purbanisme et du d6ve entre 8 h 30 et 16 h 30 du lundi au use. -sted person at the office of the Common Clerk, 15 Market Square, Saint John, N.B. between the , inclusive, holidays excepted. at City Hall. ARRETE SUR LE ZONAGE 111-31to I" nunal de The City of Saint John a 1'intention ,e de The City of Saint John, au tours de la a 19 h dans la salle du conseil: mative de 440 metres carr6s, situ6e au 178, d16dification de logements multiples sur :tive o IL -1 >>. le projet de m dification au bureau du greffier communal ou au ent a 1'h6te1 e ville au 15, Market Square, Saint John, N. -B., di, sauf les jo s f6ri&s. Veuillez faire parvenir vos objections au projet de 1'h6te1 de ville. J. Patrick Woods, Greffier 658 -2862 fication par 6crit a 1'attention du soussign6 a City of Saint John INTE AL INSEI TION ORDER For City of Saint John use only: Bud et Number: 11008014422010 Department: Common Cler 's Office (Account # 71206) Contact: J. Patrick Woods Common Cler Greffier communal Phone; (506) 658 -2862 ax: (506) 674 -4214 Special Instructions (if any): Newspaper (SJTJ= SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds (Boldface Insertion Dates (Check as ap licable) Saint John Telegraph Journal) Date(s): uesday, June 5, 2007 uesday, June 26, 2007 Date(s); Date(s): you want Section Headline: ❑ eneral Notice © IPublic Notice in Ad, Centre, Tab, etc.) [] Tender ❑ Proposal Sub - Headline (if applicable): Text: INSERT ATT kCHED Call to Action: J. Patrick Woods, Common Cler Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER .P.110- A LAW TO AMEND THE ZONING BY LAW OF THE CITY OF SAI T JOHN Be it enacted by Th� City of Saint John in Common Council convened, as follows: The Zoning By -law f The City of Saint John enacted on the ni eteenth day of December, A.D. 2005, is am nded by: 1 Amending Schedu a "A ", the 1 Zoning Map of The City of Saint John, by P re- zoning a parcel of land ocated at 178 p Bridge Street, having an area of u approximately 440 square metres, also a identified as PID number 00373910, from a "RM -IF" Multiple Residenti l Infill to "IL- I" Neighbourhood Institutio al. lc ARRETE No C.P. 110 - &TE MODIFIANT L'ARRtTE LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil nal, The City of Saint John a cc qui suit : L'arrete sur le zonage de The City Saint John, decrete le dix -neuf (19) embre 2005, est modifie par: La modification de Pannexe «A», i de zonage de The City of Saint John, nettant de modifier la designation pour parcelle de terrain d'une superficie roximative de 440 metres carres, situee 178, rue Bridge, et identifiee sous le > 00373910, de zone d'edification de . ments multiples sur terrain intercalaire 0 IF u A quartier A vocation collective u IL -1 ». - all as shown on the plan att�ched hereto - and forming part of this by -1 w. 1 IN WITNESS WHEREOF The City of E Saint John has caused 1he Corporate a Common Seal of the said City to be affixed p to this by -law the * day of *, A.D. 2007 a and signed by: les modifications sont indiquees sur ci joint et font partie du present I FOI DE QUOI, The City of Saint John ait apposer son sceau communal sur le ;sent arrete le 2007, ;c les signatures suivantes : communal First Reading - Pemiere lecture - Second Reading - D uxiemc lecture - Third Reading - T oisieme lecture Planning Advisory Committee June 27, 2007 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: 178 Bridge Street - Rezoning Application City of Saint john On June 6, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 26, 2007 meeting. Mr. Reid Chedore, solicitor for the applicant, acknowledged that the staff report had been reviewed and his client, Ms. Faye Adams, was in agreement with the recommendation. No one appeared in opposition to the application and no letters were received. The Planning Advisory Committee adopted the recommendation as set out below: RECOMMENDATION: 1. That Common Council rezone a parcel of land at 178 Bridge Street, also identified as PID Number 00373910, from "RM -1F" Multiple Residential Infill to "IL -1" Neighbourhood Institutional; and 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of 178 Bridge Street be subject to the condition that the use of the property is limited to a group care facility providing care for not more than nine (9) clients and, that further upon rezoning of the property, the land, building and structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, ephen Horgan Chairman SKH Attachments Project No. 07 -190 Planning and Development Urbanisme et Uveloppement ivwv ,v.saintjohn.ca DATE: JUNE 22, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 26, 2007 tzrA Herring, Nf Planner SUBJECT: Name of Applicant: Faye Adams Name of Owner: Adams Special Care Homes Inc. Location: 178 Bridge Street PID: 00373910 Municipal Plan: Medium Density Residential Zoning: "RM -IF" Multiple Residential Infill n.�n. Proposal: To recognize an existing group care facility as a permitted use Type of Application: Rezoning from "RM -IF" Multiple Residential Infill to "IL -i" Neighbourhood Institutional 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 Tuesday, July 3, 2007. Faye Adams Page 2 178 Bridge Street June 22, 2007 STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land at 178 Bridge Street, also identified as PID Number 00373910 from "RM -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional; and 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of 178 Bridge street be subject to the condition that the use of the property is limited to a group care facility providing care for not more than nine (9) clients and, that further upon rezoning of the property, the land, building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. INPUT FROM OTHER SOURCES: Building and Technical Services has indicated that they have no record of any Permit being obtained to convert the subject building from a single - family dwelling to a group care facility and that there may be life safety issues requiring action. A permit and accompanying inspection must be obtained from the Department of Building and Technical Services. Saint John Transit offers extensive service in this area and supports high density development. Accordingly, they have no concerns with this application. N.B. Department of Community Services submitted a comment with the application stating that the Bridge Street property has been licensed by their Department, under the current operator, for nine beds since June 1, 1991. ANAt.VISi9- The subject site is located at the corner of Bridge Street and Victoria Street in the Old North End. The surrounding area contains a mixture of single- and multiple - family dwellings, as well as several "BR" Business Residential buildings at the confer of Bridge Street and Main Street, and Victoria Park one block east of the subject site. The 438 square metre (4,715 square foot) subject site currently contains a group care facility providing care and supervision for nine clients in a residential dwelling; however, the current "RM- IF" Multiple Residential Infili zoning of the property, and the previous "RM -1" Three Storey Multiple Residential zoning permit only a maximum of six clients in a special care home. The existing use has been in operation and licensed by the Department of Family and Community Services since 1991 and the current owner claims that she was unaware of the conflict with the Zoning By -law. This conflict was discovered as the property is in the process of being sold and the prospective new owner is requesting that the property be rezoned from "RM -IF" Multiple Residential Faye Adams Page 3 178 Bridge Street June 22, 2007 infill to "IL -1" Neighbourhood Institutional to recognize the existing nine -bed group care facility as a permitted use. This application does not require an amendment to the Municipal Plan as those institutional and community facility uses that serve the needs of the local population and are compatible with residential uses are permitted in residentially designated areas. The Plan directs that the evaluation of compatibility with surrounding residential uses should give consideration to the location of the use, the architectural style of the building and its suitability in the neighbourhood context, the floor area of the building, and the parking areas, setbacks, lighting, landscaping and signage associated with the use. The Municipal Plan also directs that those uses with the potential to create excessive traffic, smoke, dust, fumes or noise and hazardous or dangerous conditions should be excluded from residential areas. The existing group care facility at 178 Bridge Street has been in operation at that location for a significant length of time and does not appear to have created any conflicts or incompatibilities with the surrounding residential neighbourhood. The building in which the facility is located is well maintained and appears completely in context with the surrounding single- and multiple - family dwellings and there are no outward indications that the building is being used for anything other than a residential dwelling. One on -site parking space is provided in the rear yard, and there appears to be sufficient space to add another parking space if it were needed; however, the Zoning By -law only requires 1 parking space for every 6 beds in a group care facility or special care home. During a site visit by staff, several neighbours commented that they were aware of the existing group care facility and were not concerned about the proposed rezoning as the facility had never been a source of concern or nuisance. CONCLUSION: Given that the existing group care facility has been in operation and licensed by the Department of Family and Community Services for 16 years and has demonstrated compatibility with the surrounding residential neighbourhood during that time, the proposed rezoning to recognize the facility as a permitted use can be supported. It is recommended; however, that the use of the site as a group care facility be limited to a maximum of nine clients. SKH Project No. 07.190 PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT 1 171`` ctotia SL 1865 a Subject Site /site en question: PID(s) /NI P(s): 00373910 Location: 178, rue Bridge Street Date: June 12, 2007 Scale /echelle: Not to scale /Pas 6 1'6chelle 149�, N �Jl ti 17� , no ,33 — 1 1371 I I 1 J —I ■ 1 * 1 1 , � r 1'. 101 I} 1 1 0 a •'�1 *ti's 52 � y � 1 � ` 24 • RM -1 •_ ?sl • ���tr ]23 t 15 7 77 0 t i1 � 31 13 3 332 - 1 • I • I r 0a1n ,tie 1� Subject Site /site en question: PID(s) /NI P(s): 00373910 Location: 178, rue Bridge Street Date: June 12, 2007 Scale /echelle: Not to scale /Pas 6 1'6chelle W c a Ij `�� :: �• z r W (A LLJ =E Q ; w � W ms`s` i • x V) w Lt.'s raw ` _ ° z ~ J °: u CL _ 3: z y i � d� -r – 1 O s= - � x c e Is I C �W a 3 It ice_ ll7 ks Ws iii t�% i71° �311Y HOMM7 ° �' s G ; 2rfm 9C) I oil v { a a —aW � o IM LLi I� - - - - - -- I . Al ` E LJ KUM � s I— _ � cr c et CY r o l%1 tic -- �' o �-- is sit s v E ° llt 3K I� � sr� .,+ oro, 1 V aw �• 7 c r � 1���1S ��Oi�•� �� . v ti 0 q� r-oe4- t I b cep- 3D Fce4 ' Cgir v u fi 0 20 ray ZU, 61 3 3D Fee+ FrcrJ }?� Prp- 1 v 1`X1 r�x�� W mry, ��Xt1 �CAWm Hal/ 110 Ir .r I I W5 f �oxa �xg I m 4 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification au plan municipal et a Varrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant /Nom du demandeur s\ ­,), 4 C ,, , ,c� Mailing Address of applicant / Addresse postale du demandeur �j : L_L � 1� L Postal Code / Code postal L 17 L I �I Telephone Number / Numdro de tdldphone Home/ Domicile - Z 7 Work / Travail r Fax Number / Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse Property Information / Renseignements sur la propriW Location / Emplacement Civic # /No de voirie Lot Area / Superficie du lot Existing Use of Property / Utilisation actuelle de la propridtd Postal Code / Code postal: Street ue Street Frontage / Fagade sur rue SsI,!�13g PID /NIP Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal i Present Zoning / Zonage actuel Amendments Requested / Modifications demand6es M icipal Plan / Plan municipal D Change Land Use Designation to/ Modifier la ddsignation de Putilisation des terres a r and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -law/ Arr €td sur le Zonage Change Zoning to / Modification du zonage P t me55 f `4'r and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte ( indiquez les ddtails en annexe) Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition Ccimcl41\CT 1_, aim OV Qnst -.-- t--m n—. -e- ,r: % C C t�Y1 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 a I`Johelle illustrant votre proposition. Vous pouvez dgalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement, Le plan du site dolt indiquer les dimensions de la proprietd, 1'emplacement de la totalite des bdtiments, des allees, des aires de stationnement des amenagements paysagers er des panneaux de signalisation. 11 est important d'indiquer la distance entre les limites de la proprietd et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient Otre approuvdes. i I Z Pf<x),A e V.), NP,.1 ClN �)r-ticL4 C v� _(l_c�l� zca4�> Q 0 m c\ ,t.l l-,N c�aYt\r!. ec�c r �1pc,.r v. Al C�C�cep�S G, kdNh c,',CIa��Jr1 Provide any other information about your pr4sal C �S� that w4ld be helpful. / Fournir tout autre renseigne proposition qui pourrait We utile. t-c ti �� i Signature of Applcant I Signature demandeur Date $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ Ifyou are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council. Signature of Owner (if applicable) Signature du proprietaire (s' it y a lieu) Date concernant votre Si vous n'etes pas le proprietaire du terrain en question, veudlez obtenir la signature du proprietaire dans la partie ci- dessous. La signature du proprietaire autorisant le traitement de la prdsente demande est requise pour que cette derniare soft examinee par le conseil communal. 51�C w �h l 67ti t TH F �Gr �O J�- C q ha b 2 t s PROPOSED BP 3.2 Ac - 0.4 LPP PiD #55161384 L7 1 i A B- d� n0 �G Wo of - �*j o ec fg 9q P 55 Dr ry C ve Road B -2 �41%PCUQ C Qa HIGHLANDS OF DRURY CDVF_ Technology Centre March 13, 2007 Common Clerk's Office Bureau du greffier communal www.saintjohn.ca May 22, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors P.O. BOX /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 SUBJECT: Proposed Municipal Plan Amendment — 71 Drury Cove Road A Public Presentation was made on April 10, 2007 of a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A of the Plan from Low Density Residential and Open Space to Business Park classification, a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID Number 55175558 and portions of PID Numbers 55027163, 55161384 and 55178909 to permit re- zoning of the land from "B -2" General Business to "BP" Business Park classification, and subsequent development of a building for the assembly of heating products, and related office uses as requested by Drury Cove Developments Inc. The required advertising has been completed, and attached you will find a copy of the application, public notice of the proposed municipal plan amendment and insertion order. No written objections to the proposed re- zoning have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, July 3, 2007 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk Attachment PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 71 DRURY COVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday, July 3, 2007 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential and Open Space to Business Park, a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of'PID Nos. 55027163, 55161384 and 55178909, as illustrated below. PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 71, CHEMIN DRURY COVE 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 Parretd sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le mardi 3 juillet 2007 a 19h, en apportant les modifications suivantes : 1. Reclassification, a I'annexe 2 -A du plan d'am6nagement municipal, d'une parcelle de terrain d'une superficie d'environ 1,3 hectares, situee au 71, chemin Drury Cove, et portant le NID 55175558 et aussi etant une partie des NID 55027163, 55161384 et 55178909, pour la faire passer de zone residentielle de faible densite et zone des espaces verts a zone de part commercial, comme le montre la carte ci- dessous. 2. Rezoning the same parcel of land from 1113-2" 2. Modification du zonage de la parcelle de terrain General Business and 11TH" Townhouse to "BP" precitde pour la faire passer de zone Commerciale Business Park. g$n6rale o B -2 » et zone de maisons en rangee o TH » a zone de pare commercial « BP >>. (INSERT MAP) REASON FOR CHANGE: To permit the development of a building for the assembly of heating products, and related office uses. 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, J. Patrick Woods, Common Clerk 658 -2862 (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre I'amdnagement d'un batiment destine a ]'assemblage de produits de chauffage et de bureaux connexes. Toute personne interestee peut examiner les modifications proposees au bureau du greffier communal ou au bureau de 1'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 jours feries. Veuillez faire part de vos objections aux projets de modification proposes par ecrit a ]'attention du soussignd a I'h6tel de ville. J. Patrick Woods, greffier communal 658 -2862 PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 71 DRURY COVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the (ity of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Tuesday,jJuly 3, 2007 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential and Open Space to Business Park, a parcel of land wit I an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, as illustrated below. 2. Rezoning the same parcel of land from "B -2" General Business and "TH" Townhouse to "BP" Business Park. (INSERT MAP) REASON FOR CHANGE: To permit the development of a building for the assembIV of heating products, and related office uses. 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 Hall6 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Fridaiy, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hail. J. Patrick Woods, Common Clerk 658 -2862 ------------------------------------------------------------------- PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 71, CHEMIN DRURY COVE 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'am6nagemenit municipal et 1'arretc sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra 4ans la salle du conseil le mardi 3 juillet 2007 a 19 h, en apportant les modifications suivantes 1. Reclassification, a 1'annexe 2 -A du plan d'amenagcment municipal, d'une parcelle de terrain d'une superficie d'environ 1,3 hectares, situ&e au 71, chemin ,brury Cove, et portant le NID 55175558 et aussi 6tant une partie des NID 55027163, 55161384 et 55178909, pour la faire passer de zone residentielle de foible densite et zone des espaces verts a zone de part gommercial, comme le montre la carte ci- dessous. 2. Modification du zonage de la parcelle de terrain prWt6e pour la faire passer de zone commereiale g6nerale « B -2 » et zone de maisons en rang6e « TH >i a zone de pare commercial « BP ». (INSERER LA CARTE) RAISON DE LA MODIFICATION: i Permettre I'am6nagement d'un batiment destine a 1'a4rnblage de produits de chauffage et de bureaux cormexes. I Toute personne int6ress6e peut examiner les modificaticgns proposees au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement A Ph6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jou s f6ri6s. Veuillez faire part de vas objections aux projets de modification proposds par dcrit a Vattention du soussignd a Vh6tel de vide. I J. Patrick Woods, greffier communal 658 -2862 k*Y4 \ ` ` i City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 1 10 0801 442 2010 Text: INSERT ATTACHED i Department: Common Clerk's Office (Accou # t # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 x: (506) 674 -4214 Special Instructions (if any): i Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad Date(s): uesday, June 5, 2007 uesday, June 26, 2007 " SJTJ Independent Placement Date(s): SJTJ Classifieds Date(s): Informatio for Ad (Boldface anything you want B Id in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED i Call to Action: J. Patrick Woods, Common Cler Greffier communal Contact: Telephone: (506) 658 -2862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 71 DRURY COVE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan that would redesignate on Schedule 2 -A of the Plan, from Low Density Residential and Open Space to Business Park, the following property: A parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, as illustrated below. (INSERT MAP) A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Tuesday, April 10, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the land, from `B -2" General Business to "BP" Business Park, and subsequent development of a building for the assembly of heating products, and related office uses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 10, 2007. Enquiries may be made at the office of the Common Clerk or 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. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 71, CHEMIN DRURY COVE s public est donne, par les pr6sentes, que le Seil communal de The City of Saint John a tention d'6tudier une modification du plan nenagement municipal visant a faire passer la >sification du bien -fonds suivant, a ]'annexe 2 -A plan, de zone residentielle de faible densite et e des espaces verts a zone de pare commercial parcelle de terrain dune superficie imative de 1,3 hectares, situ6e au 71, chemin Cove, et portant le NID 55175558 et aussi ant une partie des NID 55027163, 55161384 et 178909, telle qu'elle est delimitec sur la carte ci- LA CARTE) presentation publique du projet de ification aura lieu au tours de la seance :faire du conseil communal prevue le mardi 10 12007 dans la salle du conseil, au niveau du d'entree, a l'h6tel de ville. DE LA MODIFICATION: ettre le rezonage desdits biens -fonds afin de passer la classification s'y rapportant de zone aerciale g6nerale << B -2 » a zone de pare rnercial << BP » en vue de 1'amenagement d'un ►ent destine a ]'assemblage de produits de Tape et de bureaux connexes. euillez faire part au conseil par 6crit de vos objections, au projet de modification au plus tard le 1 mai 2007 a ]'attention du soussign6. Pour toute d mande de renseignements, veuillez vous adresser a bureau du greffier communal ou au bureau de 1' banisme et du developpement a 1'h6tel de ville aV 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jc urs fends. J. Patrick Woods, greffier communal 658-2862 �� I i `, ��� �'o ,` �� PROPOSI'ED MUNICIPAL )LAN AMENDMENT RE: 71 DRURY COVE ROAD Public Notice is hereby given that the Common Counci of The City of Saint John intends to consider an amendment to the Municipal Development Plan that wo ild redesignate on Schedule 2 -A of the Plan, from Low Density Residential and Open 4ace to Business I ark, the following property: A parcel of land with an area of opproximately 1.3 identified as being PID No. 551755$8 and portions of illustrated below. (INSERT MAP) A public presentation of the proposed amendment will Council on Tuesday, April 10, 20071 in the Council Cl ares, located at 71 Drury Cove Road, also Nos. 55027163, 55161384 and 55178909, as place at the regular meeting of Common er, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the land, from `B -2" Genera Business to `BP" Business Park, and subsequent development of a building for the assembly of heating p oducts, and related office uses. Written objections to the proposed aimendment may bej made to the Council, in care of the undersigned, by May 10, 2007. Enquiries mayl be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint Jolui, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excep ed. J. Patrick Woods, Common Clerk 658 -2862 --------------------------- - - - - -- PROJET DID MODIFICATIO OBgT : 71, CHEMIP Avis public est donne, par les pr6se4tes, que le Conseil d'6tudier une modification du plan Id'am6nagement m bien -fonds suivant, a 1'annexe 2 -A du plan, de zone ri verts a zone de part commercial: DU PLAN MUNICIPAL DRURY COVE ial de The City of Saint John a l'intention visant a faire passer la classification du ie de foible densiti et zone des espaces une parcelle de terrain dune superfi�ie approximative a 1,3 hectares, situ6e au 71, chemin Drury Cove, et portant le NID 55175558 et aussi 6tant une partie �es NID 55027163, 55161384 et 55178909, telle qu'elle est d6limit6e sur la carte ci- dassous. (INSERER LA CARTE) I Une presentation publique du projet }le modification au a lieu au tours de la s6ance ordinaire du conseil communal pr6vue le mardi 10 avril 12007 dans la salle u conseil, au niveau du hall d'entr6e, a Ph6tel de Ville. RAISON DE LA MODIFICATION: i Permettre le rezonage desdits biens -fonds afin de faire asser la classification s'y rapportant de zone commerciale gdndrale o B -2 » a zoni de parc commerc al << BP » en vue de 1'amenagement d'un batiment destine a Passemblage de produits de chauffage et de bu eaux connexes. Veuillez faire part au conseil par dorit de vos objecti ns au proj et. de modification au plus tard le 10 mai 2007 a 1'attention du soussigne Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au;bureau de Purbani me et du d6veloppement a Ph6tel 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 ferids. J. Patrick Woods, greffier communal: 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 11008014'.22010 Text: INSERT ATTACHED Department: Common Clerk's Office (Account # 71206 Contact: J. Patrick Woods Telephone: (506) 658 -2862 Phone: (506) 658 -2862 1 Fax: (506 ) 674 -4214 Special Instructions (if any): Newspaper Inset (Check as al (SJTJ ='; Saint John T SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s) Date(s): Date(s): Information (Boldface anything you want I Section Headline: [] General Notice D Public Notice ilicable) egraph Journal) , March 27, 2007 for Ad d in Ad, Centre, Tab, etc.) Tender ❑ Proposal Sub- Headline (if applicable)_:_ Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Cler Greffier communal Contact: Telephone: (506) 658 -2862 Common Clerk's Office Bureau du greffier communal www.saintjohn.ca March 20, 2007 / 20 mars 2007 Drury Cove Developments Inc. P.O. Box 275 Saint John, N.B. E21- 3Y2 Dear Sir: Re: 71 Drury Cove Roadj Enclosed is a copy of tqe Public Notice regarding a roposed Municipal Plan amend ent for redesignation of the: above property. Following the date for the receipt of objections, namely, May 10, 2007, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning 'Advisory Committee. Yours truly, J. atrick Woods Common Clerk / Greffier communal JPW /jaf encl. / P. j. P.O. Box/C.F. 1971 Saint John, NB /N. -B. CanadEt E2L 4L1 The City of Saint John Moj�sieur, : 71, chemin Drum Cove Vou a trouverez cl- annexee une cople de I'avis public relatif a une modification envi agee au plan municipal en vue de la red4 signation de la propriete ci- dessus. Apr 6s la date de reception des objections, c'es -a -dire le 10 mai 2007, le Conseil communal pourrait autoriser la publication des avis necessaires en vue de I'audience pub ique et demander les opinions du ConhitL& consultatif d'urbanisme. Ve illez agreer, Monsieur, 1'ex ression de nos sentiments distingues. BY -LAW NUMBER C.O. 105 -_ A LAW TO AMENO THE MUNICIPAL PLAN OY -LAW Be it enacted by Tho City of Saint John in Common Council! convened, as follows: The Municipal Plan By -Saw of The City of Saint John enacted 4n the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by rpdesignating a parcel of land with an area of approximately 1.3 hectares,! located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, from Low Density Residential and Open Space to Business Park classification ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil nmunal, The City of Saint John a 6dict6 qui suit : Uarret6 relatif au plan municipal de e City of Saint John d6crU6 le 3 anvier 2006 est modifi6 par; 1 la modification de 1'annexe 2 -A, re ative au plan d'utilisation future des to es, afin de faire passer la designation d' ne parcelle de terrain dune superficie a proximative de 1,3 hectares, situ6e au 71, chemin Drury Cove, et portant le NID 5 175558 et aussi 6tant une pantie des N 55027163, 55161384 et 55178909, de ne r6sidentielle de faible densit6 et zone d s espaces verts a zone de parc - all as shown on the plan attached hereto - utes lcs modifications sont indiqu6es sur and forming part of this by -14w. le plan ci joint et font partie du prdsem a ete. IN WITNESS WHERE0131 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. 2007 and signed by: First Reading - Second Reading - Third Reading - E FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le p 'sent arr @t6 le 2007, avec les si atures suivantes : communal lecture ;lecture ,lecture BY -LAW NUMBER .P.110- A LAW TO AMEND THE ZONING BY LAW OF THE CITY OF SAINT JOHN Be it enacted by Th City of Saint John in Common Council I convened, as follows: ARRIETt No C.P.110- tETL` MODIFIANT L'ARRPT9 LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil nal, The City of Saint John a ce qui suit : The Zoning By -law pf The City of Uarretd sur le zonage de The City Saint John enacted on the nineteenth day of o Saint John, d6cr6t6 le dix -neuf (19) December, A.D. 2005, is amended by: d cembre 2005, est modifid par: 1 Amending Schedu a "A ", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 W 55178909, from `B -2" General Busin ss and "TH" Townhouse to `BP" Busines t Park - all as shown on the plan att�ched hereto and forming part of this by -L w. i IN WITNESS WHEREOF The City of Saint John has caused he Corporate Common Seal of the said Ci }y to be affixed to this by -law the * day o *, A.D. 2007 and signed by: 1 La modification de 1'annexe <<A>>, Plan de zonage de The City of Saint John, p rmettant de modifier la designation pour u e parcelle de terrain situ6e au 71, chemin D liry Cove, et portant le NID 55175558 et at ssi 6tant une partie des NID 55027163, 5 161384 et 55178909, de zone c mmerciale g6n6rale <<B -2» et zone de m isons en rang6e « TH » A zone de parc c mmercial a BP ». - outes les modifications sont indiqu6es sur le plan ci joint et font partie du present a FOI DE QUOI, The City of Saint John it apposer son sceau communal sur le ent arret6 le 2007, les signatures suivantes communal First Reading - P emiere lecture Second Reading - Peuxidme lecture Third Reading - oisieme lecture June 27, 2007 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning 71 Drury Cove Road On May 22, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 26, 2007 meeting. Mr. Mac Blair of Drury Cove Developments Inc. attended the meeting on behalf of the applicant and expressed agreement with the recommendation in the report. No other persons addressed the Committee and no letters were received. After considering the matter, the Committee adopted the recommendation in the attached report. It should be noted that a further recommendation concerning the subdivision aspect of this application will be provided should first and second reading to the requested Zoning By -law amendment be given by Council. RECOMMENDATION: 1. That Common Council redesignate on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential and Open Space to Business Park, a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID numbers 55027163, 55161384 and 55178909. 2. That Common Council rezone the same parcel of land from `B -2" General Business and "TH" Townhouse to `BP" Business Park. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID numbers 55027163, 55161384 and 55178909, for business park uses be subject to the following conditions: Planning Advisory Committee June 29, 2007 Page 2 a) The use of the rezoned area is restricted to office uses and/or assembly of heating products. b) The site must not be developed except in accordance with detailed site plan and building elevation plans generally in accordance with the submitted proposal, to be prepared by the proponent of the development and subject to the approval of the Development Officer, showing the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, landscaping of all disturbed areas not occupied by buildings, structures and parking areas, exterior lighting, underground utilities and exterior building materials, and the approved plans must be attached to the application for building permit for the development of the site. c) All site improvements shown on the approved plans mentioned in condition (b) must be completed within one year of approval of the building permit for the development of the site. d) The provisions of the Section 39 agreement between the City of Saint John and Drury Cove Developments Inc., dated December 24, 2002, with respect to the payment of a $2,500. lot levy, shall apply to the rezoned area, where 5,000 square feet will be considered equivalent to a lot and therefore subject to the $2,500. payment requirement, as well as any credits provided for in the said agreement. e) The $2,500. per 5,000 square feet payment mentioned in condition (d) shall be in the form of a certified cheque delivered to the Development Officer at the time of submission of the application for building permit for any building on the site. Respectfully submitted, Stephen Horgan Chairman RGP /r Attachments Project No. 07 -106 DATE: JUNE 22, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 26, 2007 SUBJECT: Name of Applicant: Randall G. Pollock, MCIP Planner Drury Cove Developments Inc. Name of Owner: Drury Cove Developments Inc. Location: 71 Drury Cove Road PID: 55175558 and portions of 55027163, 55161384 and 55178909 Municipal Plan: Existing: Low Density Residential and Open Space Proposed: Business Park Zoning: Existing: `B -2" General Business and "TH" Townhouse Proposed: `BP" Business Park Proposal: To permit the development of a building for office uses and light assembly of heating products Type of Application: Municipal Plan Amendment, Rezoning and Subdivision Drury Cove Developments Inc. Page 2 71 Drury Cove Road June 22, 2007 JURISDICTION OF COMMITTEE: 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 Tuesday, July 3, 2007. The Act also authorizes the Committee to advise Council with respect to the creation of public streets and land for public purposes (LPP) in conjunction with the subdivision of land. In addition, the Subdivision By -law authorizes the Committee to approve the names of new streets in a subdivision. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council redesignate on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential and Open Space to Business Park, a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID numbers 55027163, 55161384 and 55178909. 2. That Common Council rezone the same parcel of land from `B -2" General Business and "TH" Townhouse to `BP" Business Park. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID numbers 55027163, 55161384 and 55178909, for business park uses be subject to the following conditions: a) The use of the rezoned area is restricted to office uses and/or assembly of heating products. b) The site must not be developed except in accordance with detailed site plan and building elevation plans generally in accordance with the submitted proposal, to be prepared by the proponent of the development and subject to the approval of the Development Officer, showing the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, landscaping of all disturbed areas not occupied by buildings, structures and parking areas, exterior lighting, underground utilities and exterior building materials, and the approved plans must be attached to the application for building permit for the development of the site. Drury Cove Developments Inc. Page 3 71 Drury Cove Road June 22, 2007 c) All site improvements shown on the approved plans mentioned in condition (b) must be completed within one year of approval of the building permit for the development of the site. d) The provisions of the Section 39 agreement between the City of Saint John and Drury Cove Developments Inc., dated December 24, 2002, with respect to the payment of a $2,500. lot levy, shall apply to the rezoned area, where 5,000 square feet will be considered equivalent to a lot and therefore subject to the $2,500. payment requirement, as well as any credits provided for in the said agreement. e) The $2,500. per 5,000 square feet payment mentioned in condition (d) shall be in the form of a certified cheque delivered to the Development Officer at the time of submission of the application for building permit for any building on the site. 4. That, if and when third reading is given to the rezoning mentioned in (2) above, Common Council: a) assent to the subdivision of the property located at 71 Drury Cove Road with respect to the vesting of Stonegate Drive as a public street, the proposed vesting of the land for public purposes along the shore of Drury Cove, and any required municipal services easements and public utility easements. b) authorize the preparation and execution of a City /developer subdivision agreement to ensure the provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. 5. That the Planning Advisory Committee approve the street name Stonegate Drive for the proposed new public street off Drury Cove Road. BACKGROUND: The majority of the subject site was rezoned to `B -2" General Business in two stages, as part of the overall Highlands of Drury Cove development. The central portion including the area along the shore of Drury Cove was rezoned in November 2003, while the northerly and southerly extremities of the site were added to the `B -2" General Business area in November 2005. Section 39 conditions were imposed at the time of the rezonings, setting out the following requirements: a) The use of the rezoned area is restricted to professional offices, hotel and restaurant facilities. b) Each lot in the rezoned area must not be developed except in accordance with detailed site plan and building elevation plans, to be prepared by the proponent of the development and Drury Cove Developments Inc. 71 Drury Cove Road Page 4 June 22, 2007 subject to the approval of the Development Officer, showing the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, landscaping of all disturbed areas not occupied by buildings, structures and parking areas, exterior lighting, underground utilities and exterior building materials, and the approved plans must be attached to the application for building permit for the development of the applicable lot. C) All site improvements shown on the approved plans mentioned in condition (b) must be completed within one year of approval of the building permit for the development of the applicable lot. d) The provisions of the Section 39 agreement between the City of Saint John and Drury Cove Developments Inc., dated December 24, 2002, with respect to the payment of a $2,500. lot levy, shall apply to the rezoned area, where 1,000 square feet of building floor area shall be considered equivalent to a lot and therefore subject to the $2,500. payment requirement as well as any credits provided for in the said agreement. e) The $2,500. per 1,000 square feet payment mentioned in condition (d) shall be in the form of a certified cheque delivered to the Development Officer at the time of submission of the application for building permit for the building on the applicable lot. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposal. Building and Technical Services advises that detailed plans will be required before any National Building Code decisions can be made. Saint John Transit advises that it does not offer service in this area. Saint John Energy advises that it has underground facilities on Drury Cove Road. An extension of facilities will be required to service the proposed lot and this would be at the developer's cost. In addition, an easement will be required to serve the proposed lot. Aliant Telecom advises that it has no issues with the proposed amendments. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. GIS Division /Civic Addressing advises that the street name Stonegate Drive is acceptable. Drury Cove Developments Inc. Page 5 71 Drury Cove Road June 22, 2007 Leisure Services has been advised of the proposal. Fire Department has no objection to the application, but given the scope of the project a number of comments are relevant. It is expected that the development of the road network and parking areas, as well as the construction and operation of the commercial occupancies, will adhere to both the National Fire and Building Codes. Section 3.2.5 of the National Building Code makes particular reference to the provisions for firefighting. The stated provisions shall be adhered to and included but are not limited to the following: • Section 3.2.5.4 Access Routes • Section 3.2.5.5 Location of Access Routes • Section 3.2.5.6 Access Route Design With respect to the consideration on access routes, Appendix A- 3.2.5.6(1) provides that the design and construction of fire department access routes involves the consideration of many variables, some of which are specified in the requirements in the Code. All these variables should be considered in relation to the type and size of fire department vehicles available in the municipality or area where the building will be constructed. It is appropriate therefore that the local fire department be consulted prior to the design and construction of access routes. • Section 3.2.5.7 Water Supply On this particular note, the Fire Department would require that the hydrant network be extended throughout and that appropriate hydrant placements are extended throughout. • Plans Review The applicant is reminded that building plans need to be submitted to the Technical Inspection Division of the Department of Public Safety. Finally, the Saint John Fire Department will reserve the right to review the development as it progresses; nothing within this initial assessment precludes the Saint John Fire Department from raising additional concerns or recommendations based on the state of the development at a future date. N.B. Department of Environment and Local Government has been advised of the proposal. School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is located on the west side of Drury Cove Road just inside the entrance to the Highlands of Drury Cove subdivision. The site is irregularly shaped with an area of approximately 1.3 hectares (3.2 acres). It extends from Drury Cove Road to the shore of the inner cove. Except for one small parcel of approximately 210 square metres (2,260 square feet) in the extreme northwest corner, the site is part of the area that was rezoned as part of the business area of the Drury Cove Developments Inc. Page 6 71 Drury Cove Road June 22, 2007 development. The small parcel in the northwest corner (PID 55175558) was part of the area rezoned to "TH" Townhouse in 2003 but not included in the subsequent residential condominium development as it is intended to be incorporated into the shorefront land for public purposes (LPP) area. Directly to the north of the site is the Highlands of Drury Cove residential condominium area fronting on Drury Cove Road and Upper Deck Lane. To the south is the balance of the existing zoned business area that, at present, is not developed except for the applicant's office building (under construction) at the intersection of Drury Cove Road and Stagecoach Drive. The site is characterized by a steep drop -off from Drury Cove Road and from much of the "B -2" General Business area to the south, as well as from the adjacent portion of the condominium development. Consequently, the majority of the site is closer to the level of the shoreline than that of the surrounding properties and Drury Cove Road. Proposal The applicant proposes to construct a three- storey building of approximately 4,645 to 5,574 square metres (50,000 to 60,000 square feet) of floor area, containing a mixture of office and light assembly activities as well as indoor parking facilities. The proposed development includes boutique office space on the bottom level facing a landscaped public walking trail along the shoreline, which would vest in the City as land for public purposes (LPP). The balance of the building is proposed to contain the head office facilities for NTI, a New Brunswick company that assembles home heating systems. The applicant indicates that the assembly activities are minor in nature and do not result in any emissions of noise, smoke, dust or fumes. All activity and storage would be confined to the interior of the building. A preliminary site plan and a perspective view of the proposed development are attached. The site plan also shows the development concept for the adjacent `B -2" General Business lands to the south that are not part of the present application. The applicant indicates that the proposal fits with the development plan of Drury Cove to provide a community with cutting edge design and concepts. "Green Building" designation is proposed. The building will have a three- storey fagade facing the cove. Due to the topography of the site, the roof of the building will be at or below the level of Drury Cove Road and will not affect the view from the nearby condominiums. The applicant indicates that the existing trees along the edge of the subject site (directly adjacent to the condominium site) will be retained as a feature of the development that will screen the view of the building. Access to the development will not be from Drury Cove Road but, rather, will be via a new public street (proposed name Stonegate Drive). In the future, this new street would be extended into the future development lands on the south side of the cove. The applicant indicates that the proposal has been presented to the owners of units in the condominium development, as well as to other residents of the Highlands of Drury Cove. Drury Cove Developments Inc. 71 Drury Cove Road Proposed Amendments Page 7 June 22, 2007 The Municipal Plan currently designates the site Low Density Residential, except for the shoreline, which is designated Open Space. As noted previously, the site is zoned `B -2" General Business, except for PID 55175558 in the northwest corner, which is zoned "TH" Townhouse. In order to permit the proposal, the applicant has requested that the site be redesignated to Business Park and rezoned to `BP" Business Park. A Municipal Plan amendment and rezoning is necessary because the proposal includes a manufacturing component. Otherwise, the proposal would be permitted under the existing zoning of the site. The Business Park concept was introduced in the late 1990s in order to provide the appropriate locations, facilities and environment for the demand for research, high technology and light manufacturing and related office uses, such as call centres and technical repair functions in a campus -like setting. A major feature of the Business Park concept is extensive landscaping, large lots and high quality design standards. The `BP" Business Park zone permits a limited range of uses that are generally appropriate in most business park environments. No outdoor storage or activity is permitted in the `BP" Business Park zone and any manufacturing or assembly activities must be of a nature that they: • are wholly contained within a building; • do not require or result in outside storage of materials, partially finished or finished products; • do not result in the discharge of smoke, fumes, vapours, vibrations or noise which is visible or detectable beyond the lot on which the use is located. From the beginning, the applicant has referred to this area of the Highlands of Drury Cove as the "business park" area of the development; however, due to the limited range of activities originally contemplated by the applicant (i.e. office buildings and a possible restaurant /inn on the cove), the area could be placed in a `B -2" General Business zone and thus avoid the need for a Municipal Plan amendment. Generally, the introduction of manufacturing activities in proximity to or within a residential neighbourhood is not encouraged. However, the applicant is confident that the scale and intensity of the manufacturing component of its proposal will not have any greater impact than the potential activities that are already approved for the site. Based on the attached submission, the applicant is obviously proposing a high quality development that will complement the area and add to the distinctive nature of its development. Provided that the uses are limited to the applicant's proposal, approval of the proposed amendments can be recommended. Section 39 Conditions As noted in the Background, the existing "B -2" General Business zoning of the property is tied to a Section 39 resolution setting out conditions with regard to uses, site development and payment of the lot levy that was put in place in order to recover the City's significant up -front expenditure Drury Cove Developments Inc. Page 8 71 Drury Cove Road June 22, 2007 when the trunk services were extended to this area. These conditions should remain applicable in conjunction with the `BP" Business Park zoning, with the necessary changes to the uses that will be permitted in order to accommodate the current proposal. With regard to the actual amount of the lot levy, the present conditions require a payment of $2,500 for every 1,000 square feet of floor space, regardless of use. This dollar amount was set on the basis of the majority of anticipated uses being offices only (i.e. there would be no manufacturing or extensive indoor parking area). While a payment is still considered necessary, for this particular development it is recommended that the lot levy be calculated at a rate of $2,500 for every 5,000 square feet of floor space in recognition of the nature of the overall use of the building. Subdivision The proposed subdivision of the site involves the creation of the lot for the development, as well as the vesting of the proposed walkway area along the shoreline as land for public purposes (LPP) and the creation of a new public street (Stonegate Drive). The property will front on this new street, which is intended to be extended into the future development area as further development proceeds. The proposed name Stonegate Drive is not similar in sound or spelling to existing streets in the greater Saint John area and can, therefore, be recommended for approval. The proposed LPP is consistent with the original concept for the Highlands of Drury Cove to provide public access to the inner cove in this area. The parcel will connect with existing LPP that extends into the condominium area to the north and beyond, resulting in a continuous public linear open space corridor from Stonegate Drive to Fox Point Drive, Deer Glen Drive and the upper portion of Drury Cove Road. The subdivision recommendation includes Common Council's assent to the proposed public street, LPP and any required municipal services easements and public utility easements. Council authorization of the required City /developer subdivision agreement, to ensure the provision of the required street work and service extensions, is also included. Potential Further Required Approvals The applicant has not prepared a detailed site plan as its primary objective at this time is to ascertain whether or not the proposed use will be approved. Because of the preliminary nature of the applicant's plans, this report does not address any potential variances that may be required as more detailed plans are prepared. Given the unique nature of the site and proposed development, it is anticipated that at least some variances may be required, and these will be considered when they are identified. RGP /r Project No. 07 -106 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT �OrOf+. Fox port Dr. G� a� O♦ �oF 4 �r / J i-.-i i �4 R F - ...... / O` a�O1n Fox Pots/ al. UP;P4f Dock i _ / l ♦ i • i�f PH j* W •r • ; RS . i • iJ f RF�'1 • r r � Subject Site /site en question: PID(s) /NIP(s): 55175558 55027163 (portion) y` Location: 71 chemin Drury Cove Road 55161384 (portion) 55178909 (portion) Date: May 18 mai 2007 Scale /echelle: Not to scale /Pas a 1'echelle VV VO Jr L -'5 E--,jr-Y Cove R�Oci of u HT&�LANDS Gr- 7RURY '-CV:-' TeChnotogy Centrp Apri' 13• 2(X.7 J% gUZI-4,�1 1. :Alp :W" . At- IMP W.U, igAL Jill 7' Mir Oil J% gUZI-4,�1 1. :Alp :W" . At- IMP W.U, igAL Jill BY -LAW NUMBER C.P. 110 -42 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -42 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a ddcrdte cc qui suit : The Zoning By -law of The City of L'arrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifid par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 37 Golden Grove Road, having an area of approximately 5500 square metres, also identified as being PID No. 55183958, from "RS -2" One and Two Family Suburban Residential to `B -2" General Business classification 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. 2007 and signed by: Mayor/ Maire I La modification de I'annexe <<A >>, Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain situee au 37, chemin Golden Grove, d'une superficie approximative de 5,500 metres carres et portant le NID 55183958, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2n A zone commerciale generale « B -2 » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1'urbanisme - 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 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - June 18, 2007 Premiere lecture - 18 juin 2007 Second Reading - June 18, 2007 Deuxieme lecture - 18 juin 2007 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET DtVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John ModifiantAnnexe «A» de I'Arrete de zonage de The City of Saint John I! vovrPr6v — � ''` -- ! ee } l.a �� 1 fF FROM / DE TO /A RS -2 One and Two Family Suburban B -2 General Business / Zone Residential / Zone residentielle de commerciale generale. banlieue- habitations unifamiliales et bifamiliales. Pursuant to a Resolution under Section 39 of the Community Planning Act "* Conform6ment 6 une resolution adopt6e par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme Applicant: Hughes Surveys and Consultants Inc. Location: 37 Golden Grove Road PID(s) /NIP(s) 55183958 07P -02SW Drawn By /Creee Par: David Couture Date Drawn /Carte Cr66e: June 20 juin, 2007 Considered by P.A.C. /consid6r6 par le C.C.U.: June 12 juin, 2007 Enacted by Council /Approuv(� par le Conseil: Filed in Registry Office /Enregistre le: SECTION 39 CONDITIONS - 37 GOLDEN GROVE ROAD That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed commercial development on the parcel of land with an area of approximately 5500 square metres (59,203 square feet), located at 37 Golden Grove Road, also identified as being PID No. 55183958, be subject to the following conditions: (a) The use of the subject site be restricted to the applicant's proposal to develop a commercial strip mall and proposed drive thru car wash facility for the existing building located at 8 -14 Simpson Drive. (b) The site be developed and maintained in accordance with an approved detailed site plan, which would be prepared by the proponent and submitted to the Development Officer for approval, illustrating the location of buildings, driveway accesses, parking areas, exterior lighting, and landscaping, and that this approved site plan be attached to the application for the required building permit(s). (c) The driveways and parking areas for the commercial development must be paved with asphalt and enclosed with continuous concrete curbing, and site drainage must be in accordance with a detailed plan approved by the Chief City Engineer. (d) Landscaping must be extended onto the street right -of -way to the existing curb, and the proponent must construct dropped panels at the driveway with respect to the curbing and sidewalk along Golden Grove Road. (e) All public utilities must be provided by underground conduits from existing facilities to any building. (f) If possible that the necessary flood water storage capacity required by the City's Flood Risk Area By -law be provided on the subject site. BY -LAW NUMBER C.P. 110 -43 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -43 ARRftt MODIFIANT L'ARI&A SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit: The Zoning By -law of The City of L'arr&6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr6t6 le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par: 1. Adding the following to the list of 1 zones in Section 30(1): "special zones SZ -22" 2. Adding the following as Section 740(22): "Special Zone #22 S( Z #22) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - a club or lounge; - all other uses permitted in Section 520(1)(a), subject to any applicable conditions contained in Section 520(2); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - a car sales lot; - all other uses permitted in Section 520(1)(b), subject to any applicable conditions contained in Section 520(2); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #22 shall be as set out in Section 520(3), and Section 810 to 910 where this zone shall be considered a "B" zone, a "B -2" zone, or a business zone, as the case may be." Rezoning a parcel of land with an area of approximately 1650 square metres, located at 69 Russell Street, also identified as being P1D No. 55180723, from "B -2" General Business and "RM -1" Three Storey L'adjonction de 1'616ment suivant A la liste de zones du paragraphe 30(l): << zones sp6ciales SZ -22 2. L'adjonction du paragraphe 740(22) qui se lit comme suit: <( Zone sn6ciale a 22 SZ #22 a) Usages Tout terrain, batiment ou structure ne peut @tre affect6 : i) qu'aux utilisations suivantes - un club ou un salon -bar; - toutes les autres utilisations permises en vertu de 1'alin6a 520(1)(a), sous r6serve des conditions stipukes au paragraphe 520(2); ii) qu'aux utilisations suivantes, sous reserve des conditions impos6es par le comit6 : un terrain affect6 a ]a vente d'automobiles; toutes les autres utilisations permises en vertu de 1'alin6a 520(1)(b), sous reserve des conditions stipul6es au paragraphe 520(2); iii) sous reserve de Particle 830, qu'a une utilisation auxiliaire ou accessoire lide a une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'am6nagement dans la zone sp6ciale n° 22 doivent titre conformes aux dispositions du paragraphe 520(3) et des articles 810 a 910, et la zone en question doit titre consideree en tant que zone o B o, zone o B -2 >> ou zone commerciale, selon le cas. >> Modification du nonage d'une parcelle de terrain d'une superficie d'environ 1 650 metres carr6s, situ6e au 69, rue Russell, et portant le NID 55180723, de zone commerciale g6n6rale << B -2 >> et zone Multiple Residential to "SZ -22" Special Zone #22 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. 2007 and signed by: Mayor/Maire d'edifices a logements multiples de trois Stages <<RM -1» a zone speciale n`22 o SZ- 22 » conformement A une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1'urbanisme - 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 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - June 18, 2007 Premiere lecture - 18 juin 2007 Second Reading - June 18, 2007 Deuxiemc lecture - 18 juin 2007 Third Reading - Troisieme lecture PLANNING AND DEVELOPMENT/ URBANISME ET DtVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifient Annexe KA>> de I'Arrete de zonage de The City of Saint John c I /x / ,^ OP. ay. Woadlaa:a Av. 77 A FROM 1 DE TO / A B -2 General Business/ Zone SZ -22 Special zone #22 I commerciale generale. Zone speciale #22 RM -1 Three Storey Multiple Residential SZ -22 Special zone #22 / Zone speciale #22 / Zone d'edifices a logements multiples de trois stages. Pursuant to a Resolution under Section 39 of the Community Planning Act de * Conformement a une resolution adoptee par le conseil municipal en vertu I'article 39 de la Loi sur l'unbanisme Applicant: Nettie & Terry's Wing House Ltd. and John Hosford Location: 69 Russell Street PID(s) /NIP(s) 55180723 06N -99SE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: June 20 juin, 2007 Considered by P.A.C. /considers par le C.C.U.: June 12 jinn, 2007 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: SECTIONS 39 CONDITIONS - 69 RUSSELL STREET That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed establishment of a club or lounge and a car sales lot on the parcel of land with an area of approximately 1650 square metres, located at 69 Russell Street, also identified as being PID No. 55180723, be subject to the following conditions: 1. The number of licensed clubs or lounges on the site is restricted to a maximum of one. 2. The club or lounge is restricted to the existing building and a maximum of 84 seats. 3. The provision of entertainment in conjunction with the club or lounge is subject to the following restrictions: a) entertainment is restricted to the interior of the building; b) the sound from any recorded music or live entertainment must not be detectable outside of the building; c) "exotic entertainment" is prohibited. 4. Any car sales lot on the property is limited to the display of a maximum of five cars at any one time. 5. The existing gravel portion of the parking area must be paved and the existing paved area must be repaved with asphalt prior to the commencement of any club, lounge or car sales operation on the site. BY -LAW NUMBER C.P. 110 -44 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -44 ARRETt 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 ddcrdtd cc qui suit : The Zoning By -law of The City of L'arretd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcrete le dix -neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifid par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by rezoning a parcel of land located at 10 Culloden Court, having an area of approximately 133 square metres, also identified as being a portion of PID No. 00017897, from "RM -2" High Rise Multiple Residential to Neighbourhood Institutional pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. 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. 2007 and signed by: Mayor /Maire 1 La modification de 1'annexe aA », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 133 metres carrels, situele au 10, tour Culloden, et identifiee a partie du NID 00017897, de zone de tours d'habitations a logements multiples «RM- 2>> h quartier h vocation collective o IL -1 >> conformelment a une resolution adoptele par le conseil municipal en vertu de Particle 39 de la Loi sur 1'urbanisme EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretel le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - June 18, 2007 Premiere lecture - 18 juin 2007 Second Reading - June 18, 2007 Deuxieme lecture - 18 juin 2007 Third Reading - Troisidme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET DtVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «AN de I'ArrW de zonage de The City of Saint John LL_.... m611a00VEf SR O �_. z- T- t1.11CYa {ls. - - -- COOtHa&gbY C1. L. coat CwlWdw ..'Doxcalm Ct. a1. Dvulop - _ - -� h pua S7epLe Pt U FROM / DE TO / A RM -2 High Rise Multiple Residential - IL -1 Neighbourhood Institutional i Zone de tours d'habitations /Zone de quartier a A logements multiples. vocation collectif Pursuant to a Resolution under Section 39 of the Community Planning Act * Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme Applicant: Family and Community Services - Housing Location: 10 Culloden Courrt PID(s) /NIP(s) 00017897 06N -98NW Drawn By /CrL&6e Par: David Couture Date Drawn /Carte Cr &6e: June 20 juin, 2007 Considered by P.A.C. /consid &6 par le C.C.U.: May 29 mai, 2007 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: SECTION 39 CONDITIONS - 10 CULLODEN COURT That, pursuant to Section 39 of the Community Planning Act, the proposed rezoning be subject to the condition that the use of the property is limited to a community centre and grounds, a group care facility housing a maximum of 10 persons and not including a public hospital or a jail or similar correctional institution, a kindergarten, nursery or day care centre, or senior citizens housing in association with a group care facility and subject to the unit size requirements of Section 310(3)(g) of the Zoning By -law, and further, that upon rezoning of the property, the land and Planning Advisory Committee building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. BY -LAW NUMBER C.P. 110 -45 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 -45 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 d6cr&6 cc qui suit : The Zoning By -law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&6 le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 4000 square metres, located at 921 Ashburn Road, also identified as being a portion of PID No. 296673, from "RF" Rural to "I -1" Light Industrial 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. 2007 and signed by: Mayor/Maire 1 La modification de 1'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 4 000 metres carrels, situ6e au 921, chemin Ashburn, et dtant one partie du NID 296673, de zone rurale a RF » A zone d'industrie 1686re «I -1 » conformdment a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme - toutes les modifications sont indiqu6es sur le plan ci -joint et font partie du pr6sent arr @t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - June 18, 2007 Premi6re lecture - 18 juin 2007 Second Reading - June 18, 2007 Deuxi6me lecture - 18 juin 2007 Third Reading - Troisi6me lecture - PLANNING AND DEVELOPMENT / URBANISME ET DtVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «An de I'Arrete de zonage de The City of Saint John 6 FROM / DE TO / A RF Rural/ Zone rurale. . 1 -1 Light Industrial / Zone d'industrie legere. Pursuant to a Resolution under Section 39 of the Community Planning Act Conformrsment A une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur 1'urbanisme Applicant: A. C. Fairweather & Sons Ltd. Location: 921 Ashburn Road PID(s) /NIP(s) 00296673 07P -03SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: June 20 juin, 2007 Considered by P.A.C. /consid &r8 par le C.C.U.: May 29 mai, 2007 Enacted by Council /Approuvi� par le Conseil: Filed in Registry Office /Enregistre le: SECTION 39 CONDITIONS - 921 ASHBURN ROAD 1. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land having an area of approximately 4000 square metres, located at 921 Ashburn Road, also identified as being a portion of PID No. 296673, for light industrial purposes be subject to the following conditions: a) The developer must pave all parking, loading, vehicle manoeuvring areas and driveways with asphalt; b) All paved areas must be enclosed with continuous cast -in -place concrete curbs where deemed necessary by the Development Officer to protect landscaping and to facilitate proper drainage; c) Adequate site drainage facilities, including catch basins(s), where necessary, must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) The development must be serviced by underground electrical power and telephone service from the existing overhead facilities on Ashburn Road and/or Drury Cove Road; e) No driveway is permitted on the Drury Cove Road frontage of the site; f) All activity, other than parking of vehicles, must be wholly contained within a building, and there shall be no outside storage of materials, partially finished or finished products; g) All disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the public street rights -of way to the edge of the travelled roadway; h) Exterior building facades shall be finished with high quality materials and may not include on any surface: galvanized, unfinished metal, concrete block or panels without an architectural finish; i) The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, illustrating the location and exterior finishes of buildings, driveway access, parking area, exterior lighting, freestanding signs, landscaping and other such site features, and the approved site plan and building elevation plans must be attached to the application for building permit for the development. j) All site improvements shown on the approved site and drainage plans must be completed within one year of the approval of the required building permit. k) The developer shall pay to the City a charge of $2,500. per 1,000 square feet of building floor area in the form of a certified cheque to be delivered to the Development Officer at the time of submission of the application for building permit for any building on the subject site. June 26, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council : SUBJECT: Homeless Women in Saint John — Needs Assessment I am very concerned about the plight of homeless women in Saint John and the ability of our community to respond to their needs. I understand that the Homeless Women's Shelter has had its support from the Province reduced substantially and that its future is uncertain. The province insists that the demands for shelter can be met, yet I understand that as I speak the Homeless Women's Shelter is providing shelter for eight women. We need to be assured that the needs of our most vulnerable citizens can be met. The bottom line is — we don't know the scope of the problem. Does demand outstrip supply? Does the absence of certainty in shelter services keep women in unsafe situations? MOTION : I move that this Council request that the Province undertake an immediate review of: 1) the number of woman requiring emergency shelter services in Saint John, and 2) the capacity of our community to meet this need. Respectively Submitted, Deputy Mayor Michelle Hooton REPORT TO COMMON COUNCIL July 3, 2007 His Worship Mayor Norm McFarlane The City of Saint ]ohn and Members of Common Council You Worship and Fellow Councillors: SUBJECT: FEDERAL AND PROVINCIAL GOVERNMENT FUNDING ANNOUNCEMENT On June the 25th, Mayor McFarlane attended a funding announcement in Fredericton. The Prime Minister, The Right Honourable Stephen Harper, announced infrastructure funding for the Province of New Brunswick in the amount of 400 million dollars. This funding will make the One Mile Interchange a reality at last. Beginning in 2007 this crucial piece of infrastructure will commence. It has been identified in three transportation studies initiated by senior staff, spanning a ten year period. This Mayor and Council accepted staff's recommendation to set this project as a priority and without deviation took every opportunity to ensure that the other two levels of Government realized the economic importance of having this interchange completed in a more timely fashion. In most recent times, the announcement of a new Oil Refinery once again emphasized the need to have this direct corridor to the most industrial part of the City completed in order to best meet our current and future transportation needs. The other announcement of great importance to Saint John is the twinning of the highway to St Stephen. This transportation network will greatly enhance Atlantica, the concept of establishing a trade corridor from Nova Scotia to the Eastern Sea Board. There can be little question that these two important infrastructure funding announcements will position the City extremely well in the future, creating great growth and wealth for the Citizens of Saint John. These two important infrastructure projects follow on the heels of securing a tri -level agreement for Harbour Clean Up. As well, Saint John will soon have a new Justice Complex developed in our uptown area. After many years of neglect the City of Saint John is once again being recognized by the other two levels of Government as a place to invest in. It is truly the economic engine of the Province, not only the energy hub but also the economic hub. Report to Common Council Subject: Funding Announcement Page 2 Thanks to the financial support of the Government of Canada under the leadership of Prime Minister Stephen Harper and the continued support of the Province of New Brunswick under the Leadership of Premier Shawn Graham, Saint John is on the move again with a very positive outlook. RESOLUTION: That the Mayor on behalf of Council, dispatch a thank -you letter to the Prime Minister and the Premier thanking them for all of the funding support and encouragement that Saint John is receiving from the other two levels of Government. Respectfully submitted, Glen Tait, COUNCILLOR June 28, 2007 To his Worship Mayor Norm McFarlane and Members of Common Council Subject: Water hydrant flushing at Dominion Park The requirement to flush the Fire hydrant at Dominion Park is not an adequate solution to the water circulation problem for the residents of Dominion Park. The three inch pipe has been flushing water at high pressure for close to 2 months. The water is being flushed to improve the circulation of the water in the pipes leading to the dwellings in the Dominion Park area. Flushing these pipes appear to be a seasonal solution to poor water circulation which occurs over the winter months. The local residents have different opinions on whether the fire hydrant should be flushed for such a long period of time. Certain residents feel it is necessary to ensure clean, safe drinking water. Others believe it is excessive and a noise problem. In any event all residents I spoke with agree that the wasting of water is clearly not a solution. Local residents further agreed that a recreational use of the water could prove to be a seasonal solution that would be a benefit to residents and visitors alike. Be it resolved, 1. The City Manager investigate the feasibility of establishing a "Water Playground" in the Dominion Park Area that would create a recreational use for the ongoing water that is being wasted in an effort to improve poor water circulation in the Dominion Park Area. 2. We may in the next few years require taxpayers to install water meters at their residential properties and businesses to conserve water. For this reason, I request the City Manager to install meters to measure the amount of treated water that is being wasted with the various flushing programs that are ongoing throughout the City of Saint John. If residents of the city are to be metered for their water usage, the least the city can do is to meter our own water usage to show that we observe our own guidelines for fresh water management and conservation. Respec s mitted, ohn son Co cillor June 28, 2007 To his Worship Mayor Norm McFarlane and Members of Common Council Subject: Correcting the workplace culture of the City of Saint John In recent months employees and taxpayers of the city have approached me with questions regarding the city's human resource policies in hiring practices (new requirements for job qualifications), sick leave provisions (length of sick leave provided, return to work programs for short term disabilities, injured workers, etc.) and the City's legal duty to accommodate employees. A Telegraph Journal report, Saturday, June 2, 2007, "Is it a must to give advance notice before resigning ?" (which I have attached here for your consideration) throws much needed light on the issue of workplace morale. It answers some of the employee questions about the low workplace morale in too many city jobs. One indication of that depressing morale is that our sick leave rates are drastically high compared to other municipalities across Canada. The city has unusually high rates of absenteeism and sick leave among our employees, and both symptoms indicate that we have a problem of workplace culture. Identifying the root cause of a negative workplace culture is very important to decreasing stress caused by low workplace morale. I want to share with you and with Common Council here one demoralizing city management policy affecting our city's non - management staff. Existing Employees who entered into other jobs with the city had applied for their old job that was still vacant and existing casual employees applied to the job they were filling as a casual hoping to become permanent. But Human Resources had arbitrarily raised the job requirement credentials for an applicant to qualify for the jobs_ The employees, who did not have those credentials, were now disqualified from applying for their old positions. To me such arbitrary additions to credential requirements for city positions, when the credentials for the jobs are not required to do the work, are a disservice to the employees and the taxpayers of Saint John. Why are people working in positions that if they applied for the jobs now they would not be qualified for because they don't have a college degree or community college certificate? Why are people not meeting job selection criteria by Human Resources writing job specifications that in essence "over qualify" the position. It is for this reason I propose the following resolution. Be it resolved; 1. To assist with identifying and understanding the workplace culture that exists within the City of Saint John, the City Manager provide to Common Council the number of employees on sick leave for the past five years detailing the length and frequency of sick leave used by each department. 2. Please provide the policies in respect to hiring practices and job specifications for each department. itted, Is it a must to give advance notice before resigning? Published Saturday June 2nd, 2007 Appeared on page E1 I love my job's ever variegated extremes, replete with snatches of human life, psychology and politics. Here are some questions from today's e- mails. Resignation: There are two areas of common inquiry: Must an employee provide advanced notice of resignation and how can one obtain severance if they resign? Employees must provide their employers with advanced notice of their intention to resign. The length of that notice is based on how long it would likely take the employer to hire a qualified, trained replacement. If notice is not provided, the employer can sue the employee for all the economic loss it suffers. For example, if a saleswoman resigns and it takes time to replace her, the employer can sue for lost sales. Few employers bother. A lawsuit for wrongful resignation most commonly arises when an employee resigns claiming constructive dismissal and the employer counterclaims, assenting the employee resigned with inadequate notice. Employers should consider this strategy when faced with a frivolous constructive dismissal case. Employees often decry the "unfairness" of not receiving severance when they decide to leave or retire. Unless they were constructively dismissed, employees have no right to compensation, however long or meritorious their service. In an attempt to obtain compensation, employees will often misconduct themselves, hoping to be fired and receive severance. However superficially attractive this may be, employers should not offer severance in those circumstances. Paying encourages other employees who want to leave to similarly misbehave. Bonuses: Few bonuses are truly discretionary, no matter how they are described. If a bonus is provided as a matter of course so that the employee has a reasonable expectation of receiving it, it is not discretionary_ Employees are entitled to such a bonus as part of any severance. What if the bonus is annual and an employee retires midyear? Unless the bonus plan specifically states an employee must be employed as of a certain date, he is entitled to a pro rata bonus. Even without such a statement, if the notice period takes a dismissed employee past the date, severance will include the bonus_ Mental harassment: Today, much of the workforce views itself as "harassed." Harassment often is in the eye of the beholder. One employee's "tough boss" is anther's invitation to a lawsuit. Following Canada's first million -dollar damage award for workplace harassment, employees' lawyers are sharpening their pens, routinely adding harassment claims to lawsuits. But not so fast: Unless an employee can prove an employer's conduct is such that no reasonable person is able to tolerate it, they cannot resign and sue_ Unfortunately, what that level's may depend on the judge you draw. To obtain any significant harassment damages, beyond severance for constructive dismissal, the employee must prove a psychiatric breakdown. Sick leave: There is no entitlement to paid sick leave. Sick pay depends entirely on the employer's policies, not the law. The employer has the right to make its criteria for the receipt of sick pay as rigorous as it wishes. Most companies are "soft" with sick -leave administration and then complain employees abuse it. Sick leave policies should be managed the same way insurers manage long -terns disability benefits: rigorously. What employers fail to understand is that an employee mu a hero disabled a headache titled to under disability benefits. That does not mean merely having a o the weather. It means being "disabled" from doing their job or any other job the employer could provide as an alternative. ple applies as to whethe an employer permits an employee to take time off, paid The same principle or otherwise. If pl employee is neither disabled nor presents a risk of contagious illness to others, the employer has the right to require them to attend work. Producing a medical certificate is not dispositive. If an employee appears to be abusing sick leave, I recommend employers arrange a medical appointment with their own physician, preferably one who specializes in the field the employee alleges is the cause for disability, and who understands the workplace and the alternate positions available in it. Howard d Employment author of The Law of Law Digest. He�can beareached at hlevitt@langmichenerf came Dismissal The City of Saint John June 28, 2007 Mayor Norm McFarlane Members of Common Council City of Saint John Mayor McFarlane and Fellow Councillors: RE: MULTI - PARTNER FUNDING AGREEMENT FOR NEIGHBOURHOOD REVITALIZATION IN CANADA — URBAN DEVELOPMENT AGREEMENTS Urban Development Agreements (UDA's) are mechanisms for bringing together Canada's three levels of government to address problems posed by urban development (e.g. social inequalities, social exclusion, crime, health issues and physical regeneration, etc.). Called tri- partite agreements, they create formal partnerships structures and funding arrangements with the goal of alleviating some or many of the problems mentioned above in geographically specific contexts. Currently, Urban Development Agreements are operational in Vancouver, Edmonton and Winnipeg. The key feature of the agreements is political involvement, cooperation and partnership. This is in clear recognition that no single level of government can tackle the challenges faced in today's cities, yet each has a stake in trying to do so. Generally, agreements bring together resources from a variety of sources with a view to developing a strategic approach to dealing with `place specific' (mostly at the neighourhood levels) issues. Another central feature of the agreements is the desire to involve other partners, notably the private sector and community sector, in order to generate buy -in and sustainable commitment from as broad a range of stakeholders as possible_ 4.0 �_ 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 41 Mayor Norm McFarlane Members of Common Council Page 2 At the recent FCM Conference, I discussed the situation of our vulnerable neighbourhoods with Dallas Alderson, Policy Analyst, Social Policy, Federation of Canadian Municipalities. She directed me to Caroline Neufield, Policy Analyst, for the City of Winnipeg. The City of Winnipeg has an extensive history with tri- partite agreements. In discussions with both of these resources, I believe they would provide us with strategic thinking as we move forward. In the reference section of this document I have included a number of research papers which identify tri- partite thinking as well as `best practice' for neighborhood revitalization. In conclusion, there exists a model of government and community practice, skilled resources that possess strategic thinking and research data which all provide direction to establish a framework for neighborhood revitalization. I will continue to provide the Mayor and Council with updates as we continue to explore this opportunity. MOTION: Recei Information. T espectfull submitted, Peter McGuire COUNCILLOR Reference Documentation Forum on Urban Development Agreements 'Lessons From The West' Doug Kalesics, Kalesics and Associates Ltd. Toronto, Ontario April 2004 Multi- Partnership Funding for Neighbourhood Revitalization in Toronto. Final Report May 2005 (GHK). Bradford Neil (February 2004) 'Place Matters and Multi -Level Governance; Perspectives on a New Urban Paradigm, Policy Options. The Role of Community Infrastructure In Building Strong Neighbourhoods. Final Report February 2005. Laurel Rothman, Family Service Association of Toronto. Bradford, Neil (2003) `Cities and Communities that Work' Innovative Practices, Enabling Policies. Canadian Policy Research Networks Inc. June 27, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council SUBJECT: Property Acquisition I am requesting staff advise the Transit Commission of the closing date for the new transit property. Please be advised the information is a must in order for the commission to take next step towards this new facility. Resolution: That the status of the property acquisition for the new Transit Facility be referred to the City Manager for a response to the Transit Commission. Respectfully Submitted Christopher T. Titus Councillor r_. 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 REPORT TO COMMON COUNCIL June 22 "d, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council, The City of Saint john SUBJECT: FAIRVILLE BOULEVARD — SIMMS CORNER— BRIDGE ROAD CORRIDOR PURPOSE OF REPORT 1. To review options for the needed upgrade of the Fairville Boulevard — Simms Corner — Bridge Road corridor, a vital transportation link west of the river; and 2. To outline an approach to the project; one that seeks to optimize transportation and economic considerations, and is affordable for the community. BACKGROUND Among the core recommendations of the 1999 Transportation Study was one to deal with the `marvel' that is Simms Corner; part of a package of measures designed to improve traffic management and address network deficiencies (existing and future). "The realignment and signalization of Simms Corner will improve traffic flows through the intersection, particularly along Route 100 east -west from Bridge Rd to Fairville Blvd, and will divert most of the through traffic from Harding St and Ready St. Overall safety and driving ease at Simms Corner and truck access from Mill Rd and Mill St on to Bridge Rd and Main St West will be improved."' Since the 1999 report, several emerging considerations (public / private) are significant to seeking improvements for the transportation network in West Saint John, including: 1. Enhanced Fairville Boulevard and redefined Highway 100 ... MDH Program 2. Improved Highway 1 access ... ramps at Catherwood / Bleury (for truck traffic) 3. Industrial Access Road ... exiting on Bridge Road near Reversing Falls Bridge 4. Natural gas pipeline and east -west water system link through Simms Corner 5. Major planned developments along Fairville Boulevard and area t City of Saint John Transportation Plan, Executive Summary, FGA Consultants Ltd, February 1999, page 6. Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor 1999 Transbortation Studv and Recommendations The Transportation Study, undertaken at Council's direction, sought to develop a long - range (20 -year) plan for street and traffic system needs, review truck routes and guide development of the city's overall transportation network. The advice flowing from that study has guided decisions on system improvements and setting priorities. Many of the items identified have been acted upon, with major recommendations like One -Mile House Interchange and Simms Corner Realignment high on priority lists. Commitment to Improving Simms Corner Despite the declarations of many West Siders, the street network flowing to and from Simms Corner does not work very well; it is complex, unsafe and inefficient. Restrictions for through traffic are serious, with poor connections to Highway 1; traffic and heavy transports are routed along steep residential streets; bus movements, underground utilities and rail crossings make the site a very `busy' one; access /egress at the Lancaster Mall and major industrial facilities is poor; and the area available for a new layout is limited. In 2007, Council brought the Simms Corner project to the fore; authorizing staff to go ahead with an analysis of alternative design options and preliminary project design. Construction was tentatively planned for 2008. The proposal of the Terrain Group for design of the project was accepted by the City. Work involves reconfiguring street alignments and traffic movements along the corridor between the Reversing Falls Bridge and Catherwood Street, and along Main Street West / Lancaster Avenue between Ready Street and the Bowl -A -Rama. ANALYSIS Although Simms Corner corridor improvements are necessary and must be undertaken in the relatively near future, we must question the feasibility of scheduling construction for 2008. It would be prudent to review project timing - for a variety of reasons, including: " Funding commitments for this piece of Provincial highway need to be firm. " Affordability for Saint John taxpayers; project cost is high for City to go it alone. " Land issues; acquisitions and transfers need to be settled well in advance. " Coordination of construction with multiple interests (public /private) is essential. " Long -term outcomes; need to achieve "best" value for the public and stakeholders. Bridge Road and the first part of Fairville Boulevard are part of NB Highway 100; the Province must play an integral part in planning improvements and bringing about a viable solution for the reconstruction of its highway through the city. Page 2 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor Conditions, Constraints and Considerations * * * A variety of physical conditions, constraints and considerations make this a particularly challenging project for the many stakeholders involved. 1. Achieving optimal transportation outcomes will involve significant financial cost. 2. Importance of the planned upgrades to economic activity and future development. 3. Requirement to improve NB Highway 100 (along the Fairville Boulevard Simms Corner — Bridge Road corridor), and the Province's commitment to doing so. 4. NB Southern Railway crossings at Fairville Boulevard and Main Street West are major controlling factors in any planned roadway adjustments. 5. Intersection contains Maritimes & Northeast natural gas transmission pipeline. 6. Irving Oil transmission pipeline crosses Lancaster Avenue just east of the intersection and runs through the hill on the old Centracare property; may need relocation. 7. High - voltage lines serving industry run along several legs of the intersection. 8. Simms Corner is a busy Saint John Transit node, involving several stops and U -turn movements; services should be relocated, regardless of final reconfiguration. 9. The main East -West water system link runs under the intersection (minimal cover). 10. Reconstruction must be coordinated with scheduled repairs to the Harbour Bridge. 11. Bridge Road entrance to Irving Pulp & Paper, associated businesses and the industrial access road for large transports should be designed into the final reconfiguration. 12. The Simms Brush facility is substantially lower than the existing roadway, held in place by an aging and deteriorated concrete retaining wall. 13. The Lancaster Mall is substantially lower than the existing roadway, retained by a cast -in -place concrete retaining wall, which limits space for roadway modifications. 14. Vehicle and bus movements into and from the Mall parking lot are far from ideal; much better traffic flow arrangements must be incorporated into the final design. 15. Harding Street connection to Fairville Boulevard should be reconfigured or closed. 16. Reversing Falls tourist area needs safe, uninterrupted access /egress year round. 17. Access to several businesses within the project limits is an important consideration. Page 3 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor 18. Existing horizontal and vertical alignments of the Reversing Falls Bridge are fixed and, as such, any roadway modifications must align with the existing bridge. 19. Any roadway horizontal realignment of Bridge Road thorough the former Centracare site will require major excavation, some of which is likely to be rock. 20. Land constraints are major; significant land acquisition/transfer issues are involved. 21. Private sector interests have a direct stake in the system upgrades being contemplated. 22. Council will have to establish where the upgrade of the Fairville Boulevard — Simms Corner — Bridge Road corridor fits in terms of City of Saint John priorities. Reconfiguration Options Consistent with the request for proposal, Terrain considered a series of reconfiguration ideas for Simms Corner and its approaches; the final four are summarized herein. Only options "A" and "D" are viable, but with very different outcomes and cost implications. "A" Intersection Retrofit: Traditional intersection retrofit with traffic signals and simple upgrades to match existing roadway alignments; limited in scope. "B" Traffic Movement Focus: Non - traditional intersection retrofit, with focus on highest volume traffic movements (Main Street West to Bridge Road, and vice versa). "C" Modern Roundabout: Modern roundabout to match existing roadway alignments. "D" Corridor Upgrade: Traditional intersection retrofit with traffic signals and extensive roadway upgrades between Catherwood Street and the Reversing Falls Bridge. Lone -Term Traffic /Area Optimization The funding required for the Simms Corner corridor project will be considerable; whether that investment is made soon or in the longer term. Potential outcomes could be very beneficial for transportation, industry, economic development and people movement; or more limited results may be deemed acceptable. The value of possible outcomes needs to be weighed against the investment that will be required to make changes. Existing arrangements for vehicular flows between the Reversing Falls Bridge, along Bridge Road and Fairville Boulevard, to Catherwood Street are clearly problematic and inefficient. Access to properties is seriously impeded and heavy transports are using unsuitable streets; public transit, pedestrian and cycling links are at best hazardous. How can this key transportation corridor be reconfigured to best meet the needs of the community? Automobile traffic, heavy trucks and transport trains, public transit buses, pedestrians and cyclists must coexist - effectively, efficiently and safely. Page 4 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor Kev Stakeholders Province of New Brunswick Fairville Boulevard east from Catherwood Street, Simms Corner and Bridge Road form part of New Brunswick Highway 100; a section of highway that requires substantial repair and upgrade, as do Rothesay Road and Chesley Drive. The Province of New Brunswick is an essential partner for any major reconstruction of the corridor through Simms Corner. Industry Several large, economically vital industries reside in West Saint John. In fact, private interests have constructed an industrial access road linking industrial properties with the public system near the Reversing Falls Bridge, at Irving Pulp & Paper. Hundreds of heavy transports use this connection daily, most travelling to Highway 1. Reconfiguration and upgrade of the Fairville- Simms - Bridge corridor is very important to the effective movement of industrial traffic into and out of this part of the city. SUGGESTED APPROACH A. Council accept Option "D ", Corridor Upgrade, as the preferred reconfiguration and upgrade option for the Fairville Boulevard - Simms Corner — Bridge Road corridor. B. Ask staff to evaluate and report back with a summary of needed repairs and improvements to Highway 100 through the city. C. Council meet with the region's Government caucus and other MLAs to discuss the importance of the Simms Corner corridor and other Highway 100 improvements. D. Mayor / Council team meet with Minister of Transportation to discuss Highway 100. E. Meet with West Saint John Business Association to discuss its input and support. F. Staff team meet with industrial stakeholders to discuss their input, and the conditions, constraints and considerations related to the Simms Corner Corridor project G. Staff team follow -up with the NB Department of Transportation towards developing suitable financial arrangements for necessary improvements to Highway 100. H. Staff team negotiate land acquisition and/or transfers, and coordinate private sector interests and involvement with infrastructure upgrades linking to their facilities. I. Engineering (and consultant) proceed with design of Option "D ", Corridor Upgrade. J. Plan an Open House for the public to review reconfiguration plans for the corridor. K. Consult with Harbour Bridge Authority concerning tentative construction schedules. L. Staff to report back to Council on an as required basis for updates and direction. Page 5 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor INPUT FROM OTHER SOURCES Dialogue with the public is undoubtedly crucial for a project of this nature. Simms Corner and its connecting streets (highway) play a vital role in our transportation network — for motorists, truckers, bus passengers, pedestrians, businesses, cyclists, and industries. Coordination of construction scheduling with work on the Harbour Bridge is a practical consideration; no more than one bridge connection can be disrupted at any one time. FINANCIAL IMPLICATIONS Reconfiguration and reconstruction of this very busy transportation corridor must address essential community needs - in a manner that optimizes the major investment required. A preliminary estimate has been prepared for Option "D ", Corridor Upgrade: 1. Earthwork 2. Water Distribution System 3. Storm Sewer System 4. Street Reconstruction 5. Miscellaneous Items Total 6. HST Grand Total $ 1,291,950 $ 14,000 $ 614,975 $ 1,960,500 $ 3,416,875 $ 7,298,300 $ 1,021,762 $ 8,320,062 This is not a detailed estimate; it does not incorporate land acquisition or any HST rebate. TOWARDS VISION 2015 A well functioning transportation system that meets the needs of the public, the economy and the environment will be essential to our community's vision for the future. RECOMMENDATION It is recommended that Common Council endorse the suggested approach (items A through L) outlined herein, and receive and file this report. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager Page 6 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor Appendix "A" OPTION "A" - INTERSECTION RETROFIT Reconfiguration Option "A" is a traditional intersection retrofit with traffic signals and simple upgrades to the intersection to match existing roadway alignments. This option is very similar to that presented in the 1999 Saint John Transportation Study and is feasible. I .h ', _ _ rlw'a +�R�11 FTP514114e kM1• 41TI4HA _ _ - '1Ci - y� LCrrBR� _ �#�I.L�I ICI. ''�1 '� - =�L` r, __�.� .F= 7• - -' -- Imo,; `I `y- {I _`-- -__ --__- - -'-' -- - -_' =- } • � ', _ �,� 'ti � #_ - -' '��• - _ _ _ —' �cnu ay. it - -� _ _ _ ..� -q / " Truck traffic and through traffic along Harding Street would be minimized. " Minimal property acquisition requirements needed when compared to other options. " Limited construction footprint; construction costs least of the two feasible options. " Horizontal roadway alignment through intersection would need to be curved to ensure matching with existing streets; acceptable by TAC standards, but less than desirable. " With no realignment of Bridge Road and Fairville Boulevard, the railway crossings will likely need to be longer than desired for pedestrian and bicycle movements. 9- No improvements to the Mall entrance or truck movements at the IPP entrance. Does not address concerns and roadway improvements along Fairville Boulevard and Bridge Road; necessary construction investments being deferred. Page 7 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner - Bridge Road Corridor Appendix `B" OPTION `B" - TRAFFIC MOVEMENT Focus Option `B" is somewhat of a deviation from a traditional intersection retrofit. Although determined non - feasible, the option considered strengthening the present highest volume traffic movement of Main Street West to Bridge Road by offsetting the traffic lanes. o' " Strengthens continuity of traffic movements in the Main Street W - Bridge Road link. " With 2 -way traffic on Fairville Blvd, would strengthen designated highway routing. " Pedestrian and bicycle movements accommodated through the intersection. " Does not address concerns and roadway improvements along Fairville Boulevard and Bridge Road; necessary construction investments being deferred. 9- No improvements to the Mall entrance or truck movements at Irving Pulp & Paper. " Truck traffic and through traffic along Harding Street may or may not be minimized. " Truck routing and turning movements to Catherwood Street would be difficult. Page 8 - .R. tt1411 opn DN Y,,, lrr*0 o' " Strengthens continuity of traffic movements in the Main Street W - Bridge Road link. " With 2 -way traffic on Fairville Blvd, would strengthen designated highway routing. " Pedestrian and bicycle movements accommodated through the intersection. " Does not address concerns and roadway improvements along Fairville Boulevard and Bridge Road; necessary construction investments being deferred. 9- No improvements to the Mall entrance or truck movements at Irving Pulp & Paper. " Truck traffic and through traffic along Harding Street may or may not be minimized. " Truck routing and turning movements to Catherwood Street would be difficult. Page 8 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor Appendix "C" OPTION "C" - MODERN RouNDABOUT Option "C" considered a modern roundabout to match existing roadway alignments. For a number of reasons, such an alternative was found to be non - feasible. I - - pit � , r5 5' 7' ,5 'S r �iNrA �rt.,tlny " Roundabouts are safer than traditional intersections; reducing speeds and conflict points, with clearly defined rights -of -way. They are pedestrian and bicycle friendly. " With 2 -way traffic on Fairville Blvd, would strengthen designated highway routing. " Roundabouts typically utilized on relatively flat or rolling terrain; topography would require profile flattening through extensive excavation; significantly increasing project limits and with a variety of detrimental effects. Vertical geometry is fixed due to railway crossing constraints. " Does not address concerns and roadway improvements along Fairville Boulevard and Bridge Road; necessary construction investments being deferred. " Locating a roundabout near at grade rail crossings (in this case, two) is discouraged. " No improvements at Mall entrance or truck movements at Irving Pulp & Paper. " Extensive property acquisition requirements, given the extent of earthworks required. Page 9 Report to Common Council June 22 "` 1 2007 Fairville Boulevard - Simms Corner — Bridge Road Corridor Appendix "D" OPTION "D" - CORRIDOR UPGRADE Option "D" is a traditional intersection retrofit with traffic signals and extensive roadway upgrades from Catherwood Street to Reversing Falls Bridge along Fairville Boulevard and Bridge Road. Construction costs are the most expensive of the feasible options. e=rr— I �t � � I '•5 �'ti �, %j x' x- ,' rte.• �' ,'5,51 il• " 2 -way traffic on Fairville Boulevard with continuous routing from the Reversing Falls Bridge would strengthen designated highway routing. " Pedestrian and bicycle movements accommodated through the intersection. " Overall roadway improvements between Catherwood Street and the Reversing Falls Bridge would serve as a "gateway" to West Saint John. " Offers substantial improvements to the horizontal and vertical alignment of Bridge Road through to the Bridge and of Fairville Boulevard from Catherwood Street. " Enhanced entrance and truck movements at Irving Pulp & Paper; through roadway geometry modifications and turning radius improvements; actuated traffic signals. " Addresses concerns and roadway improvements along Fairville Boulevard, including Lancaster Mall entrances (one signalized; the other right - in/right -out only). " Bridge Road realignment would be significant, with likely relocation of the high - voltage wiring to Irving Pulp & Paper Limited (and associated businesses). " The Irving Oil transmission pipeline requires relocation under this option. " Extensive property acquisition needed when compared to other options. Page 10 ~_.__ -- ___- ____ -___- �•� �.. t rig: '~ �? I� ��� �� %j x' x- ,' rte.• �' ,'5,51 il• " 2 -way traffic on Fairville Boulevard with continuous routing from the Reversing Falls Bridge would strengthen designated highway routing. " Pedestrian and bicycle movements accommodated through the intersection. " Overall roadway improvements between Catherwood Street and the Reversing Falls Bridge would serve as a "gateway" to West Saint John. " Offers substantial improvements to the horizontal and vertical alignment of Bridge Road through to the Bridge and of Fairville Boulevard from Catherwood Street. " Enhanced entrance and truck movements at Irving Pulp & Paper; through roadway geometry modifications and turning radius improvements; actuated traffic signals. " Addresses concerns and roadway improvements along Fairville Boulevard, including Lancaster Mall entrances (one signalized; the other right - in/right -out only). " Bridge Road realignment would be significant, with likely relocation of the high - voltage wiring to Irving Pulp & Paper Limited (and associated businesses). " The Irving Oil transmission pipeline requires relocation under this option. " Extensive property acquisition needed when compared to other options. Page 10 : Sijnms q rn::er o qrt i d o r Fairville Boulevard - Simms Corner - Bridge Road roil _��$ ��.. _ �_ . -rte.• r i_ w �s pow -.d.ri� AL IN j r 0 9 M A 2 OPTIONS for upgrade of Simms Corner corridor 2 APPROACH to optimize transportation and _* infMs C-7--i-orntr Try nsjJbrUftio6i&*- to dy/i- kns, *+ egDnoMic nsiArat ffoAabl8 for Com iWunitj _* infMs C-7--i-orntr Try nsjJbrUftio6i&*- to dy/i- !� Qv. !� Ovi ♦ i � %.r % !� iw: ! :Ovi J !� ii !� i.:i J ♦ .: . 4.i 4; ::..::.. :..:.. :..:.. '�'�'[1 Eri� anc�ed :..:.. ::..::.. ::..::.. 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STIREET WF5T 16 VnD 7 WnWrEM MAU x :.:..... :.:..... :.:. e c a of i g r a on -MOD ptce n s m m m D "C o i d 6 r U- gr8dem 0 if i 1�� y4� 11 }'ti ',y1 4 n E ma i L—'=Ti"n OMEN D L ----- ----- . ....... . i 1�� y4� 11 }'ti ',y1 4 e c o n f i r at.n.Jo n Mml p t a n s w m a n E ma i L—'=Ti"n OMEN D e c o n f i r at.n.Jo n Mml p t a n s w m a . ......... . + e- *Ok ������ ..l, ������ ���!�� In I.. ey Sto keholderM�ll jf, ��j J� JJ . ♦..s C`'�u nc'f ac &pt C�'ptio � D" Cor`+ dor`++++- pg Ade B. S ff 64alufte H%hvvby 16b th'%ug M city!'++ CGuncff me'e`t re ffionV Gov+' rnn ' nt uc ' ED, MIbyor;fjCoUMciI team IheeUwitIUM in later 1. 1: wE. Mw et West Lgaintilohrm Business ss ciat n ; Fm Stiff t am eet ith 'ndq trim sta . hol ers Preliminary Estimate: N $8 million z r, r � - i r I r 1 'r, r rA r UN 0:: MN OT mG, S-t-*i3ff +*-�-+Iam *-Up%vithm" B&I M -:t�t:t�j H. LvInd a-k*+c+-'++" quiffitioiPand or tMnsf rs 2 MI. Pftce&i w llh t @ d eM�' g n df, Op n` " 0 M.M. Ph in Olen Wouse foripublit reutew af. pla.+n+,, s qK. Cgnsult. witb HaW3ougBricige ApithorAty m 0 ML. Sjpff rgport bad +Sto Gpunc I asfequired a Toward Vision 2015 /Recommendation REPORT TO COMMON COUNCIL M & C 2007- 160 July 3, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Amendments to Saint John Preservation Areas By -taw EXECUTIVE SUMMARY L City of Saint john The Preservation Area By -law was adopted by Common Council in June, 1981. Since that time amendments have been adopted to add additional preservation areas. Following the last municipal election, Council appointed a Heritage By -law Review Committee to address concerns expressed about the Bu -Law. The Committee hosted several public meetings and after considerable discussion, provided Council with seventeen (17) recommendations. The Preservation Review Board (proposed to be renamed the Heritage Development Board) enthusiastically supported all seventeen recommendations and provided Council with an Action Plan for their implementation. Council instructed the City Manager and the Heritage Development Board to draft the required amendments to the By -law as required in order to implement the seventeen recommendations. This report explains each of the following proposed amendments: • Renaming the Saint John Preservation Areas By -Law as the Saint John Heritage Development By -Law; • Adding or modifying a number of definitions; • Designating several new heritage conservation areas, specifically: King Street East; King Street West (between Watson and Ludlow); two buildings on Rothesay Road (1107 and 1120); and Princess Street (between Sydney Street and Carmarthen Street); • Changing the focus from restoration to one of three conservation approaches: preservation, rehabilitation or restoration; • Updating the process for enforcement (through Building Inspection) to reflect current enabling legislation; • Increasing allowable height to 140% of the height of adjacent buildings if the additional height above 120 % is set back from the facade; • Changing the requirements for demolition approval; • Changing the requirements for determination of the value of a building; • Adding new standards for conservation of existing buildings; and • Changing existing standards to apply to new (Infill) construction only. Report to Common Council July 3, 2007 2 Appendix One attached to this report illustrates which components of the by -law are being amended by showing the text which will be removed with a stfike- tlireugh and showing the new text in italicized bold. RECOMMENDATION: It is recommended that Common Council authorize advertisement and set a public hearing date at 7:00 p.m. on July 30, 2007 for consideration of the proposed amendments to the Saint John Preservation Areas By -Law (proposed to be renamed the Heritage Development By -law). BACKGROUND At the February 13, 2006 meeting, Common Council authorized the appropriate notification to hold a public hearing and to draft an amendment to the Preservation Areas By -law such that: A. i) The fourteen (14) Standards for Conservation of Existing Buildings found in the national Standards & Guidelines for the Conservation of Historic Places be adopted directly into the By -law as a new Section 8; ii) The focus of the By -law be changed from restoring a building to a pre -1915 appearance to using one of the following three conservation treatments: preservation of compatible historic materials and detailing; or rehabilitation of compatible historic character defining elements; or restoration to a pre -1915 appearance; iii) The By -taw be renamed the Saint John Heritage Development By- law; iv) The standards currently in Section 9 remain and be used exclusively for construction of new buildings or structures; B. the process outlined in the national Standards and Guidelines for the Conservation of Historic Places be incorporated into the By -Law so that the Preservation Review (Heritage Development) Board can work with owners and assist them to make sound decisions regarding future development of their buildings through: Report to Common Council July 3, 2007 UNDERSTANDING (research, historic photos, etc.); PLANNING (preparation of conservation plans); USING (the buildings in such a manner as to have the least impact on character - defining elements); and then INTERVENING (by making changes that respect the heritage values of their buildings). C. the Heritage Development Board can transfer approval (but not denial) authority to the Heritage Development Officer for any application for a Certificate of Appropriateness for an intervention on a historic place which is RECOMMENDED in the guidelines sections of the national Standards and Guidelines for the Conservation of Historic Places. Further, any application for an intervention which is NOT RECOMMENDED shall be referred to the Heritage Development Board ONLY when a completed application is received. D. a process of levying fines can be implemented for property owners who do not apply for a Certificate of Appropriateness before beginning work or who proceed with work after a Certificate of Appropriateness has been denied. E. i) Section 9(1)(d) of the By -law, be amended such that the Board may approve for a development an additional height above that permitted by the current 80% -120% provision, provided that such additional built area is set back from the front fagade such that it is not visible from the opposite side of the same street as the development. For the purpose of this calculation, no development shall interrupt a line starting at a point 5' -0" vertically above the curb on the opposite side of the street projecting past the top of the roof cornice /parapet of the proposed building. The height of the additional building area shall at no point be greater than 140% of the average height of all buildings located within the same block as the development and fronting on the same side of the street. The additional building may be visible at the side or rear; and ii) Section 9(I)(d) of the By -Law be amended such that for the purpose of calculating the height of new development, all buildings on both sides of the block in which the development is located, regardless of age, shall be used in the calculation; and iii) for the purpose of calculating the height of future developments, the height to the top of the roof or parapet at the street front of the Report to Common Council July 3, 2007 4 building, as permitted by the 80% /120% provision, shall be used. The additional height of the upper floor(s) setback permitted under the 140% provision shall not be included in the calculations to determine the height of future developments. Tracery, finials or decorative elements also shall not be included in the calculations to determine height of future developments. ANALYSIS The Recommendations in this report deal with proposed amendments to the structure of the Heritage Preservation Areas (Development) By -Law and recommend several additional areas to designated as heritage conservation areas. Each of the proposed amendments is a result of recommendations from the Heritage By -law Review Committee which were based on extensive community consultation. As a result of the proposed amendments to various sections, a number of additions and modifications to the definitions have been proposed. In addition, the Heritage Development Board in dealing with several applications for demolition have discovered an inadequacy in the By -law, prompting the proposed amendments to sections 10 — 12 on demolition and the requirement to establish building values. The amended By -Law is organized by the following sections and headings: Section I Interpretation Section 2 Preservation Areas and Application of the By -Law Section 3 Administration Section 4 Guidance Standards Section 5 Certificate of Appropriateness Section 6 Application for Certificate of Appropriateness Section 7 Requirement to Meet Standards Section 8 Standards for Conservation Section 9 Standards for New (Infill) Construction Section 10 Demolition, Removal & Relocation Section 11 Terms and Conditions of Certificates for Demolition Section 12 Real and True Value Section 13 Maintenance Section 14 Enforcement Section 15 Interpretation Section 16 Other Section 17 Safety Report to Common Council July 3, 2007 5 In this report the proposed amendments to the By -Law are presented by reference to the corresponding sections/headings noted above. SECTION 1- INTERPRETATION: This section contains defined terms for the purposes of the By -Law. A number of definitions are proposed to be modified and several others are added as follows: Modified definitions: Modify the name of the "Preservation Review Board" to "Heritage Development Board" to be consistent with the wording of Section 8(1) of the Municipal Heritage Preservation Act and more accurately reflect the activities of the Board; Modify the name of the "Preservation Areas Bylaw" to "Heritage Development By -Law" to more accurately reflect the activities of the Board; Modify the definition of design to clarify that signage located on the interior of the building that is visible and intended to be read from the outside, is covered by the By -Law. The Practical Preservation Guideline SIGNS includes window signage. This guideline was prepared to assist merchants to install signage to promote their business in the tradition of Trinity Royal. Merchants wishing to install a backlit fluorescent sign, which the Board has determined to not be appropriate, circumvent the current By -Law by simply installing it immediately inside the storefront window. This has a noticeable impact on historic streetscapes. Added definitions: Archaeological Resource: means a place or area where the evidence of past human activity is or was located in -situ on, below, or above the ground, or lands under water, of which the recovery and understanding of this evidence can be achieved using archaeological methods; Character - defining elements: includes but is not limited to the materials, forms, locations, spatial configurations, uses and cultural associations or meanings that contribute to the heritage value of a historic place, which must be retained in order to preserve its heritage value. Conservation: all actions or processes that are aimed at safeguarding the character - defining elements of a cultural resource so as to retain its heritage value Report to Common Council July 3, 2007 6 and extend its physical life. This may involve "Preservation ", "Rehabilitation "Restoration ", or a combination of these actions or processes. Guidelines: prescriptive statements presented as recommended and non- recommended actions in the national Standards & Guidelines for the Conservation of Historic Places and/or descriptive statements as found in the City of Saint John Practical Preservation Guidelines, that provide practical guidance in applying the Standards for Conservation, to existing buildings, Heritage Value: the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present or future generations. The heritage value of a historic place is embodied in its character - defining materials, forms, design, location, spatial configurations, uses and cultural associations or meanings. Heritage Conservation Area: that Conservation Area established under Section 5 of the Municipal Heritage Preservation Act and defined in Section 2 of this By- Law. Historic Place: means a structure, building, group of buildings, district, landscape, archaeological site or other place that has been formally recognized for its heritage value. Intervention: any action, other than demolition or destruction, that results in a physical change to an element of a historic place. Listing Agreement: means the agency agreement formed between a vendor as Principal and their agent regarding the trade of property and includes the New Brunswick Real Estate Board's standard listing agreement form and includes those agreements which are listed on the New Brunswick Real Estate Board's MLS® ( "MLS® LISTINGS ") and, unless the context indicates otherwise, exclusive listings. Maintenance: means routine, cyclical, non - destructive actions necessary to slow the deterioration of a building, structure or historic place. It entails periodic inspection; routine, cyclical, non - destructive cleaning; minor repair and refinishing operations; and replacement of damaged or deteriorated materials with compatible traditional materials and details of similar profiles as the original. It does not include any alteration, design change and /or replacement where such replacement involves a change in design. Minimal intervention: means the gentlest approach or the least physical intervention, which allows functional goals to be met. Report to Common Council July 3, 2007 7 Multiple Listing Service® means a real estate data base listing service operated by a member of the real estate board And is a registered trade mark of the Canadian Real Estate Association. Preservation: means the action or process of protecting, maintaining and/or stabilizing the existing materials, forms and integrity of a historic place, or of an individual component, while protecting its heritage value. Rehabilitation: means the action or process of making possible a continuing or compatible new use for a historic place, or of an individual component, through repair, alterations and/or additions, while protecting its heritage value. Restoration: means the action or process of accurately revealing, recovering or representing the state of a historic place, or an individual component as it appeared at a particular period in its history, while protecting its heritage value. Standards: Norms for the respectful conservation of existing heritage buildings, as indicated in Section 8 of this By -Law and norms for the construction of new inflll buildings that are sensitive to their context, as outlined in Section 9 of this By -Law. Standards & Guidelines for the Conservation of Historic Places in Canada: pan Canadian document providing guidance on how best to conserve our irreplaceable built heritage and on the limits of acceptable change to it, as first published by Parks Canada in 2003 and subsequently revised from time to time. SECTION 2 -PRESERVATION AREAS AND APPLICATION OF BY -LAW Subsequent to the original Preservation Area being established in 1981 several additional areas have been so designated. Each area (now proposed to be called a Heritage Conservation Area) has unique attributes and warrants individual recognition that is reflective of its status in the broader Saint John community. It is also envisioned that such individual identification of each heritage conservation area will be helpful as the Board moves toward a placing a greater emphasis on public awareness /education. It is proposed that the Saint John Preservation Area, as described on the original map entitled Schedule `A', continue to encompass the same buildings, structures and lands as designated in 1981 and be renamed the Trinity Royal Heritage Conservation Area and continue to form part of this by -law; Report to Common Council July 3, 2007 8 It is further proposed that each subsequent Heritage Conservation Area be recognized by the name commonly used in the community as follows: The buildings, structures and lands designated in 1989, as herein described and as illustrated on Schedule `B', will formally be renamed as the Quinton Farmhouse Heritage Conservation Area and will continue to encompass the buildings structures and lands at 1260 Manawagonish Road; The buildings, structures and lands designated in 1990, as herein described and as illustrated on Schedule `C', will formally be renamed the Orange Street Heritage Conservation Area and will continue to encompass the same buildings, structures and lands being the properties on Orange Street, bounded on the east by Crown Street, on the west by Sydney Street, on the north by the rear property line of all properties facing Orange Street, on the south by the rear property line of all properties facing Orange Street and by all corner buildings facing onto Carmarthen, Wentworth and Pitt Streets, having a side fagade facing onto Orange Street. In addition, it is proposed to add, at the request of the owner, the two buildings located at civic addresses 114 Wentworth Street and 116 Wentworth Street and to clarify that these buildings are to be considered corner buildings for the purposes of this By -Law in addition to 118 Wentworth Street, since all three were constructed at the same time, as part of the same development, however only 118 Wentworth Street was included as a corner building at the time of designation; The buildings, structures and lands, as herein listed and illustrated on Schedule `D' will formally be renamed collectively the Douglas Avenue Heritage Conservation Area and will continue to encompass the buildings structures and lands individually designated in 1992, on Alexandra Street, Bentley Street, Clarendon Street and Douglas Avenue; The building structure and land designated in 1995, as herein described and illustrated on Schedule `E', will formally be renamed the Red Rose Tea Heritage Conservation Area and will continue to encompass the building structure known as the Red Rose Tea building and the land it occupies at 49 Mill Street. NEw HERITAGE CONSERVATION AREAS Creation of the following additional Heritage Conservation Areas is recommended in response to requests from property owners in each of the respective proposed areas: The King Street East Heritage Conservation Area shall include all those buildings, structures and lands as herein described and as illustrated on Schedule Report to Common Council July 3, 2007 9 `F' which will form part of this By -Law, including all those properties located on both sides of King Street East bounded on the west by Sydney Street, bounded on the east by Courtney Bay, bounded on the north by the rear property line of all properties facing King Street East, bounded on the south by the rear property line of all properties facing onto King Street East, and by all corner properties herein described as facing onto Sydney Street, Carmarthen Street, Wentworth Street, Pitt Street and Crown Streets, having a side facade facing onto King Street East. The King Street West Heritage Conservation Area shall include the following buildings, structures and lands as illustrated on Schedule "G ", which will form part of this By -law; 183 Duke Street West; 205 Duke Street West; 286 King Street West; 287 King Street West; 291 King Street West; 293 King Street West; 300 -302 King Street West; 313 -315 King Street West; 317 King Street West; 100 Watson Street; and King Square West bounded by Watson Street, Duke Street West, Prince Street and Carleton Kirk Place. The Torryburn Heritage Conservation Area will include the buildings, structures and lands located at 1020 Rothesay Road and 1107 Rothesay Road and as illustrated on Schedule `H' which will form part of this by -law; The Princess Street Heritage Conservation Area shall include all those buildings, structures and lands facing onto Princess Street bounded on the west by Sydney Street, bounded on the east by Carmarthen Street, bounded on the north by. Leinster Street which forms the rear property line of all properties facing onto Princess Street, bounded on the south by the rear property line of all properties facing Princess Street and by the corner property at the north -west corner of the intersection of Sydney Street and Princess Street as well as the property at civic address 80 Sydney Street, all as illustrated on Schedule "I" which will form part of this By -law. Report to Common Council July 3, 2007 10 SECTION 3 - ADMINISTRATION Section 3 is amended to reflect the new name for the Heritage Board. It will now read: This by -law shall be administered by a Heritage Development Board in accordance with Section 9 of the Municipal Heritage Preservation Act. SECTION 4 - GvIDANCE STANDARDS Section 4 is amended to reflect the new name for the designated heritage areas. It will now read: 4 (1) The Board shall acquire or compile a register of all buildings or structures in the Heritage Conservation Areas. SECTION S - CERTIFICATE OF APPROPRIATENESS No amendments to this section re re proposed. The Heritage By -Law Review Committee recommended that the Heritage Development Officer be given the authority to approve Certificates of Appropriateness on behalf of the Board, provided that the proposed work meets the standards and is recommended in the guidelines of the national Standards & Guidelines for the Conservation of Historic Places in Canada. Any application not meeting these criteria will be referred to the Heritage Development Board for a decision. Legal Department has advised that the Municipal Heritage Preservation Act provides for the Board the ability to delegate authority to the Heritage Development Officer by means of an amendment to the Rules of Procedure under which the Heritage Development Board conducts its business. An amendment to the by -Law to enable the Heritage Development Officer to approve Certificates of Appropriateness is therefore not required. The Heritage Development Board will seek Council approval of an amendment to their Rules of Procedure, under a separate report. SECTION 6 -- APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Modify this section to reflect the change in focus of the By -Law, from restoration to a pre-1915 appearance, to conservation of heritage values through preservation, rehabilitation or restoration. The amended sub - sections will read as follows: Report to Common Council July 3, 2007 11 6 (2) Any application shall be made by the owner of the property, for which the development is proposed, in the form prescribed by the Board and shall include: (a) in the case of an existing building or structure: • Development or conservation plans and specifications which explain how the heritage values of the building, structure or place are retained; Clear indication of how all character defining elements noted on the Heritage Registry will be impacted by the proposed conservation development; Demonstration of a sound conservation decision - making process for development, through: o Understanding the building, structure, or place, through research, historic photos, site investigation, etc.; o Planning for development through preparation of a Conservation Plan which has as its basis an assessment of the condition of the character defining elements of the building, structure or place; o Using the building, structure or place in a manner which has the least impact on character defining elements; and o Intervening by making changes that respect the heritage values of the building, structure or place. (b) in the case of new (infill) construction: • Development plans, sections, details, specifications and descriptions of materials to be used on the proposed building or structure and appurtenances thereto, including site details of landscaping, open spaces, yards, driveways, etc., that demonstrate the sensitivity of fit with the surrounding streetscape(s). 6 (3) The Secretary shall submit the application to the Heritage Development Board for consideration. The Heritage Development Board shall issue a Certificate of Appropriateness if the proposed development is consistent with established conservation practices as recommended in the national Standards and Guidelines for the Conservation of Historic Places. SECTION 7 - REQUIREMENT TO MEET STANDARDS Modify this section to reflect the modified name of the heritage areas and the revised standards for development. The amended sections will read as follows: Report to Common Council July 3, 2007 12 7 (1) The exterior of any existing building or structure or part thereof, and any appurtenances thereto, within the Heritage Conservation Areas, shall not be altered, preserved, rehabilitated, restored, reconstructed, or otherwise changed, and no Certificate of Appropriateness shall be issued for any development, with the exception of demolition, unless the development retains the heritage values of the building, structure or place and conforms to the Standards for Conservation set forth in Section 8. 7 (2) The erecting or placing of a new (infill) building or structure within the Heritage Conservation Areas shall be in compliance with the Standards for New (Infill) Construction set forth in Section 9. SECTIONS 8 AND 9 - STANDARDS FOR DEVELOPMENT The standards for development in the existing Heritage By -law deal exclusively with zoning -based provisions for new construction. In reality, the vast majority of applications considered by the Heritage Development Board, deal with conservation projects on existing buildings. Consequently, the proposed amendments recommend that all of the existing standards currently found in Section 9 become Standards for New (Infill) Construction. Further that a new Section 8 encompasses Standards for Conservation (of existing buildings) based on the national Standards and Guidelines for the Conservation of Historic Places in Canada. The proposed Conservation Standards for the new Section 8 are as follows: SECTION 8 - STANDARDS FOR CONSERVATION 8 (1) Any development on an existing building in a Heritage Conservation Area, with the exception of new (infill) construction or demolition, shall use one, or a combination of the following three conservation treatments: (1) Preservation of compatible historic materials, detailing and values; or (2) Rehabilitation of compatible historic character - defining elements and values; or (3) Restoration of historic character - defining elements complete with their appropriate detailing and values to a pre -1915 appearance when based upon sufficient evidence. Report to Common Council July 3, 2007 13 8 (2) Any development on an existing building in a Heritage Conservation Area with the exception of new (infill) construction or demolition, shall comply with the following regulations: Standards for Preservation, Rehabilitation and Restoration Projects (I) Conserve the heritage value of a historic place. Do not remove, replace, or substantially alter its intact or repairable character - defining elements. Do not move a part of a historic place if its current location is a character - defining element. (II) Conserve changes to a historic place which, over time, have become character - defining elements in their own right. (1II) Conserve heritage value by adopting an approach of minimal intervention. (IV) Recognize each historic place as a physical record of its time, place and use. Do not create a false sense of historical development by adding elements from other historic places or other properties or by combining features of the same property that never coexisted. (V) Find a use for a historic place that requires minimal or no change to its character - defining elements. (VI) Protect and, if necessary, stabilize a historic place until any subsequent intervention is undertaken. Protect and preserve archaeological resources in place. Where there is a potential for disturbance of archaeological resources, take mitigation measures to limit damage and loss of information. (VII) Evaluate the existing condition of character - defining elements to determine the appropriate intervention needed. Use the gentlest means possible in any intervention. Respect heritage value when undertaking an intervention. (VIII) Maintain character - defining elements on an ongoing basis. Repair character - defining elements by reinforcing their materials using recognized conservation methods. Replace in kind any extensively deteriorated or missing parts of character - defining elements, where there are surviving prototypes for reference. Report to Common Council July 3, 2007 14 (IX) Any intervention needed to preserve character - defining elements shall be physically and visually compatible with the historic place, and identifiable only upon close inspection. Document any intervention for future reference. Additional Standards for Rehabilitation (X) Repair rather than replace character - defining elements. Where character- defining elements are too severely deteriorated to repair, and where sufficient physical evidence exists, replace with new elements that match the forms, materials and detailing of sound versions of the original character - defining elements. Where there is insufficient physical evidence, make the form, material and detailing of the new character - defining elements compatible with the character of the historic place. (XI) Conserve the heritage value and character - defining elements when creating any new additions to a historic place or any related new development. Make the new work physically and visually compatible with, respectful of the historic place and distinguishable from the historic place upon close inspection. (XII) Create any new additions or related new development so that the essential form and integrity of a historic place will not be impaired if the new work is removed in the future. Additional Standards for Restoration (XIII) Repair rather than replace character - defining elements from the restoration period. Where character - defining elements are too severely deteriorated to repair and where sufficient physical evidence exists, replace them with new elements that match the forms, materials and detailing of sound versions of the same elements. (XIV) Replace missing features from the restoration period with new features whose forms, materials and detailing are based on sufficient physical, documentary and/or oral evidence. Report to Common Council July 3, 2007 15 SECTION 9 - STANDARDS FOR NEW (INFILL) CONSTRUCTION The Standards of the existing By -Law remain the same, with the exception that section 9(1)(d) is modified to permit the height of new (infill) construction to be increased and section 9(1)(k) is modified to provide criteria with which to evaluate the appropriateness of contemporary materials. SECTION 9(l)(d) - HEIGHT OF NEW (INFILL) CONSTRUCTION This section is amended to enable the Board to approve additional height for a development above that permitted by the current 80% - 120% provision. The proposed new wording is as follows: 9(1)(d) The height of a development shall not be less than 80 percent and not more than 120 percent of the average height of existing buildings on both sides of the block within which the development is located, regardless of age, except that: (i) additional height at no point shall be greater than 140 percent of the average height of all buildings on both sides of the block within which the proposed development is located, and provided that no development shall interrupt a line starting at a point 5 feet (1.5 meters) vertically above the curb on the opposite side of the street and . projecting past the top of the roof cornice /parapet at the otherwise maximum permitted 120 percent height calculated for the proposed development; (ii) if the proposed development is located on a corner lot, the additional height between 120 percent and 140 percent shall not interrupt a line as defined in i) struck from 5 feet (1.5 meters) vertically above the curb of either street. SECTION 9(l)(k) - EVALUATION OF CONTEMPORARY MATERIALS The present By -law does not provide any rationale or criteria with which to assist the Heritage Development Board, or upon appeal, the Assessment and Planning Appeal Board, in their evaluation of the appropriateness of contemporary materials. It is proposed to amend Section 9(1)(k) by adding the following: When reviewing proposals to determine the compatibility of any proposed contemporary materials, the Board shall consider, but not be limited to, the following criteria: Report to Common Council July 3, 2007 16 • the proposed construction assembly detailing and the degree that the development proposed matches the appearance of the original detailing; • the proposed cross - sectional profiles and the degree that the development proposed matches the original profiles; • the proposed texture and finish and the degree that the development proposed matches the original texture and finish; • When cost is used as a factor, the long -term operating and life -cycle costs, as well as embedded energy, landfill impact, employment generation and spin -off generation rather than only short term capital cost. SECTION 10 - DEMOLITION The existing By -law is structured to ensure that the contiguous nature of Heritage Conservation Areas remain intact. A property owner wishing to demolish a building must apply for a Certificate of Appropriateness for demolition. This Certificate cannot be issued until the owner complies with Section 10 of the By- Law. Section 10 requires anyone wishing to demolish a building to first make a genuine effort to sell the building on the open market, for a period of not less than six months, to someone who wishes to retain and be a good steward of the building. Under the existing By -Law this intention may be and has been circumvented if the owner lists the building for sale, with a Multiple Listing Service® within the City at an unrealistically high price. The result is that the owner — who wants to demolish the building — does not receive an offer and the Heritage Development Board has no choice but to issue a Certificate of Appropriateness for demolition, since the owner has met the current requirement of the By -Law. The proposed revisions to Sections 10, 11 and 12 of the By -Law set out a process to ensure that a property which an owner wishes to demolish is made available at its real and true value. In addition, a new subsection is proposed that would limit the period of time that a Certificate of Appropriateness for demolition is valid, to a 180 day term. This would then be consistent with the current term for Building Permits. All other Certificates of Appropriateness would continue to have no expiry date. The proposed new wording for sections 10, 11 and 12 is as follows: Report to Common Council July 3, 2007 17 Section 10 11 and 12 - DEMOLITION REMOVAL OR RELOCATION 10 (1) Subject to subsection (5) no building or structure within a Heritage Conservation Area, or any appurtenances thereto, shall be demolished, removed or relocated and no Certificate for such development shall be issued until: (a) such building or structure has been identified by the Board as being incompatible with the Heritage Conservation Area in terms of the standards prescribed in Sections 8 or 9; or (b) the owner has made a publicly advertised offer to sell such building or structure and the land pertaining thereto, for a period of not less than six months, in accordance with the procedure set forth in subsection 2 of this Section, and no contract has been made for the sale of the property; or (c) the owner has listed for sale such building or structure and the land pertaining thereto with a Multiple Listing Service® and has entered into a contract thereto with a licensed real estate agent or broker within the City for a period of not less than six months, (the Listing Agreement), in accordance with the procedure set forth in subsection 2 of this section, and no contract has been made for sale of the property. 10 (2) The owner, who is making an offer to sell or who has entered into a Listing Agreement for such building or structure pursuant to subsection 1(b) or 1(c) of this Section shall: (a) before publishing the offer to sell, file such offer to sell with the Secretary and at his own expense, cause a Notice of the offer to sell to be published in a newspaper of general circulation in the- municipality, such Notice to appear at least once a month for a period of not less than six calendar months and ensure that the Offer to Sell is at a price based on the real and true value of the property; or (b) before executing the Listing Agreement, file such Listing Agreement with the Secretary and at his own expense ensure that that the listing on MLS® runs continuously for a minimum of not less than six calendar months and ensure that the Listing Agreement is at a price based on the real and true value of the property. Report to Common Council July 3, 2007 18 10 (3) The Secretary, upon receiving the offer to sell pursuant to subsection 2(a), or the Listing Agreement pursuant to subsection 2(b), shall forthwith notify the Minister responsible for the Municipal Heritage Preservation Act and the Historic Sites Protection Act. 10 (4)(1) The Notice of the offer to sell shall: (a) identify the property and its location; (b) state the offering price; (c) state the Heritage Conservation Area in which the property is located; (d) state the date the offer to sell is to begin, which date shall not be earlier than the date such offer was filed with the Secretary pursuant to subsection 2(a); and (e) include a photograph of the property, that is a minimum of one column wide, that clearly illustrates the heritage character defining elements of the property; or 10 4 (2) The Listing Agreement shall be in the form that is principally used by licensed real estate agents and brokers within the City of Saint John and shall: (a) identify the property and its location; (b) state the offering price; (c) state the Heritage Conservation Area in which the property is located; (d) state the date the Listing Agreement is to begin, which date shall not be earlier than the date such Listing Agreement was filed with the Secretary pursuant to subsection 2(a); (e) include a photograph of the property, that clearly illustrates the heritage character defining elements of the property; and (f) shall be included on the Multiple Listing Service® in accordance with Rules of Procedure established by the Saint John Real Estate Board and an exclusive Listing Agreement shall not be considered eligible to satisfy the requirements of this section; 10 (5) If the offer to sell or the Listing Agreement is at a price in excess of the most recently assessed value of the property, under the Assessment Act (Chapter A -14 of RSNB) the board shall refuse to approve the Notice or the Listing Agreement until such time as the owner has amended the Notice or the Listing Agreement accordingly or the owner has established to the satisfaction of the Board that the price is reasonable under the circumstances using the procedure indicated in Section 12 of this by -law. Report to Common Council July 3, 2007 19 10 (6) A Certificate of Appropriateness for demolition shall be valid for a period of not more than 180 days from the date of issuance. Section I1 - TERMS AND CONDITIONS OF CERTIFICATES OF APPROPRIATENESS FOR DEMOLITION 11, (1)(a) If, in the opinion of the Board, the nature of a property to be sold is such that it would require a publicly advertised offer to sell or a Listing Agreement of more than six months duration in order to attract potential purchasers, the Board may require the Notice of Offer to Sell or the Listing Agreement referred to in Section 10 to remain in effect for a period not exceeding twelve months. (b) Where the Board makes such a determination it shall notify the owner in writing of its decision and it shall amend any published notice to sell or Listing Agreement and shall pay the additional costs of the advertisement. 11 (2) If at the end of the Offer to Sell or the Listing Agreement period, the property has not been sold, the owner shall so notify the Board and the Board may issue the Certificate of Appropriateness to demolish the building or structure, subject to such terms and conditions as the Board deems necessary to preserve any parts or features of such building or structure or appurtenances thereto, including entire fa�ade(s) which is of historic or architectural value or interest. 11 (3) Upon issuing a Certificate approving the demolition, removal or relocation of a building or structure or any part thereof, the Board shall forthwith, at its own expense: (a) cause a notice to be published in a newspaper of general circulation in the municipality which states that the building or structure in question has been approved for demolition, removal or relocation, gives the date of issue of the Certificate and outlines the statutory right of appeal which exists against the Board's decision; and (b) notify the Minister responsible for the Historic Sites Protection Act that the Certificate has been issued. Section 12 — REAL AND TRUE VALUE 12 (1) If the owner wishes to Offer to Sell or enter into a Listing agreement for a price higher than the most recent assessed value of the property, under the Assessment Act (Chapter A -14 of RSNB) an appraiser who is mutually agreeable Report to Common Council July 3, 2007 20 to the owner and the Board and who is a member in good standing of the New Brunswick Association of Real Estate Appraisers, with an AACI stature shall determine real and true value of the property, to which each party must agree to be bound, with cost of such determination to be shared equally by the two parties, and such value shall be the average of the values determined by the following three approaches: i) Cost Approach; ii) Income Approach and iii) Direct Comparison Approach. 12 (2) If the determination of value finds that the Offer to Sell or the Listing Agreement of the property is at a price reasonably related to (within 10 percent of) the greater of either its most recent assessed value under the Assessment Act (Chapter A -14 of RSNB), or the real and true value as established by the appraisal, using the process established in Section 12(l), the Offer to Sell or the Listing Agreement may continue as if no question has been raised. 12 (3) If the determination of value finds that the Offer to Sell or the Listing Agreement for the property is at a price in excess of a price reasonably related to (within 10 percent of) the greater of either its most recent assessed value under the Assessment Act (Chapter A -14 of RSNB), or the real and true value as established by the appraisal, the Offer to Sell or the Listing Agreement shall be void and of no force and effect for the purposes of this Section, and the owner, if he wishes to take advantage of the right provided by Section 10 must file a new Notice of Offer to Sell or Listing Agreement at or below the real and true value established by the most recent assessed value under the Assessment Act (Chapter A -14 of RSNB) or the appraisal. 12 (4) Notwithstanding if an owner has entered into binding contract for the sale of the property prior to the date the determination of value is filed with the Board, the selling price shall be deemed to be reasonably related to the real and true value of the property. SECTION 13 MAINTENANCE No proposed changes. SECTION 14 - ENFORCEMENT The current wording of Section 14 Enforcement reflects the Summary Convictions Act which was in place at the time the original By -law was adopted. This Act is no longer used by by -law enforcement personnel. The following proposed wording reflects the Provincial Offences Procedure Act which has replaced it. Report to Common Council July 3, 2007 21 14. Any person who violates this By -law is guilty of an offence punishable under Part 2 of the Provincial Offences Procedure Act as a Category "C" offence and upon conviction, subject to a fine of not less than $70.00, and not more than $500.00, for each day the offence continues. SECTION 15 INTERPRETATION No proposed changes. SECTION 16 OTHER No proposed changes. SECTION 17 SAFETY No proposed changes. INPUT FROM OTHER SOURCES: Heritage Development Board: The Heritage Development Board has been closely involved with these proposed amendments and enthusiastically endorses the recommended changes. Heritage By -Law Review Committee: Members of the (former) Heritage By- Law Review Committee have received a draft copy of this report and have indicated support for the recommendations which they believe are a fair reflection of the concerns expressed by the community. Legal Department: The Legal Department has reviewed these proposed amendments. Building and Technical Services: The Building and Technical Services Department has reviewed these proposed amendments. Saint John Real Estate Board: The Saint John Real Estate Board has been provided with a copy of these proposed amendments which incorporates the proposed definitions, the proposed changes regarding demolition, the proposed mechanism to determine a building's value and their requested changes regarding the use of the trademark Multiple Listing Service ®. Report to Common Council July 3, 2007 22 RECOMMENDATION: It is recommended that Common Council authorize advertisement and set a public hearing date at 7:00 p.m. on July 30, 2007 for consideration of the proposed amendments to the Saint John Preservation Areas By -Law (proposed to be renamed the Heritage Development By -law). fully submitted, Jim R. Baird, MCIP Commissioner Planning & Development Terrence F. Totten, F.C.A. City Manager JHB:111 BY -LAW NUMBER HP 1 HC -1 SAINT JOHN PRESERVATION HERITAGE CONSERVATION AREAS BY -LAW The Council of The City of Saint John, under authority vested in it by the Municipal Heritage Preservation Act, Chapter M -21.1, Acts of New Brunswick 1978, enacts as follows: Interpretation 1. In this By -law, Act means the Municipal Heritage Preservation Act, 1978, Statutes of New Brunswick, Chapter M -21.1; alter means to change in any manner, structurally or otherwise, in whole or in part, the exterior of a building or structure and includes to restore, rehabilitate, preserve, renovate, repair, construct or to change in any manner the design of such building or structure; alteration means any change set out in Else (b) the definition for alter; Appeal Board means the �r«al Planning and Assessment Appeal Board; appurtenances includes but is not limited to additions, decks, walls, fences, light fixtures and standards, steps, paving and signs; archaeological resource means a place or area where the evidence of past human activity is or was located in -situ on, below, or above the ground, or lands under water, of which the recovery and understanding of this evidence can be achieved using archaeological methods. Board means the Pfeser-vation Reyie Heritage Development Board appointed pursuant to Section 8 of the Act Certificate means a Certificate of Appropriateness provided for by the Act; character - defining elements means includes but is not limited to the materials, forms, locations, spatial configurations, uses and cultural associations or meanings that contribute to the heritage value of a historic place, which must be retained in order to preserve its heritage value. contemporary materials includes, but is not limited to, angel stone, aluminium, pre -cast concrete, mirrored glass panels and any other materials not available for buildings constructed on or prior to 1915; Report to Common Council July 3, 2007 Page 2 conservation means all actions or processes that are aimed at safeguarding the character - defining elements of a cultural resource so as to retain its heritage value and extend its physical life. This may involve "Preservation'; "Rehabilitation", "Restoration".. or a combination of these actions or processes. Conservation Area means that conservation area established under Section 5 of the Act and defined in Section 2 of this By -law; Council means the Mayor and Councillors of The City of Saint John; design means general appearance of the exterior of a building or structure including size, shape, exterior surface textures, colours, decoration features, and standards of maintenance, qualities and types of exterior materials, landscaping, relationship of building or structure to its site, and for the purposes of this By- Law signage located on the interior which is visible to be read from the exterior shall be included as well as other matters relating to the nature of the exterior appearance; development means the erecting, placing, relocating, removing, renovating, preserving, rehabilitating, restoring, demolishing, altering, repairing or replacing of the exterior of a building or structure, in whole or part other than traffic control devices or statutory notices, within a Preservation Area; facade opening means any penetration of the solid material comprising the building facade. This includes window openings, doors, and archways. The area devoted to facade opening is measured on an orthographic projection from the facade elevation; facade opening /wall ratio means the ratio between the area of the facade devoted to windows and door openings and the area of the facade composed of opaque materials (walI); guidelines means prescriptive statements presented as recommended and non - recommended actions as found in the national Standards for the Conservation of Historic Places in Canada and/or descriptive statements as found in the City of Saint John Practical Preservation Guidelines, that provide practical guidance in applying the Standards for Conservation, of existing buildings, height of a building or structure means the vertical distance from the ground at the centre of the building facade to the highest point of the coping of a flat roof between the eaves and a ridge or to the deck line of a mansard roof or the average height between the plate and ridge of a gable, hip, or gambrel roof and excluding such structures as elevator penthouses, chimneys, smoke stacks and steeples; heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present or future generations. The heritage value of a historic place is embodied in its character - defining Report to Common Council July 3, 2007 Page 3 materials, forms, design, location, spatial configurations, uses and cultural associations or meanings. historic place means a structure, building, group of buildings, district, landscape, archaeological site or other place that has been formally recognized for its heritage value. heritage conservation area means that heritage conservation area established under Section S of the Municipal Heritage Preservation Act and defined in Section 2 of this By -law. historic place means a structure, building, group of buildings, district, landscape, cultural landscape, archaeological site or other place that has been formally recognized for its heritage value. intervention means any action, other than demolition or destruction, that results in a physical change to an element of a historic place. listing agreement means the agency agreement formed between a vendor as Principal and their agent regarding the trade of property and includes the New Brunswick Real Estate Board's standard listing agreement form and includes those agreements which are listed on the New Brunswick Real Estate Board's MLS® ("MLS® LISTINGS') and, unless the context indicates otherwise, exclusive listings. maintenance means routine, cyclical, non - destructive actions necessary to slow or prevent the deterioration of a building, structure or historic place. It entails periodic inspection; routine, cyclical, non - destructive cleaning, minor repair and refinishing operations; replacement of damaged or deteriorated materials with compatible traditional materials and details of similar profiles as the original. It does not include any alteration, design change and/or replacement where such replacement involves a change in design or material, For the purpose of this By -law the cleaning of a building or structure is deemed to constitute an alteration to the exterior surface texture and is not considered maintenance. minimal intervention means the gentlest approach with the least physical intervention, which allows functional goals to be met. Multiple Listing Service® means a real estate data base listing service operated by a member of a real estate board and is a registered trade mark of the Canadian Real Estate Association. municipality means The City of Saint John; Report to Common Council July 3, 2007 Page 4 owner means the registered owner of a building or structure within the Pfeser-vatien Heritage Conservation Area, the lessee thereof, or a person in possession of a bona fide contract to purchase same; pilaster means an upright architectural member that is rectangular in plan and is structurally a pier but architecturally treated as a column and that usually projects a third of its width or less from the wall; Presen,ation Area meafts that preseFvafien area established under- Seefien 5 e the Aet and defined in Seetion 2 of this By law; Preservation means the action or process of protecting, maintaining and/or stabilizing the existing materials, forms and integrity of a historic place, or of an individual component, while protecting its heritage value. Rehabilitation means the action or process of making possible a continuing or compatible new use for a historic place, or of an individual component, through repair, alterations and/or additions, while protecting its heritage value. Restoration means the action or process of accurately revealing, recovering or representing the state of a historic place, or an individual component as it appeared at a particular period in its history, while protecting its heritage value. sandblasting means a technique for the cleaning of buildings or structures of masonry construction which employs abrasive particles under pressure of water or air; setback means the distance between the street line and the front building line of a principal building or structure projected to the sideline of the lot; Standard(s) means norms for the respectful conservation of existing heritage buildings as indicated in Section 8 of this By -Law and norms for the construction of new (infill) buildings that are sensitive to their context as indicated in Section 9 of this By-Law. Standards & Guidelines for the Conservation of Historic Places in Canada means pan Canadian document providing guidance on how to best conserve our irreplaceable built heritage and on the limits of acceptable change to it, as first published by Parks Canada in 2003 and subsequently revised from time to time. Report to Common Council July 3, 2007 Page S street line means the dividing line between a lot and the right -of -way of a street, road, highway, avenue, lane, court or private easement providing generally the primary access to and egress from the property abutting along its length; structural alteration means any change in the supporting members of a building, such as a bearing walls or partitions, columns, beams, girders, etc., which results or could result in a change in the exterior walls or roof of such building or structure; traditional materials includes but is not limited to wood, brick, stone, but excludes those materials not commonly used prior to 1915; yard means an open space on the same lot with a building, such space being unoccupied and unobstructed from the ground upward; yard, rear means a yard extending across the full width of the lot between the rear most building structure and the rear lot line; yard, front means a yard extending across the full width of the lot between the street line and any building or structure; yard, side means the yard between the side lot line and the parts of the building or structure nearest thereto and extends from the street line to the rear line of said lot. PRESERVATION AREA AND APPLICATION OF BY -LAW 2(1) (a) Trinity Royal Heritage Conservation Area: That portion of The City of Saint John illustrated on the attached Schedule "A" which forms part of this By -law, is hereby established as the Trinity Royal Heritage Conservation Area. (b) Quinton Farmhouse Heritage Conservation Area: That portion of the City of Saint John being the buildings, structures and lands known as the Quinton Farmhouse, situated at civic number 1260 Manawagonish Road, as illustrated on Schedule "B" which forms part of this By -Law and is hereby established as the Quinton Farmhouse Heritage Conservation Area. (c) Orange Street Heritage Conservation Area: That portion of The City of Saint John being the buildings, structures, and lands fronting onto both sides of Orange Street bounded on the east by Crown Street, on the west by Sydney Street, on the north by the rear property line of all properties facing Orange Street, on the south by the Report to Common Council July 3, 2007 Page 6 rear property line of all properties facing Orange Street and by all corner buildings fronting onto Carmarthen, Wentworth and Pitt Streets, having a side facade facing onto Orange Street and including the structures at 114 Wentworth Street and 116 Wentworth Street, as illustrated on Schedule "C" which forms part of this By -law, is hereby established as the Orange Street Heritage Conservation Area. (d) Douglas Avenue Heritage Conservation Area That portion of the City of Saint John being the buildings, structures and lands which are illustrated and listed on Schedule "D" which forms part of this By -Law and is hereby collectively established as the Douglas Avenue Heritage Conservation Area. (e) Red Rose Tea Heritage Conservation Area: That portion of the City of Saint John being the building, structure and land known as the Red Rose Financial, situated at civic number 49 Mill Street (1YBGIC numbers 38984 and 55065007), known as the Red Rose Tea Building and only that portion of the site which the building occupies, as illustrated on Schedule "E" which forms part of this By- Law and is hereby established as The Red Rose Tea Heritage Conservation Area. (� King Street East Heritage Conservation Area: That portion of The City of Saint John being the buildings, structures and lands fronting onto both sides of King Street East bounded on the east by Courtenay Bay, on the west by Sydney Street, bounded on the north by the rear property line of all properties facing King Street East, bounded on the south by the rear property line of all properties facing onto King Street East, and by all corner properties which are facing onto Sydney Street, Carmarthen Street, Wentworth Street, Pitt Street and Crown Streets, having a side facade facing onto King Street East as illustrated on Schedule "F" which forms part of this By -law, is hereby established as The King Street East Heritage Conservation Area. (g) King Street West Heritage Conservation Area: That portion of the City of Saint John being the buildings, structures and lands illustrated and listed on Schedule "G" which forms part of this By -Law and is hereby established as The King Street West Heritage Conservation Area. 183 Duke Street West 205 Duke Street West 286 King Street West Report to Common Council July 3, 2007 Page 7 287 King Street West 291 King Street West 293 King Street West 300 -302 King Street West 313-315 King Street West 317 King Street West 100 Watson Street and King Square West bounded by Watson Street, Duke Street West, Prince and Carleton Kirk Place (h) Brookville - Torryburn Heritage Conservation Area: That portion of the City of Saint John being the buildings, structures, and lands situated at civic numbers 1107 Rothesay Road and 1020 Rothesay Road, as illustrated on Schedule "H" which forms part of this By -Law and is hereby established as The Brookville Torryburn Heritage Conservation Area. (i) Princess Street Heritage Conservation Area: That portion of The City of Saint John being the buildings, structures, and lands fronting onto both sides of Princess Street bounded on the west by Sydney Street, bounded on the east by Carmarthen Street, bounded on the north by the rear property line of all properties facing Princess Street, bounded on the south by the rear property line of all properties facing Princess Street and by all corner properties which are facing onto Sydney Street or Carmarthen Street, having a side facade facing onto Princess Street and shall include the property at the north- west corner of the intersection of Sydney Street and Princess Street as well as the property at civic address 80 Sydney Street as illustrated on Schedule "I" which forms part of this By -law, is hereby established as The Princess Street Heritage Conservation Area. 2 (2) This By -law shall apply to the Pfeser alien Are Heritage Conservation Areas established by subsection (1) hereof. ADMINISTRATION 3 This by -Iaw shall be administered by a Drese� : a i° . Heritage Development Board in accordance with Section 9 of the Act. GUIDANCE STANDARDS 4 (1) The Board shall acquire or compile a register of all buildings or structures in the Preser-vatiea.Heritage Conservation Areas. Report to Common Council July 3, 2007 Page 8 4 (2) In order to provide guidance to the public on standards of design for developments in the en Heritage Conservation Areas, the Board shall maintain the file or files containing drawings, photographs and other descriptive or pictorial items showing structures, architectural styles, and materials appropriate to the area. 4 (3) Such registers and files shall form part of the records of the Board. Certificate of Appropriateness 5(l) Subject to subsection 2, no person shall carry out or cause to be carried out any development within the Preset r� Heritage Conservation Areas, with the exception of maintenance, and whether a building permit or demolition permit has been issued or not, until a Certificate of Appropriateness has been issued by the Board. 5 (2) No development in accordance with the Certificate shall be carried out until every right of appeal under the Act has been exercised in the particular case or until the time prescribed by the Act for the exercise of that right of appeal has expired. Application for Certificate 6 (1) An application for a Certificate of Appropriateness shall be filed with the Secretary of the Board who shall not accept any application which is incomplete or appears to be incomplete. 6 (2) Any application shall be made by the owner of the property, for which the development is proposed, in the form prescribed by the Board and shall include: (a) in the case of an existing building or structure: • Development or conservation plans and specifications which explain how the heritage values of the building, structure or place are retained; existing open spaees, yards, driveways, landseaping and ethep—aite details; er • Clear indication of how all character - defining elements noted on the Heritage Registry will be impacted by the proposed development; and • Demonstration of a sound conservation decision- making process for development, through: o Understanding the building, structure or place, through research, historic photos, site investigation, etc.; Report to Common Council July 3, 2007 Page 9 o Planning for development through preparation of a Conservation Plan which has at its basis an assessment of the condition of the character - defining elements of the building, structure, or place; o Using the building, structure or place in a manner which has the least impact on character - defining elements, and o Intervening by making changes that respect the heritage values of the building, structure or place. (b) in the case of new (infill) construction: • Development plans, sections, details, specifications and descriptions of materials to be used on the proposed (infill) building or structure and appurtenances thereto, including details relating to the site such as landscaping, open spaces, yards, driveways, etc., that demonstrate the sensitivity offit with the surrounding streetscape context. 6 (3) The Secretary shall submit the application to the Heritage Development Board for consideration. The Heritage Development Board shall issue a Certificate of Appropriateness if the proposed development is consistent with the recommendations found in the national Standards & Guidelines for the Conservation of Historic Places in Canada. b (4) The Board may refuse to issue a Certificate where it considers that the development plans and specifications submitted as part of the application are incomplete or where such plans and specifications show that the proposed conservation or development, with the exception of demolition, is incompatible with the standards of development prescribed in Section 8 or 9. REQUIREMENT TO MEET STANDARDS 7 (1) The exterior of any existing building or structure or any part thereof and any appurtenances thereto within thet Heritage Conservation Area shall not be altered, reconstructed preserved, rehabilitated, restored, or otherwise changed, and no Certificate shall be issued for any conservation or development with the exception of demolition, unless the development conforms to the standards for Conservation set forth in Section 9 8. 8 7 (2) The erecting or placing of a new (Infill) building or structure within the P -ese-- a4ien Heritage Conservation Areas shall be in compliance with the Standards laid down for New (Infill) Construction set forth in Section 9. STANDARDS FOR CONSERVATION OF EXISTING BUILDINGS 8 (1) Any development on an existing building in a Heritage Conservation Area, with the exception of new (infill) construction or demolition, shall use one or a combination of the following three conservation treatments: Report to Common Council July 3, 2007 Page 10 (a) Preservation of compatible historic materials, detailing and values; or (b) Rehabilitation of compatible historic character - deft elements and values; or (c) Restoration of historic character defining elements complete with their appropriate detailing and values to a pre -1915 appearance, when based upon sufficient evidence. 8 (2) Any development on an existing building in a Heritage Conservation Area, with the exception of new (infill) construction or demolition, shall comply with the following regulations: STANDARDS FOR PRESERVATION, REHABILITATION & RESTORATIONPROJECTS (I) Conserve the heritage value of a historic place. Do not remove, replace, or substantially alter its intact or repairable character - defining elements. Do not move a part of a historic place if its current location is character - defining. (II) Conserve changes to a historic place which, over time, have become character - defining elements in their own right. (III) Conserve Heritage value by adopting an approach of minimal intervention. (III) Recognize each historic place as a physical record of its time, place and use. Do not create a false sense of historical development by adding elements from other historic places or other properties or by combining features of the same property that never coexisted (1) Find a use for a historic place that requires minimal or no change to its character - defining elements. (VI) Protect and, if necessary, stabilize a historic place until any subsequent intervention is undertaken. Protect and preserve archaeological resources in place. Where there is a potential for disturbance of archaeological resources, take mitigation measures to limit damage and loss of information. (VII) Evaluate the existing condition of character-defining elements to determine the appropriate intervention needed. Use the gentlest means possible in any intervention. Respect heritage value when undertaking an intervention. (VIII) Maintain character- defining elements on an ongoing basis. Repair character - defining elements by reinforcing their materials Report to Common Council July 3, 2007 Page 11 using recognized conservation methods. Replace in kind any extensively deteriorated or missing parts of character - defining elements, where there are surviving prototypes for reference. (IX) Any intervention needed to preserve character - defining elements shall be physically and visually compatible with the historic place, and identifiable upon close inspection. Document any intervention for future reference. ADDITIONAL STANDARDS FOR REHABILITATION (X) Repair rather than replace character - defining elements. Where character - defining elements are too severely deteriorated to repair, and where sufficient physical evidence exists, replace with new elements that match the forms, materials and detailing of sound versions of the original character - defining elements. Where there is insufficient physical evidence, make the form, material and detailing of the new character - defining elements compatible with the character of the historic place. (XI) Conserve the heritage value and character - defining elements when creating any new additions to a historic place or any related new development. bake the new work physically and visually compatible with and respectful of the historic place, and distinguishable from the historic place upon close inspection. (XII) Create any new additions or related new development so that the essential form and integrity of a historic place will not be impaired if the new work is removed in the future. ADDITIONAL STANDARDS FOR RESTORATION (XIII) Repair rather than replace character - defining elements from the restoration period. Where character - defining elements are too severely deteriorated to repair and where sufficient physical evidence exists, replace them with new elements that match the forms, materials and detailing of sound versions of the same elements. (XH) Replace missing features from the restoration period with new features whose forms, materials and detailing are based on sufficient physical, documentary and/or oral evidence. Report to Common Council July 3, 2007 Page 12 STANDARDS FOR NEw (INFILL) DEVELOPMENT 9 (1) Any development, with the exception of demolitions, within the Pfesen,afien Heritage Conservation Areas shall comply with the following regulations: For the purposes of Section 9 the following definitions apply: "neighbouring buildings or structures" means the existing buildings or structures fronting upon the same side of the street or streets and adjacent or most proximate to the development. "side yard ratio" means the ratio of the width of the side yard between the side lot line and the parts of the building or structure nearest thereto, and the total width of the lot. (a) Where the setbacks of neighbouring buildings or structures are uniform, the setback of the development shall conform thereto. (b) Where the setbacks of neighbouring buildings or structures are not uniform: (i) if the setback of one of the neighbouring buildings or structures is the same as the setback of the building or structure adjacent or most proximate to it then the setback of the development shall conform thereto; or (ii) if the setback of the neighbouring building or structure on either side of the development is not the same as the setback of those buildings or structures adjacent or most proximate to it, then the setback of the development shall conform to that of either of the neighbouring buildings or structures. (iii) within the Douglas Avenue Pr-esefvafie n Heritage Conservation Area, the setback for new infill development is to be in alignment with the last building from the historic period (1853 -1940) to have occupied the site. The Pfese , f e Reviev., Heritage Development Board or the Heritage Development Officer may permit a different setback where it is compatible with the appearance of and rhythm of the historic streetscape. (By -law 93 -241) Report to Common Council July 3, 2007 Page 13 (c) The side yard ratio on each side of a development shall conform to the relative side yard ratios of either of the neighbouring buildings or structures so. as to maintain the pattern of open and occupied spaces. (d) The height of a development shall not be less than 80 percent and not more than 120 percent of the average height of existing buildings on both sides of the block within which the development is located, regardless of age, except that. (i) additional height at no point shall be greater than 140 percent of the height of all buildings on both sides of the block within which the proposed development is located, and provided that no development shall interrupt a line starting at a point 5 feet (1.5 meters) vertically above the curb on the opposite side of the street and projecting past the top of the roof cornice /parapet at the otherwise maximum permitted 120 percent height calculated for the proposed development; and (ii) if the proposed development is located on a corner lot, the additional height between 120 percent and 140 percent shall not interrupt a line as defined in (i) struck from 5 feet (1.5 meters) above the curb of either street. (e) The height/width ratio of the facades of a development shall not vary by more than 10 percent from the height/width ratio of the facades of existing buildings constructed prior to 1915 and not subsequently altered and located within the same block as the development, fronting upon the same side of the street. (f) Notwithstanding paragraph (e), the Board may issue a Certificate of Appropriateness for a building or structure proposed for a parcel of land of a width greater than the average width of building lots within the same block where such proposed building or structure is too wide to comply with the height/width ratio set forth in paragraph (e), provided that, the Developer shall cosmetically divide the facade of such building or structure with pilasters or other design techniques into sections or bays which do conform to the required height/width ratio. (g) The allowable facade opening /wall ratio for the facade of a development shall not vary by more than 10 percent from the facade opening /wall ratio of the facades on existing buildings of the same type or style constructed prior to 1915 and not Report to Common Council July 3, 2007 Page 14 subsequently altered, and located within the same block as the development, fronting upon the same side of the street. (h) The dimensions of the windows in a development shall not vary by more than 10 percent from the dimensions of the windows in existing buildings of the same type or style constructed prior to 1915 and not subsequently altered, and located with the same block as the development, fronting upon the same side of the street. (i) The roof or roofs of a development in regard to their direction, pitch and arrangement shall conform to those on existing buildings of the same type or style constructed prior to 1915 and not subsequently altered, and located within the same block as the development, fronting upon the same side of the street. 0) The size, shape and prominence of a porch, entrance projection or doorway in a development shall be similar to those found on existing buildings of the same type or style constructed prior to 1915 and not subsequently altered and located within the same block as the development, fronting upon the same side of the street. (k) A development shall use traditional detailing and traditional materials for its exterior facades in keeping with those found on existing building or buildings of the same type or style constructed prior to 1915 and not subsequently altered and located within the same block as the development, fronting upon the same side of the street, The Board may permit the use of contemporary materials where their appearance is compatible with the appearance of traditional materials and detailing. When reviewing proposals to determine compatibility of contemporary materials, the Board shall consider but not be limited to the following: • Proposed construction assembly detailing and the degree that proposed matches the appearance of the original; • Proposed cross - sectional profiles and the degree that proposed matches originals; • Proposed texture and finish and the degree that proposed matches the original; • When cost is used as a factor, then long -term operating and life -cycle cost, as well as embedded energy, landfill impact, employment generation and spin -offs shall be used rather than short term capital cost. Report to Common Council July 3, 2007 Page 15 9 (2) In the case where there is no existing building or structure eeastpaete pfier to 1915 and located within the same block as the development, €renti-ng upon the same side of the street, the standards of this Section are deemed to relate to a building or structure eenstr eted or- to 1915 which is most proximate to the development. (3) Subjeettesubseetion2i 9 (4)(3) Mid -Block developments which do not front on any street or streets, are exempt from the standards set forth in this Section. 9 (5) Masenfy Cleaning OPINION OWN WON 1,1101WINTION-1, W—U."I'll WRINWINA. W, WO MORRETYMMIM 9 (4)(3) Mid -Block developments which do not front on any street or streets, are exempt from the standards set forth in this Section. 9 (5) Masenfy Cleaning Demolition, Removal or Relocation 10 (1) Subject to subsection (5) no building or structure within the zFfesepAacie n a Heritage Conservation Area, or any appurtenances thereto, shall be demolished, removed or relocated and no Certificate for such development shall be issued until, (a) such building or structure has been identified by the Board as incompatible with the Pfesen gin Heritage Conservation Area in terms of the standards prescribed in section 8 and/or 9; or OPINION Demolition, Removal or Relocation 10 (1) Subject to subsection (5) no building or structure within the zFfesepAacie n a Heritage Conservation Area, or any appurtenances thereto, shall be demolished, removed or relocated and no Certificate for such development shall be issued until, (a) such building or structure has been identified by the Board as incompatible with the Pfesen gin Heritage Conservation Area in terms of the standards prescribed in section 8 and/or 9; or Report to Common Council July 3, 2007 Page 16 (b) the owner has made a publicly advertised Offer to Sell such building or structure and the land pertaining thereto, for a period of not less than six months, in accordance with the procedure set forth in subsection 2 of this Section, and no contract has been made for the sale of the property; or (c) the owner has listed for sale such building or structure and the land pertaining thereto with a Multiple Listing Service® and has entered into a contract thereto with a licensed real estate agent or broker within the City for a period of not less than six months, (the Listing Agreement), in accordance with the procedure set forth in subsection 2 of this section, and no contract has been made for sale of the property. 10 (2) The owner, who is making an Offer to Sell or who has entered into a Listing Agreement for such building or structure this Seetie shall: (a) Before publishing the Offer to Sell, file such Offer to Sell with the Secretary and at his own expense, cause a Notice of the Offer to Sell to be published in a newspaper of general circulation in the raunisipal municipality such Notice to appear at least once a month for a period of not less than six calendar months and ensure that the Offer to Sell is at a price based on the real and true value of the property; or (b) Before entering into a contract with a Multiple Listing Service® file such Listing Agreement with the Secretary and at his own expense ensure that the listing on MLS® runs continuously for a minimum of not less than six calendar months and ensure that tit Listing Agreement is at a price based on the real and true value of the property. (c) mafket value of the preperty. 10 (3) The Secretary, upon receiving the Offer to Sell pursuant to subsection 2(a), or the Listing Agreement pursuant to subsection 2(b), shall forthwith notify the Minister responsible for the Histe,.:,, rites Pr- eteefie "i.4 Municipal Heritage Preservation Act. 10 (4) (1) The Notice of the Offer to Sell shall be in the fenr r-ibe 7 by Schedule "B" a4taehed hereto and forming paFt ef this by la-w and sueh netiee shall: (a) appear in the real estate section of the newspaper; (b) be at least one column in width; Report to Common Council July 3, 2007 Page 17 (c) have at the top of the ad a headline in 24 pt. type in capitals, saying TRINITY ROY indicating the name of the Heritage Conservation Area that the property is located within; (d) use 8 pt. type in the text of the ad; (e) identify the property and its location; (f) state the offering price; (g) state the date the Offer to Sell is to begin, which date shall not be earlier than the date such offer was filed with the Secretary pursuant to subsection 2(a); (h) include a black and white photograph of the property, sueh photograph te eenCafm to details set eut in said Sehe `92 to be a minimum of the width of the column by whatever necessary height, that clearly illustrates the character defining elements of the property; or 10 (4) (2) The Listing Agreement shall be in the form principally used by licensed real estate agents and brokers within the City of Saint John and shall cause the property to: (a) be listed with a licensed real estate salesperson who is a member of the Saint John Real Estate Board; (b) be listed via the MULITIPLE LISTING SERVICE® ; (c) adhere to the Saint John Real Estate Board's MLSO Rules and Regulations and its policies for the suitable presentation of the property for marketing purposes; (d) include a photograph representing a clear and accurate representation of the property for sale and its heritage character defining elements; and (2) Exclusive listings with a REALTOR ® shall not be acceptable for the purposes of this By -Law. 1 Le • WS MMUDMUMM 10 (5) If the Offer to Sell or the Listing Agreement is at a price in excess of the most recently assessed value of the property, under the Assessment Act (Chapter A -14 of RSNB) the Board shall refuse to approve the Notice or the Listing Agreement until such time as the owner has amended the Notice or the Listing Agreement accordingly or the owner has established to the satisfaction of the Board that the price is reasonable under the circumstances using the procedure indicated in Section 12 of this By -Law. Report to Common Council July 3, 2007 Page 18 I . g ISM ;- M-M , 0 1 rgiagg 10 (6) A Certificate of Appropriateness for demolition shall be valid for a period of not more than 180 days from the date of issuance. TERMS AND CONDITIONS OF CERTIFICATES FOR DEMOLITION 11 (1} (a) If, in the opinion of the Board, the nature of a property to be sold is such that it would require a publicly advertised Offer to Sell or a Listing. Agreement of more than six months duration in order to attract potential purchasers, the Board may require the Notice pf Offer to Sell or the Listing Agreement referred to in Section 10(1)(b) and Section 10(1)(c) to remain in effect for a period not exceeding twelve months. (b) Where the Board makes such a determination it shall notify the owner in writing of its decision and it shall amend any published notice to sell or the Listing Agreement and shall pay the additional costs of the advertisement. 11 (2) If at the end of the Offer to Sell or the Listing Agreement period, the property has not been sold, the owner shall so notify the Board, and the Board may issue a Certificate; subject to such terms and conditions as the Board deems necessary for the purpose of preserving any parts or character defining elements of such building or structure or appurtenances thereto, including entire facades which are of historic or architectural value or interest. 11 (3) The Board may issue the Certificate of Appropriateness to demolish a building or structure, subject to such terms and conditions as the Board deems necessary to preserve any parts or feature or character defining element(s) of such building or structure which is of historic or architectural value and/or interest. 11 (4) Upon issuing a Certificate approving the demolition, removal or relocation of a building or structure or any part thereof, the Board shall forthwith, at its own expense, (a) cause a notice to be published in a newspaper of general circulation in the municipality stating that the building or structure in question has been approved for demolition, removal or relocation, the date of issue of the Certificate and outline the Report to Common Council July 3, 2007 Page 19 statutory right of appeal which exists against the Board's decision; and (b) notify the Minister responsible for the Histefie Sit Pfetee ie Municipal Heritage Preservation Act that the Certificate has been issued. FAIR A4 a Rj r REAL AND TRUE VALUE 12 (1) Any who Wishes to tl;re & ,-1 s per -sen question off-er-ing price _ in the within - 4- 5 - days e€- the - publiC- atien of st#eh -N%e, file with the Seer-etary a in writing by least eentinue as no questien petition signed at the City. six per-sons resident wit 12 (1) If the owner wishes to Offer to Sell or enter into a Listing Agreement for a price higher than the most recent assessed value of the property, under the Assessment Act (Chapter A -14 of RSNB) an appraiser who is mutually agreeable to the owner and the Board and who is a member in good standing of the New Brunswick Association of Real Estate Appraisers, with an AACI stature shall determine the real and true value of the property, to which each party must agree to be bound, with cost of such determination to be shared equally by the two parties and such value shall be the average of the values determined by the following three approaches: i) Cost Approach; ii) Income Approach; and iii) Direct Comparison Approach. 12 (3) if the appfaisal repeA that the Offer- to Sell is states the property at a priee r-easenably related !9 er- less than its fair the Off-er Sell if had market value, to may been faised. eentinue as no questien fair the OfFeF Sell Rn exeess ef marketvalue, te shall an..d of 'f �.��� ne an4L�eet fn: he see of this S e.tion Y'�tev vuvia, an the a..ia..a -�rrv- he L. t "Ifuff" In FN N 111 1 IN 12 (3) if the appfaisal repeA that the Offer- to Sell is states the property at a priee r-easenably related !9 er- less than its fair the Off-er Sell if had market value, to may been faised. eentinue as no questien 12 (2) If the determination of value finds that the Offer to Sell or the Listing Agreement of the property is at either its most recent assessed value under the Assessment Act (Chapter A -14 of RSNB), or the real and true value as established by the appraisal, using the process established in Section 12(1), the Offer to Sell or the Listing Agreement may continue as if no question had been raised. 12 (4) if the appraisal thA the Offer to Sell . is r-epeft states the pfepefty al-- , in the reasonably fair the OfFeF Sell be wid exeess ef marketvalue, te shall an..d of 'f �.��� ne an4L�eet fn: he see of this S e.tion Y'�tev vuvia, an the a..ia..a -�rrv- he L. t Report to Common Council July 3, 2007 Page 20 12 (3) If the determination of value finds that the Offer to Sell or the Listing Agreement of the property is at a price in excess of either its most recent assessed value under the Assessment Act (Chapter A -14 of RSNB), or the real and true value as established by the appraisal, using the process established in Section 12(1), the Offer to Sell or the Listing Agreement shall be void and of no force for the purposes of this Section, and the owner, if he wishes to take advantage of the right provided by Section 10 must file a new Notice of Offer to Sell or Listing Agreement at or below the real and true value under the Assessment Act (Chapter A -14 of RSNB) or the appraisal. 12 (5) (4) Notwithstanding any determination of value, if an owner has entered into a binding contract for the sale of the property prior to the date the determination of value is filed with the Board, the selling price shall be deemed to be reasonably related to fair-fnarkei the fair and true value of the property. MAINTENANCE 13 Maintenance, as defined by this By -Law, of the exterior of a building or structure or appurtenance thereto, is permitted and for the purpose of such maintenance a Certificate is not required. ENFORCEMENT M IN 14 Any person who violates this By -Law is guilty of an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category "C" offence and upon conviction to a fine of not less than $70.00 and not more than $500.00 for each day the offence continues. INTERPRETATION (no changes proposed) 15 For the purposes of this by -law: (a) a word importing the masculine gender includes a feminine gender and a word importing a feminine gender includes the masculine gender; Report to Common Council July 3, 2007 Page 21 (b) a word in the singular includes the plural and a word in the plural includes the singular whenever the context of the by -law would so require. OTHER (no changes proposed) 16 The headings used in this by -law are inserted for convenience of reference only and form no part of the by -law. SAFETY (no changes proposed) 17 Nothing in this by -law shall be construed so as to affect the demolition of any building that Common Council has found, under the by -law entitled "A By- law Respecting Dangerous or Unsightly Premises within the City of Saint John", to be dangerous. Repeal/Abrogation A by -law of The City of Saint John enacted on the 14`h day of December, 1981 entitled "Saint John Preservations Area By -law" and all amendments thereto is repealed on the coming into force 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 3`d day of January, A.D. 2006 and signed by: Mayor/Maire L'arretd de The City of Saint John edictd le 14 decembre 1981 et intitule Saint John Preservations Area By -law, ensemble ses modifications, est abroge d6s Fentree en vigueur du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 3 janvier 2006, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - December 19, 2005 Premiere lecture - 19 decembre 2005 Second Reading- January 3, 2006 Deuxieme lecture - 3 j anvier 2006 Third Reading - January 3, 2006 Troisi6me lecture - 3 janvier 2006 Report to Common Council July 3, 2007 Page 22 Schedule "A" Trinity Royal Heritage Conservation Area Includes the buildings structures and lauds within the boundry indicated on this schedule.. Report to Common Council July 3, 2007 Page 23 o J C� c 4. for a �r. Az pro c ~est Schedule "B" Quinton Farmhouse Heritage Conservation Area Includes the buildings, structures and land at 1260 Manawagonish Road Report to Common Council July 3, 2007 Page 24 Report to Common Council July 3, 2007 Page 2S T ALEXANDRA ST } 24 ALEXANDRA ST 25 ALEXANDRA ST 32 ALEXANDRA Sr 34 ALEXANDRA ST 12 BENTLEY ST 14 BENTLEY ST 28 BENTLEY ST 30 BENTLEY ST 56 CLARENDON ST 69 CLARENDON ST 73 CLARENDON ST 75 CLARENDON ST 77 CLARENDON ST 79 CLARENDON ST 81 CLARENDON ST 83 CLARENDON ST 25 DOUGLAS AV 29 DOUGLAS AV 31 DOUGLAS AV 108 DOUGLAS AV 127 DOUGLAS AV 147 DOUGLAS AV 149 DOUGLAS AV 152 DOUGLAS AV 186 DOUGLAS AV 187 DOUGLAS AV 191 DOUGLAS AV 193 DOUGLAS AV 202 DOUGLAS AV 203 DOUGLAS AV 204 DOUGLAS AV 206 DOUGLAS AV 207 DOUGLAS AV 215 DOUGLAS AV 222 DOUGLAS AV 229 DOUGLAS AV 233 DOUGLAS AV 234 DOUGLAS AV 241 DOUGLAS AV 248 DOUGLAS AV 249 DOUGLAS AV 254 DOUGLAS AV 260 DOUGLAS AV 272 DOUGLAS AV 274 DOUGLAS AV 297 DOUGLAS AV 302 DOUGLAS AV r� x t I �4 Schedule "D" Douglas Avenue Heritage Conservation Area Includes the buildings structures and lands as listed and illustrated on this schedules Report to Common Council July 3, 2007 Page 26 •ys�v �'H�f• wa - .roYS i:'YR��.�.•'';.F�' � s}�F>< .•_ i'E.a, a aa�.s_.V xa-s J� _xn.a.a. .- - • LN.t-r .. .iLa t_A.c l'. n�q rein Un�Q! kx.; .µ1d -- ayr, w,..�,i.rl�:f •y:`y. i•.. (rtx�fK.+ti. '00,;.r, Schedule "E" Red Rose Tea Heritage Conservation Area Includes the building structures and land at 49 Mill Street Report to Common Council July 3, 2007 Page 27 � ypn6 gam. k MEN NO 0 � stlosom� VVI, 11 1 Schedule "F" King Street East Heritage Conservation Area Includes the buildings, structures and lands on both sides of King Street East bounded on the west by Sydney Street, bounded on the east by Courtney Bay, bounded on t1 :e north by the rear property line of all properties facing King Street East, bounded on the south by the rear property line of all properties facing onto King Street East, and by all corner properties which are facing onto Sydney Street, Carmarthen Street, Wentworth Street, Pitt Street and Crown Street with a side favade facing onto King Street East Report to Common Council July 3, 2007 Page 28 -1.4 18.3. DUKE - ;..2.0.5-D.UK.E..Sr.W 0 286 KING STW 287 KING STW 291 KING STW 293 KJNG STW 300 KING STW 4�' 0 0 ,302 KING STW .313 KING STW aQ 315 KING STW 317 KING STW ........ . .................... 0 100 WATSON ST ................ .. � I ".� Schedule "G" King Street West Heritage Conservation Area Includes the buildings, structures and lands individually listed on this schedule as indicated on this map. I Report to Common Council July 3, 2007 Page 29 Report to Common Council July 3, 2007 Page 30 DIAGRAM 1 : Height of New (Infill) Construction [ Reference: Section 9 (1) (d) ] 140% 120 100% 800/0 REPORT TO COMMON COUNCIL � e M & C — 2007 -213 The City of Saint john June 29, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: WEST SAINT JOHN RIDING PARK OCEAN WESTWAY At the last meeting of Common Council, the City Manager and staff were directed to meet with the residents living in close proximity to a recently developed motor - cross riding park. The purpose of this meeting was to hear directly from those residents, their concerns related to this facility and then to determine what, if anything the City could do, at this point in time, to address these concerns. The meeting was held on Thursday, June 21" with as many as eight representatives in attendance. Prior to this meeting, the City Manager visited the site and met with the owner on Tuesday, June 190`. Subsequent to the meeting, the City Manager visited the site and had further discussion with the owner on Friday, June 22 °d. Before attempting to provide any advice to Council and information with respect to the background on this property, Council should be apprised of the positions taken by both the residents and the owner of this property. THE POSITION OF THE RESIDENTS: Putting it blankly, the residents of the area want all riding of motor -cross bikes on this site to stop immediately. While discussion was held with respect to the potential for a commercial operation and therefore a rezoning application coming before the Planning Advisory Board and then to Council, the residents feel that even the current situation is not acceptable. The residents of the area seem well organized, well informed and with a single purpose. The day before the meeting, they had forwarded to the Mayor's office a packet of information a portion of which is attached, dealing with questions Report to Common Council Page 2 June 29, 2007 related to the applicability and enforcement of the Noise Bylaw, Safety Concerns, the Zoning Bylaw, the Off Road Vehicle Act, Environmental Issues and a series of other concerns. When all was said and done, the City Manager believes that an appropriate conclusion is; The residents of the area, primarily because of the noise coming from this site, but also because of some concerns related to safety and traffic volumes, have concluded that the current activities on this site are preventing them from the quiet and peaceful enjoyment of their private property and as such the City ought to take whatever steps possible to have these activities cease immediately. THE POSITION OF THE OWNER: From the visit to the site it is clear that the owner of this property also takes great pride in what he has established. The owner both lives and works on site. The buildings, both his home and garage building are very well kept. Behind what can be seen from Ocean Westway is a very large dirt packed parking lot, and on the west end lies a fairly large grassed area with a gazebo, brick fireplace, a man made pond complete with a fountain and picnic table. It is from the back of this parking lot and park, that one can see the start of the road leading to the riding trails. The owner of the property has taken the position that all terrain vehicles or dirt bikes have a long history of use in this area; sometimes on his 42 acres, but also in local gravel pits, along the Pipeline Road, and along a trail on the other side of Ocean Westway. Ideally, the owner would like to see some sort of profitable development occur on that portion of his lands where he has begun to construct the riding park. Unfortunately, the lay of the land and the extremely high costs of servicing the property make such a venture impossible at this time. It was for this reason that he began to construct the riding park. Initially, it was intended for him and friends, however, once its existence became known, it has become a drawing card, or destination for young people in the area as well as for many riders in the area. The interest that it has generated, and the potential opportunities that exist has caused him to give serious consideration to perhaps applying for rezoning of the property to allow for increased activity on the site. He has previously had those discussions with City staff and is aware of the process and hurdles he must overcome should he decide to do so. Report to Common Council June 29, 2007 Page 3 While staff does not want to prejudice his decision in this regard, Council should be aware of the owner's views some of which are set out below. 1) Riding Parks are facilities that are found in many communities. Increased television coverage provided to so called "Extreme Sports" is creating demand. 2) There are currently many riders in this area that practice in gravel pits, and /or public trails. As such, they are unsupervised and essentially operate in unsafe conditions. 3) A Riding Park, should it ever be established, would be operated on the following basis. a. All bikes would have to be equipped with noise reduction equipment (so called DAWGS). b. All bikes would have to be transported to the Park. In other words, no drive -up users as is currently happening. c. All riders would have to be fully equipped with appropriate safety gear and helmets. d. All young riders would have to be supervised by parents, guardians or some other adult. e. Access to the site would be controlled through McPherson Road, as opposed to the current situation where young people are accessing it by various means. f. Finally, if the Ride Park were to be established, funds from the operation would be used to acquire the "Sound Curtains" to lessen the noise that is generated from the site. After having visited the site and having had discussions with the owner, the City Manager has concluded that the following is a fair representation of the owner's position. "The owner's position is that should he decide to try to take this operation to the next level, it would be good for the City of Saint John. It is a perfect site just off the highway. It will not only become a draw for visitors to our community, but will service many local riders who now must travel to Halifax and Moncton to compete." Now that Council is aware of the positions taken by the respective parties, staff would offer the following. Report to Common Council June 29, 2007 CURRENT ZONING: Page 4 The portion of the property where individuals ride bikes is zoned "RF" Rural. Commercial recreational facilities are permitted with conditions "...but not including automobile, cycle or horse race tracks; ". This specific prohibition has lead to staff to advise the owner that rezoning would be required if a racing track was proposed. A wide variety of issues both from the prospective of the owner and the area residents would need to be considered if such a rezoning application were received. STAFF'S CONCLUSION: At the present time staff have not obtained or been presented with sufficient information to conclude that the present activity on the site constitutes the establishment of a new use, that is prohibited by the Zoning By -law that would be enforced through the Courts. Planning staff have come to this conclusion after having read court rulings in similar situations and from reviewing current literature. Individuals have a right to own property and to use that property for various purposes within certain boundaries or limitations. In this case, at this point in time, staff do not believe the level of activity exceeds these limitations. Having said this, should the activity level increase and evidence be presented (or gathered) to substantiate this fact, then obviously, enforcement proceedings will commence. It should be noted that the commercial activity (car sales lot and repair garage) adjacent to Ocean Westway are zoned "B -2" General Business do not form part of the complaints being received. In fact, residents at the meeting voiced acceptance with that activity. STAFF'S COMMITMENT: Staff did undertake to investigate the potential of locating a full commercial track at another more isolated location in the City. This will take additional time to fully investigate. Finally, during the meeting with residents, the Police Chief did commit to increase the level of police presence in the area so as to address safety concerns related to riders making way to the Park through a number of routes. The residents, as did the owner, when he was advised, welcomed the Chief's commitment. Report to Common Council June 29, 2007 Terrence L. Totten, FCA CITY MANAGER Page 5 June 27, 2007 Your Worship and Councillors: SUBJECT: Proposed Subdivision - Folkins Estates Inc. Subdivision (Project File: 1433 Loch Lomond Road) The Planning Advisory Committee, at it June 26, 2007 meeting, considered the attached report concerning the creation of a 4,800 square metre (51,670 square feet) lot to vest with the City as Land for Public Purposes. Ms. Jennifer Peacock attended the meeting on behalf of the applicant and expressed agreement with the staff recommendation. No other persons addressed the Committee and no letters were received. After considering the attached report and Ms. Peacock's comments the Committee adopted the recommendation set out below. In addition to approving the creation of a lot on an access other than a public street, the Committee also granted the requested variance and approved the revised street name of Roatan Way (the correct spelling is Roatan, although the Staff Report indicated the name was Rowatan). RECOMMENDATION: That Common Council amend its resolution of June 9, 2003 to authorize the release of the existing Land for Public Purposes dedication of 2,295 square metres (24,704 square feet) identified as Lots 03 -37 and 03 -39 when the proposed Land for Public Purposes of 7,430 square metres (79,978 square feet) is vested to the City, in one or more phases, with an appropriate right -of -way agreement instead of requiring that public road access be provided. Respectfully submitted, Stephen Horgan Chairman PF /pf Attachments Project No. 07 -226 DATE: JUNE 22, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 26, 2007 Patrick Foran Planning Officer SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. Name of Owner: Folkins Estates Inc. Location: Old Lake Trail PID: 00312587 and 55088058 Municipal Plan: Open Space Zoning: "R -2" One and Two Family Residential Proposal: To vest a 4,800 square metre (51,670 square feet) lot as Land for Public Purposes (L.P.P.) in exchange for an existing Land for Public Purposes dedication of 2,295 square metres (24,704 square feet). Type of Application: Subdivision to allow the creation of a lot on an access other than a public street and variance to reduce the minimum required width of a lot from 30 metres (100 feet) to 24 metres (80 feet). Folkins Estates Inc. Page 2 Old Lake Trail June 22, 2007 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. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. The Subdivision By -law authorizes the Planning Advisory Committee to approve accesses other than public streets as a means of access to lots, blocks and other parcels of land. STAFF RECOMMENDATION TO COMMITTEE: 1) That Common Council amend its resolution of June 9, 2003 to authorize the release of the existing Land for Public Purposes dedication of 2,295 square metres (24,704 square feet) identified as Lots 03 -37 and 03 -39 when the proposed Land for Public Purposes of 7,430 square metres (79,978 square feet) is vested to the City, in one or more phases, with an appropriate right -of -way agreement instead of requiring that public road access be provided. 2) That the Planning Advisory Committee approve the creation of the proposed Land for Public Purposes lot on an access other than a public street. 3) That the Planning Advisory Committee grant a variance to reduce the minimum required lot width from 30 metres (100 feet) to approximately 24 metres (80 feet) for the proposed Land for Public Purposes lot, as generally illustrated on the attached tentative subdivision plan. 4) That the Planning Advisory Committee approve the proposed street name of "Rowatan Way" to replace the previously approved "Nature's Way ". BACKGROUND: In 1993 the Committee and Council favourably considered an application by Thomas Construction Limited and Paul Folkins to subdivide a large area of land situated at 1429 -1433 Loch Lomond Road. This subdivision application involved the creation of approximately thirty - three (33) serviced residential lots with two new public streets and an extension to Norman Drive. The subdivision also entailed the creation of residential lots along a waterbody, Blackall Lake, and in such instances the Subdivision By -law requires either a public street or Land for Public Folkins Estates Inc. Old Lake Trail Page 3 June 22, 2007 Purposes to be provided along its shore. To satisfy this provision, a Land for Public Purposes dedication was proposed along the western shore of Blackall Lake. It was anticipated that the subdivision would proceed in several phases and because the L.P.P. dedication was not accessible via a public street, Council assented to the required Land for Public Purposes dedication in the form of one or more of the proposed lots to be held in trust. The lot(s) held in trust would later be exchanged for more suitable recreational lands on Blackall Lake as the subdivision developed. Phases 1 and 2 of the subdivision were approved in 1999 and 2000, respectively. Approximately fifteen (15) new lots were created along a short extension of Norman Drive and a new cul -de -sac street (Lakefield Court). Lots on the Thomas Construction Ltd. property were not developed. In 2003, the Committee and Council favourably considered an application by Folkins Estates Inc. for a continuation of their subdivision, consisting of new public streets (Old Lake Trail, Nature's Way, and Blackall Court) with approximately forty (40) serviced residential lots. The following Land for Public Purposes was accepted, which allowed the release of the lots held in trust from the first two phases in addition to satisfying the L.P.P. requirement for the new phase: a) two Land for Public Purpose dedications of 700 square metres (7,535 square feet) and 330 square metres (3,552 square feet) in the vicinity of proposed Lot 03 -32; and b) a Land for Public Purpose dedication of 2,310 square metres (24,865 square feet) identified as Lots 03 -37 & 03 -39, which was to be later exchanged under the authority of Section 57 of the Community Act for a larger L.P.P. dedication of 7,430 square metres (79,978 square feet) in the vicinity of proposed Lot 03 -69 when public road access is provided. Also in 2003, Common Council rezoned the area of the expanded subdivision at the request of the developer from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. The first twelve (12) lots were developed and registered in 2004 and the developer is currently preparing for the next phase of the development. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has been advised of the application. Building and Technical Services has indicated that they have no issues with the proposal. Saint John Energy has been forwarded a copy of the application. Folkins Estates Inc. Old Lake Trail Page 4 June 22, 2007 Aliant Telecom has no issues with the proposed subdivision and variance. Maritimes & Northeast Pipeline indicate that this area is all "clear" and that the proposal is not near any Maritimes and Northeast Pipeline facilities. Leisure Services has indicated that they do not have concerns with the proposal. GIS Division advise that the proposed street name of "Rowatan Way" is sufficiently different in sound and spelling from existing street names and is acceptable. ANALYSIS: Subject Site and Neighbourhood The subject site is a large vacant property situated at the end of Old Lake Trail in the Lakewood Heights area and is bordered on its eastern side by Blackall Lake. The subdivision is located between the recently developed Bon Accord and Lakewood Heights Subdivisions. The area surrounding the site is comprised primarily of single- and two - family dwellings although there are some larger multi -unit buildings in the general area (on Inverness Place). Land for Public Purposes Dedication The applicant is preparing for the next phase of the subdivision and is requesting the release of the lots being held in trust from Phase 3. These lots would be released in favour of the L.P.P. dedication already assented to by Council in 2003. As with the previous phase, the proposed portion of L.P.P. would not be accessible from a public street. The developer is instead proposing to grant the City a right -of -way as an interim measure until such time as a public street is constructed. When Council assented to the L.P.P. in question, it stipulated that public road access must be provided. Because this is not the case, the lands can only be exchanged if Council amends its original resolution to accept the new L.P.P. with an appropriate right -of -way agreement. The proposed amendment to the resolution is only a change in timing which will allow for the construction of two new homes in the existing developed subdivision at the same time as the servicing and street work is completed in the new portion of the development. The existing public street is now much closer (approximately 220 metres) to the L.P.P. designation and work on the subsequent phase is proceeding. Therefore, acceptance of the lot on a private right -of -way can be supported. Folkins Estates Inc. Page 5 Old Lake Trail June 22, 2007 The portion of L.P.P'. being proposed exceeds the minimum requirements for all of the previous phases of the subdivision, as well as the next phase along the new cul -de -sac. Given that the lot in question corresponds to the L.P.P. already assented to by Council and the right -of -way access is an interim measure until the public street can be constructed, the location of the L.P.P. can be recommended. Creation of a Lot Not Fronting on a Public Street As mentioned previously, the lot to be vested with the City would only have access via a right -of- way. This right -of -way would not give the public the right to use the access which, at first glance, may seem problematic as the lot would be Land for Public Purposes. However, as mentioned earlier, the right -of -way would only be an interim measure until such time as the public street is constructed. The previous phases of the subdivision have developed relatively quickly and it is anticipated that the remaining phases will also be completed in the short term. Consequently, the creation of the proposed lot on an access other than a public street can be supported. Variance The Zoning By -law requires that all lots in an "R -2" One and Two Family Residential zone not being used for a one- or two - family dwelling have a minimum lot width of 30 metres (100 feet). The proposed width of the L.P.P. dedication is only 24 metres (80 feet). However, the lot is essentially a flag- shaped lot and the bulk of the property exceeds the minimum width requirement. The front portion of the lot requiring the variance functions as the entranceway to the property and it is not likely to be used for other than access purposes. If this is not the case, the 24 metre - width is larger than that required for either a typical public street (20 metres) or a building lot (also 18 metres). Given the above observations and the unique nature of Land for Public Purposes (i.e., it is not intended for development beyond recreational purposes), approval of the variance can be supported. Street name When Phase 3 of the subdivision was being considered, the Committee approved the street name of "Nature's Way" for the cul -de -sac shown on the attached plan. The staff report submitted to the Committee at the time indicated that the proposed street name was reviewed by the appropriate agencies and determined to be sufficiently different in sound and spelling from other existing names in the community. It has since been discovered than there is an existing street named "Nature's Way" in Martinon. Although approval of the cul -de -sac is not part of this application, the developer has requested that the Committee give approval to a new street name of "Rowatan Way ". The City's GIS 1 The remaining portion of the 7.430 square metre (79,978 square feet) L.P.P. designation will be vested when the future phases of the subdivision are approved. Folkins Estates Inc. Old Lake Trail Page 6 June 22, 2007 Branch, which is responsible for civic addressing, has indicating that the proposed street name is acceptable. Its approval can therefore be supported by staff. CONCLUSION: The proposed subdivision would facilitate the next phase of the Folkins Estates Inc. Subdivision that began in 1993. Approval of the proposed amendments to the subdivision can be recommended, as outlined in the body of this report. The recommendation includes all the necessary approvals, including the release and exchange of Land for Public Purposes abutting the lake, which was approved as part of the larger subdivision. PF Project No. 07 -226 /' PLANNING AND DEVELOPMENTIURBANISME ET DtVELOPPEMENT lN0-3 8-3 Subject Site/site en question: PID(s)/NIP(s): 00312587 & Location: sentier Old Lake Trail (Lotissement Folkins Estates Inc. Subdivision) Date: June / juin 13, 2007 RS- % AIL y r r :r f� �t. . . . . . . . .. . . . .. . . . pir L CV4 C- � 1.5 It F. , t n 31 to it 0 • CL rr * : : : : Z; Its 00 M F r fill its 1 Michael McGovern 1 51 Alvic Place Saint John, NB E2M 5E9 June 26, 2007 Mayor Norman McFarlane Members of the Saint John Common Council City of Saint John City Hall P.O. Box 1971, Saint John, NB E2L 4L1 Your Worship and Councillors: RE: Request to Present to Council I am a member of and represent a citizen's committee of some of the residents of several west side neighbourhoods who have organized to oppose the creation and operation of a motocross track in our neighbourhood. Our group has held a public meeting which was attended by several senior city staff. Mayor McFarlane and Councillor Farren also attended this meeting. A core group of citizens from that larger community meeting has continued to meet and organize. On June 21, 2007 several members of this core group met again with senior city officials to discuss the problem and propose solutions. As most of you are aware of the concerns that we have I will not submit them in detail. In summary, several months ago Mr. Al Williams, who owns Al's Ultra Car at 2086 Ocean Westway, began construction of a motocross track on a parcel of land he owns behind his car dealership without consulting with his neighbours. This motocross track is now in operation with motorcycles operating on it on most evenings and every weekend. Mr. Williams currently denies that his operation is commercial, and insists that the track is only open to friends and invited guests. Regardless of the nature of the track, many of the residents of the area have significant concerns that the track is operating. The primary concerns that residents have are intolerable noise levels which prevent the quiet enjoyment of the neighbourhood, public safety and dust. The residents have also expressed concerns over possible diminished property values since the operation of the motocross track seriously undermines the enjoyment of properties in that area. The most acutely impacted residents are those in Monte Cristo park and people living across the street from Al's Ultra Car on Ocean Westway. The residents at the lower end of Monte Cristo are between 300 and 400 metres from the motocross track and face significant noise from the track. Some of the residents have a clear line of sight to the track, which only serves to increase the noise level. The residents on Ocean Westway are less than 200 metres from the track which means that they also face significant nuisance noise levels, and given their proximity to the track they also face the safety issue of unlicensed dirt bikes using Ocean We3tway to access the motocross track. Some residents also report that the dirt bike drivers cross over private yards to get to the track. In addition to this, cars back up and down the entrance to and exit from Route 7. Cars have parked along those routes until recently when the province put up `No Parking' signs and the city police have enforced this. Should our group be granted permission to make a presentation to council we will raise the following concerns: 1) Zoning — The area of land behind Al's Ultra Car is zoned as rural which, under section 720 of the Zoning By -law, may be used for the purposes of one or two- family dwellings, schools, parks, etc. The by -law allows for other types of uses with permission from the Planning Advisory Committee, but specifically prohibits — even with permission — cycle tracks. The citizens will request that Council direct strict enforcement of the zoning by -law. Mr. Williams has stated on several occasions that while he intends to operate his motocross track as a commercial operation in the future he is not doing so now. Mr. Williams claims that his track is for private use only. In our opinion, the current zoning by -law does not differentiate between a private motocross track and a commercial motocross track. The current zoning by -law prohibits all motocross (cycle) tracks. If this interpretation is not supported and it is found that a private motocross track is a permitted use, our group submits that private use must be intended as being family use only with occasional use by close friends. Mr. Williams' current "private" use cannot be considered private with up to 16 riders 3 to 5 times per week. Regardless of private versus commercial use, our group remains opposed to any use of this land as a motocross track because of the intolerable noise levels. The motocross track is in operation several nights per week and every weekend. The citizens are of the opinion that Mr. Williams is in violation of the spirit of the zoning by -law, if not the letter of that law and will ask Council to seek advice and act accordingly on this issue. Finally regarding zoning, Mr. Williams attended before Council on December 5, 2003 to seek a zoning amendment. That amendment was granted which would allow for further development of the existing commercial property and would develop access for a proposed garden center. Among the conditions that council imposed at that time, to which Mr. Williams must have agreed, was that access to the back lot not be developed for the benefit of the commercial venture until such time that a development proposal has been approved by Common Council. It appears to our group that since Mr. Williams has developed access to the back lot in such a way that benefits his commercial operation that he is in breach of the conditions that Council imposed in 2003. The citizens will ask that Council investigate this and rectify it by requiring Mr. Williams to cease and desist his motocross operation until such time as he seeks Council's approval, regardless of the commercial or private nature of the track. 2) Noise — The noise by -law as amended by Council in 2005 did not foresee a motocross track (public or private) being built in a residential neighbourhood. As such, the noise by -law is of little use in assisting residents facing nuisance noise from dirt bikes. The Saint John noise by -law lists prohibited noises and times for prohibition, thereby narrowing the scope of the law. In other municipalities, Fredericton for example, the makes a broad, over- arching statement that loud and nuisance noises are not permitted, and then gives non - limiting examples with qualifiers to allow for necessary noises. The citizens will ask Council to consider amending the noise by -law to better capture this current problem. 3) Safety Issues — As noted above, residents of these west side neighbourhoods, especially, but not limited to those persons living on Ocean Westway, have legitimate concerns regarding unlicenced off -road motorcycles being operated on public roads. As there is an abandoned rail bed to the south of the houses across the street from Al's Ultra Car, many residents face dirt bikes using that rail bed and then crossing up over private lawns to access the motocross track. Finally, those persons who do trailer in their motorcycles frequently use the on and off ramps at Route 7 to load and unload their bikes, and for parking as well. These claims can and will be supported by photographic evidence and can be supported by affidavit evidence if required. These claims are also supported by substantial numbers of call to the police non - emergency number over the past six weeks. The city police have been supportive of resident's concerns and Chief Allen Bodechon has stated to our group that the police will continue to give a high level of support within operational limits. The citizens will ask that Council express their support for the Chief s initiatives. .. d Further to the safety issue, the motocross track as it is currently operating has created an inducement to many neighbourhood children. Neighbourhood residents have photographs of children standing beside the track as dirt bikes drive by mere feet from them. 4) Vision — The Council has set out a vision for future development and growth in the City. The Future Land Use Plan for the area, presumably developed and approved by Council, envisions the area in our community as being a low- density residential area. Given that most of the development in this area for the past decade has been low- density residential housing, Council's plan for this area makes sense. Two decades ago this area was mixed use, with more commercial operations than exist today. The area has since moved away from mixed use to almost exclusively low- density residential. A motocross track in a residential area, whether it is commercial or private, is out of character for the neighbourhood and will impede future low - density residential housing growth in this area. People will surely not build new homes in a neighbourhood with a motocross track that creates nuisance noise and safety hazards. The citizens will ask Council to affirm their Vision 2015 plan and explain how the motocross track plays a role in that plan. There are two final points of note: the citizens opposed to the motocross track are not generally opposed the sport. Many, if not most of the concerned citizens feel that this could be an interesting development in our city that could tap into a growing market. The concern that we have is that the current location is the wrong location. The current location is certainly the wrong location for a commercial motocross track, but it is important that Council note that the current location is wrong for a private motocross track too. Our group is of the opinion that this kind of development is out of character for any residential area. Finally, our group understands that Council is busy with the operation of our city and that there are many worthy groups who seek to make presentations at your meetings. There are, however, approximately 700 homes within a two kilometre radius of the motocross track and with the track in regular operation it is an acute nuisance for many people. We respectfully ask that you allow us to make a presentation in a timely manner. If Council can act on any of these issues without a presentation being made, our group would be grateful for your assistance. Thank you for your attention to this matter and I look forward to your reply. Sincerely, Michael McGovern 85 Princess St, Saint John, N.B. Canada E2L 1K5 Common Clerk BY Hand Re Princess Street Improvements PHONE 800 -561 -9444 F AX (506)658 -1201 June 28, 2007 Enclosed please find 12 copies of a letter to Mayor and council re Princess Street Improvements for inclusion in the next council package. I would be prepared to attend to discus if possible. Thank you, David Y, 1 Alp EST , t8 85 Princess St, Saint John, N.B. Canada E2L, l K5 Mayor Norm McFarlane And Common Council City Hall By Hand RE PRINCESS STREET UPTOWN IMPROVEMENTS PHONE 800 - 561 -9444 F AX 888-658-1201 June 28, 2007 Dear Mayor McFarlane; We are happy there has been an announcement on intention to complete capital improvements on Princess Street in the Uptown. We are advised the city staff are making a recommendation to proceed with the Princess Street improvements on a phased program over 3 years commencing 2008 starting at Prince William street and proceeding east, resulting in improvements to the block from Germain to Charlotte street waiting until 2009. This letter will recommend completing work our block from Germain to Charlotte street during 2008. I have been advised by the engineering department there is no necessity work must start on the western portion first. This letter will demonstrate that if there must be a phasing of work over 3 years then our block must come first. We have obtained assessment information from Mapping department at City Hall with the following results . It should be noted these values include all buildings in the blocks in question whether or not their civic address is on Princess Street . DESCRIPTION ASSESSED VALUE BLOCK FROM SYDNEY TO CHARLOTTE STREET 1.8 Million BLOCK FROM CHARLOTTE TO GERMAIN STREET 3 1 Million BLOCKS FROM GERMAIN STREET TO PRINCE WILLIAM ST 2 .0 Million If all other things are equal these results recommend commencing work on the portion of the street between Charlotte and Germain Street as this portion has a much greater tax assessment value than any other portion. We then obtained occupancy data by inquiry and observation with the following results; These results are by reviewing the civic addresses on Princess Steet, (excluding those buildings which do not have entrances on Princess Street.) DESCRIPTION Commercial Apartment Premises Dwellings TOTAL. BLOCK FROM SYDNEY TO CHARLOTTE 3 29 32 BLOCK FROM CHARLOTTE TO GERMAIN 20 50 70 BLOCKS FROM GERMAIN TO PRINCE WILLIAM These results very clearly recommend commencing the work on the portion of the street from Charlotte street to Germain street as the work completed would benefit far more residents and businesses than either of the other two portions. To further support our recommendation it should be noted there are two major renovations currently underway on our block. One of these, at 81 -83 Princess street has experienced significant difficulties in restoring services after a complete interior renovation due to deteriorated water and sewage service to the property. This will also highlight the problem recently on the street due to water line breakage at 109 Princess street resulting in a street closure Monday June 11 th during which the water line service was restored to the property. SUMMARY If City Finances require long overdue improvements on Princess street be phased in; We believe the 70 residents/businesses compared to 5 from Germain to Prince William recommend that improvements to Princess Street between Germain Street and Sydney must be completed first in any phased reconstruction program. Please do not hesitate to contact me regarding this letter. We hope this results in a recommendation to City staff to commence work on our block in 2008. Respectfully submitted; David Hayward Controller Christopher Lane L.aa�ti cif L7irec.tcsrs Euan Strachan, President Carey Ryan, Vice - President Paul ausbn, Vice President Marilyn Williams, Treasurer Dr. Susan Sanderson, Secretary Dianne Scott, Office Manager Dr. Gordon Chapman Dr. Thomas Gaud Dr. Kathryn Hamer Peter Hyslop Ann Jamieson Matt Letson Martha MacLean Matthew McKim Cheryl M. G. Robertson Wendy Sentner Gervais Warren Christianne Vachon Horgan ! ;aEerr)"Itronal dvi'4orY Ckx'v";il Wendy Nielsen, Chair Sally Brayley Bliss Van Burdon George Fry Michael Gormley Dr.Ludmila Kneskova- Hussey Rosemarie Landry, C.M. Dr, S. Timothy Maloney Hon. Margaret Nome McCain, 0. G. Mary Lee McKenna Rev. D. Erik Oland, S.J. Lisa Roy Dr. Peter Simon Pierre Vachon Fawn Wilson White Marsha Zed f , S f+ NEW UNSWICK June 28, 2007 Mayor Norm MacFarlane and Councillors c/o Common Clerk's Office City Hall PO Box 1971 Saint John, NB E2L 41-1 Your Worship and Councillors: Imagine an aria without a voice, an orchestra without a conductor, a lavish set without lights. All are important parts of creating an opera, but all are impossible without your financial support. During the past twelve years, Opera New Brunswick has been bringing high quality operatic productions to the people of New Brunswick through fully staged operas and concerts. Following our highly acclaimed production of Puccini's Tosca in 2005, we are striving to maintain our world class standard as we prepare to present Verdi's grand opera La Trawita in September 2007. The existence of professional artistic organizations such as Opera New Brunswick assists businesses and learning institutions in attracting quality personnel with advanced degrees and top management skills. Moreover, Opera New Brunswick contributes immeasurably to the quality of life of our region and is a factor in evaluation of our city and province as a potential relocation site for the corporate community. We are requesting sponsorship for this year's production of La Tiaviata in the amount of 530,000. As you will see in the attachment, this production of La Traviata is at a nationally recognized artistic level and involves significant expenditures as outlined in the budget. As a leader in the New Brunswick artistic community, Opera New Brunswick is committed to serving the province, and in particular the greater Saint John area, through innovative musical programming, education programs, outreach projects, and new artistic endeavors. Opera New Brunswick provides a variety of important services to our community: • It assures that a pool of highly - skilled musicians continues to be available to provide quality, professional -level musical education throughout the city • Through our special Student Dress Rehearsals, Opera New Brunswick has been instrumental in introducing children to enjoyable, educational musical experiences • It is committed to the development and promotion of young, emerging New Brunswick singers through our Master Class opportunities and casting of these emerging artists in our various productions • It is committed to the inclusion of local singers, actors and volunteers with 90% of our programming taking place in the Greater Saint John area PO Box 6671, Saint John, NB E2L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb@nbnet.nb.ca �xr.:. ,rtrv.: . rrec:rrr Christopher Lane ?0d)(d of "irere;�ps Euan Strachan, President Carey Ryan, Vice- President Paul Bustin, Vice President Marilyn Williams, Treasurer Or Susan Sanderson, Secretary Dianne Scott, Office Manager Dr. Gordon Chapman Dr. Thomas Goud Or, Kathryn Hamer Peter Hyslop Ann Jamieson Matt Letson Martha MacLean Matthew McKim Cheryl M. G. Robertson Wendy Sentner Gervais Warren Christianne Vachon Horgan Wendy Nielsen, Chair Sally Brayley Bliss Van Burdon George Fry Michael Gormley Or Ludmila Kneskova- Hussey Rosemarie Landry, C.M. Or S. Timothy Maloney Hon. Margaret Norrie McCain, O. C. Mary Lee McKenna Rev. D. Erik Oland, S.J. Lisa Roy Dr. Peter Simon Pierre Vachon Fawn Wilson White Marsha Zed Your support of Opera New Brunswick: c EYE, • Enables us to maintain the recognition that a Saint John based enterprise has made on the national artistic map • Enriches the community and the individuals who reside in it through innovative and interactive experiences with the arts • Allows for flourishing education programs for thousands of children • Identifies you as a leading municipality in the recognition of the role of arts and culture within the community • Will ensure that we are able to present live opera for years to come The great soprano Maria Callas once said "An opera begins long before the curtain goes up and ends long after it has come down. It starts in my imagination, it becomes my life, and it stays part of my life long after I've left the opera house." Opera New Brunswick depends on the support of all levels of government to ensure that we are able to continue presenting nationally recognized performances that reach beyond the imagination. Your support is critical to sustaining and enhancing Opera New Brunswick's high musical standards, outreach programs and audience development objectives. Join us today and continue to make Opera New Brunswick a part of the cultural excellence that makes Saint John a Creative City. Should you require further insight in order to make a decision, we would welcome the opportunity to make a presentation to you or your staff as appropriate_ Thank you for taking time to consider your support of Opera New Brunswick. Sincerely, Christopher Lane Executive Director Euan S. Strachan President, Board of Directors Attachments 1. La Traviata Information a. Synopsis b. Cast & Production Team Listing 2. 2007 Budget PO Box 6671, Saint John, NB E2L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb @nbnet.nb.ca Attachment #1 A SWICK LA TRAVIATA -SYNOPSIS Act I - Paris, in mid -18th century. There is a great party in the house of Violetta Valery, a well -known prostitute: this is how she stifles the anguish that torments her, since she knows that her health is gravely undermined_ A nobleman, Gastone, introduces to her his friend Alfredo, who sincerely admires her. The interest Violetta shows for the new acquaintance does not escape the attention of Duphol, her current lover. While Violetta and Alfredo dance, he declares his love for her and Violetta gives him a flower, a camellia: she will see Alfredo again when the flower has withered. The festivities concluded, Violetta has to admit that for the first time, she has truly fallen in love. Act II Alfredo and Violetta have abandoned the city and are living happily together in a villa in the country. But when he learns from the servant -girl Annina that Violetta is selling her jewels because they have no more money, he rushes off to Paris to find some. Violetta's friend Flora invites her to a party, but she does not want to go and, staying at home, unexpectedly receives a visit from Alfredo's father Giorgio Germont. He accuses her of dragging his son into misery, but Violetta denies this, showing him that it is she who is selling her precious jewels and affirms that she has never asked Alfredo for anything. Giorgio seems convinced, but remains firm in his intent to separate Alfredo and Violetta. Their relationship is considered scandalous and as long as it continues, the other daughter cannot be married. Violetta must choose, and does what she believes to be the best for her beloved. She abandons him, but he becomes blinded by jealousy. Violetta goes to a party once more accompanied by Duphol, who wants to challenge Alfredo to a duel. Violetta implores Alfredo to leave the house; he will go only if she goes with him. She reveals to him that she has sworn not to see him and lets him think this oath was made to Duphol, in order not to have to tell him of the encounter with his father about Alfredo's sister. Alfredo is indignant and treats her like a prostitute. Giorgio arrives and rebukes him for his behaviour, but does not tell him the whole truth. Act III The illness undermining Violetta's health has worsened considerably. The woman is confined to her bed, too weak to rise. A letter from Germont arrives: finally, he has decided to explain everything to his son. Alfredo is touched with pity and is on his way. Violetta is incredibly happy, but, for her, there is no more time; she fears she will not last until his arrival_ But at last, there he is, at her side. His father has also come, profoundly regretting his conduct. Tuberculosis kills Violetta before their eyes, in an atmosphere of extreme sorrow, softened only by the delicacy and purity of their emotions. PO Box 6671, Saint John, NB E21L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb @nbnet.nb.ca SWICK La Traviata - Cast Listing Violetta Valery Sally Dibblee Alfredo Germont Marc Hervieux Giorgio Germont John Avey Annina Marcia Swanston Gastone Cian Horrobin Baron Douphol Paul Bustin Marquis d'Obigny Thomas Goud Dr. Grenvil Paul Bustin Giuseppe Josh Britten Flora TBC Flora's Servant TBC The Messenger TBC Attachment #1 B Fredericton, NB Montreal, QC Montreal, QC Halifax, NS Saint John, NB Saint John, NB Saint John, NB Saint John, NB Saint John, NB Chorus Lauren Andrew, Melanie Beckett, Joshua Britten, Allie Casey, Elizabeth Cormier, Brenda Craig Brooks, Angelina Davey, Lauren Estey, David Farren, Colleen Foster, Patricia Gallagher, June Garnett, Tom Goud, Heather Harker, Allison Hughes, Gary Hyslop, Victor Kindred, Pavel Koulaev, Kate LaFrance, Holly Langford, Kevin Langford, Matt Letson, Owen MacCausland, Alan MacDonald, Graeme MacKay, Maxine MacMillan, Mark McGillivray, Laura McLean, Rosanna Murphy, Theresa Nichols, Theresa Patterson, Jaemi Rost, Gisele Roy, Dave Shoots, Maureen Stackhouse, Jim Warfield, Marilyn Williams, Jennie Wood La Traviata- Production Team Director Tom Diamond Toronto, ON Conductor Giuseppe Pietraroia Victoria, BC Chorus Master Spencer Belyea Saint John, NB Executive Director Christopher Lane Saint John, NB Production Director Dean Roberts Saint John, NS PO Box 6671, Saint John, NB E2L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb @nbnet.nb.ca u UNSWICK 2007 OPERATING BUDGET Revenue Ticket Sales Corporate Donations/Sponsorships Donations (Individuals /foundations /trusts,etc) Federal Grants (Canada Council for the Arts) Provincial Grants Municipal Grants Other (in -kind donations) Other (HST rebate - La Traviata) Other - program advertising Equity Rebate HST Rebate (2005 /2006) TOTAL La Traviata office/ Operations Performing artists' fees Orchestra Creative artists' fees Other artistic expenses Production manager Costumes and sets Technical personnel Supertitles Hall rental Other expenses - rehearsal Advertising, publicity and promotion Program Miscellaneous Expenses TOTAL LA TRAVIATA Payroll Office Liability insurance for board Banking fees NB Festival Scholarship Subscriptions Professional Development Accounting /Audit Fees Storage of costumes Miscellaneous Website hosting TOTAL OFFICE /OPERATIONS TOTAL EXPENSES Budget $95,000.00 $35,000.00 $35,000.00 $16,500.00 $40,000.00 $35,000.00 $15,500.00 $6,000.00 $6,000.00 $30,000.00 $17,000.00 $331,000.00 Budget $53,750.00 $30,000.00 $48,600.00 $14,350.00 $15,000.00 $38,000.00 $7,200.00 $5,500.00 $25,000.00 $5,000.00 $15,500.00 $4,500.00 $5,000.00 $267,400.00 Budget $39,337.97 $10,332.82 $3,525.96 $368.07 $1,300.00 $546.00 $1,389.22 $2,278.58 $1,026.00 $221.91 $2,086.86 $62,413.39 $329,813.39 Attachment #2 PO Box 6671, Saint John, NB E2L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb @nbnet.nb.ca