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2007-11-19_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, November 19, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom 1.1 Request of East Point Inc.to Present to Council 1.2 Legal Opinion 10.2(4)(f)(Forwarded from November 5, 2007) Regular Meeting 1. Call to Order — Prayer 5:45 p.m. 2. Approval of Minutes 2.1 Nov 2, 2007 Minutes 2.2 Nov 5 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Dr Stephenson - Stop Sign on Ragged Point Rd (Recommendation: Refer to City Manager) 5.2 Dr. Stephenson - Deer on Ragged Point Rd (Recommendation: Refer to City Manager) 5.3 Yvonne LeBlanc - Tax Payer concerns (Recommendation: Receive for Information) 5.4 Emera Brunswick Pipeline Co. Ltd. Letter of Agreement: Abandonment (Recommendation in Report) 5.5 Contract No. 2007 -43: Park St Pump Station Emergency Power Upgrade (Recommendation in Report) 5.6 City Market Collector Tins (Recommendation in Report) 5.7 Drinking Water Quality Disinfection By- Products November Update (Recommendation in Report) 5.8 Granting of Licence 76 Union St (Recommendation in Report) 5.9 Sale of City Land 149 Germain St West (Recommendation in Report) 5.10 Tender for Sand, Gravel & Aggregrates (Recommendation in Report) 5.11 Lily Lake Pavilion Drainage Controls (Recommendation in Report) 5.12 Tender for Supply of Computers (Recommendation in Report) 5.13 Agreement Communications Services AHSC (Recommendation in Report) 5.14 Early Access Agreement (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 National Addictions Awareness Week 7.2 Diabetes Awareness Month and Day 8. Delegations / Presentations 9. Public Hearings 7:00 p.m. 9.1 Proposed Amendment to the Business Improvement Area By -law 9.1(b) Letter in oppostion to BIA expansion 9.2 Proposed Street Closing By -law Amendment Emco Lane 9.3(a) Withdrawal of Application for Section 39 Amendment 120 McDonald St. 9.3(b) Planning Advisory Committee 120 McDonald St Proposed Section 39 Amendment 10. Consideration of By -laws 10.1 Public Presentation Proposed Municipal Plan Amendment 99 Burpee Ave 10.2(a) Third Reading Proposed Zoning By -law Amendment 681 -683 Chapel St 10.2(b) Section 39 Conditions 681 -683 Chapel St 10.3 Third Reading Proposed Zoning By -law Amendment 256 Wyatt Cres 10.4 Third Reading Proposed Traffic By -law Amendment Red Head Rd 10.5(a) Third Reading Proposed Zoning By -law Amendment 282 Douglas Ave 10.5(b) Section 39 Conditions 282 Douglas Ave 10.5(c) Planning Advisory Committee Section 39 Conditions 11. Submissions by Council Members 11.1 Public Consultation Process (Deputy Mayor Hooton) 11.2 Jake Brakes (Deputy Mayor Hooton) 11.3 Affordable Housing Development Forum (Councillor McGuire) 11.4 Grant Funding Applications (Councillor Chase) 11.5 Tree Activity Course (Councillor Court) 11.6 CNBA Annual Meeting Update (Councillor Court) 11.7 Resignation from Saint John Development Corp. (Councillor Tait) 11.8 Traffic Lights at East Point Development (Councillor Court) 11.9 Report on West Side Property (Councillor Farren) 11.10 Special Events Position (Councillor Farren) 11.11 Crescent Valley Neighbourhood Improvement (Councillor McGuire) 11.12 Recent Newspaper Articles (Councillor Court) 11.13 Municipal Projects Policy (Deputy Mayor Hooton) 11. 14 Fire Fighters' Training Center Feasibility Study (Councillor Chang) 11.15 Cease Spending on North of Union St (Deputy Mayor Hooton) 11. 16 Pension Chronology (Councillor Chase) 12. Business Matters - Municipal Officers 12.1 2008 Council Meeting Schedule 12.2 Rothesay Ave Broadway Ave Intersection 12.3 Saint John West BIA 13. Committee Reports 13.1 Planning Advisory Committee Recommending Subdivision 256 Wyatt Cres 13.2 Planning Advisory Committee Recommending Assent to Subdivision 15 19 21 Clayton Lane 13.3 Planning Advisory Committee Recommending Public Utility Easement 5 to 15 Milford Rd 13.4 Planning Advisory Committee Recommending Assent 242 Duke Street West Subdivision 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Letter from CUPE to Present to Council 16. Adjournment City of Saint John Seance du conseil communal Le lundi 19 novembre 2007 Comit6 pl6nier 1. Ouverture de la seance 17 h Salle de conference du 8e etage 1.1 Demande de East Point Inc. en vue de faire une presentation devant le conseil 1.2 Avis juridique — alin6a 10.2(4)f (point report6 de la r6union du 5 novembre 2007) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17h45 2. Approbation du proces- verbal 2.1 Proc6s- verbal du 2 novembre 2007 2.2 Proces- verbal du 5 novembre 2007 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Dr Stephenson — Panneau d'arr6t sur le chemin Ragged Point (recommandation : transmettre au directeur g6n6ral) 5.2 Dr Stephenson — Chevreuils sur le chemin Ragged Point (recommandation transmettre au directeur g6n6ral) 5.3 Yvonne LeBlanc — pr6occupations dune contribuable (recommandation accepter a titre informatif 5.4 Lettre d'entente de Emera Brunswick Pipeline Co. Ltd.: abandon (recommandation figurant au rapport) 5.5 Contrat ri 2007 -43 relatif a la modernisation de 1'alimentation 6lectrique de la station de pompage situ6e sur la rue Park (recommandation figurant au rapport) 5.6 Boftiers en m6tal pour collectionneurs au march6 municipal (recommandation figurant au rapport) 5.7 Qualit6 de 1'eau potable — Sous - produits de d6sinfection — Mise a jour de novembre (recommandation figurant au rapport) 5.8 Octroi dun permis relatif au 76, rue Union (recommandation figurant au rapport) 5.9 Vente dun bien -fonds municipal situ6 au 149, rue Germain Ouest (recommandation figurant au rapport) 5.10 Soumission relative a l'approvisionnement de sable, de gravier et de granulats (recommandation figurant au rapport) 5.11 Regulation du drainage du pavillon du lac Lily Lake Pavilion (recommandation figurant au rapport) 5.12 Soumission relative a la fourniture d'ordinateurs ( recommandation figurant au rapport) 5.13 Entente relative aux services de communications de la CSSA (recommandation figurant au rapport) 5.14 Entente relative a 1'acc6s anticip6 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine nationale de sensibilisation aux toxicomanies 7.2 Journ6e et mois de sensibilisation au diab&te 8. Delegations et presentations 9. Audiences publiques 19h 9.1 Projet de modification de 1'arr6t6 relatif a la zone d'am6lioration des affaires 9. lb) Lettre d6pos6e contre 1'61argissement de la zone d'am6lioration des affaires 9.2 Projet de modification de 1'arr&6 sur la fermeture de routes visant 1'all6e Emco 9.3a) Retrait de la demande de modification des conditions impos6es par Particle 39 visant le 120, rue McDonald 9.3b) Comit6 consultatif d'urbanisme relativement a la modification propos6e des conditions impos6es par Particle 39 visant le 120, rue McDonald 10. Etude des arretes municipaux 10.1 Pr6sentation publique relative a la modification propose du plan municipal visant le 99, avenue Burpee 10.2a) Troisieme lecture du projet de modification de 1'arr6t6 sur le zonage visant le 681 -683, rue Chapel 10.2b) Conditions impos6es par Particle 39 visant le 681 -683, rue Chapel 10.3 Troisieme lecture du projet de modification de 1'arr6t6 sur le zonage visant le 256, croissant Wyatt 10.4 Troisieme lecture du projet de modification de 1'arret6 relatif a la circulation visant le chemin Red Head 10.5a) Troisieme lecture de la modification de 1'arret6 sur le zonage visant le 282, avenue Douglas 10.5b) Conditions impos6es par Particle 39 visant le 282, avenue Douglas 10.5c) Conditions impos6es par Particle 39 visant le 282, avenue Douglas 11. Intervention des membres du conseil 11.1 Processus de consultation publique (mairesse suppl6ante Hooton) 11.2 Freins Jacobs (mairesse suppl6ante Hooton) 11.3 Tribune concernant des logements abordables (conseiller McGuire) 11.4 Pr6sentation de demandes de financement (conseiller Chase) 11.5 Activit6 relative aux arbres (conseiller Court) 11.6 Mise a jour de la r6union annuelle de 1'ACNB (conseiller Court) 11.7 136mission de la Saint John Development Corp. (conseiller Tait) 11.8 Feux de circulation du projet d'am6nagement East Point (conseiller Court) 11.9 Rapport sur la propri6t& du quartier West Side (conseiller Farren) 11.10 Emplacement des 6v&nements sp6ciaux (conseiller Farren) 11.11 Am6lioration du quartier Crescent Valley (conseiller McGuire) 11.12 Articles parus r6cemment dans les joumaux (conseiller Court) 11.13 Politique sur les projets municipaux (mairesse suppl6ante Hooton) 11. 14 Etude de faisabilite d'un centre de formation pour les pompiers (conseiller Chang) 11.15 Cessation des d6penses affectees au nord de la rue Union (mairesse suppleante Hooton) 11.16 Chronologie des retraites (conseiller Chase) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Calendrier 2008 des r6unions du conseil 12.2 Intersection de 1'avenue Rothesay et de 1'avenue Broadway 12.3 Zone d'amelioration des affaires de Saint John Ouest 13. Rapports d6pos6s par les comit6s 13.1 Comite consultatif d'urbanisme recommandant le projet de lotissement situ6 au 256, croissant Wyatt 13.2 Comite consultatif d'urbanisme recommandant que soft approuv6 le lotissement au 15, 19 et 21, allee Clayton 13.3 Comite consultatif d'urbanisme recommandant la servitude d'utilite publique aux 5 a 10, chemin Milford 13.4 Comite consultatif d'urbanisme recommandant que soft approuv6 le lotissement au 242, rue Duke Ouest 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Lettre reque de SCFP voulant se presenter devant le Conseil 16. Lev& de s6ance 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN Friday, November 2, 2007, 12:00 noon 8th Floor Boardroom, City Hall present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chase, Court, Farren, Ferguson, McGuire, and Tait - and - J. Nugent, City Solicitor; P. Woods, Deputy City Manager and Common Clerk and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Le vendredi 2 novembre 2007 a 12 h Salle de conference du 8e etage, hotel de ville Sont presents : Norman McFarlane, maire le maire suppleant Hooton et les conseillers Chase, Court, Farren, Ferguson, McGuire et Tait et J. Nugent, avocat municipal; P. Woods, greffier communal et directeur general adjoint; ainsi que E. Gormley, greffiere communale adjointe. 1. Call To Order — Prayer Mayor McFarlane called the meeting to order. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane. 2. Special Meeting - Litigation /Potential Litigation On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the meeting convene in Legal Session which will exclude the public, to deal with a litigation matter. Question being taken, the motion was carried. 2. Seance extraordinaire relative a une question litigieuse Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU qu'une seance juridique soit convoquee et que le public en soit exclus afin de traiter d'une affaire litigieuse. A ('issue du vote, la proposition est adoptee. Mayor /maire Assistant Common Clerk /greffiere communale 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — NOVEMBER 5, 2007 7:00 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; B. Cullinan, 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; W. Reid, Deputy Chief of Police; R. Simonds, Fire Chief, E. Gormley, Assistant Common Clerk and J. Ferrar, Administrative Assistant SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, LE 5 NOVEMBRE 2007 A 19 H 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; B. Cullinan, 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; W. Reid, chef de police adjoint; R. Simonds, chef du service d'incendie, ainsi que E. Gormley, greffiere communale adjointe et J. Ferrar, adjointe administrative. Call To Order — Prayer Mayor McFarlane called the meeting to order and Reverend Roger Reid of the Full Gospel Assembly offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane. Le reverend Roger Reid de la Full Gospel Assembly recite la priere d'ouverture. 2. Approval of Minutes 2.1 October 22, 2007 Common Council Minutes On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the minutes of the meeting of Common Council, held on October 22, 2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance du conseil communal tenue le 22 octobre 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que le proces- verbal de la seance du conseil communal tenue le 22 octobre 2007 soit approuve. 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 A I'issue du vote, la proposition est adoptee. 2.2 October 26, 2007 Common Council Minutes On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the minutes of the meeting of Common Council, held on October 26, 2007, be approved. Question being taken, the motion was carried. 2.2 Proces- verbal de la seance du conseil communal tenue le 26 octobre 007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que le proces- verbal de la seance du conseil communal tenue le 26 octobre 2007 soit approuve. A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the addition of item 13.2 Motocross Track - Ocean Westway and the withdrawal of item 15.1 Request from CUPE to present at Committee of the Whole Closed Session Pension Legislative changes, at the request of CUPE. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte moyennant I'ajout du point 13.2 Piste de moto -cross - Voie Ocean Ouest et le retrait du point 15.1 Demande du SUP voulant se presenter devant le Comite plenier en seance privee relativement aux modifications visant la Loi surle regime de retraite, a la demande du SCFP. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Fundy Region Solid Waste Commission submitting its proposed Operating Budget for 2008 be referred to the City Manager. 5.2 That the letter from Linda Stoddard requesting to appear before Council be referred to the Clerk to schedule the presentation. 5.3 That the letter from Kitty Buschlepp expressing concern regarding the field behind the Gorman Arena be referred to the City Manager. 5.4 That the letter from the Saint John Arts Board proposing nominations for its Board be referred to the Nominating Committee. 5.5 That the letter the Senior Citizens' Services Saint John Inc. requesting to appear before Council be referred to the Clerk to schedule the presentation. 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 5.6 That the letter from Saint John Jeux Canada Games Foundation Inc. submitting its audit report and financial statements as at December 31, 2006 be received for information. 5.7 That the letter from Dennis Griffin regarding compensation for lands on Red Head Access Road be received for information. 5.8 That the letter from K.V. Committee for Disabled Persons regarding the Pay and Display Parking Meters be referred to the City Manager /Ability Advisory Committee. 5.9 That the letter from Jon MacQueen concerning uptown parking be referred to the Saint John Parking Commission. 5.10 That Common Council schedule the public hearing for the Section 39 amendment application of Atlantic Home Improvements Ltd., 1099 Golden Grove Road, for Monday, December 3, 2007 at 7:00 p.m. in the Council Chamber and refer the application to the Planning Advisory Committee for a report and recommendation. 5.11 That pursuant to section 5 of the Minimum Property Standards By -law and in accordance with the recommendations of the City Manager, Pamela Bentley is hereby appointed Standards Officer. The appointment shall continue for so long as she is employed by The City of Saint John in its Buildings and Inspection Services Department or until the appointment is cancelled by Common Council. 5.12 That as recommended by the City Manager, - the proposal for the supply of a new Mobile Resource Management Solution be awarded to Grey Island Systems Inc., and - based on this award that Grey Island Systems Inc. be named by The City of Saint John the Official Supplier of Mobile Resource Management Solutions for a period ending December 31, 2010, and future purchases of hardware, software and support are pre- approved for direct acquisition from the Official Supplier of Mobile Resource Management Solutions up to the Council approved limits, in the Annual Capital Budget and specifically identified for this project, and - if necessary, the Mayor and Common Clerk be authorized to sign any required contract documents. 5.13 That as recommended by the City Manager, the tender in the amount of $70,349.00 plus tax, for the supply of 15 Panasonic Toughbook computers and peripheral equipment be awarded to Xwave of Saint John, N.B. 5.14 That as recommended by the City Manager, the letter submitting reports with respect to the economic impact of universities to a community, be received for information. 5.15 That as recommended by the City Manager, the letter providing Council with an update on the status of Contract 2007 -44 Ashburn Lake Road - Road Reconstruction Project, be received for information. 5.16 That as recommended by the City Manager, the letter updating Council on the status of the Contract 2006 -14 Old Black River Road Storm Sewer and Sanitary Sewer Installation and Road Reconstruction be received for information. 5.17 That as recommended by the City Manager, 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 the submitted report. 5.18 That as recommended by the City Manager, the report concerning online data - management service - WaterTrax Inc. be received for information. 5.19 That as recommended by the City Manager, the City accept the conveyance of the parcel of land abutting the City owned lands (PID Number 319939) upon the express condition that the parcel be used in conjunction with the adjacent City owned lands. On motion of Deputy Mayor Hooton Seconded by Councillor White 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that a representative from Saint John Non Profit Housing, Jon MacQueen and Mr. Baird of Planning and Development meet to discuss a resolution to Mr. MacQueen's concerns raised regarding parking and report back to Council. Question being taken, the motion was lost with the majority voting nay. 5. Questions soumises a I'approbation du conseil 5.1 RESOLU que la lettre presentee par la Commission de gestion des dechets solides de Fundy, accompagnee de son budget d'exploitation provisoire pour 2008, soit transmise au directeur general. 5.2 RESOLU que la lettre reque de Linda Stoddard, voulant que lui soit accordee la permission de se presenter devant le conseil, soit transmise au greffier aux fins d'inscription de la presentation a I'ordre du jour. 5.3 RESOLU que la lettre reque de Kitty Buschlepp, exprimant ses inquietudes au sujet du terrain situe a I'arriere de I'arena Gorman, soit transmise au directeur general. 5.4 RESOLU que la lettre regue du conseil des arts communautaires de Saint John proposant les candidats pour sieger a son conseil soit transmise au comite des candidatures. 5.5 RESOLU que la lettre reque de Senior Citizens' Services Saint John Inc. [services aux citoyens aines] voulant que lui soit accordee la permission de se presenter devant le conseil, soit transmise au greffier aux fins d'inscription de la presentation a I'ordre du jour. 5.6 RESOLU que la lettre reque de Saint John Jeux Canada Games Foundation, Inc., accompagnee de son rapport de verification et de ses etats financiers au 31 decembre 2006, soit acceptee a titre informatif. 5.7 RESOLU que la lettre regue de Dennis Griffin relative a I'indemnite pour les terrains situes sur la voie d'acces Red Head soit acceptee a titre informatif. 5.8 RESOLU que la lettre reque du K.V. Committee for Disabled Persons [comite K.V. sur les personnes handicapees] relative aux parcometres de paiement a console d'affichage soit transmise au directeur general et au Comite consultatif sur les personnes habiles. 5.9 RESOLU que la lettre reque de Jon MacQueen relative au stationnement dans le centre -ville soit transmise a la Commission sur le stationnement de Saint John. 5.10 RESOLU que le conseil communal fixe la date d'audience publique au 3 decembre 2007 a 19 h dans la salle du conseil relativement a la demande de modification des conditions prevues a I'article 39 deposee par Atlantic Home Improvements Ltd., 1099, chemin Golden Grove, et transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.11 RESOLU qu'en vertu de I'article 5 de I'arrete sur les normes applicables aux biens -fonds et conformement aux recommandations emises par le directeur general, Pamela Bentley soit, par les presentes, nommee agente des normes. Cette nomination restera en vigueur aussi longtemps que celle -ci sera a I'emploi de The City of Saint John et travaillera au sein des Services d'inspection et des batiments ou aussi longtemps que le conseil communal n'annulera pas la nomination. 5.12 RESOLU que, comme le recommande le directeur general, - la proposition relative a la fourniture de la nouvelle solution mobile de gestion des ressources soit accordee a Grey Island Systems Inc.; 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 en vertu de I'octroi du contrat, que Grey Island Systems Inc. soit nomme fournisseur off iciel de The City of Saint John en matiere de solutions mobiles de gestion des ressources jusqu'au 31 decembre 2010; - soit preautorisee I'acquisition future de materiel, de logiciels et de soutien technique directement du fournisseur officiel des solutions mobiles de gestion des ressources jusqu'a concurrence de la somme maximale qu'aura etablie le conseil dans son budget annuel d'immobilisations destine precisement a ce projet; - le maire et le greffier communal soient autorises, s'il s'avere necessaire, a signer toute documentation contractuelle exigee. 5.13 RESOLU que, comme le recommande le directeur general, la soumission au montant de 70 349 $, taxes en sus, relative a la fourniture de 15 ordinateurs Toughbook et peripheriques de Panasonic, soit accordee a 1'entreprise Xwave de Saint John, au Nouveau - Brunswick. 5.14 RESOLU que, comme le recommande le directeur general, la lettre accompagnee de rapports relatifs aux incidences economiques des universites sur les collectivites, soit acceptee a titre informatif. 5.15 RESOLU que, comme le recommande le directeur general, la lettre de mise a jour adressee au conseil sur I'etat du contrat no 2007 -44 relatif au projet de refection du chemin Ashburn Lake soit acceptee a titre informatif. 5.16 RESOLU que, comme le recommande le directeur general, la lettre de mise a jour adressee au conseil sur I'etat du contrat no 2006 -14 relatif au projet d'installation d'un reseau d'egouts pluvieux et sanitaires et de travaux de refection sur le chemin Old Black River, soit acceptee a titre informatif. 5.17 RESOLU que, comme le recommande le directeur general, le conseil communal; approuve I'augmentation des frais devant titre verses a Terrain Group Inc., pour les services d'inspection d'ingenierie relatifs au projet de la voie d'acces secondaire de Red Head, comme le souligne le rapport presente. 5.18 RESOLU que, comme le recommande le directeur general, le rapport presente visant le service de gestion des donnees en ligne de WaterTrax Inc., soit accepte a titre informatif. 5.19 RESOLU que, comme le recommande le directeur general, la Ville accepte le transfert de la parcelle de terrain attenante aux terres appartenant a la Ville (NID 319939) sous condition expresse que la parcelle soit utilisee conjointement avec les terres adjacentes appartenant a la Ville. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que les recommandations visant chaque point de la section Questions soumises a I'approbation du conseil soient adoptees. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU qu'une reunion soit fixee entre un representant de Saint John Non Profit Housing [logement a but non lucratif], Jon MacQueen et M. Baird du service de I'urbanisme et du developpement, afin de discuter de la resolution des problemes souleves par M. MacQueen en matiere de stationnement et qu'un compte rendu soit transmis au conseil. A I'issue du vote, la proposition est rejetee. La majorite vote contre la proposition. 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -law Amendment - 681 -683 Chapel Street 9.1(b) Planning Advisory Committee Report The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By -law Amendment of a parcel of land located at 681 -683 Chapel Street, having an area of approximately 1,670 square metres, also identified as PID Number 00388934, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification to permit a three family dwelling as requested by Barbara J. McGillivray, with no written objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 30, 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 681 -683 Chapel 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 Deputy Mayor Hooton 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, 681 -683 Chapel Street, having an area of approximately 1,670 square metres, also identified as PID Number 00388934, from "R -2" One and Two Family Residential to "R -4" Four Family Residential 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 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, 681 -683 Chapel Street, having an area of approximately 1,670 square metres, also identified as PID Number 00388934, from "R -2" One and Two Family Residential to "R -4" Four Family Residential 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 de zonage relatif au 681 -683, rue Chapel 9.1 b) Rapport du Comite consultatif d'urbanisme La greffiere communale adjointe indique que les avis requis ont ete publies relativement au projet de modification de 1'arrete de zonage relativement b la parcelle de terrain situee au 681 -683, rue Chapel, d'une superficie approximative de 1 670 metres carres et inscrite sous le NID 00388934, afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre Iogements « R -4 », en vue de reconnai"tre une habitation b trois Iogements b titre d'usage permis, b la demande de Barbara J. McGillivray, et qu'aucune objection ecrite n'a ete reque b cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la sbance du 30 octobre 2007, pendant Iaquelle le comite a resolu de recommander I'approbation, 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 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 681 -683, rue Chapel, 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 Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 1 670 metres carres, situee au 681 -683, rue Chapel et inscrite sous le NID 00388934, afin de faire passer la classification de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », 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 de zonage de The City of Saint John ». Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 1 670 metres carres, situee au 681 -683, rue Chapel et inscrite sous le NID 00388934, afin de faire passer la classification de zone residentielle - habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », 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 de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -law Amendment - 256 Wyatt Crescent 9.2(b) Planning Advisory Committee Report The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By -law amendment of a parcel of land located at 256 Wyatt Crescent, having an area of approximately 1.03 hectares (2.55 acres), also identified as PID Number 55107577, from "RS -2" One and Two Family Suburban Residential to "R -1 B" One Family Residential classification to rezone the subject lands in order to better facilitate the development of an urban residential subdivision as requested by Harold Coughlan, with no written objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 30, 2007 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, recommending that Common Council re -zone the above mentioned parcel of land located at 256 Wyatt Crescent as described above. The Committee also favourably recommended the proposed subdivision and granted the requested variances. These subdivision matters are contained in a separate letter by the Committee which will be considered at the time of third reading. 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 John Hart, the developer, advising that he is in agreement with the staff recommendation. Harold Coughlan addressed Council briefly in support of the proposed amendment. On motion of Deputy Mayor Hooton 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 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 256 Wyatt Crescent, having an area of approximately 1.03 hectares (2.55 acres), also identified as PID Number 55107577 , from "RS -2" One and Two Family Suburban Residential to "R -1 B" One Family Residential 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 256 Wyatt Crescent, having an area of approximately 1.03 hectares (2.55 acres), also identified as PID Number 55107577 , from "RS -2" One and Two Family Suburban Residential to "R -1 B" One Family Residential 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 ". 9.2a) Projet de modification de I'arrete de zonage relatif au 256, croissant Wyatt 9.2b) Rapport du Comite consultatif d'urbanisme La greffiere communale adjointe indique que les avis requis ont ete publies relativement au projet de modification de 1'arrete de zonage relativement a la parcelle de terrain situee au 256, croissant Wyatt, d'une superficie approximative de 1,03 hectare (2,55 metres carres) et inscrite sous le NID 55107577, pour faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales « R -1 B », afin de rezoner les terrains en question pour mieux faciliter I'amenagement d'un lotissement residentiel, a la demande de Harold Coughlan, et qu'aucune objection ecrite n'a ete reque a cet egard. Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service de planification, etudie lors de la reunion du 30 octobre 2007, a laquelle le comite a decide de recommander I'approbation telle qu'elle est soulignee dans le rapport du personnel, et recommandation que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 256, croissant Wyatt, decrite ci- dessus. Le comite a egalement recommande favorablement le lotissement propose et a accorde les derogations demandees. Ces questions liees au lotissement sont incluses dans une lettre distincte redigee par le comite et seront examinees au moment de la troisieme lecture. 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 et John Hart, le promoteur, indique qu'il appuie les recommandations du personnel. Harold Coughlan se presente brievement devant le conseil et se prononce en faveur du projet de modification. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 256, croissant Wyatt, d'une superficie approximative de 1,03 hectare (2,55 metres carres) et inscrite sous le NID 55107577, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales « R -1 B », fasse ('objet d'une premiere lecture. 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de 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 de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 256, croissant Wyatt, d'une superficie approximative de 1,03 hectare (2,55 metres carres) et inscrite sous le NID 55107577, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales « R -1 B », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 9.3(a) Proposed Zoning By -law Amendment - 282 Douglas Avenue 9.3(b) Presentation in Favour of Proposed re- zoning - Chipman Hill Suites 9.3(c) Letters of Support 9.3(d) Letters of Objection 9.3(e) Planning Advisory Committee Report The Assistant Common Clerk advised that the necessary advertising was completed with regard to the proposed Zoning By -law amendment of a parcel of land located at 282 Douglas Avenue, having an area of approximately 2,070 square metres, also identified as being PID Numbers 00368555 and 55151294, from "SZ -20" Special Zone #20 to "RM -IF" Multiple Residential Infill to permit the conversion of the existing building to approximately 11 studio apartments as requested by Chipman Hill Suites Limited, with letters of support and objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its October 30, 2007 meeting at which the Committee reached a deadlock and as a result was not able to make a recommendation to Common Council regarding the proposed re- zoning. The Mayor called for members of the public to speak against the re- zoning with Beverly Grew of 297 Douglas Avenue expressing the view that this application could open the door for applications to convert other properties on this portion of Douglas Avenue to multiple - family dwellings with absentee landlords. Angela Grew of 14 Bentley Street spoke in opposition to the proposed re- zoning pointing out that this application will disrupt the neighbourhood feeling of the area by introducing a high number of transient people which are not typical of other longer term tenants in the area. Peggy Wright of 276 Douglas Avenue addressed Council in opposition expressing concerns with regard to the proposed parking lot in the rear yard of the property and the impact this will have on drainage in the area. The Mayor called for members of the public to speak in favour of the re- zoning with Marilyn Craft, Chairperson of the Board of Directors of Hospice Greater Saint John advising that Hospice placed 282 Douglas Avenue up for sale in May 2007 and Susan Fullerton has made an offer with the intention to convert the property into 11 suites. Ms. Craft stated that Ms. Fullerton would certainly maintain the property and assured the residents of Douglas Avenue that the accommodations would be well cared for and well supervised. Referring to her submitted electronic presentation, Susan Fullerton, the applicant, provided Council with an overview of Chipman Hill Suites requesting Council to allow for the conversion of a dwelling, formally used by Hospice, to 11 high -end short stay rental units, and commented regarding the Douglas Avenue neighbourhood and responded to concerns raised by residents with respect to parking, traffic, zoning and population. She 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 noted that the New Brunswick Museum has advised her that her tenants could use its parking lot, if required. A lengthy discussion followed with Ms. Fullerton responding to questions advising that she would prefer RM -IF zoning, but is willing to consider any one of the following zoning options - RM -IF, RM -1, or B -2. Discussion continued with Mr. Baird responding to concerns raised regarding the potential for drainage problems with the development of a parking lot in the back yard area and the number of dwelling units requested by the applicant. Mr. Baird was asked to address the drainage issue by revising the Sections 39 conditions prior to Third Reading. Referring to the staff recommendation, Deputy Mayor Hooton and Councillor McGuire pointed out the recommendation is that the property be limited to a maximum of eight dwelling units, not eleven as requested by the applicant. On motion of Councillor Titus Seconded by Councillor Ferguson 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 282 Douglas Avenue, having an area of approximately 2,070 square metres, also identified as being PID Numbers 00368555 and 55151294, from "SZ -20" Special Zone #20 to "RM -IF" Multiple Residential Infill classification with 11 dwelling units, subject to Section 39 conditions, be read a first time. Question being taken, the motion was carried with Deputy Mayor Hooton and Councillor McGuire voting nay. Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". On motion of Councillor Titus Seconded by Councillor Tait 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 282 Douglas Avenue, having an area of approximately 2,070 square metres, also identified as being PID Numbers 00368555 and 55151294, from "SZ -20" Special Zone #20 to "RM -IF" Multiple Residential Infill classification with 11 dwelling units, subject to Section 39 conditions, be read a second time. Question being taken, the motion was carried with Deputy Mayor Hooton and Councillor McGuire voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The City of Saint John ". 9.3a) Modification de I'arrete de zonage visant le 282, avenue Douglas 9.3b) Presentation en faveur du projet de rezonage - Chipman Hill Suites 9.3c) Lettres a I'appui 9.3d) Lettres d'opposition 9.3e) Rapport du Comite consultatif d'urbanisme La greffiere communale adjointe indique que les avis requis ont ete publies relativement au projet de modification de 1'arrete de zonage visant la parcelle de terrain situee au 282, avenue Douglas, d'une superficie approximative de 2 070 metres carres, et inscrite sous les NID 00368555 et 55151294, afin de faire passer la classification de zone speciale n° 20 (SZ -20) a zone d'edification de logements multiples sur terrain intercalaire RM -IF », en vue de permettre la transformation de I'immeuble existant en environ 11 appartements studio, a la demande de Chipman Hill Suites Limited, et que des lettres d'appui et d'opposition ont ete reques. 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 30 octobre 2007, a laquelle le comite a abouti a une impasse et par consequent n'a pu formuler aucune recommandation au conseil communal relativement au projet de rezonage. 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 Le maire invite le public a se prononcer contre le projet de rezonage, ce que fait Beverly Grew, residante au 297, avenue Douglas, exprimant son opinion que cette demande risque d'ouvrir la porte a d'autres sollicitations visant a transformer des proprietes sur cette partie de ('avenue Douglas en habitations pour plusieurs familles gerees par des proprietaires absents. Angela Grew, residante au 14, rue Bentley, se prononce contre le projet de rezonage et souligne que si cette demande est accordee, le sentiment d'appartenance au quartier serait trouble par ('introduction d'un nombre eleve de personnes de passage qui ne sont pas caracteristiques des locataires qui s'installent a plus long terme. Peggy Wright, residente au 276, avenue Douglas, se presente devant le conseil et exprime son opposition a I'aire de stationnement proposee dans la cour arriere de la propriete et aux incidences sur le drainage dans le quartier. Le maire invite le public a se prononcer en faveur du projet de rezonage, ce que fait Marilyn Craft, presidente du conseil d'administration de Hospice Greater Saint John, indiquant que son organisme a mis sur le marche en mai 2007 la propriete situee au 282, avenue Douglas et que Susan Fullerton a depose une offre d'achat et qu'elle a ('intention d'amenager 11 studios sur le terrain. Mme Craft indique que Mme Fullerton s'occuperait surement de la propriete et assure les residents de ('avenue Douglas que les logements seraient bien entretenus et surveilles. Se reportant a une presentation electronique de diapositives soumise precedemment, Susan Fullerton, la demanderesse, se presente devant le conseil pour donner un aperqu de Chipman Hill Suites et demande qu'elle soit permise de transformer l'immeuble occupe anterieurement par ('Hospice en onze studios luxueux aux fins de location a courte duree, s'exprime sur le quartier de ('avenue Douglas et repond aux inquietudes soulevees par les residents relativement au stationnement, a la circulation, au zonage et aux citoyens. Elle souligne qu'un representant du Musee du Nouveau - Brunswick lui a confirme que ses locataires pourraient stationner sur le terrain du musee, au besoin. Une longue discussion s'ensuit au cours de laquelle Mme Fullerton repond aux questions et indique qu'elle prefere le zonage designe RM -IF, mais qu'elle est prete a examiner les options suivantes : RM -IF, RM -1 et B -2. La discussion se poursuit et M. Baird repond aux inquietudes soulevees concernant les problemes de drainage eventuels causes par I'amenagement d'une aire de stationnement dans la cour arriere et le nombre de logements proposes par la demanderesse. On demande a M. Baird de traiter le probleme de drainage par la modification des conditions prevues a I'article 39, et ce, avant de proceder a la troisieme lecture. La mairesse suppleante Hooton et le conseiller McGuire mentionnent qu'en vertu de la recommandation du personnel, un nombre maximal de huit logements devraient titre amenages sur la propriete plutot que les onze demandes par la requerante. Proposition du conseiller Titus Appuyee par le conseiller Ferguson RESOLU que 1'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 2 070 metres carres, situee au 282, avenue Douglas et inscrite sous les NID 00368555 et 55151294, en vue de faire passer la classification s'y rapportant de zone speciale n° 20 « SZ -20 » a zone d'edification de logements multiples sur terrain intercalaire « RM -IF » comprenant 11 unites, conformement aux conditions prevues a I'article 39, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est acceptee. La mairesse suppleante Hooton et le conseiller McGuire votent contre la proposition. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller Tait RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John » relativement au rezonage d'une parcelle 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 de terrain d'une superficie approximative de 2 070 metres carres, situee au 282, avenue Douglas et inscrite sous les NID 00368555 et 55151294, en vue de faire passer la classification s'y rapportant de zone speciale n° 20 « SZ -20 » a zone d'edification de logements multiples sur terrain intercalaire « RM -IF » comprenant 11 unites, conformement aux conditions prevues a I'article 39, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est acceptee. La mairesse suppleante Hooton et le conseiller McGuire votent contre la proposition. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ». 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 Referring to the submitted electronic slide presentation Dick Daigle, President of Uptown Saint John provided Council with an update on the organization's 2007 highlights and financial situation. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the Uptown Saint John 2008 budget, which includes the proposed expansion of the BIA area, be advertised and a date set for a public hearing. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the City Manager request Uptown Saint John for their input on the Upper Floor, Infill Developments and Fagade Program. Question being taken, the motion was carried. 8. Delegation et presentations Se reportant a une presentation electronique de diapositives soumise anterieurement, Dick Daigle, president de Uptown Saint John, met le conseil au courant des faits saillants de l'annee 2007 et de 1'etat financier de son organisme. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le budget de 2008 de Uptown Saint John qui comprend le projet d'elargissement de la zone d'amelioration des affaires, soit publie et qu'une date soit fixee pour la tenue d'une audience publique. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le directeur general sollicite les commentaires de Uptown Saint John sur les projets relatifs a 1'etage superieur, a I'amenagement sur terrain intercalaire et au programme de fagades. A ('issue du vote, la proposition est adoptee. 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 10. Consideration of By -laws 10.1 Public Presentation Proposed Municipal Plan Amendment - 243 Prince William Street and 230 Water Street A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A and 2 -C of the Plan, the approximate southern half of a parcel of land with an area of approximately 5640 square metres, located at 243 Prince William Street and 230 Water Street, also identified as being PID Number 00006676 from Transportation and Medium Density Residential to Uptown Regional Centre; and amend Schedule 6 -A of the Plan by expanding the Uptown boundary to include the same portion of the parcel of land as part of the Low Intensity Mix area within the Uptown. 10. Etude des arretes municipaux 10.1 Presentation publique relative au projet de modification du plan municipal visant le 243, rue Prince William et le 230, rue Water Une presentation publique est donnbe relativement au projet de modification du plan d'ambnagement municipal visant a modifier sur les annexes 2 -A et 2 -C du plan, environ la moitib de la partie sud d'une parcelle de terrain d'une superficie approximative de 5 640 metres carrbs, sitube au 243, rue Prince William et au 230, rue Water et inscrite sous le NID 00006676, de zone de transport et de zone rbsidentielle de densitb moyenne a zone rbgionale du centre - ville; et a modifier I'annexe 6 -A du plan en blargissant Ies Iimites du centre - ville afin d'inclure la meme partie de la parcelle de terrain clans la zone de mblange a faible densitb au sein du centre- ville. 10.2 Public Presentation Proposed Municipal Plan Amendment - 475 City Line /Fort Dufferin Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would re- designate on Schedule 2 -A, the Future Land Use Plan, a parcel of land with an area of approximately 6.72 hectares, located at 475 City Line /Fort Dufferin Road, also identified as being PID Number 00390104 from Transportation and Open Space to High Density Residential. 10.2 Presentation publique relative a la modification proposee du plan d'amenagement visant le 475, chemin City Line a ('intersection du chemin Fort Dufferin Une prbsentation publique est donnbe relativement au projet de modification du plan d'ambnagement municipal visant a modifier la classification sur I'annexe 2 -A du plan d'ambnagement municipal, une parcelle de terrain d'une superficie approximative de 6,72 hectares, sitube au 475, chemin City Line a ('intersection du chemin Fort Dufferin, et inscrite sous le NID 00390104, de zone de transport et d'espaces libres a zone rbsidentielle a forte densitb. 10.3 Proposed Amendment to the Business Improvement Area By -law The Assistant Common Clerk advised that there was an error in the advertising of the proposed by -law amendment and asked that Council re- advertise and consider the by -law amendment on November 19, 2007. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the proposed amendment to the Business Improvement Area By -law be re- advertised and considered by Common Council on November 19, 2007. Question being taken, the motion was carried. 10.3 Projet de modification de I'arrete relatif a la zone d'amelioration des affaires La greffibre communale adjointe indique qu'une erreur s'est glissbe clans Ies documents de publicitb relatifs au projet de modification de I'arrbtb susmentionnb et demande au conseil de publier a nouveau Ies avis et d'examiner la modification de 1'arr6t6 au cours de la sbance prbvue le 19 novembre 2007. 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le projet de modification visant 1'arrete relatif a la zone d'amelioration des affaires soit publie de nouveau et examine par le conseil communal le 19 novembre 2007. A ('issue du vote, la proposition est adoptee. 10.4(a)Third Reading Zoning By -law Amendment - 170 St. John Street On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 110 -54, A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land located at 170 St. John Street, having an area of approximately 460 square metres, also identified as PID Number 00365312, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -54, a Law to Amend the Zoning By -law of the City of Saint John was read in its entirety. 10.4(b)Section 39 Conditions - 170 St. John Street On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED 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 three dwelling units, and further, that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -54, A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land located at 170 St. John Street, having an area of approximately 460 square metres, also identified as PID Number 00365312, from "R -2" One and Two Family Residential to "R -4" Four Family Residential classification, be read a third time, enacted and the Corporate Common Seal affixed thereto Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -54, a Law to Amend the Zoning By -law of the City of Saint John ". 10.4a) Troisieme lecture du projet de modification de I'arrete de zonage relatif au 170, rue John Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete no C.P. 110 -54 modifiant 1'arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 460 metres carres, situee au 170, rue John et inscrite sous le NID 00365312 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110 -54 modifiant 1'arrete de zonage de The City of Saint John » est lu integralement. 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 10.4b) Conditions imposees par I'article 39 relativement au 170, rue St. John Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surFurbanisme, le projet de rezonage soit assujetti a la condition que ('usage de la propriete se limite a un nombre maximal de trois habitations et qu'a la suite du rezonage des biens- fonds, le terrain, et tout immeuble et construction qui s'y trouve, doivent titre amenages et utilises conformement a la proposition et aux conditions figurant aux presentes. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que 1'arrete intitule « Arrete no C.P. 110 -54 modifiant 1'arrete de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 460 metres carres, situee au 170, rue John et inscrite sous le NID 00365312 afin de faire passer la classification s'y rapportant de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » a zone residentielle — habitations de quatre logements « R -4 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110 -54 modifiant 1'arrete de zonage de The City of Saint John ». 10.5(a)Third Reading Zoning By -law Amendment - 1964 Loch Lomond Road On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -55 a Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 1964 Loch Lomond Road, also identified as being PID Numbers 00329003 and 55098826, adding to the list of zones in Section 30(1); adding to Section 740(24), and by re- zoning the same parcel of land from "RS -2" One and Two Family Suburban Residential to "SZ -24" Special Zone #24 classification, be read. Referring to the public hearing, Councillor Court expressed concern that Mrs. Boyle who arrived late for the public hearing on October 22 "d, did not get an opportunity to speak and questioned the Solicitor if there was any redress for the matter, to which Mr. Cullinan responded there was not. Question being taken, the motion was carried with Councillor Court voting nay. The by -law entitled, "By -law Number C.P. 110 -55, a Law to Amend the Zoning By -law of the City of Saint John was read in its entirety. 10.5(b)Section 39 Conditions - 1964 Loch Lomond Road On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 3796 square metres, located at 1964 Loch Lomond Road, also identified as being PID Numbers 00329003 and 55098826, for non - residential purposes be subject to the following conditions: 1. The non - residential use of the property is restricted to a veterinary clinic or hospital for the treatment of animals and /or office uses in the existing buildings on the site. 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 2. No boarding or kennelling shall be provided except for animals required to stay overnight because of surgery. 3. The area where animals will be kept overnight shall be soundproofed in accordance with plans approved by the Building Inspector. 4. Deceased animals, parts removed during surgery, and manure shall be disposed of off -site. 5. Any new development on the site such as parking areas, driveways or other site features must be developed in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer. 6. The number of parking spaces on the subject site is limited to a maximum of 15. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number C.P. 110 -55 a Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 1964 Loch Lomond Road, also identified as being PID Numbers 00329003 and 55098826, adding to the list of zones in Section 30(1); adding to Section 740(24), and by re- zoning the same parcel of land from "RS -2" One and Two Family Suburban Residential to "SZ -24" Special Zone #24 classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled "By -law Number C.P. 110 -55 a Law to Amend the Zoning By -law of The City of Saint John ". 10.5a) Troisieme lecture du projet de modification de I'arrete de zonage relativement au 1964, chemin Loch Lomond Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 1964, chemin Loch Lomond, inscrite sous les NID 00329003 et 55098826, en I'ajoutant a la liste des zones dressee au paragraphe 30(1), en I'ajoutant au paragraphe 740(24) et en procedant au rezonage de la meme parcelle de terrain afin de faire passer la classification de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS -2 » a zone speciale no 24 (<< SZ -24 ))), fasse I'objet d'une lecture. Le conseiller Court exprime ses inquietudes au sujet de Mme Boyle qui s'etait presentee en retard a ('audience publique tenue le 22 octobre et n'a donc pas eu I'occasion de se prononcer sur la question. II demande a I'avocat municipal s'il existe une mesure de redressement en consequence et M. Cullinan repond qu'il n'y en a aucune. A I'issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. L'arrete intitule << Arrete no C.P. 110 -55 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. 10.5b) Conditions imposees par I'article 39 relativement au 1964, chemin Loch Lomond Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU qu'en vertu des dispositions de I'article 39 de la Loi sur 1'urbanisme, I'amenagement et ('usage, a des fins non residentielles, d'une parcelle de terrain d'une superficie approximative de 3 796 metres carres, situee au 1964, chemin Loch Lomond et inscrite sous les NID 00329003 et 55098826, soient assujettis aux conditions suivantes : 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 1. L'usage non residentiel de la propriete se limite a 1'exploitation d'une clinique ou d'un hopital veterinaire offrant des soins aux animaux et a I'amenagement de bureaux dans les immeubles situes sur le terrain a I'heure actuelle. 2. Les services de pension et de gardiennage sont interdits a 1'exception des cas ou I'animal doit passer la nuit a la suite d'une chirurgie. 3. L'endroit ou les animaux devront passer la nuit doit titre insonorise conformement aux plans approuves par I'inspecteur des batiments. 4. Les animaux decedes, les parties de corps d'animaux retirees par la chirurgie et les excrements doivent titre elimines hors site. 5. Tout nouvel amenagement effectue sur les lieux, tel qu'une aire de stationnement, une entree ou tout autre projet, doit titre effectue conformement a un plan de situation detaille, dresse par le requerant sous reserve de I'approbation de I'agent d'urbanisme. 6. Un nombre maximal de 15 espaces de stationnement est permis sur les lieux. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete no C.P. 110 -55 modifiant 1'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 1964, chemin Loch Lomond, inscrite sous les NID 00329003 et 55098826, en I'ajoutant a la liste des zones dressee au paragraphe 30(1), en I'ajoutant au paragraphe 740(24) et en procedant au rezonage de la meme parcelle de terrain afin de faire passer la classification de zone residentielle de banlieue - habitations unifamiliales et bifamiliales << RS -2 » a zone speciale no 24 (<< SZ -24 ))), fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule << Arrete no C.P. 110 -55 modifiant 1'arrete sur le zonage de The City of Saint John ». 10.6 Third Reading Street Closing By -law Amendment - Mill Street On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John ", with regard to stopping up and closing permanently a portion of Mill Street, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -23 a By -law to Amend a by -law Respecting the Stopping Up and Closing of Highways in the City of Saint John" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John ", with regard to stopping up and closing permanently a portion of Mill Street, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number M -23 a By -law to Amend a By -law Respecting the Stopping Up and Closing of Highways in the City of Saint John ". 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 10.6 Troisieme lecture du projet de modification de I'arrete concernant la fermeture de routes visant la rue Mill Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a la fermeture et au barrage de fagon permanente d'une partie de la rue Mill, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no M -23, modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no M -23 modifiant 1'arrete concernant la fermeture et le barrage de routes dans The City of Saint John », relativement a la fermeture et au barrage de fagon permanente d'une partie de la rue Mill, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no M -23 modifiant I'arrete concernant la fermeture et le barrage de routes dans The City of Saint John ». 10.7 Third Reading Composition and the Election of Common Council By -law On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "By -law Number M -31, A By -law Relating to the Composition and the Election of the Common Council ", be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number M -31, A By -law Relating to the Composition and the Election of the Common Council ", was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number M -31, A By -law Relating to the Composition and the Election of the Common Council ", be read a third time, enacted and the Corporate Common Seal affixed thereto. Read a third time by title, the by -law entitled, "By -law Number M -31, A By -law Relating to the Composition and the Election of the Common Council ". At the suggestion of Mayor McFarlane, Council agreed to continue the meeting to consider Business Matters, Committee Reports and General Correspondence and moved all items submitted by Council members forward to the November 19, 2007 meeting. 10.7 Troisieme lecture de I'arrete relatif a I'Mection des membres du conseil communal et a sa formation Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que 1'arrete intitule « Arrete no M -31 relatif a I'Mection des membres du conseil communal et a sa formation » fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 L'arrbtb intitulb « Arrbtb no M -31 relatif a 1'e1ection des membres du conseil communal et a sa formation » est Iu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrbte intitulb « Arrbtb no M -31 relatif a l'blection des membres du conseil communal et a sa formation » fasse l'objet d'une troisieme lecture, que (edit arrbtb soit edictb et que le sceau communal y soit appose. Troisieme lecture par titre de 1'arr6te intitule « Arrbte no M -31 relatif a 1'e1ection des membres du conseil communal et b sa formation ». Le maire McFarlane, avec I'accord du conseil, suggbre que la sbance se poursuive afin d'examiner Ies affaires municipales, Ies rapports de comites et la correspondance generale et reporte a la sbance du 19 novembre 2007 tous Ies points prbsentbs par Ies membres du conseil. 12. Business Matters - Municipal Officers 12.1(a) Red Head Road Traffic By -law Amendment — City Manager Report Consideration was given to a report from the City Manager recommending that Common Council amend the Traffic By -law by adding Red Head Road between Bayside Drive and Hewitt Road to "Schedule "I" Truck Restrictions "; further that "Schedule "K" — Truck Routes" of the City's Traffic By -law be amended by deleting the current Red Head Road entry and replacing with "Red Head Road, from Hewitt Road to City boundary "; and finally that "Schedule "K" — Truck Routes" also be amended to include "Hewitt Road, from Bayside Drive to Red Head Road ". 12.2(b)Traffic By -law Amendment - Red Head Road City Solicitor Report and By -law On motion of Councillor Deputy Mayor Hooton Seconded by Councillor Councillor McGuire RESOLVED that the by -law entitled, "A By -law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" amending Schedule "I" and "K" with regard to Red Head Road between Bayside Drive and Hewitt Road, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -law Respecting Traffic on Street in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ". On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by -law entitled, "A By -law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" amending Schedule "I" and "K" with regard to Red Head Road between Bayside Drive and Hewitt Road, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -law Respecting Traffic on Street in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ". 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 a) Projet de modification de I'arrete relatif a la circulation - rapport du directeur general Examen d'un rapport prbsentb par le directeur general recommandant que le conseil communal modifie I'arrbtb relatif a la circulation par I'adjonction a I'annexe « I » intitulbe Restrictions imposees aux camions », le libellb « le chemin Red Head entre la 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 promenade Bayside et le chemin Hewitt »; que I'annexe « K » intitulee « Voies reservees aux camions », soit modifiee par la suppression du libelle « 1'entree du chemin Red Head » et son remplacement par « le chemin Red Head, depuis le chemin Hewitt jusqu'a la limite municipale »; et que ('annexe « K », intitulee « Voies reservees aux camions », soit egalement modifiee afin d'inclure le libelle «le chemin Hewitt, depuis la promenade Bayside jusqu'au chemin Red Head ». 12.2b) Projet de modification de I'arrete relatif a la circulation visant le chemin Red head, rapport de I'avocat municipal et arrete Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant les annexes « I » et « K », relativement au chemin Red Head entre la promenade Bayside et le chemin Hewitt, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que 1'arrete intitule « arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant les annexes « I » et « K », relativement au chemin Red Head entre la promenade Bayside et le chemin Hewitt, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 12.2 PALS (Partners Assisting Local Schools) On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by The City Manager, Common Council endorse the PALS (Partners Assisting Local Schools) Partnership among the Lorne Middle School in the Old North End, School District 8, the City of Saint John and City of Saint John employees. Question being taken, the motion was carried. 12.2 Initiative PALS (Partners Assisting Local Schools) Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal appuie le partenariat PALS comprenant 1'ecole intermediaire Lorne dans le quartier Old North End, le district scolaire 8, The City of Saint John et les employes municipaux. A ('issue du vote, la proposition est adoptee. 12.3 Standing Committee Options On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the letter from the City Manager regarding Standing Committee options be received for information. 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 Question being taken, the motion was carried. 12.3 Options des comites permanents Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que le rapport presente par le directeur general relatif aux options dont dispose le Comite permanent soit accepte a titre informatif. A ('issue du vote, la proposition est adoptee. 12.4 Fairville Blvd. Simms Corner - Bridge Road Corridor On motion of Councillor Chang Seconded by Deputy Mayor Hooton RESOLVED that as recommended by the City Manager, a meeting be arranged with the region's Government caucus to discuss the importance of the Simms Corner Corridor and other Highway #100 improvements, and that Common Council receive this report for information. Question being taken, the motion was carried. 12.4 Boulevard Fairville — Coin Simms — Couloir du chemin Bridge Proposition du conseiller Chang Appuyee par la mairesse suppleante Hooton RESOLU que, comme le recommande le directeur general, une reunion soit prevue avec des representants gouvernementaux regionaux afin de discuter de ('importance du couloir et du coin Simms ainsi que d'autres travaux de refection necessaires sur la route 100, et que le conseil communal accepte le present rapport a titre informatif. A ('issue du vote, la proposition est adoptee. 12.5 NB Climate Action Fund Project Proposal Rothesay Road On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council support the construction of cycling infrastructure in conjunction with the following two phases of Rothesay Road reconstruction - Railroad Overpass to Colony Road and Fulton Lane to the Railway Overpass, and that the proposed trail route be registered as a future part of Sentier NB Trail. Question being taken, the motion was carried. 12.5 Proposition du Fonds d'action climat du Nouveau - Brunswick visant le chemin Rothesay Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal appuie I'amenagement d'une infrastructure de pistes cyclables conjointement avec les projets de refection de routes relatifs au passage superieur du chemin de fer jusqu'au chemin Colony et de 1'allee Fulton jusqu'au meme passage superieur et que ('infrastructure de sentiers proposee soit enregistree comme faisant partie du Sentier NB Trail. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee Recommending Proposed Vesting of King William Road as a Public Street On motion of Councillor White 93- COMMON COUNCIL / CONSEIL COMMUNAL , 2007 Seconded by Councillor Farren RESOLVED that as recommended by the Planning Advisory Committee, Common Council assent to the submitted amending subdivision plan, City of Saint John Subdivision, Sheets 1 and 2, prepared by Terrain Group Inc. and dated October 12, 2007, with respect to the vesting of King William Road as a public street. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Recommandation du comite consultatif d'urbanisme relativement a la devolution proposee visant le chemin King William comme une rue publique Proposition du conseiller White Appuyee par le conseiller Farren RESOLU que, comme le recommande le Comite consultatif d'urbanisme, le conseil communal autorise la modification du plan de lotissement presente relatif au lotissement de The City of Saint John, sur les feuilles 1 et 2, dresse par Terrain Group Inc. et date du 12 octobre 2007, relativement a la devolution du chemin King William en tant que rue publique. A I'issue du vote, la proposition est adoptee. 13.2 Committee of the Whole Report - Motocross Track - Ocean Westway On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that Mr. William Edwards is hereby designated and authorized to make an application on behalf of the City of Saint John to the Court of Queen's Bench of New Brunswick in accordance with subsection 94(1) of the Community Planning Act for an Order that will: 1. Require Allan A. Williams and Edgar Alan Williams to immediately cease using or permitting the use of their property at 2086 Ocean Westway (identified by PID 00287474) (hereinafter the "Property ") as a motocross track/by motocross cycles, and 2. Require Allan A. Williams and Edgar Alan Williams to refrain from using or permitting the use of the Property as a motocross track /by motocross cycles in the future, and 3. Require Allan A. Williams and Edgar Alan Williams to, within 60 days or within such other time as the Judge may allow, demolish the motocross track that has been constructed on the Property, and 4. Authorize the City to cause the demolition of the motocross track on the Property in the event that Allan A. Williams and Edgar Alan Williams do not comply with the order to do so from the Court of Queen's Bench, and 5. Require Allan A. Williams and Edgar Alan Williams to pay to the City of Saint John court costs in such an amount as the Judge may allow. Question being taken, the motion was carried. 13.2 Rapport presente par le Comite plenier relatif a la piste de moto -cross situee sur la voie Ocean Ouest Proposition du conseiller Farren Appuyee par la mairesse suppleante Hooton RESOLU que M. William Edwards soit, par les presentes, charge et autorise a deposer une requete au nom de The City of Saint John, devant la Cour du Banc de la Reine du Nouveau - Brunswick, en vertu du paragraphe 94(1) de la Loi sur 1'urbanisme pour que soit delivree une ordonnance visant a: exiger que Allan A. Williams et Edgar Alan Williams cessent immediatement 93- COMMON COUNCIL / CONSEIL COMMUNAL November 5, 2007 / Le 5 novembre 2007 d'utiliser leur propriete situee au 2086, voie Ocean Ouest (inscrite sous le NID 00287474) (ci -apres appelee la « Propriete ))), ou de permettre ('utilisation de celle -ci, en tant que piste de moto -cross par les motocyclettes; 2. exiger que Allan A. Williams et Edgar Alan Williams cessent d'utiliser a I'avenir la Propriete, ou de permettre ('utilisation de celle -ci, en tant que piste de moto -cross par les motocyclettes; 3. exiger que Allan A. Williams et Edgar Alan Williams procedent a la demolition de la piste de moto -cross amenagee sur la Propriete dans un delai de 60 jours ou dans tout autre delai qu'ordonne le juge; 4. autoriser la Ville a proceder a la demolition de la piste de moto -cross situee sur la Propriete dans le cas ou Allan A. Williams et Edgar Alan Williams negligent de respecter I'ordonnance rendue par la Cour du Banc de la Reine; 5. exiger que Allan A. Williams et Edgar Alan Williams remboursent The City of Saint John les frais judiciaires au montant que le juge aura determine. A ('issue du vote, la proposition est adoptee. 15.1 Request from CUPE to Present at Committee of the Whole Closed Session Pension Legislation Changes Withdrawn 15.1 Demande de SUP pour faire une presentation a la reunion privee du comite plenier concernant les modifications legislatives relatives a la retraite Point retire 16. Adjournment The Mayor declared the meeting adjourned at 10:10 p.m. 16. Levee de seance Le maire declare que la seance est levee a 22 h 10. Mayor /maire Assistant Common Clerk /Greffiere communale adjointe Ragged Ends 509 Ragged Point Road Saint John N.B. EX 5C6 October 30 2007 Mayor and Councilors City Of Saint John Dear Sirs: I am writing to ask for the reinstallation of the "Stop" sign at the exit from the Samuel D Champlain School and Centre. It was removed during the construction of their new addition over the last 2 years and not replaced. This is a very high traffic area on school days and we Ragged Point Road residents have had some close calls. Just today I witnessed several school buses failing to stop or yield. Thank you for your attention to this matter. Sincerely Dr J D Steph nson Ragged Ends 509 Ragged Point Road Saint John N.B. E2K 5C6 October 30, 2007 Mayor and Councilors City Of Saint John Dear Sirs: This year has seen another large increase in the deer population in our area. There are at least two large herds of ten and many other scattered deer. This continues to be a safety hazard. The hazard is now compounded by many vehicles stopping to watch and/or feed the deer on our narrow one lane road. I am writing in the hope of the installation some appropriate warning signage. Sincerely Dr J D Stephenson o f .�1� �-1 ;�.�,!'�,C�- y c�,1�t.c� �,�,°'�,tz, -. ��`�ns�.,C• -,�5c- rwe,v� 'r , n v' zIr �...IY -v'14 /�44J_- ..e✓v" /l I. ✓v yi�/� `� / v"��f4X �- -1 /�. _Z _ /ae awn?_ GCi� J"Sh- C.�/1- lJri7"4u�E. •.�� /Gi�CA.� 1.(iit. �L?1. A l t Zrz,/� IN NN- All 4 s `1 3 REPORT TO COMMON COUNCIL November 14, 2007 M & C 2007 -358 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: Emera Brunswick Pipeline Co. Ltd. — Letter of Agreement: Abandonment BACKGROUND In July of this year, Council authorized the Mayor and Common Clerk to execute Options for Easements for City owned properties which are being crossed by the Emera Brunswick pipeline. These easement documents focus on defining the rights and obligations of both parties regarding the installation and operation of a gas pipeline across such properties. In addition, a license to allow the pipeline to cross City streets is being prepared and will be brought to Council in the near future. Again, this license will focus on the installation and operation of the pipeline. At some point in time, Emera may chose to abandon the pipeline or a portion thereof and, in anticipation of this, the attached Letter of Agreement was negotiated. ANALYSIS The National Energy Board Act (NEB Act) requires that a pipeline company apply to and receive approval from the NEB before it "can build a pipeline, make changes to it, sell it, or abandon it ". A company must apply to the NEB for permission to abandon the pipeline under section 74(1)(d) of the NEB Act, and pursuant to s.24(1) of the act, a public hearing is held to decide whether the abandonment would be in the public interest and the procedures proposed would provide for adequate safety and the protection of the environment. While the NEB allows "anyone who can demonstrate an interest" to participate in the hearing, they do not require an early notification program. Section 50 of the Onshore Pipeline Regulations requires the Company to submit an abandonment plan to the NEB. The NEB expects that notification of the affected land owners be included as a step in the Company's abandonment plan. As the City would only be notified of abandonment if a portion of the pipeline was abandoned on a parcel of land owned by the City under the current requirements, it might miss an opportunity to make M & C 2007 -358 November 14, 2007 Page 2 representations to the NEB on abandonment anywhere within the City limits which could impact future developments, infrastructures or the like. Therefore, the City negotiated a Letter of Agreement with Emera whereby Emera must provide the City with written notification prior to abandoning any portion of the pipeline located within the City boundaries. This notification is in addition to any obligations of the company pursuant to the National Energy Board Act. RECOMMENDATION 1. That the City of Saint John enter into the "Letter of Agreement" with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions as attached hereto; and 2. That the Mayor and Common Clerk be authorized to execute the Letter of Agreement. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager BRUNSWIC PIPELINE An Emern company City of Saint John P.O. Box 1971 Saint John, NB E21- 4L1 Dear Sir: P.O. BOX 910 1894 BARRINGTON STREET Office: 902.450.0507 HALIFAX, NOVA SCOTIA HALIFAX NOVA SCOTIA Toll Free: 1.8138.450-0507 CANADA 6312W5 CANADA 33J 2AB Fax: 902.428.6104 vnvw.Hrumwickpipeline. tom LETTER OF AGREEMENT Emera Brunswick Pipeline Company Ltd. (Emera) is in the business of natural gas pipeline construction, operation, transmission, and distribution and is intending to construct a natural gas pipeline know as the "Brunswick Pipeline°, a portion of which will be located within the boundaries of the City of Saint John (the City). Emera undertakes that it will provide the City with written notification prior to abandoning any portion of the Brunswick Pipeline located within the boundaries of the City. This notification is in addition to Emera's obligations pursuant to the National Energy Board Act, A.S.C. 7385, c. -7,• This Letter of Agreement shall enure to the benefit of and be binding on the respective successors and assigns of the parties. Letter of Agreement confirmed and acknowledged as of the /v; day of A tV 2007. Emera B nsw aline Compa y Ltd. By: Letter of Agreement confirmed and acknowledged as of the day of :2007. witness witness City of Saint John By: By: Norman McFarlane, Mayor Patrick Woods, Common Clerk REPORT TO COMMON COUNCIL M &C2007 -359 November 14, 2007 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT NO. 2007 -43 PARK STREET PUMP STATION — EMERGENCY POWER UPGRADE BACKGROUND M. The City of Saint John This Contract consists of a project that is approved in the Municipal Operations and Engineering 2007 Utility Fund Operating Budget. 1. Upgrade existing diesel generator system at the Park Street Water Pumping Station with a new 105 kW diesel generator including the installation of an automatic transfer switch and transformer. TENDER RESULTS Tenders closed on October 17, 2007, with the following results: 1. O'Brien Electric Company Ltd. $ 168,642.00 Saint John, N.B. The Engineer's estimate for the work was $69,000.00. ANALYSIS The tender was reviewed by staff and the tender was 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. M &C2007 -359 November 14, 2007 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against one Operating Budget project. Assuming award of the Contract to the 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 $60,000 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $160,963 including the City's eligible H.S.T. rebate — a $100,963 difference. The Form of Tender required the bidders to include a contingency allowance in the amount of $60,000. The required contingency allowance should have been $6,000. If the tendered price would have included the $6,000 as opposed to the $60,000 contingency allowance then the tendered price would have been $114,642. When the "adjusted" tendered price ($114,642) is compared to the engineer's estimate ($69,000) the difference is still 66% more than what we believe the cost of the work should be. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -43: Park Street Pump Station — Emergency Power Upgrade not be awarded and that the work in question be deferred for consideration in the 2008 Utility Fund Operating Budget. 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 -367 November 15, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: City Market Collector Tins BACKGROUND: Attached is a note from the Deputy Market Clerk regarding the launch a series of 4 City Market Collector Tin Set. The series will feature historical Market images and lead collectors to the Market website for additional information about of our rich history. The tins will be used by Market tenants to merchandise as seasonal gift sets. These fine quality, well developed Collector Tins are anticipated to create a buzz in the Market as we head into the Holiday season. RECOMMENDATION Receive and file. fully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment City of Saint John SAINT JOHN 4. , MARKET An nroml exlrmncr, every time. I Inc, "penrnf i•. nngmale, rhayur Inis The Saint John City Market Collector Tins The first of 4, limited addition City Market Collector Tins will be launched November 22, 2007. These tins will be available only through specific purchases made from Market Merchants. The first 5000 tins purchased by the Merchants Association, celebrates the 131 -year history of the Market with images of the past and the present. The tins also serve to drive customers to our website for further information about the Market's rich history. As mentioned, the tins will be used to merchandise gift packs from individual Market merchants. Customers will enjoy the added value of their purchase and have a great gift or a place to put a great gift for friends and family. Collectors and long time friends of the market will want one for themselves. A one time event in the Market will give customers a chance to purchase just the tin for $10.00 with proceeds going to the Harbour Lights Campaign. This one time event will occur during the CBC live remote at the City Market during the annual Mayor's Breakfast on December 14, 20070 The second of the series celebrates the historical landmarks of the Market: The iron gates, the scale, the historical MacDonald window, The Market Police and the Market bell. The third and fourth tins in the series will be launched at subsequent dates during Market events. We anticipate exceptional interest in this special edition collector series. Deputy Market Clerk David Drummond REPORT TO COMMON COUNCIL M & C 2007 -364 November 15, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: Drinking Water Quality — Disinfection By- Products — November Update PURPOSE In follow up to M &C 2007 -302 and M &C 2007 -332 dated September 18th and October 18th respectively, the purpose of this report is to provide Council with an update and share publicly new disinfection by- product data recently received. As discussed in previous reports, after discovering elevated levels of trihalomethanes (THMs) one of the immediate actions taken was to increase the frequency of sampling from quarterly to monthly at all 14 distribution system sampling locations for the analysis of THMs and haloacetic acids (HAAs). The first round of increased sampling occurred on September 19th as reported in the October update to Council. Additional samples were collected on October 15th in accordance with the increased monthly sampling frequency. Samples were submitted for THM and HAA analyses and the results were received from the laboratory the week of October 29th BACKGROUND Saint John Water collects samples for bacteriological, inorganic and organic analyses in accordance with; its Approval to Operate its drinking water distribution and treatment facilities and its most recent Sampling Plan. The Plan is approved and issued by the Department of Health; however, management of sampling plan information is the responsibility of the Department of Environment. At the September 24th, 2007 meeting of Common Council, a presentation was made regarding elevated levels of disinfection by- products (DBPs) that were detected as part of Saint John's regular drinking water sampling plan. Two of 14 locations from the sampling plan had M & C 2007 -364 November 15, 2007 Page 2 exceeded the maximum acceptable concentration (MAC) for total trihalomethanes which is based on a locational running average of quarterly samples. Trihalomethanes (THMs) As previously reported, trihalomethanes are formed when chlorine (the only process barrier of protection in Saint John's water treatment facilities), a disinfectant added to the drinking water to eliminate or inactivate disease causing microorganisms mixes with naturally occurring organic matter present in the water, such as decaying leaves and other vegetation. This chemical reaction forms a group of chemicals known as disinfection by- product (DBPs). The most common of these by- products are THMs. THMs include four chemical compounds: bromodichloromethane (BDCM), dibromochloromethane (DBCM), chloroform and bromoform. The Guidelines for Canadian Drinking Water Quality', published by Health Canada on behalf of the Federal — Provincial - Territorial Committee on Drinking Water (CDW), cover a wide range of water quality related parameters. Among the 85 chemical and physical parameters currently listed in the Guidelines, two are related to trihalomethanes. The first deals with total trihalomethanes, which includes all four chemical compounds — chloroform, BDCM, DBCM and bromoform. While BDCM is included in the total trihalomethane guideline, there is a second and separate guideline specifically for the bromodichloromethane (BDCM) chemical compound. Trihalomethanes — Total The maximum acceptable concentration (MAC) for total THMs in drinking water is 100 micrograms of THMs per litre of water (µg /L) — based on a locational running average of a minimum of quarterly samples taken at the point in the distribution system with the highest potential THM levels. Bromodichloromethane The maximum acceptable concentration (MAC) for BDCM in drinking water is 16 micrograms per litre of water (gg/L) monitored at the point in the distribution system with the highest potential THM levels. The formation of disinfection by- products in the distribution system are essentially a function of six variables; naturally occurring organic precursor concentration and type, chlorine type and dose, contact time (the time chlorine has to react with organic matter while in the distribution system), water pH and temperature, and bromide ion concentration. As an example, THM levels are generally lower in winter than in summer, because the amount of natural organic matter and the water temperature is lower in that season.' 1 Guidelines for Canadian Drinking Water Quality, Guideline Technical Document, Trihalomethanes, Health Canada, Ottawa, May 2006 M & C 2007 -364 November 15, 2007 Page 3 Total Haloacetic Acids (HAAs)2 The second most common group of disinfection by- products is haloacetic acids (HAAs). HAAs are a group of compounds that can also form when chlorine used to disinfect drinking water reacts with naturally occurring organic matter. As noted in the report dated September 18th, 2007, Health Canada recently completed its review of the health risks associated with haloacetic acids in drinking water. Identified health risks were assessed, taking into account new scientific studies and approaches, as well as treatment considerations. Based on this review, a "proposed" guideline has been set for total haloacetic acids in drinking water. Total Haloacetic Acids The "proposed" maximum acceptable concentration for total haloacetic acids in drinking water is 80 micrograms of HAAs per litre of water (µg/L) — based on an annual average of a minimum of quarterly samples taken in the distribution system. Every effort should be made to maintain concentrations as low as reasonably achievable without compromising the effectiveness of disinfection. While the proposed MAC of 80 µg /L has not yet been established as a guideline within the Guidelines for Canadian Drinking Water Quality, it is anticipated that it will be in the near future and, therefore, should be dealt with seriously. A member of senior staff participated in a special meeting /workshop on drinking water quality management in Ottawa, on October 18 /19th and learned that the Federal — Provincial - Territorial Committee on Drinking Water could be establishing the proposed haloacetic acid MAC as a guideline within the next few months. This demonstrates that treatment facilities need to have the appropriate processes or infrastructure in place to meet and keep pace with the ever evolving drinking water science and associated changing regulations. Although haloacetic acids are not yet included in the approved sampling plan, Saint John Water began testing Saint John's water, in conjunction with the preliminary design process for the new water treatment facilities and in anticipation of the forthcoming HAA guidelines. It is Saint Johns inability to remove naturally occurring organic matter that is at the root of the disinfection by- products problem. The way to lower THMs, HAAs and other disinfection by- products is clear and the solutions achievable; the key being to remove the organic matter from the water before it is disinfected. The means for doing this and thus having the ability to meet increasingly stringent Health Canada guidelines is to construct modern water treatment facilities. 2 Haloacetic Acids in Drinking Water, Document for Public Comment, Prepared for the Federal - Provincial - Territorial Committee on Drinking Water, Health Canada, Ottawa, July 2006 M & C 2007 -364 November 15, 2007 Page 4 It is noteworthy that without the adequate disinfection of our water supplies, health risks from microorganisms would far outweigh the risks from THMs, BDCMs, HAAs or other disinfection by- products. As stated numerous times previously, Saint Johns only means of killing or inactivating microbes and pathogens currently is by means of disinfection by chlorination. ANALYSIS Testing for trihalomethanes (THMs) as per the sampling plan normally occurs quarterly, because THM levels can vary significantly over time, including seasonally, with factors such as levels of raw water organic and water temperature. Table 1 (attached) provides a summary of total THM readings for 2005, 2006, and to date in 2007 including the results of samples collected September 19th and the most recent samples collected October 15tH Samples collected September 19th were not part of the Clean Water Act samples that are collected quarterly in accordance with the sampling plan and therefore not included in the calculation of "average last four quarters" column in Table 1. However, samples collected October 15th were part of the Clean Water Act samples and are therefore included in the calculation of "average last four quarters" column in Table 1. THM levels for the October 15th samples have declined at every sampling location from July and September results. However, as can be seen in Table 1, two of the 14 distribution system sampling locations have running annual averages of the last four quarters (Clean Water Act sampling) that are 104 and 111 which exceed the maximum acceptable concentration (MAC) of 100 µg/L total trihalomethanes. While two locations still exceed the MAC the THM decrease at every sampling location can be attributed mainly to; water temperature and laboratory testing procedures. Water Temperature As noted in the report dated September 18th, 2007, the temperature of our water sources this year reached new historical highs: 22.6 °C at Spruce Lake and 23.9 °C at Latimer Lake. The lake temperatures noted below coincide with the sample collection dates listed in Table 1. July 16th September 19th October 15th Spruce Lake 19.4 °C 16.8 °C 12.7 °C Latimer Lake 21.9 °C 17.3 °C 13.7 °C Considering that lower temperatures decrease the potential for THM formation, it is expected that the decrease in lake temperatures between the sampling periods has contributed to lower levels of these disinfection by- products. M & C 2007 -364 November 15, 2007 Page 5 Laboratory Testing Procedures It was noted in the September 18th, 2007 report that the protocol being followed by some labs for collected samples may have been problematic. When samples are collected they should be quenched as well as acidified. Quenching removes the remaining available chlorine from the water sample, and acidification prevents the further development or formation of THMs — so that the sample remains representative of the actual drinking water quality being tested. According to Health Canada and other authorities, collected water samples should be adjusted to a pH of 4.5 or lower to prevent further production of THMs during sample storage — while the sample is waiting to be analyzed. Saint John Water searched, found and has used accredited labs in Ontario to analyze samples that are both quenched and acidified, as per Health Canada guideline. As can be seen in Table 1, the September 19th sample results are shown in two columns. The column labeled "thio only" refers to the fact that sodium thiosulphate was used and therefore the samples were simply quenched. The second column notes "acid + thio" therefore indicating that samples were both quenched and acidified as recommended by Health Canada. The reason for running samples using two preservation techniques was to quantify the variation in results. This experiment clearly demonstrates that the results of acidified samples were approximately 40 to 77% of those without acid and, therefore, an obvious possible contributing factor to the elevated THM results. The October 15th samples were both quenched and acidified as per Health Canada's recommendation which reduced the possibility of erroneous readings due to the lack of sample acidification. All results including the latest round for bromodichloromethane (BDCM) fall well within the maximum acceptable concentration of 16 µg /L. Table 2 (attached) provides a summary of BDCM readings for 2005, 2006 and to date in 2007. HAA results in table 3 (attached) for the most part exceed the "proposed" maximum acceptable concentration for total haloacetic acids in drinking water of 80 µg /L. These exceedances of the proposed maximum acceptable concentration are yet further indicators that the naturally occurring organic matter will need to be removed from the source water prior to disinfection, in order to meet the forthcoming new guideline. As noted in the September 18th, 2007 report, the fluoride system at Spruce Lake went back into operation on August 23rd; the system at Latimer Lake is now scheduled to be back in service at the end of November 2007 as final system modifications are underway. Lower pH and thus lower THM formation is anticipated. Saint John Water continues to share information and consult with the Department of Health and the Department of Environment on a regular basis. In fact, a meeting was held October 30th with key representatives of both departments to provide them with the latest trihalomethane and haloacetic acid results. M & C 2007 -364 November 15, 2007 Page 6 Saint John Water operates and manages the water system with public health, safety and the quality of drinking water as its foremost priorities. Saint John Water staff continue to work diligently to address the matter of disinfection by- products. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager Table 1: Trihalomethanes Total THMs (pg /L) - 2005 Total THMs (pg /L) - 2006 Total THMs (pg /L) - 2007 Sampling Location SJLS acid only Jan SJLS acid only Apr SJLS acid only Jul SJLS acid only Oct Avg 2005 SJLS acid only Jan SJLS acid only Apr SJLS acid only Jul SJLS acid only Oct Avg 2006 SJLS acid only Jan Caduc. thin only Apr Caduc. thin only Jul SGS thio only Sept a SGS acid + thio Sept a Caduc. thio only Oct YTD Avg 2007 175 Rothesay Avenue 14 14 22 38 22 15 36 32 40 31 21 55 54 116 63 41 47 36 Park Drive 26 34 30 51 35 23 35 36 64 40 42 74 91 133 82 47 67 37 Fish Hatchery Road 10 17 25 31 21 12 21 42 19 23 14 46 74 75 30 25 38 Latimer Lake - Raw Water 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Whitebone Way 31 40 48 53 43 36 42 41 45 41 31 82 86 122 94 74 73 103 Ocean Drive - Well 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 Seaward Crescent - Well 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Spruce - Raw Water 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 320 King William Road 38 72 94 75 70 70 73 86 95 81 78 116 174 166 117 76 112 1490 Manawagonish Road 28 42 60 40 43 37 36 78 72 56 46 90 146 129 73 54 82 414 Bay Street 37 57 73 57 56 65 43 79 92 70 64 108 190 178 114 56 106 31 Green Head Road 34 50 68 51 51 38 54 82 21 49 53 107 168 144 91 60 96 120 Market Place West 37 59 74 62 58 18 62 71 27 44 33 70 108 158 119 78 82 301 Mill Road 19 16 42 33 28 18 40 66 21 36 21 57 100 94 43 N/Ab 55 399 University Avenue (not currently on sampling plan) 21 52 48 33 39 22 40 48 29 35 28 65 96 123 69 46 61 1240 Kennebecasis Drive 24 49 60 41 43 27 36 50 53 42 37 85 103 137 77 45 69 700 Woodward Avenue 23 42 49 34 37 19 42 47 33 35 31 83 110 144 78 50 70 37 Fish Hatchery Road 13 13 20 28 18 10 26 26 15 19 13 45 75 72 28 24 37 a Not Clean Water Act Samples. Results are related to additional testing and therefore not considered as part of the locational running average of quarterly samples. b The 36" watermain was shut down for planned capital improvements and therefore unable to collect a sample. Average Last Four Quarters Total THMs 43 63 40 0 68 0 0 0 84 97 72 50 59 68 68 39 Table 2: Bromodichloromethane CHBrC12- Bromodichloromethane (pg /L) - 2005 CHBrC12- Bromodichloromethane (pg /L) - 2006 CHBrC12 - Bromodichloromethane (pg /L) - 2007 Sampling Location SJLS acid only Jan SJLS acid only Apr SJLS acid only Jul SJLS acid only Oct SJLS acid only Jan SJLS acid only Apr SJLS acid only Jul SJLS acid only Oct SJLS acid only Jan Caduc. thio only Apr Caduc. thio only Jul SGS thio only Sept a SGS acid + thio Sept a Caduc. thio only Oct 175 Rothesay Avenue 1 2 2 3 2 2 1 2 3 1 1 5 4 3 36 Park Drive 2 2 3 4 2 1 1 3 4 2 3 5 5 3 37 Fish Hatchery Road (Line # 2) 1 1 3 3 2 1 2 2 2 1 2 3 3 2 Latimer Lake - Raw Water 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 Whitebone Way 3 2 3 4 3 1 1 2 3 2 3 6 6 5 103 Ocean Drive - Well 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 Seaward Crescent - Well 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Spruce - Raw Water 0 0 0 0 0 0 0 0 0 0 0 0 0 0 320 King William Road 4 3 7 5 5 2 2 4 6 4 8 9 8 5 1490 Manawagonish Road 3 2 5 3 5 1 1 4 5 3 6 6 6 4 414 Bay Street 4 2 6 5 5 2 1 4 6 3 7 8 8 5 31 Green Head Road 4 3 6 4 4 2 1 1 5 3 7 7 7 5 120 Market Place West 4 3 6 5 2 2 1 2 4 2 3 9 8 5 301 Mill Road 2 2 2 3 2 2 1 1 3 1 2 4 3 N/A b 399 University Avenue (not currently on sampling plan) 2 2 5 3 2 1 1 2 3 2 3 5 5 3 1240 Kennebecasis Drive 2 2 5 3 2 1 1 2 4 2 3 5 5 3 700 Woodward Avenue 2 2 4 3 2 2 1 2 4 2 3 5 5 3 37 Fish Hatchery Road (Line # 1) 1 1 2 3 1 1 1 1 2 1 2 3 2 2 a Not Clean Water Act Samples. Results are related to additional testing and therefore not considered as part of the locational running average of quarterly samples. The 36" watermain was shut down for planned capital improvements and therefore unable to collect a sample. Table 3: Haloacetic Acid Total HAAs (µg /L) - 2007 Sampling Location SGS SGS SGS SGS SGS Jul Aug 21st a Aug 29th Sept Oct 175 Rothesay Avenue 132 36 Park Drive .,.. 154 37 Fish Hatchery Road (Line # 1) 78 127 Latimer Lake - Raw Water 0 0 2 Whitebone Way 43 5 103 Ocean Drive - Well 0 0 14 Seaward Crescent- Well 0 0 Spruce - Raw Water 0 0 320 King William Road 176 182 1490 Manawagonish Road 131 145 414 Bay Street 155 152 31 Green Head Road 139 130 120 Market Place West 121 132 301 Mill Road 111 N/A b 399 University Avenue (not currently on sampling plan) 145 122 1240 Kennebecasis Drive 199 129 700 Woodward Avenue .,_ .... 168 121 37 Fish Hatchery Road (Line # 2) 88 129 a Samples were re- analyzed. The 36" watermain was shut down for planned capital improvements and therefore unable to collect a sample. REPORT TO COMMON COUNCIL M &C- 2007 -365 November 15, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: 76 Union Street City of Saint john Chipman Hill Suites Limited (CHSL) has recently acquired the land and building located at 76 Union Street. The building at 76 Union Street abuts against City owned land, and as such has no rear yard. The owner of CHSL has asked The City to grant a licence which would allow the company to install windows, doors, and emergency exits at the rear of the building. This licence, as attached, would permit access over City land for the purpose of installing and maintaining the infrastructure, as well as permit the encroachment onto City owned lands. The licence document calls for an annual licence fee of $500.00, a term of 20 years, the standard insurance and liability provisions, as well as a termination right of 120 days in the City's favour. RECOMMENDATION: That the City of Saint John grants a licence to Chipman Hill Suites Limited under the terms and conditions as contained in the attached document and further that the Mayor and Common clerk be authorized to execute same. submitted, .� aw fim R. Baird, MCIP Commissioner Planning and Development Attachment Terrence F. Totten, F.C.A. City Manager BETWEEN; THIS AGREEMENT made this day of November, 2007 THE CITY OF SAINT JOHN, a body corporate by Royal Charter, hereinafter called the "City" OF THE FIRST PART . and - CHIPMAN HILL SUITES LIMITED, a corporation pursuant to the Laws of the Province of New Brunswick, hereinafter called the "Company" OF THE SECOND PART WHEREAS the City is the owner of lands designated Lot 84 -3 on a certain subdivision plan fled in the Saint John County Registry Office as No. 1642, the "City lands "; and WHEREAS the Company is the owner of the premises abutting the northern sideline of the City lands, known by the civic addresses 76 Union Street & 1 Chipman Hill, Saint John, N.B.; and WHEREAS the Company wishes to construct and install windows and doors ( "unprotected openings ") in the southern exterior wall of the premises at 76 Union Street and to construct exit stairs ("combustible projections ") attached to the said southern exterior wall; and WHEREAS in order to carry out the work described in the third recital, the Company requires a license from the City to enter over and upon a 1.5 metre wide strip of land lying along the northern sideline of the City lands ( "the Licensed Lands "); and WHEREAS the City, by resolution of its Common Council meeting held on November _, 2007 has, upon the following terms and conjunctions, given such license. THIS AGREEMENT WITNESSTH that for and in consideration of the premises, the terms, covenants and conditions hereinafter set forth, the City and the Company covenant and agree each with the other subject to the terms and conditions hereinafter set out that the Company may enter over and upon the Licensed Lands for the purpose of constructing, installing, repairing and maintaining unprotected openings and for the purpose of constructing, using, repairing and maintaining combustible projections in and from the southern exterior wall of the premises designated 76 Union Street provided that -2- such purposes shall not interfere with or detrimentally affect the normal use and enjoyment by the City of the City Lands. 1. This agreement shall be for a twenty year period from November 21, 2007 to November 20, 20,7 at an annual fee of $500.00 payable on the 21 s' day of November in each and every year during the term hereof. The receipt of the fee for the year November 21, 2007 to November 20, 2008 is hereby acknowledged. 2. Prior to the commencement of any work the Company shall submit plans to the Building Inspector for the construction and 'installation of unprotected openings and the construction of combustible projections and receive written confirmation from the Building. Inspector that said submitted plans are satisfactory. Such plans, prepared by a Professional Engineer, shall include but not be limited to location, construction detail, height and any such information as may be required by the Building Inspector and the Commissioner of Planning and Development. 3, The Company shall pay for all work performed and upon completion of the work shall pay all costs incurred in any repair and maintenance. 4. In the event any Claim for Lien under the Mechanics' Lien Act is filed against the City Lands in the Saint John County Registry/ Land Titles Office in respect of any work undertaken by the Company here under, the Company shall, within fifteen (15) days of receipt of a demand from the City, cause to be filed in the said Registry/ Land Titles Office, and order vacating the filing of such Claim for Lien. 5. The City shall not be liable in any manner whatsoever for any damage to, or any loss, theft .or destruction of any property, of the death of or injury to any person which may result from any activities of the Company herein permitted at any time from any cause whatsoever, and whether direct, indirect or consequential, unless directly occasioned by the negligence of other tortuous act of the City, its employees, servants or agents. b. The Company shall insure and maintain Commercial - Gener -al Liability Insurance against liability for bodily injury/ death and property damage that may arise with respect to the construction, use/ misuse of maintenance of any -3- unprotected opening or combustible projection constructed pursuant to this agreement. Such insurance shall have a minimum inclusive limit of $2,000,000.00 with the City as an additional insured. The Company shall deliver to the City within 30 days of the execution of these presents and thereafter annually or before November 21" in each year during the term hereof a Certificate of Insurance which shall include a commitment by the insurer to the City that the insurance policy(s) shall stay in force and not be amended, cancelled or allowed to lapse without 30 days prior written notice being given to the City. 7. The Company shall save harmless and indemnify the City from and against all loss, damage or injury of any nature, kind or description whatsoever, and from all damages, claims, demands, actions, suits and other proceedings by whomsoever made, brought or prosecuted in any manner based upon or arising out of or connected with any activities of the Company as herein permitted, unless such loss, damage or injury, or such claims, demands, actions, suits or other proceedings are due to the negligence of the City or that of its servants, agents or employees. 8. The City shall have the right to restrict and prohibit the use and enjoyment of any combustible projection at anytime that the City, at its sole discretion, determines that there exists, or is likely to exist, an emergency or threatening circumstance wherein damage to person or property exists, may exist or may possibly arise, for such time as may be reasonable in the light of prevailing circumstances. 90 Should the City, or any future owner of the City lands, require the Licensed Lands in connection with the development of the City Lands, this agreement can be terminated upon notice of 120 days without compensation or relocation costs. 100 In the event that the annual fee is not paid by the Company as hereinbefore required and remains unpaid for a period of 30 days after any of the days upon which the same ought to have been paid this agreement automatically terminates without notice required from the City. 11. And further should the Company be in breach of any clause herein, other than the requirement for an annual payment and such breach continue-for 15-days after written notice thereof has been given to the Company by the City then on the sixteenth day after written notice this agreement terminates. -4- 12. Upon termination of the agreement, the Company shall forthwith and at the discretion of the City, cover over the unprotected openings and remove any combustible projection. Failure by the Company to so cover up unprotected openings and remove any combustible projection shall permit the City at the account of the Company, to cover up unprotected openings and remove any combustible projection and the Company shall have no recourse against the City. 13. Any notice given to the City by the Company shall be given in writing and delivered personally or by prepaid registered mail or by telecopy addressed to the City at the following address: The Common Clerk City of Saint John 15 Market Square P.O. Box 1971 Saint John, N.B: E2L 4L1 Any notice given to the Company by the city shall be given in writing and delivered personally or by prepaid registered mail or by telecopy addressed to the Company at the following address: 9 Chipman Hill Saint John, N.B. E2L 2A7 Notice shall be sufficiently given if delivered by courier or if mailed by prepaid registered mail to the above address or to such other place as may be specified from time to time in writing by either the City or the Company. Any notice or other document, if delivered by courier, shall be deemed to have been given or made on the date delivered, of the date that a confirmation of receipt was recorded by the centre, and if mailed, on the third business day following the date on which it was mailed. In the event of an actual or imminent disruption of postal service in Canada, the notice shall be delivered by courier. 14. No change or modification of this License shall be valid unless it be in writing and signed by the City and the Company. 15, This License shall be governed by and construed in accordance with the laws of the Province of New Brunswick. - - - -5- 16. This License is not intended to create any right in the nature of an easement or right -of- -way and will be constructed only as a license and does not prevent the City from imposing, charging, claiming or levying any rate, tax, lien, assessment, or levy of any description whatsoever against the Company, its successors and assigns, by reason of the construction or presence of the Work previously granted hereunder. 17. This Agreement shall inure to the benefit of and be binding upon the City and the Company, their respective successors and assigns. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed by their duly authorized signing officers and their seals affixed, the day and year first herein written. SIGNED, SEALED & DELIVERED ) } THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: 2007 CHIPMAN HILL LIMITED REPORT TO COMMON COUNCIL M & C — 2007 -361 November 15, 2007 His Worship Mayor N. M. McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of City Land -149 Germain St. West BACKGROUND: This property is located in the City's Lower West Side, having a lot width of 50 feet and 100 feet in depth. A two -unit dwelling is situated on the property. The City of Saint John entered into an agreement with Stella M. Fagan in April 1933, to lease the above noted land in 7 year renewable terms at a rent of $25.00 annually. This lease has been assigned to other parties over the years. The most recent assignment was to Thomas Francis and Rhonda Elizabeth Lynch. ANALYSIS: City of Saint John Recently, Mr. Brian Delaney, on behalf of his client Rhoda Lynch has approached Real Estate Services with a request to acquire the freehold interest in the subject property. The lease agreement for this property is not uncommon as there are a number of similar lease agreements which the City granted, dating back to the late 1800's. The annual monies received from this lease agreement are currently payable in two instalments; May 1 St and November 1 st of each year. The administrative time involved to process these payments for the nominal amount of $25.00 annually is not considered to be an effective use of City staff resources. Considering the City staff time involved in administering this agreement and the nominal monies involved, it would seem reasonable that the City consider selling the property to the Lessee. Report to Common Council Page 2 November 15, 2007 The Lease suggests an appraisal should be secured on behalf of both the Lessor and Lessee to determine any sale value. A formal appraisal has not been prepared for this property. In similar situations, it has been the City's practice to value these Leasehold parcels at 50 per cent of the Fee Simple value. Recent sales of this type of property have been valued at or about $15,000.00. This parcel will be encumbered by a Municipal Services Easement of 53 sq. m. +/- (550 sq. ft. + / -) at the right rear portion of the lot. As such a discount of $400.00 on the purchase price is appropriate. Using the practice of applying 50 % to the value, a selling price of $7,500.00 can be supported, less the $400.00 easement discount results in a final sale price of $7,100.00 If Council is in agreement with the above noted report, the following recommendation will accommodate the sale of this property. RECOMMENDATION: 1. That the City of Saint John sells it's Leasehold Interest in PID 367870 to Rhoda Lynch for the sum of $7,100.00 plus HST if applicable subject to a 53 sq. m +/- Municipal Services Easement (as shown on the attached plan); and further. 2. That the Mayor and Common Clerk be authorized to execute all documents required to complete this sale of land. Respect);ully submitted, Jim R. Baird, MCIP and Development Terrence Totten, F.C.A. City Manager Q a� a� g �/y e d � Y 4 m 91 m � ��yB =� jaaiR�!iillli�t•!gj•r���7s %� a �gYyas ■ d� '� Y w,,s Q a� a� g �/y e d � Y 4 m 91 m � ��yB =� jaaiR�!iillli�t•!gj•r���7s %� REPORT TO COMMON COUNCIL M & C — 2007 -366 November 16, 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Sand & Gravel BACKGROUND: CiLy of .SaiRl Johu Each year the City calls a tender for the establishment of a supply agreement for the provision of sand, gravel and aggregate. The purpose of this agreement is to provide the City with a constant supply of materials, which meets its specifications, at a fined cost. Six companies submitted bids in response to this year's tender call. ANALYSIS: Staff from Municipal Operations and Materials Management has reviewed each of the tenders and have found them to be complete in every regard. As a condition of award, bidders are to provide the location of the pits to be employed to supply the products bid. A copy of these addresses is submitted to the Building and Technical Services Department for review and compliance with any City Bylaws pertaining to Pits and Quarries. Staff have been advised that all of the pits submitted by the bidders are in compliance with the bylaw. A summary of the bids is enclosed for Council's consideration. PAGE TWO FINANCIAL CONSIDERATIONS: It is impossible to predict with any degree of accuracy, how much the City will spend annually to purchase the materials covered by this agreement. It is estimated however, based on past experience with all user departments, that the City will spend between $250,000.00 and $300,000.00 to purchase sand, gravel, sod, top soil and aggregate materials. This is a planned expenditure and as such funds are traditionally included in the affected budgets. RECOMMENDATION: It is recommended that the tender for the establishment of a supply agreement for the provision of sand, gravel and aggregate be awarded to the lowest bidder for each of the items tendered, as indicated on the enclosed summary. Respectfully submitted, David Logan, CPPB Purchasing Agent T. L. Totten, FCA City Manager City of Saint John Tender Results 2007- 561004T Sand, Gravel & Aggregates PRICE PER METRIC TONNE * Tridicatec Recommendation Galbraith LaFarge ITEM Gulf Maritime Brookville Thomas 2006 TYPE CONDITIONS Construction Construction NO. Operators Sod Ltd. Manufacturing Construction Prices Ltd. Ltd. PIT RUN GRAVEL (GRANULAR `B ") IA PIT RUN LOADED AT PIT - - - - - $3.25 * 3.00 GRAVEL EAST 1C PIT RUN DELIVERED - - $4.95 * - - $7.25 4.75 GRAVEL CITY CENTRAL 1D PIT RUN DELIVERED - - $4.95 * - - $7.00 4.75 GRAVEL CITY EAST lE PIT RUN DELIVERED - - $4.95 * $7.85 - $7.50 4.75 GRAVEL CITY WEST PIT RUN GRAVEL (GRANULAR "A ") 2A CRUSHED LOADED AT PIT - - - - - $5.25 * 5.00 GRAVEL EAST 213 CRUSHED LOADED AT PIT $8.00 * - - - - - 8.00 GRAVEL WEST 2C CRUSHED DELIVERED $10.50 - $6.95 * - - $7.25 6.75 GRAVEL CITY CENTRAL 2D CRUSHED DELIVERED $11.50 - $6.95 * - - $7.00 6.50 GRAVEL CITY EAST 2E CRUSHED DELIVERED $10.50 - $6.95 * $10.85 - $7.50 6.75 GRAVEL CITY WEST * Tridicatec Recommendation ITEM Galbraith LaFarge Brookville Thomas 2006 NO. TYPE CONDITIONS Gulf Maritime Construction Construction Manufacturing Construction Prices Operators Sod Ltd. Ltd. Ltd. SAND 3A SAND LOADED AT PIT - - - - - $3.25 * 3.00 EAST 3C SAND DELIVERED - - $6.25 5.40 CITY CENTRAL $5.50 * 3D SAND DELIVERED CITY EAST - - $5.50 * - - $6.00 5.25 3E SAND DELIVERED 5.50 CITY WEST - - $5.50 * $14.30 - $6.50 CRUSHED ROCK (MINUS) 4A 6MM (1/4) LOADED ON MINUS TRUCKS $8.50 * - - - $12.48 - 8.10 4B 6MM (1/4) DELIVERED MINUS CITY C ENTRAL $11.00 * - $12.75 - - - 10.10 4C 6MM (1/4) DELIVERED MINUS CITY EAST $12.00 * - $13.25 - - - 1 1 10 4D 6 MM (1/4) DELIVERED MINUS CITY WEST $11.00 * - $12.00 - - - 8.60 5A 19 MM (3/4) LOADED ON MINUS TRUCKS $8.50 - - - $7.74 * - 8.00 513 19 MM (3/4) DELIVERED MINUS CITY CENTRAL $11.00 * - $11.25 - - - 10.00 5C 19MM (3/4) DELIVERED MINUS CITY EAST $12.00 - $11.75 * - - - 11.00 5D 19MM (3/4) DELIVERED MINUS CITY WEST $11.00 - $10.50 * - - - 9.50 CRUSHED ROCK (CLEAR / MIX CLEAR) 6A 13 MM (1/2 ") LOADED ON CLEAR TRUCKS $9.00 - - - $8.49 * - 8.60 613 13 MM (1/2 ") DELIVERED CLEAR CITY CENTRAL $11.50 * - $12.75 - - - 10.60 * Indicate-, Recommendation - 7 - * Tndicates Recnmmencintinn - 3 - Galbraith Thomas ITEM TYPE CONDITIONS Gulf Maritime Construction LaFarge Brookville Construction 2006 NO. Operators Sod Ltd. Canada Manufacturing Ltd. Prices Inc. 6C 13 MM (1/2 ") CLEAR DELIVERED CITY EAST $12.50 * - $13.25 - - - 11.60 6D 13 MM (1/2 ") CLEAR DELIVERED CITY WEST $11.50 * - $12.00 - - - 10.10 6E 19MM (3/4) CLEAR LOADED ON TRUCKS $8.75 * - - - $12.48 - 8.25 6F 19MM (3/4) CLEAR DELIVERED CITY CENTRAL $11.25 * - $12.75 - - - 10.25 6G 19MM (3/4) CLEAR DELIVERED CITY EAST $12.25 * - $13.25 - - - 11.25 6H 19MM (3/4) CLEAR DELIVERED CITY WEST $11.25 * - $12.00 - - - 9.75 61 51 MM (2 ") CLEAR LOADED ON 8.00 TRUCKS $8.50 * - - - - 6J 51MM (2 ") CLEAR DELIVERED 10.00 CITY CENTRAL $11.00 * - $14.75 - $12.48 - 6K 51MM (2 ") CLEAR DELIVERED 11.00 CITY EAST $12.00 * - $15.25 - - - 6L 51MM (2 ") CLEAR DELIVERED 9.50 CITY WEST $11.00 * - $14.00 - - - 6M 3 8M -19MM (1 'h "- LOADED ON 3/4 ") MIX CLEAR TRUCKS $9.00 * - - - $12.48 - 8.25 6N 3 8M -19MM (1 ' /z "- DELIVERED 10.25 3/4 ") MIX CLEAR CITY CENTRAL $11.50 * - $14.75 - - - 60 38MM -19MM (1 ' /z "- DELIVERED 11.25 3/4 ") MIX CLEAR CITY EAST $12.50 * - $15.25 - - - 6P 3 8M -19MM (1 'h "- DELIVERED 3/4 ") MIX CLEAR CITY WEST $11.50 * - $14.00 - - - 9.75 SCREENED OR CRUSHED GRAVEL 7A 9MM (3/8 ") LOADED ON TRUCKS $9.00 * - - - _ 8'50 713 9MM (3/8 ") DELIVERED CITY CENTRAL $11.50 - $10.00 10.50 * Tndicates Recnmmencintinn - 3 - ITEM TYPE CONDITIONS Gulf Maritime Galbraith LaFarge Brookville Thomas 2006 Prices NO. Operators Sod Construction Canada Inc. Manufacturing Construction Ltd. Ltd. 7C 9MM (3/8 ") DELIVERED 10.50 CITY EAST $12.50 - $11.00 - 7D 9MM (3/8 ") DELIVERED CITY WEST $11.50 - $9.75 - 10.00 7E 13MM (1/2 ") LOADED ON TRUCKS $9.00 8'75 7F 13MM (1/2 ") DELIVERED CITY CENTRAL $11.50 - $10.25 - 10.75 7G 13MM (1/2 ") DELIVERED CITY EAST $12.50 - $11.25 - 11.50 7H 13MM (1/2 ") DELIVERED CITY WEST $11.50 - $10.00 * $17.05 - - 10.25 71 19MM (3/4 ") LOADED ON TRUCKS $8.75 8'25 U 19MM (3/4 ") DELIVERED CITY CENTRAL $11.25 - $10.00 * 10.25 7K 19MM (3/4 ") DELIVERED CITY EAST $12.25 - $11.00 * - - - 11.25 7L 19MM (3/4 ") DELIVERED CITY WEST $11.25 - $9.50 * - - - 9.75 7M 51MM (2 ") LOADED ON TRUCKS $8.25 7'75 7N 51MM (2 ") DELIVERED 9.75 CITY CENTRAL $10.75 - $9.50 * - - - 70 51MM (2 ") DELIVERED CITY EAST $11.75 - $10.50 - 10.75 7P 51MM (2 ") DELIVERED CITY WEST $10.75 - $9.00 9.25 7Q 3 8M -19MM (1 -1/2 "- LOADED ON 3/4 ") TRUCKS $8.50 8.00 7R 3 8M -19MM (1 -1/2 "- DELIVERED 3/4 ") CITY CENTRAL $11.00 - $9.75 - 10.00 7S 3 8M -19MM (1 -1/2 "- DELIVERED 3/4 ") CITY EAST $12.00 - $10.75 11.00 * Tndicatec Recommendation - 4 - ITEM NO. TYPE CONDITIONS Gulf Maritime Galbraith LaFarge Brookville Thomas 2006 Prices Operators Sod Constructin Canada Manufacturing Construction Ltd. Inc. Ltd. 7T 38MM -19MM (1- 1/2 " -3/4 ") DELIVERED CITY WEST $11.00 - $9.25 * - - - 9.50 TOPSOIL 8A TOPSOIL (CU YD) DELIVERED CITY - $11.45 * - - - $13.00 11.45 CENTRAL 813 TOPSOIL (CU YD) DELIVERED - $11.45 * - - - $13.00 11.45 CITY EAST 8C TOPSOIL (CU YD) DELIVERED - $11.45 * - - - $13.00 11.45 CITY WEST 8D TOPSOIL (CU YD) LOADED ON - $11.45 * - - - - 9.45 TRUCKS SOD 9 SOD $1.78 * SQ.M - - - - 1.85 TOPDRESSING SAND 10A TOPDRESSING SAND DELIVERED CITY EAST $15.00 * $16.80 - - New lOB TOPDRESSING SAND DELIVERED CITY $16.50 * - $16.55 _ New CENTRAL 10C TOPDRESSING SAND DELIVERED CITY WEST $18.00 - - $16.30 * - - New PLAYGROUND / BEACH SAND / INFIELD MIX 11A PLAYGROUND /BEACH DELIVERED SAND CITY EAST $17.00 - - $15.05 * - - 11.00 11B PLAYGROUND /BEACH DELIVERED SAND CITY $18.50 - - $14.80 * _ 12.00 CENTRAL 11C PLAYGROUND /BEACH DELIVERED SAND CITY WEST $20.00 - - $14.55 * - - 13.75 * Indicate-, Recommendation - 5 - * Indicates Recommendation - 6 - 2006 ITEM TYPE CONDITIONS Gulf Maritime Galbraith LaFarge Brookville Thomas Prices NO. Operators Sod Constructin Canada Manufacturing Construction Ltd. Inc. Ltd. 12A INFIELD MIX DELIVERED EAST - $13.45 * - - - $15.00 13.00 12B INFIELD MIX DELIVERED CENTRAL - $13.45 * - - - $15.00 13.00 12C INFIELD MIX DELIVERED WEST - $13.45 * - - - $15.00 13.00 * Indicates Recommendation - 6 - REPORT TO COMMON COUNCIL M & C — 2007- 362 16 November 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender — Drainage Controls Lily Lake Pavilion BACKGROUND: f City of saint J1--oh iI Tenders have been received from four local contracting firms for the provision of all necessary labour, materials and equipment required to correct drainage problems associated with the restoration of the Lily Lake Pavilion. It was learned in the Spring of 2007 that a situation exists with the foundation of the structure that allows ground water, when available in sufficient quantities, to leak into the basement of the facility. Since it is the intention of the operators of that facility to utilize all of the available space, it is necessary to address this problem before the spring of 2008, in order to avoid further damage to the structure and its contents. ANALYSIS: In addition to advertising this tender on the City of Saint John web page, copies of the tender call were distributed to a number of local contracting firms. This action resulted in the receipt of four bids each of which has been reviewed by staffs of the Municipal Operations Department and Materials Management. The bids have all been found to be complete in every regard. The following list of the bids received is being presented for Council's consideration; PAGE TWO ANALYSIS ... Cont'd; L.Halpin Excavating Ltd. $269,618.55 Maguire Excavating Ltd. $266,908.20 Galbraith Construction ltd $235,182.00 Gulf Operators Ltd. $196,866.60 *Engineers Estimate $140,000.00 FINANCIAL IMPLICATIONS: This project is necessitated by the need to protect the structure and contents of the Lilly Lake Pavilion and requires completion before the spring of 2008. Funds to cover the cost of this project were not specifically identified in the 2007 Capital budget, however given the timing of this tender call and the fact that the project will not be substantially completed until 2008, staff is requesting Council's pre - approval of funding for this project in the 2008 Capital Budget. RECOMMENDATION: It is recommended that the tender, for the supply of all necessary labour , materials and equipment required to supply drainage controls to the Lily Lake Pavilion, submitted by Gulf Operators Ltd., in the amount of $196,866.60, be accepted and further that Council pre- approve the inclusion of funding to cover the cost of this project in the 2008 Capital Budget. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL .a Ci[y of 5atu7 10hn M & C — 2007 -363 15 November 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for the Supply of Computers BACKGROUND: Tenders have been received for the renewal of a supply agreement for the provision and implementation of desktop and notebook computers required for the continual refresh of this infrastructure. This is a recurring supply agreement which allows for the purchase of new desktop and notebook computers necessary to keep up with the demands of technology and the individual end users. This agreement allows for the continuation of the desktop refresh program initiated in 2001, which allows the organization to stay current with these technologies while promoting maximum business computing efficiencies. The original supply agreement was presented and adopted by Council in 2001 and has effectively met the needs of the organization since its inception. ANALYSIS Two companies responded to the tender call by submitting bids. Enclosed with this report is a summary of the prices offered by each for the supply of the four models of computers required by the City. The first level required is considered a standard level desktop PC which provides the equivalent functionality required by most end users. The second level of machine is the most powerful and will find use only in a limited number of applications. The third is a notebook for the mobile end users and fourth a specialized rough duty notebook for outdoor mobile applications. As a condition of this tender call, bidders were advised that price would not be the only factor taken into consideration for the award of this supply agreement. Of equal importance were: Quality — quality assurance and image testing prior to delivery; Warranty — manufacturer warranty and the process to exercise; Installation — project planning start to finish on bulk fleet install and decommission. To this end it was established and communicated to the bidders that this tender would not be split along the lines of lowest individual item pricing. PAGE TWO ANALYSIS ... Cont'd: Staff, after a through evaluation of the bids received has determined that Cox Electronics clearly illustrated the best understanding of the City's requirements for supply and installation of the equipment. Cox has met and in some cases exceeded all of the tender requirements and specifications. In addition to this, Cox Electronics and Communications submitted the lowest bid for the supply and installation of 3 of the 4 computers identified. These models constitute the majority of the units that will be purchased. The level 3 units have limited application and therefore represent the minority cost associated with this program. Staff, based on the requirements of the tender and their evaluation of the various aspects of the bids, has concluded that the bid which best meets the overall needs ofthe City of Saint John, was submitted by Cox Electronics and Communications. FINANCIAL IMPLICATIONS: The term of this agreement is for 24 months, commencing upon the date of award by Council, with an option for an extension, upon successful review by the staff, of up to 12 additional months. There are currently 505 desktop computers and notebooks in use within the organization that will be replaced over the next three years. It is estimated that the City will spend approximately $240,000.00 in 2008, as part of this program. This is an ongoing requirement and as such funds will be identified in the capital and operating budgets. RECOMMENDATION: It is recommended that the tender submitted by Cox Electronics and Communications for the establishment of a supply agreement for the provision of level 1 and level 2 desktop computers, notebooks, and rough duty mobile computers for a period of 24 months, with an option for review and extension, for an additional term of up to 12 months, be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager City of Saint John Summary of Bids Tender 2007- 702504T Supply of Computers Estimated Yearly Quantity Computer Level plus Installation Cox 's Electronics Xwave 115 Level 1 - Desktop $1006.95 $1354.93 10 Level 2 - Desktop $1105.95 $1759.57 30 Level 3 -Notebook $2187.95 $2023.47 7 Level 4 - Toughbook Model 74 $3209.95 $3209.97 8 Level 4 - Toughbook Model 30 $4965.95 $5028.68 * Indicates Recommendation November 19, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Councillors: SUBJECT: Communications Services Emergency Medical Services — Atlantic Health Sciences Corp. BACKGROUND In 1996, the City and the Atlantic Health Sciences Corporation (AHSC) entered into an agreement whereby the Public Safety Communications Centre provides communications services for the emergency medical services (EMS) operating from the Saint John Regional Hospital. The current agreement expires on November 30, 2007. The Province has decided to move to a new model of delivering EMS services. On December 16`", 2007 all communications services for EMS will be centralized in Moncton and will be operated by a new entity known as EMS New Brunswick. The purpose of this report is to receive Council's approval of a Letter of Agreement with AHSC to extend the current service provided from the PSCC until December 16`", 2007. ANALYSIS As of December 16`", 2007, all requests for EMS services will be processed from a communications centre in Moncton. Staff have been working closely with Medavie -Blue Cross, the company that will manage and operate the new system, in the transitioning from the current communications services model to the new model. Since the agreement with AHSC ends prior to the start of the new delivery model, AHSC has requested that the City extend the current arrangement for providing communications services. Report to Common Council November 19, 2007 Page 2 RECOMMENDATION It is recommended that Common Council approve the attached Letter of Agreement with Atlantic Health Sciences Corporation relative to the provision of communications services for the emergency medical service and authorize the Mayor and Common Clerk to execute the letter on behalf of the City. Respectfully submitted, W. D. Todd Director, Information Systems and Support Terrence Totten, FCA City Manager LETTER OF AGREEMENT President and Chief Executive Officer Atlantic Health Sciences Corporation P.O. Box 5200 Saint John, N.B. E21- 41-4 Dear sir /madam; The City of Saint John (the "City') and Atlantic Health Sciences Corporation (the "Corporation ") entered into an Agreement effective December 01, 2006 whereby the City's Public Safety Communications Centre provides communications services to the Corporation for the Corporation's delivery of ambulance services. Said Agreement is effective from December 1, 2006 until November 30, 2007. As there is a need to extend the term of the aforemention Agreement, the parties to the said Agreement therefore agree as follows: 1. That the term of the said Agreement will t midnight. 2. That the fee for the services which wilkA 1, 2007 and December 15, 2007 shall be City to have Aliant modify the tel one a Safety Communications Centre. 3. That the Letter of Agreement shall s respective successors ao0aftigns the ed December 15, 2007 at ed by tM City between December .00 plus any costs incurred by the o systems within the Public Ohe benefit of and be binding on the rties. The City of Saint John N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: Letter of Agreement confirmed and acknowledged as of the day of November, 2007. Atlantic Health Sciences Corporation President and Chief Executive Officer REPORT T November 19, 2007 His Worship Mayor Norm M and Members of Common C( Your Worship and Members SUBJECT: 225 PRINCE Attached, please find an early to a site at 225 Prince William RECOMMENDATION: That the Mayor and Common, Terrence L. Totten, FCA CITY MANAGER ENCLOSURE OMMON COUNCIL I i STREET greement that would allow Ellerdaleperties Ltd. access )r the purpose of inspection, survey and testing. i be authorize to xecute the attached agreement. THIS AGREEMENT made this day of November, 2007. I BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Act of the Legislative Assembly of the Province of New Brunswick, hereinafter t e "City" OF THE FIRST PI RT and - ELLERDA E PROPERTI'D, hereinafter the "Comp y" THE SECOND PART WHEREAS the City i the owner o gnated by Service New Brunswick as PID 00006676 (the "Lands'); and WHEREAS th6 Com seeks access o the Lands to carry out inspections, surveys and testing, and WHEREAS by re" sq o adopted at a eeting of the Common Council of the City of Saint John held Nove b r 2007 gi es to the Company access to the Lands to carrjyt inspections, surveys _, and testing u on such terms and conditions as are heretd.A of W out; 1 T Company, by its u rized representatives, with such eq ipment as may be necessary I a right of access t , in and upon th Land s at any time rovided such right is exercised w4f.h little disturbance as possible o Transit and does Oot unduly interfere with the Transit's use of the Lands at such time and for such purposes hereinafter set out: a) the right of ac es s to allow the Company to cant' o t such inspections, surveys, testin s d environmental audits as the C ;parry shall deem necessary; b) the right of ac es o, in and upon he Lands shall terminate at 11:59 p.m. local time on t e day of June, 008; c) any entry to, notice to the d) any entry by and expense to the Lands; e) the Company the Company the City as a general liabilil cross liability than Two Mill provide that cancelled or a] being given to remain in full: f) the Comp indemnifies arising by j IN WITNESS duly executed by the affixed hereto the day &] E Access Agreem�nt -2- upon the Lan is shall require 24 hours prior written mager of the City; ;half of the Co npany shall be at it and their risk, cost Company shal make good any anc all damage caused )t exercise an access in, to and upon the Lands until eliver to the ity a Certificate o k InWance naming :ional insured, evidencing a cy of , mmercial rage on an " m occurrence'.'= is and cMUaining a "RIeN. which policy must have att,inclii" ',; e limit v�not less ,000,000.00) Dollars. -,The afores *Certifi to must very a shall stay '" g y in" force yud not a amended, to lapse without thirty days r9r Written notice ty Manager. The aforesaidl.jusurqno I e coverage must id effect during the entire termllhpfj his Agreement; tself "and r s authorized repr sentatives hereby s harmless 060ty from and gainst all matters the ftercise by e Company ot by its authorized right siuen y the Agreement. 'parties h eto have caused these presents to be zed office s and their respect ve corporate seals CITY OF SAINT N.M.I McFarlane, Mayor J. Paock Woods, Common Clerk Council Resolution: r 2007. Access Agreement -3- ELLERDALE PROPERTIES LTD. Per: John PROCLAMATION WHEREAS: the consequences of addiction affect all of us; and WHEREAS: addiction includes forms (alcohol, drugs and gambling); and WHEREAS: addiction affects all age groups -youth and adults; and WHEREAS: addiction is a widespread social issue; and WHEREAS: PASAGE SAINT JOHN is a charitable organization whose mission is the prevention of adolescent addiction; NOW THEREFORE: I, Mayor Norm McFarlane, _ of Saint John do hereby proclaim the week of November 18 -24, 2007 as "National Addictions Awareness Week" in the City of Saint John and encourage all citizens to acknowledge PASAGE SAINT JOHN and all others who strive to prevent addictions. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: Diabetes is a serious condition affecting more than two million Canadians and is a leading cause of death by disease; and WHEREAS: There continues to be an urgent need to create awareness and provide education to help prevent or delay the onset of type II diabetes; and WHEREAS: The Canadian Diabetes Association has been instrumental in improving the lives of people affected by diabetes through diabetes research, education, service and advocacy; and WHEREAS: The Canadian Diabetes Organization and the Juvenile Diabetes Research Foundation have partnered together with the United Nations General Assembly to designated the month of November to be Diabetes Awareness Month and November 14 to be World Diabetes Day in order to raise public awareness of Diabetes. NOW THEREFORE: I, Mayor Norm McFarlane, of Saint John do hereby proclaim November shall be designated as Diabetes Awareness Month and November 14th, 2007 as World Diabetes Awareness Day, in the City of Saint John and do commend this thoughtful and respectful observance to all the citizens of our province. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. NOTICE OF INTENTION TO AMEND THE BUSINESS IMPROVEMENT AREA BY -LAW Notice is hereby given that the Common Council of the City of Saint John has been requested by the Board of Directors of Uptown Saint John Inc., to amend the Saint John Business Improvement Area By -law. Common Council intends to consider giving first and second readings to the proposed amendment at its regular meeting to be held on Monday, November 19, 2007 at 7:00 p.m. in the Common Council Chamber in City Hall, 15 Market Square, Saint John, N.B. and will hear objections at that time. Written objections to the proposed by -law must be filed with the Common Clerk on or before that date. AVIS DE L'INTENTION DE MODIFIER L'ARRETE RELATIF A LA ZONE D'AMELIORATION DES AFFAIRES Par les pr6sentes, un avis est donn6 selon lequel le conseil d'administration de Uptown Saint John Inc. a demandd au conseil communal de The City of Saint John de modifier Farr&6 relatif l la zone d'am6lioration des affaires. Le conseil communal indique son intention de faire In premiere et la deuxieme lecture au projet de modification lors de la r6union ordinaire qui se tiendra dans la salle du conseil a ]'Hotel de ville, an 15 Market Square, Saint John, N. -B. le lundi 19 novembre 2007 a 19h. Le conseil recevra les oppositions e cc projet de modification cette meme date. Les oppositions 6crites au projet de modification doivent titre d6pos6es aupres du greffier communal avant cette date. The proposed by -law will expand the business La modification proposee engloberait la zone improvement area to include the following properties: d'am6lioration des affaires qui inclut les propri6te's suivantes : Civic Address PID Pan Adresse municipale : NID NAP 0 CARLETON ST 37689 1629598 0, RUE CARLETON 37689 1629598 0 CARLETON ST 37739 1629645 05 RUE CARLETON 37739 1629645 0 CARLETON ST 37747 1629653 0, RUE CARLETON 37747 1629653 53 CARLETON ST 37705 1629611 53, RUE CARLETON 37705 1629611 54 CARLETON ST 37515 1629425 545 RUE CARLETON 37515 1629425 57 CARLETON ST 55033765 3611583 57, RUE CARLETON 55033765 3611583 59 CARLETON ST 55033765 3611583 59, RUE CARLETON 55033765 3611583 101 CARLETON ST 37622 1629530 101, RUE CARLETON 37622 1629530 122 CARLETON ST 37572 1629483 122, RUE CARLETON 37572 1629483 0 CHIPMAN ST 37465 1629378 0, RUE CHIPMAN 37465 1629378 0 CHIPMAN ST 37481 1629394 09 RUE CHIPMAN 37481 1629394 44 COBURG ST 15487 1634399 44, RUE COBURG 15487 1634399 21 COBURG ST 38265 1630052 21, RUE COBURG 38265 1630052 31 COBURG ST 38281 1630078 31, RUE COBURG 38281 1630078 34 COBURG ST 15446 1634357 34, RUE COBURG 15446 1634357 38 COBURG ST 15461 1634373 38, RUE COBURG 15461 1634373 40 COBURG ST 15479 1634381 405 RUE COBURG 15479 1634381 42 COBURG ST 15487 1634399 429 RUE COBURG 15487 1634399 7 DORCHESTER ST 39966 1631058 7, RUE DORCHESTER 39966 1631058 9 DORCHESTER ST 38075 1629946 95 RUE DORCHESTER 38075 1629946 12 DORCHESTER ST 38034 1629904 12, RUE DORCHESTER 38034 1629904 19 DORCHESTER ST 38083 1629954 19, RUE DORCHESTER 38083 1629954 20 DORCHESTER ST 38018 3817197 20, RUE DORCHESTER 38018 3817197 26 DORCHESTER ST 38000 3817197 269 RUE DORCHESTER 38000 3817197 29 DORCHESTER ST 38109 1629970 29, RUE DORCHESTER 38109 1629970 31 DORCHESTER ST 38117 1629988 31, RUE DORCHESTER 38117 1629988 34 DORCHESTER ST 37986 1629857 34, RUE DORCHESTER 37986 1629857 43 DORCHESTER ST 37622 1629530 43, RUE DORCHESTER 37622 1629530 66 DORCHESTER ST 37952 3819254 66, RUE DORCHESTER 37952 3819254 68 DORCHESTER ST 37945 3819254 68, RUE DORCHESTER 37945 3819254 69 DORCHESTER ST 39677 1630329 69, RUE DORCHESTER 39677 1630329 72 DORCHESTER ST 39644 3819254 72, RUE DORCHESTER 39644 3819254 74 DORCHESTER ST 39636 3819254 749 RUE DORCHESTER 39636 3819254 75 DORCHESTER ST 39685 1630329 759 RUE DORCHESTER 39685 1630329 12 HAZEN AV 37457 1629360 12, AVENUE HAZEN 37457 1629360 9 PEEL ST 37473 1629386 99 RUE PEEL 37473 1629386 10 PEEL ST 37754 1629661 10, RUE PEEL 37754 1629661 11 PEEL ST 37473 1629386 11, RUE PEEL 37473 1629386 25 PEEL ST 37762 1629679 255 RUE PEEL 37762 1629679 20 PETERS ST 12310 4733168 205 RUE PETERS 12310 4733168 221 PRINCE WILLIAM ST 6114 1623275 221, RUE PRINCE WILLIAM 6114 1623275 227 PRINCE WILLIAM ST 6676 4602935 227, RUE PRINCE WILLIAM 6676 4602935 229 PRINCE WILLIAM S'C 6676 4602935 229, RUE PRINCE WILLIAM 6676 4602935 240 PRINCE WILLIAM ST 6072 1623233 240, RUE PRINCE WILLIAM 6072 1623233 242 PRINCE WILLIAM ST 6072 1623233 242, RUE PRINCE WILLIAM 6072 1623233 244 PRINCE WILLIAM ST 6072 1623233 244, RUE PRINCE WILLIAM 6072 1623233 246 PRINCE WILLIAM ST 6072 1623233 246, RUE PRINCE WILLIAM 6072 1623233 4 QUEEN ST 6072 1623233 45 RUE QUEEN 6072 1623233 0 SEWELL ST 39735 1630890 0, RUE SEWELL 39735 1630890 0 SEWELL ST 55033773 5726392 0, RUE SEWELL 55033773 5726392 11 SEWELL ST 39826 1630989 11, RUE SEWELL 39826 1630989 15 SEWELL ST 39818 1630971 15, RUE SEWELL 39818 1630971 19 SEWELL ST 38612 1630345 199 RUE SEWELL 38612 1630345 23 SEWELL ST 39792 4019807 23, RUE SEWELL 39792 4019807 25 SEWELL ST 39792 4019807 257 RUE SEWELL 39792 4019807 29 SEWELL ST 38604 1630337 29, RUE SEWELL 38604 1630337 33 SEWELL ST 39784 1630947 33, RUE SEWELL 39784 1630947 37 SEWELL ST 39768 1630921 375 RUE SEWELL 39768 1630921 39 SEWELL ST 38596 1630329 399 RUE SEWELL 38596 1630329 0 STATION ST 38760 1630400 0, RUE STATION 38760 1630400 0 STATION ST 55038087 1630434 05 RUE STATION 55038087 1630434 92 STATION ST 38737 1658945 92, RUE STATION 38737 1658945 96 STATION ST 38745 1630387 96, RUE STATION 38745 1630387 96 STATION ST 55020010 1630387 96, RUE STATION 55020010 1630387 99 STATION ST 40048 4324171 995 RUE STATION 40048 4324171 100 STATION ST 38752 1630395 100, RUE STATION 38752 1630395 124 STATION ST 38778 1630418 1247 RUE STATION 38778 1630418 125 STATION ST 40048 1659006 125, RUE STATION 40048 1659006 126 STATION ST 38786 1630426 1265 RUE STATION 38786 1630426 130 STATION ST 38620 1630434 130, RUE STATION 38620 1630434 132 STATION ST 55159149 5376286 132, RUE STATION 55159149 5376286 135 UNION ST 37309 1629221 135, RUE UNION 37309 1629221 137 UNION ST 37309 1629221 1379 RUE UNION 37309 1629221 139 UNION ST 37309 1629221 139, RUE UNION 37309 1629221 220 WATER ST 6114 1623275 2209 RUE WATER 6114 1623275 230 WATER ST 6676 4602935 230, RUE WATER 6676 4602935 12 WELLINGTON RW 37903 1629807 12, RANG WELLINGTON 37903 1629807 16 WELLINGTON RW 37895 1629792 16, RANG WELLINGTON 37895 1629792 18 WELLINGTON RW 37887 1629784 18, RANG WELLINGTON 37887 1629784 23 WELLINGTON RW 37804 1629718 23, RANG WELLINGTON 37804 1629718 24 WELLINGTON RW 37879 1629776 24, RANG WELLINGTON 37879 1629776 27 WELLINGTON RW 55165294 1629726 27, RANG WELLINGTON 55165294 1629726 30 WELLINGTON RW 37861 1629768 309 RANG WELLINGTON 37861 1629768 32 WELLINGTON RW 37853 1629750 32, RANG WELLINGTON 37853 1629750 38 WELLINGTON RW 37846 1629742 38, RANG WELLINGTON 37846 1629742 40 WELLINGTON RW 37838 1629742 40, RANG WELLINGTON 37838 1629742 Section 2(3) of the Business Improvement Areas Act provides that such a by -law shall not be made if, not later than the date set for the hearing of objections, "objections in writing are filed with the Clerk of the municipality, jointly or independently, by one -third or more of all non - residential users or by non - residential users who in the Clerk's opinion would, if the proposed business improvement area were designated, together be liable to pay one -third or more of the amount to be raised by a levy ". J. Patrick Woods, Common Clerk 658 -2862 Le paragraphe 2(3) de la Loi sur les zones d'amelioration des affaires prevoit qu'un tel arr&c' u ne doit titre etabli si, avant 1'echeance de la date fixee pour ]'audition des oppositions, des oppositions ecrites sont deposees aupres du secretaire de la municipalite, conjointement on separement, par le tiers au moins de tous les usagers de bien non residentiel ou par des usagers de bien non residentiel qui, de Pavis du conseil, si la zone d'amelioration des affaires proposee etait designee, seraient ensemble responsables du paiement du tiers au moins du montant a prelever au moyen d'une contribution. » J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 De' artment: Common Clerk's Office (Account # 71206 Contact: J. Patrick Woods Phone: (506 ) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad Date(s): Tuesday, November 13, 2007 " SJTJ Independent Placement Date(s): Friday, November 9, 2007 SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: I Telephone: (506) 658 -2862 A LAW TO AMEND BY -LAW NUMBER BIA -I BUSINESS IMPROVEMENT AREA BY -LAW Be it enacted by the Common Council of the City of Saint John as follows: ARRETt MODIFIANT L'ARRETt NO BIA -1 ARRETE' RELATIF A LA ZONE WAMELIORATION DES AFFAIRES Le Conseil communal de The City of Saint John d6cr6te ce qui suit : The Business Improvement Area By -law of L'arrdt6 relatif a la zone d'amdlioration The City of Saint John enacted on the fifth day of des affaires de The City of Saint John d6cr&6 le January, 2004, is amended by: 5 janvier 2004 est modifie par: Expanding the Business Improvement Area to include Vexpansion de la zone d'amdlioration des affaires the following properties: NID : qui inclut les propriet6s suivantes : Civic Address PID Pan Adresse municipale : NID : NAP 0 Carleton St. 37689 1629598 0, rue Carleton 37689 1629598 0 Carleton St. 37739 1629645 0, rue Carleton 37739 1629645 0 Carleton St. 37747 1629653 0, rue Carleton 37747 1629653 53 Carleton St. 37705 1629611 53, rue Carleton 37705 1629611 54 Carleton St. 37515 1629425 54, rue Carleton 37515 1629425 57 Carleton St. 55033765 3611583 57, rue Carleton 55033765 3611583 59 Carleton St. 55033765 3611583 59, rue Carleton 55033765 3611583 101 Carleton St. 37622 1629530 101, rue Carleton 37622 1629530 122 Carleton St. 37572 1629483 122, rue Carleton 37572 1629483 0 Chipman St. 37465 1629378 0, rue Chipman 37465 1629378 0 Chipman st. 37481 1629394 0, rue Chipman 37481 1629394 44 Coburg St. 15487 1634399 44, rue Coburg 15487 1634399 21 Coburg St. 38265 1630052 21, rue Coburg 38265 1630052 31 Coburg St. 38281 1630078 31, rue Coburg 38281 1630078 34 Coburg St. 15446 1634357 34, rue Coburg 15446 1634357 38 Coburg St. 15461 1634373 38, rue Coburg 15461 1634373 40 Coburg St. 15479 1634381 40, rue Coburg 15479 1634381 42 Coburg St. 15487 1634399 42, rue Coburg 15487 1634399 7 Dorchester St. 39966 1631058 7, rue Dorchester 39966 1631058 9 Dorchester St. 38075 1629946 9, rue Dorchester 38075 1629946 12 Dorchester St. 38034 1629904 12, rue Dorchester 38034 1629904 19 Dorchester St. 38083 1629954 19, rue Dorchester 38083 1629954 20 Dorchester St. 38018 3817197 20, rue Dorchester 38018 3817197 26 Dorchester St. 38000 3817197 26, rue Dorchester 38000 3817197 29 Dorchester St. 38109 1629970 29, rue Dorchester 38109 1629970 31 Dorchester St. 38117 1629988 31, rue Dorchester 38117 1629988 34 Dorchester St. 37986 1629857 34, rue Dorchester 37986 1629857 43 Dorchester St. 37622 1629530 43, rue Dorchester 37622 1629530 66 Dorchester St. 37952 3819254 66, rue Dorchester 37952 3819254 68 Dorchester St. 37945 3819254 68, rue Dorchester 37945 3819254 69 Dorchester St. 39677 1630329 69, rue Dorchester 39677 1630329 72 Dorchester St. 39644 3819254 72, rue Dorchester 39644 3819254 74 Dorchester St. 39636 3819254 74, rue Dorchester 39636 3819254 75 Dorchester St. 39685 1630329 75, rue Dorchester 39685 1630329 12 Hazen Av. 37457 1629360 12, avenue Hazen 37457 1629360 9 Peel St. 37473 1629386 9, rue Peel 37473 1629386 10 Peel St. 37754 1629661 10, rue Peel 37754 1629661 11 Peel St. 37473 1629386 11, rue Peel 37473 1629386 25 Peel St. 37762 1629679 25, rue Peel 37762 1629679 20 Peters St. 12310 4733168 20, rue Peters 12310 4733168 221 Prince William St. 6114 1623275 221, rue Prince William 6114 1623275 227 Prince William St. 6676 4602935 227, rue Prince William 6676 4602935 229 Prince William St. 6676 4602935 229, rue Prince William 6676 4602935 240 Prince William St. 6072 1623233 240, rue Prince William 6072 1623233 242 Prince William St. 6072 1623233 242, rue Prince William 6072 1623233 244 Prince William St. 6072 1623233 244, rue Prince William 6072 1623233 246 Prince William St. 6072 1623233 246, rue Prince William 6072 1623233 4 Queen St. 6072 1623233 4, rue Queen 6072 1623233 0 Sewell St. 39735 1630890 0, rue Sewell 39735 1630890 0 Sewell St. 55033773 5726392 0, rue Sewell 55033773 5726392 11 Sewell St. 39826 1630989 11, rue Sewell 39826 1630989 15 Sewell St. 39818 1630971 15, rue Sewell 39818 1630971 19 Sewell St. 38612 1630345 19, rue Sewell 38612 1630345 23 Sewell St. 39792 4019807 23, rue Sewell 39792 4019807 25 Sewell St. 39792 4019807 25, rue Sewell 39792 4019807 29 Sewell St. 38604 1630337 29, rue Sewell 38604 1630337 33 Sewell St. 39784 1630947 33, rue Sewell 39784 1630947 37 Sewell St. 39768 1630921 37, rue Sewell 39768 1630921 39 Sewell St. 38596 1630329 39, rue Sewell 38596 1630329 0 Station St. 38760 1630400 0, rue Station 38760 1630400 0 Station St. 55038087 1630434 0, rue Station 55038087 1630434 92 Station St. 38737 1658945 92, rue Station 38737 1658945 96 Station St. 38745 1630387 96, rue Station 38745 1630387 96 Station St. 55020010 1630387 96, rue Station 55020010 1630387 99 Station St. 40048 4324171 99, rue Station 40048 4324171 100 Station St. 38752 1630395 100, rue Station 38752 1630395 124 Station St. 38778 1630418 124, rue Station 38778 1630418 125 Station St. 40048 1659006 125, rue Station 40048 1659006 126 Station St. 38786 1630426 126, rue Station 38786 1630426 130 Station St. 38620 1630434 130, rue Station 38620 1630434 132 Station St. 55159149 5376286 132, rue Station 55159149 5376286 135 Union St. 37309 1629221 135, rue Union 37309 1629221 137 Union St. 37309 1629221 137, rue Union 37309 1629221 139 Union St. 37309 1629221 139, rue Union 37309 1629221 220 Water St. 6114 1623275 220, rue Water 6114 1623275 230 Water St. 6676 4602935 230, rue Water 6676 4602935 12 Wellington Rw. 37903 1629807 12, rang Wellington 37903 1629807 16 Wellington Rw. 37895 1629792 16, rang Wellington 37895 1629792 18 Wellington Rw. 37887 1629784 18, rang Wellington 37887 1629784 23 Wellington Rw. 37804 1629718 23, rang Wellington 37804 1629718 24 Wellington Rw. 37879 1629776 24, rang Wellington 37879 1629776 27 Wellington Rw. 55165294 1629726 27, rang Wellington 55165294 1629726 30 Wellington Rw. 37861 1629768 30, rang Wellington 37861 1629768 32 Wellington Rw. 37853 1629750 32, rang Wellington 37853 1629750 38 Wellington Rw. 37846 1629742 38, rang Wellington 37846 1629742 40 Wellington Rw. 37838 1629742 40, rang Wellington 37838 1629742 all as shown on the plan attached hereto and forming touter les modifications sent indiquees sur le part of this by -law. plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City of Saint John has EN FOI DE QUOI, The City of Saint John a fait caused the Common Seal of the said City to be affixed apposer son sceau communal sur le present arrete to this by -law the * day of *, A.D. 2007 and signed by: le 2007, avec les signatures suivantes : Mayor /maire Common Clerkigref8er communal First Reading Premiere lecture Second Reading Deuxieme lecture Third Reading Troisieme lecture OA DELIVERED BY HAND Patrick Woods, Common Clerk City of Saint John 8' Floor, City Hall P.O. Box 1971 Saint John, NB EM 4L1 Dear Sir: RE: 40 24 30 32 29 33 35 37 39 Wellin, Wellin= Welling Wellin; Sewell Sewell Sewell Sewell Sewell The undersigned, on behal to the expansion of Uptown Saint WMJ /pjf FLOOR HOLDINGS LTD. BOX 6850, STATION A SAINT JOHN, N.B. E2L 4S3 I' It I' It I' It ' 19 1' 1s 1' Is I' s I' III I' is (506) 633 -3809 November 5, 2007 00037838 00037879 00037861 00037853 00038604 00039784 00039776 00039768 00039677 ourth Floor Holdings Ltd., wishes to express its objection to include the above -noted properties. Yours truly, FOURTH FLOOR HOLDINGS LTD. Willard M. Jenkins President STREET CLOSING EMCO LANE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, November 19, 2007 at 7:00 p.m. to stop up and close the following portion of highway: EMCO LANE: That sixty -six (66) foot, twenty and twelve hundredths (20.12) metre wide public street in The City of Saint John, formerly the City of Lancaster, in the County of Saint John and the Province of New Brunswick, bounded northwestwardly by the southern sideline of Fairville Boulevard, northeastwardly by lands owned by Ellerdale Investments Ltd., southeastwardly by lands owned by The City of Saint John and formerly owned by the Canadian Pacific Railway Company and southwestwardly by lands owned by the Saint John Transit Commission, intended to be Emco Lane in its entirety. The proposed amendment and plan of the above described portion of highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. FERMETURE DE ROUTE ALLEE EMCO Par les pr6sentes, un avis public est donne par lequel le conseil de The City of Saint John indique son intention de modifier N< arr@te concemant la fermeture de routes dans The City of Saint John)) lors de la r6union ordinaire qui se tiendra le lundi 19 novembre 2007 a 19 h afin de termer et de barrer le trongon de route suivant : ALLEE EMCO: Cette voie publique de soixante -six (66) pieds, soit vingt metres et douze centiemes (20,12) de largeur daps The City of Saint John, anciennement la ville de Lancaster, dans le comte de Saint John et dans la province du Nouveau - Brunswick, delimitee an nord -ouest par la limite lat6rale sud du boulevard Fairville, an nord -est par des terres appartenant a Ellerdale Investments Ltd., au sud -est par des terres appartenant a The City of Saint John et ayant appartenu a Chemin de fer Canadien Pacifique Limit6e, et au sud -ouest par des terres appartenant a la Commission de transport de Saint John, a prevu titre 1'allee Emco dans son integralite. Toute personne interessee pent examiner le projet de modification et le plan des trongons de route d6crits ci- dessus au bureau du greffier communal a Vh6tel de ville au 15, Market Square, Saint John (N. -B.), entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussign6 a Ph6tel de ville. PID: BY -LAW NUMBER M -23 A BY -LAW TO AMEND A BY -LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN NID: ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Lors d'une reunion du conseil Council of The City of Saint John as communal, The City of Saint John a follows: decrete cc qui suit 1 A by -law of The City of Saint John entitled, "A By -law Respecting The Stopping Up and Closing of Highways In The City of Saint John ", enacted on the nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 195 immediately after Section 194 thereof, as follows: 195 The City of Saint John does hereby stop up and close permanently the following portion of highway: EMCO LANE: That sixty -six (66) foot, twenty and twelve hundredths (20.12) metre wide public street in The City of Saint John, formerly the City of Lancaster, in the County of Saint John and the Province of New Brunswick, bounded northwestwardly by the southern sideline of Fairville Boulevard, northeastwardly by lands owned by Ellerdale Investments Ltd., southeastwardly by lands owned by The City of Saint John and formerly owned by the Canadian Pacific Railway Company and southwestwardly by lands owned by the Saint John Transit Commission, intended to be Emco Lane in its entirety. 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 Par les presentes, Farrete de The City of Saint John intitule, a L'arrete sur Finterruption de la circulation et la fermeture des routes dans The City of Saint John >>, decrete le 19 decembre 2005, est modifie par 1'ajout de Particle 195 immediatement apres Particle 194, comme suit : 195 Par les presentes, The City of Saint John bane et ferme de fagon permanente la portion d'une route suivante : ALLEE EMCO : Cette voie publique de soixante -six (66) pieds, soit vingt metres et douze centiemes (20,12) de largeur dans The City of Saint John, anciennement la ville de Lancaster, dans le comte de Saint John et dans la province du Nouveau - Brunswick, delimitee au nord -ouest par la limite laterale sud du boulevard Fairville, au nord -est par des tenes appartenant a Ellerdale Investments Ltd., an sud -est par des tenes appartenant a The City of Saint John et ayant appartenu d Chemin de fer Canadien Pacifique Limitee, et au sud - ouest par des tenes appartenant a la Commission de transport de Saint John, a prevu etre Vallee Emco dans son integralite. 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 - Premi6re lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - Nov 14, 2007 502413 NB Ltd Po Box 997 Saint John,NB E2L4E3 Dear Mr. Pollock, Due to the recent announcemei decided to not pursue my re i application dated Nov 9, 2007. Thank you for your efforts in thi jn7c y' H. Chamberlain the r an RAM� 14 Ml °?Af r .1 Government O I have nt to Section 39 per my Planning Advisory Committee November 14, 2007 Your Worship and Councillors: P.O. Box 1971 Saint john New Brunswick Canada E2L 4L1 SUBJECT: Proposed Section 39 Amendment 120 McDonald Street (Loch Lomond Mall) 506 658 -2800 ;n n City of Saint john On October 22, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee received the attached report and one letter of objection to the proposal (also attached) at its November 12, 2007 meeting. However, the Committee was advised that the applicant had contacted staff earlier in the day to indicate he wished to withdraw the application. As a result, the Committee did not consider the proposal. The applicant indicated to staff that he would be submitting a written request to withdraw the application to the Common Clerk. Stephen Horgan Chairman RGP /r Attachments Project No. 07 -399 tted, Planning and Development Urbanisme et developpement www.saintjohn.ca DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: NOVEMBER 9, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF NOVEMBER 13, 2007 Randall G Planner 502413 N.B. Ltd. ( Dooly's) MCIP Crombie Developments Ltd. 120 McDonald Street (Loch Lomond Mall) The City of Saint John 322891, 345124, 55032411, 55032403, 55032395, 347120 and 55065197 District Centre "SC -2" Shopping Centre To establish a separately - licensed lounge area within the existing space occupied by Dooly's billiard parlour Section 39 Amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee with respect to the proposed Section 39 amendment. Common Council will consider the Committee's recommendation at a public hearing on Monday, November 19, 2007, 502413 N.B. Ltd. ( Dooly's) Page 2 120 McDonald Street (Loch Lomond Mall) November 9, 2007 STAFF RECOMMENDATION TO COMMITTEE: That the requested amendment to the Section 39 conditions be denied. BACKGROUND: Dooly's was first established at Loch Lomond Mall in 1996 as a lounge. At that time it was located on the front of the mall facing McDonald Street (between Wal -mart and Shoppers Drug Mart) in the space that had been previously occupied by the Happy Buddha Buffet restaurant. The original location is now a portion of the area occupied by Exxon Mobil. The establishment's location in that part of the mall was in conformity with the "SC" Shopping Centre zone's minimum separation requirement for lounges from schools, churches, residential zones and other lounges. Since a lounge (defined in the Zoning By -law as any establishment that holds a Lounge liquor licence) is a permitted use in the "SC" Shopping Centre zone, subject only to the minimum separation requirements, there were no Planning Advisory Committee or Council approvals required. The following year (1997), Dooly's decided to switch from a Lounge licence to a Special Facility licence. It was around this same time (early to mid- 1990s) that the Province had expanded its eligibility requirements with respect to Special Facility liquor licences to include establishments such as bowling alleys and billiard parlours. Special Facility licences had previously been applicable primarily to facilities such as theatres, convention centres, golf courses and major sporting facilities (e.g. Harbour Station). The advantage to Dooly's of switching licences was that a Special Facility licence would permit persons under the age of 19 to be on the premises without an accompanying adult. The proposed change in liquor licence category meant that the establishment would no longer be considered to be a lounge as defined by the Zoning By-law. Under the by -law's provisions, Dooly's proposal constituted a "change of use" from a lounge to an amusement place. An amusement place, while not subject to the separation requirements applicable to lounges, is a conditional use in the "SC" Shopping Centre zone and, therefore, the Planning Advisory Committee's consideration of terms and conditions was required. On April 8, 1997, Dooly's conditional use application was considered by the Committee. The Committee resolved to impose no terms and conditions upon the establishment and operation of an amusement place (billiard parlour) at 120 McDonald Street (Loch Lomond Mall). The mall was rezoned from "SC" Shopping Centre to a newly- created "SC -2" Shopping Centre zone on May 3, 1999, subject to the following Section 39 conditions: a) The subject property (Loch Lomond Mall) will only ever have one facility with a beverage room, club or lounge licence at any one time. 502413 N.B. Ltd. ( Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 3 November 9, 2007 b) The size of the beverage room, club or lounge shall be limited to a maximum capacity of 60 persons. C) The beverage room, club or lounge entrance shall be from within the mall, and it shall not have any direct external access to the outdoors, other than an emergency exit if required by law. d) The hours of the beverage room, club or lounge shall be limited to normal mall operating hours of 9:30 a.m. to 10:00 p.m. e) The beverage room, club or lounge shall provide food service from a kitchen facility on the premises. f) There shall be no live entertainment in the beverage room, club or lounge and any recorded music must not be detectable outside the mall building. The purpose of the 1999 rezoning was to permit a then - existing restaurant, Pizzano's Pizza, to obtain a Lounge liquor licence for a portion of its premises, in addition to its long- existing Dining Room licence. The rezoning to "SC -2" was necessary because, unlike Dooly's original location, Pizzano's location at the rear and near the south end of the mall did not meet the "SC" zone's minimum separation requirement of 90 metres (300 feet) from the residential area on Virginia Street and Bellevue Avenue. The Planning Advisory Committee had not recommended approval of the rezoning. Subsequently, in July of 2002, Council amended condition (a) to read as follows: a) The subject property (Loch Lomond Mall) will only ever have a maximum of two facilities with a beverage room, club or lounge licence at any one time. The 2002 amendment was adopted in order to permit another restaurant in the mall (Yorgo's) to have a secondary Lounge area in conjunction with the main use as an eating establishment. All other conditions, however, remained in effect with no changes. The Committee did recommend approval of this proposal. In October of 2005, possibly as a result of the gradual shift in the nature of the mall from retail to more of an office /call centre complex, Dooly's was relocated from the front of the building to its present location at the rear of the mall directly adjacent to Pizzano's Pizza. As there had been no conditions imposed in 1997 on the establishment and operation of an amusement place (such as a limitation on the specific location within the mall), a building permit for this change in location was approved. Nevertheless, staff expressed written concerns at the time to the mall management that the new location was closer to the residential area and that, while not required by any conditions, it was understood that the billiard parlour's exterior doors on the west side of the building would not become regular public entrances but, rather, would be used only for access between the billiard parlour and outdoor smoking area as well as for emergency exiting. 502413 N.B. Ltd. ( Dooly's) 120 McDonald Street (Loch Lomond Mall) INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection. Building and Technical Services has no objection. Page 4 November 9, 2007 Saint John Transit advises that it offers frequent service to Loch Lomond Mall and has no objection to the proposal. Fire Department has no objection. However, the department requires that the placement of additional vending machines (i.e. VLTs) must not interfere with access and egress paths. Saint John Police Force has no objection to the proposal. In 2006 the Force had a total of three calls for service to this location regarding criminal activity. There were a few more calls for service related to alarms which posed no problems. In 2007 thus far there have been a total of three calls for service regarding criminal activity. N.B. Department of Public Health and Wellness has no objection. School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The Loch Lomond Mall is located in East Saint John at the intersection of Loch Lomond Road and McDonald Streets. This enclosed mall is the commercial anchor of the designated East Saint John District Centre, which also includes Simonds Middle School, Loch Lomond Villa, and a variety of individual commercial uses at or near the intersection of Loch Lomond and McDonald. To the north, west and south of this centre is the East Saint John residential neighbourhood. To the east and southeast is the edge of a major industrial area extending to the Irving Oil refinery and southward towards Grandview Avenue. The mall occupies a large property extending along the west side of McDonald Street, from Loch Lomond Road to Park Avenue. The total gross leasable area of the mall is over 230,000 square feet. Over the past number of years the proportion of the mall devoted to traditional retail sales and services has declined, with a corresponding increase in office space. Dooly's is located on the back side of the mall and, despite the concerns expressed by staff to mall management at the time of its relocation, it appears that the exterior doors leading directly into the billiard parlour have become the main public access to the establishment. Since no 502413 N.B. Ltd. ( Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 5 November 9, 2007 conditions were imposed upon the operation of a billiard parlour in 1997, this arrangement is permitted. Proposal The applicant has requested that the Section 39 conditions applicable to the subject property be amended in order to permit a portion of its existing establishment to be licensed as a Lounge. When Dooly's relocated to its present location in the mall in 2005, the renovations included a "sports bar" section that is currently part of its Special Facility licensed area. The sports bar section occupies approximately one -third (1,812 square feet) of the total 5,437- square -foot establishment. At the time of relocation the applicant made inquiries about obtaining a separate Lounge licence for the sports bar section, but was advised that the licence could not be approved due to the Section 39 conditions applicable to lounges. Specifically, the number of lounges was already at the maximum of two (i.e. Pizzano's and Yorgo's) and the applicant's proposal did not meet the other requirements, including operation in conjunction with a restaurant. Recently, Pizzano's Pizza closed and, consequently, there is now only one lounge in the mall. Now that Pizzano's is closed a new Lounge licence would be permitted by the Section 39 conditions. However, Dooly's does not wish to be required to serve food or that the Lounge be required to close at 10:00 p.m. The applicant also wishes to be able to provide entertainment in the form of karaoke and "light live entertainment" (such as one -man bands). The applicant argues that this would all be allowed now under their Special Facility licence, so there would be no significant change. In response to staff's inquiry as to why the separate licence is necessary, the applicant has indicated that the main advantage of the separate licence would be the ability to have a total of ten video lottery terminals (VLTs) — five in each licensed area. This would not result in an overall increase in the number of VLTs in the mall because the five new machines would be replacing the five machines that Pizzano's had in its establishment. As a result, Dooly's has requested that the Section 39 conditions (see Background) be amended by: • changing condition (d) to permit the proposed Lounge to have the same hours as the billiard parlour (i.e. to be allowed to serve alcohol until 2:00 a.m. and be open until 2:30 a.m., as permitted by the regulations under the Liquor Control Act.) I • deleting condition (e) with respect to the serving of food from a kitchen facility located on the premises. The applicant has indicated that he would have no objection to a requirement that the lounge is always operated as a secondary use to a billiard parlour; • changing condition (0 to permit limited entertainment including karaoke and one -man bands. 1 Actually, the applicant indicates that the billiard parlour is rarely open that late and he would agree to shut down the lounge area at the same time as the billiard parlour closes. 502413 N.B. Ltd. ( Dooly's) 120 McDonald Street (Loch Lomond Mall) Page 6 November 9, 2007 With respect to condition (c) (prohibition of direct entrance from outdoors), the application that was submitted does not request any change to this condition. While the attached floor plan shows a separate exterior entrance and small outdoor seating area for the sports bar section, the applicant has indicated that this would be converted to an emergency exit only. However, the other entrance and larger deck area would remain in place as part of the Special Facility licensed area. Proposed Section 39 Amendment The subject site was rezoned in 1999 to permit a small lounge with no separation requirement from the residential area on the basis that it would be operated in conjunction with a restaurant only, it would not be open late, and it would only be accessed from within the mall. The amendment to permit a second lounge in 2002 was approved on the same basis and subject to the same restrictions. The concern has always been the proximity to the residential area, not just due to the linear distance but also because the accesses to the mall's parking areas include residential neighbourhood streets. The applicant's proposal is a significant departure from the original basis upon which Council's decision to allow a lounge at Loch Lomond Mall was based. At the same time, however, the original concerns remain the same. In fact, according to input received by staff from neighbouring property owners, even the existing billiard parlour with its Special Facility licence has resulted in nuisance problems since relocating and having its main doors and outdoor deck on the back of the mall. In hindsight, it is unfortunate that conditions, including restriction of the location within the mall, were not recommended and imposed on the establishment of an amusement place (billiard parlour) in 1997. At that time, however, it was not anticipated that Dooly's would ever relocate to the other side of the mall and so the possibility and need for any conditions was not considered. The applicant has expressed the opinion that the proposed change would not alter the impact of his establishment because, with the Special Facility licence, it is already permitted to be open late, is eligible for an entertainment licence and does not require a restaurant facility. There is some merit to this argument, but there remains the possibility that the proposed splitting of the billiard parlour into separate licences would increase the intensity of the use. This could result in the potential for even more issues for the nearby residential area. Approval of the application is not recommended. RGP /r Project No. 07 -399 I \. PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT - L SZ6,, -, \r f Ch. Loch Co"Ono Nd.,.....,.�� S 1 10 _ - j {] Ox SZ6 01 IV IL- 1 ,.,IL- r . -i IN IN IN '\ ',� Y "' f \ \ NI /\ N, a \`� N VI, INS we 4 Subject Site /site en question: Location: 120, rue McDonald Street Date: October 19 octobre, 2007 a • .c at }} ' i i ! R! 1 Scale /echelle: Not to scale /Pas a I'echelle /' ��, IN PID(s) /NIP(s): 00322891 00345124 55032411 55032403 55032395 00347120 55065197 h G O y s ,St at 0 A6 N i J J N a v 0 W or 1 xi 2 � _ O ~O I C � O 9 O WOr00n O W v at w N A 9 K A Q;q r O C4 "a Y J M no a0 =�1 v O W v OA tin K J Q;q 49 ~ 7 W 3 W U wi U J H ` W r 5 G Z N M r J o Z � s O� aJ �p 'v 'v - ® ® pp rpp p Q peg is {y p 8 8 ^ ^ N (G O YI fV Yf A O N N R N V � N N 0 1D ? S H N N Iw fHi S p N w w � N rls��E��� O tin Q;q J u w A � _ W J W dc s O� aJ �p 'v 'v - ® ® pp rpp p Q peg is {y p 8 8 ^ ^ N (G O YI fV Yf A O N N R N V � N N 0 1D ? S H N N Iw fHi S p N w w � N rls��E��� 12' TO Lt. ,ot1W44 -o Q.mer- en ;v 5' 23' .• O 1' O1 1 • I O I I O I • I O I 1 1 I _1 10-0 1 I I I 1 I I I• I 1 I 1 1�4 I 1 I 1 I� QQ �v F 25' 34' 12 i • :•: �- B �Fw • a • ♦ri of • 51 5 I.A 10 50 51 Y Chi D O0LY's qwd tkm% qwd fdow4. Loch Lomond Place Saint John, NB Scale; 1/8" = 1'011 25' 75' Area proposed 4D be, licwscd &fuck(y wi+h (MU bO 6eAiS) 25' 72.5' $1 l l t and Parlour Area. — 6Kcla l Faem li{-`i Lit erlte iv "A+Inueo P`189•5 } November 8,2007 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E21, 4L 1 RE : Proposed Lounge 120 McDonald Street ( Loch Lomond Mall ) Dear Sir: Please be advised my wife and I are against a proposed amendment to the Section 39 conditions to permit a separate lounge at Dooly's Billiard Parlour in the Loch Lomond Mall. There already has been an increase in noise and traffic at night since Dooly's relocated to the back of the mall facing the residential area in 2005 and we do not want to see any further adverse impact on this area. Dooly's proposed lounge is quite different than the lounge that operated previously in Pizzano's. Pizzano's lounge closed at IOpm, it did not have an exterior deck and it did not have live entertainment or other noise that was detectable from the outside. Pizzano's lounge was a restaurant type establishment where as Dooly's lounge will be a bar type establishment with live entertainment and may be open until 2:30am. Back in the 1980's a similar lounge to the Dooly's proposal operated in the south end of the mall and stayed open until about 2am. At closing time there was excessive noise, fighting, screeching of car tires and damage to our property on a couple of occasions. We do not wish to have to endure these conditions again. After it went out of business there were regulations created to prevent these problems from reoccurring but if this new lounge is allowed to operate we could face the same problems again. We therefore ask that you please do not approve this proposed lounge. Sincerely: Lloyd Ginn 142 Virginia St. Saint John, NB E2J 1M1 i Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur 2s} 6660R& STRzL:j" 5pet4 ', pPw N N& Postal Code / Code postal a 2L 3 IBS Telephone Number / NUmero de telephone Home /Domicile q1t -1-. Z1� 42/G9�?e)5 Fax Number / Numbro de telecopieur to 93 » %241— Alalv Work /Travail (oSl — 003y/63'y -/972 Name of Property Owner (if different) / Nom du propridtaire (si different) hZ.SVL MS LTD- Address / Adresse Z4 eb%a & S-r-, 4AMAff 1 c) FEN N� Postal Code /Code postal: P,2—.L 3Q S Property Information / Renseignements sur la proprietd Location /Emplacement 64fKa- AVE"NUtr Z.Z73 SvPi7JZ1xjo +or-22]23 Civic # I No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot 4'41W o ' K dSQ • MOTR,&S Street Frontage / Fapade sur rue 1'71 AAJM1W ' S Existing Use of Property / Utilisation actuelle de ]a proprietd VALMCi- 444400L Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal CDMMUt4r7y PhrGiL4Tlts Present Zoning / Zonage actuel T L _ I NP 16+1 330LIZQ 00 D I NSTi TUTt OMA L Amendments Requested / Modifications demandees Municipal Plan / Plan municipal R Change Land Use Designation to / Modifier la designation de Putilisation des terres A ItALIN UM AENSI7ti/ PesIT�NTfi1L. and /or / ou 1E Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zoning By -law/ Arretd sur le Zonage Change Zoning to / Modification du zonage A QM — I MULTIPL6 0B$1�61` 11AL and /or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les details en annexe) Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition nRZNO ATION of T46 YAUINT A4q TIiINII!i �DOL INTO A MULTI I�Ib&r-TIgL RUILD(NC, VAT WILL AGCUM+gkM -Wigrr y oNE lltvfi'S� WJIR AhR#4NG Fog Eb?X oka46 Vt"4fILZS . You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, buildingplans, 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 1'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bcitiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site doit indiquer les dimensions de la propriete, Vemplacement de la totalite des bdtiments, des allees, des aires de stationnement, des amenagements paysagers et des panneaux de signalisation. II est important d'indiquer to distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient etre approuvees. Aeeoy^m*m-nOlVs IN TrtE A*4E A - Ir wji.L pPo Ipga NIVn1r1D Aeeoy^m*m-nOlVs IN TrtE A*4E A - E J NINA t6iz5 A 04'w f3VILAIN6r m FJM<Z*tG UcoeFIIt_ A6A /W IN THe AIe1C,H(;ov2+lmD. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concemant votre proposition qui pourrait eue utile. Signature of Applicant / Signature du demandeur Date O crop, C'A2 219 6:2= } ❑ $400 Application Fee Enclosed / Ci -joint les frais de demande de 400 $ Ifyou are not the owner of the land in question Si vows n'etes pas le proprietaire A terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du pro rietaire dons to partie the owner authorizing this application to proceed is ci- dessous. La signature du p ,po rie afire autarisant le required for consideration by Common Council. traitement de la prdsente dflnande st requise our que cette derniere soft ezami ee par 1 copse o I unal. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) L u Date Sisters of Charity of the Immaculate Conception September 26, 2007 City of Saint John Planning Department RE: Application for re- zoning — former Holy Trinity School To Whom It May Concern: Please accept this letter as a Letter of Authorization in the matter of Allan Church's application for re- zoning in the area of the former Holy Trinity School on Burpee Avenue. Allan has asked for and has been given promise of right to acquire a piece of land noted as Section A — a triangular piece of property owned by us, the Sisters of Charity of the Immaculate Conception. This is a small portion, the southern tip of our property known as Mount Cannel Convent. Allan will acquire the requested piece of land for parking purposes when the survey has been completed and realigned, as has already been discussed with us. If you have further questions please feel free contact me. Sincerely, Margaret Coyle, SCIC, JCL Congregational Treasurer Conway Place, 124 Villa Madonna Road, Rothesay, NB Mailing Address: PO Box 2266, Saint John, NB, Conado E2L 3V1 Telephone 506- 847 -2065 Fax: 506-848 -1022 E -Mail: cpscic @nb.sympanco.ca y/ � �yy r r• 4 r RAT / •`, *� *_. �i, .,� i's, "" �..,i,t . + 4f y � A �t�• .i'� PION, I All � Y LI At w_ ' r ,s'. • ... 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Mom ■ ■ ■ ■ ■ ■N ■ ■ ■H ■ ■ ■ ■ ■ ■ ■ ■ ■. ■■ ■■ ■ ■■ ■N■ ■ ■ ■ ■ ■ ■ ■ ■ ■. ■ ■ ■ ■ ■ ■ ■�!■ mom IcC,cK.Lt�NA Z. � 13Ur2�'E Raap �2�it�� L.OT' 20 4PAC.�s AVr =-t'VC PA2I:WN6b LQT 2.1 SPAS -TOTAL 41 SpAcz�s PROPOSED MUNICIPAL PLAN AMENDMENT RE: 99 BURPEE AVENUE (HOLY TRINITY SCHOOL) 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 Major Community Facilities to Medium Density Residential, the following property: A parcel of land with an area of approximately 4000 square metres, located at 99 Burpee Avenue, also identified as being PID No. 00022731 and a portion of PID No. 00022723. A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, November 19, 2007 in the Council Chamber, Lobby Level, City Hall, REASON FOR CHANGE: To permit the rezoning of the land to "RM -1" Three Storey Multiple Residential for conversion of the former Holy Trinity School to residential uses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 19, 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 : 99, AVENUE BURPEE (tCOLE HOLY TRINITY) Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John a Pintention d'etudier une modification du plan d'amenagement municipal visant a faire passer la classification du bien -fonds suivant, a 1'annexe 2- A du plan, de zone d'installations communautaires majeures a zone residentielle de densite moyenne : une parcelle de terrain dune superficie d'environ 4000 metres carres, situee au 99, avenue Burpee, et portant le NID 00022731 et etant aussi une partie du NID 00022723. Une presentation publique du projet de modification aura lieu au cours de Is reunion ordinaire du conseil communal prevue le lundi 19 novembre 2007 dans la Salle du conseil, au niveau du hall d'entree, a Fh6tel de ville, RAISON DE LA MODIFICATION: Permettre de faire passer la designation de la parcelle a zone d' edifices a logements multiples de trois etages «RM -1>) afin de permettre que 1'ancienne ecole Holy Trinity soit utilise'e a des fins residentielles. Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 19 decembre 2007 a Pattention du soussigne. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de 1'urbanisme et du de'veloppement 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 feries. J. Patrick Woods, greffier communal 658 -2862 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 99 BURPEE AVENUE (HOLY TRINITY SCHOOL) 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 Major Community Facilities to Medium Density Residential, the following property: A parcel of land with an area of approximately 4000 square metres, located at 99 Burpee Avenue, also identified as being PID No. 00022731 and a portion of PID No. 00022723. A public presentation of the proposed amendment will take place at the regular meeting of Common Council on Monday, November 19, 2007 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the rezoning of the land to "RM -1" Three Storey Multiple Residential for conversion of the former Holy Trinity School to residential uses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by December 19, 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: 99, AVENUE BURPEE (tCOLE HOLY TRINITY) Par les presentee, un avis public est donne par lequel le conseil communal de The City of Saint John a ]'intention d'etudier une modification du plan d'am6nagement municipal visant a faire passer la classification du bien -fonds suivant, a ]'annexe 2 -A du plan, de zone d'installations communautaires majeures a zone residentielle de densite moyenne : une parcelle de terrain d'une superficie d'environ 4000 metres carres, situee an 99, avenue Burpee, et portant le NID 00022731 et etant aussi une partie du NID 00022723. Une pr €sentation publique du projet de modification aura lieu an cours de la reunion ordinaire du conseil communal prevue le lundi 19 novembre 2007 dans la salle du conseil, an niveau du hall d'entree, a Ph6tel de ville. RAISON DE LA MODIFICATION: Permettre de faire passer la designation de la parcelle a zone d'edifices a logements multiples de trois etages <<RM -1» afm de permettre que Fancienne ecole Holy Trinity soit utilisee a des fins residentielles. Veuillez faire part au conseil par e'crit de vos objections an projet de modification an plus tard le 19 de'cembre 2007 a ]'attention du soussigne. Pour toute demande de renseignements, veuillez vous adresser au bureau du greffier communal ou au bureau de 1'urbanisme et du developpement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. J. Patrick Woods, greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506 ) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, November 6, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a edicte follows: ce qui suit: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: L'arrete relatif au plan municipal de The City of Saint John decrete le 3 janvier 2006 est modifie par: 1 Amending Schedule 2 -A, the 1 Future Land Use Plan, by redesignating a parcel of land with an area of approximately 4000 square metres, located at 99 Burpee Avenue, also identified as being PID No. 00022731 and a portion of PID No. 00022723, from Major Community Facilities to Medium Density Residential classification - 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. 2008 and signed by: Mayor la modification de l'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain dune superficie approximative de 4000 metres carres, situee au 99 avenue Burpee, et portant le Nil) 00022731 et etant aussi une partie du NID 00022723 de zone d'installations communautaires majeures A zone residentielle de densite moyenne; - 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 2008, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture Common Clerk's Office P.O. Box /C.P. 1971 Bureau du greffier communal Saint John, NB /N. -B. Canada E2L 4Lf www. saintjohn. ca October 30, 2007 / 30 octobre 2007 The city of saint John Alan Church /Gary Vincent 24 Coburg Street Saint John, N.B. E2L 3J5 Dear Sir: Re: 99 Burpee Avenue Monsieur, Objet : 99, avenue Burpee Enclosed is a copy of the Public Vous trouverez ci- annexee une copie de Notice regarding a proposed I'avis public relatif a une modification Municipal Plan amendment for envisagee au plan municipal en vue de la redesignation of the above redesignation de la propriet6 ci- dessus. property. Following the date for the receipt of objections, namely, December 19, 2007, Common Council may authorize the necessary advertising for the public hearing, and request the views of the Planning Advisory Committee. Yours truly, p 3w J. atrick Woods Common Clerk / Greffier communal JPW /jaf encl. / P. j. Apres la date de reception des objections, c'est -a -dire le 19 decembre 2007, le Conseil communal pourrait autoriser la publication des avis necessaires an vue de 1'audience publique et demander les opinions du Comite consultatif d'urbanisme. Veuillez agreer, Monsieur, 1'expression de nos sentiments distingues. BY -LAW NUMBER C.P. 110 -56 ARRETE N° C.P. 110 -56 A LAW TO AMEND ARRETE MODIFIANT VARRETE THE ZONING BY -LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete cc qui suit : The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 681- 683 Chapel Street, having an area of approximately 1,670 square metres, also identified as PID number 00388934, from "R -2" One and Two Family Residential to "R4" Four Family Residential 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 L'arr@te sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de Pannexe « A>), Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain dune superficie approximative de 1670 metres carres, situee au 681 -683, rue Chapel, et identifee sous le NID 00388934, de zone residentielle — habitations unifamiliales et bifamiliales <<R -2» 6 zone residentielle — habitations de quatre logements <<R -4>> conformement is une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme - routes 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 20073 avec les signatures suivantes : Assistant Common Clerk/Greffiere communale adjointe First Reading - November 5, 2007 Premiere lecture - 5 novembre 2007 Second Reading - November 5, 2007 Deuxieme lecture - 5 novembre 2007 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET D�VELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John ModifiantAnnexe «A» de 1'Arr &te de zonage de The City of Saint John \ t a \ \ 4 o � rV � e \ I sr ro FROM / DE TO / A R -2 R-4 One and Two Family Residential / Four Family Residential / Zone residentielle- habitations . Zone r6sidentielle- habitations unifamiliales et bifamiliales de quatre logements Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment b une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi surl'urbanisme Applicant: Barbara McGillivray Location: 681 -683 rue Chapel Street PID(s) /NIP(s) 00388934 06N86SW Drawn By /Cr6de Par: David Couture Date Drawn /Carte Creee: November 08 novembre, 2007 Considered by P.A.C. /consid&6 par le C.C.U.: October 30 octobre, 2007 Enacted by Council /ApproM par le Conseil: Filed in Registry Office /EnregistrLs le: SECTION 39 CONDITIONS - 681 -683 CHAPEL STREET That pursuant to the provisions of Section 39 of the Community Planning Act, the re- zoning of the aforementioned lot be subject to the condition that the use of the building is limited to a maximum of three dwelling units, and that the land and any building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. BY -LAW NUMBER C.P. 110 -57 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 256 Wyatt Crescent, having an area of approximately 1.03 hectares, also identified as PID No. 55107577, from "RS -2" One and Two Family Suburban Residential to "R -113" One Family Residential classification - all as shown on the plan attached hereto and forming part of this by -law. ARRETE N° C.P. 110 -57 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 decrete cc qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) d cembre 2005, est modif e' par: 1 La modification de Pannexe c<Au, Plan de zonage de The City of Saint John, rezonage d'une parcelle de terrain d'une superficie approximative de 1,03 hectares, situee au 256, croissant Wyatt, et identifiee sous le NID 55107577, de zone residentielle de banlieue — habitations unifmiliales et bifamiliales «RS -2>> a zone residentielle — habitations unifamiliales <<R -1B» - toutes les modifications soot indiquees sur le plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John 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 a fait apposer son sceau communal sur le present arrdte le 2007, avec les signatures suivantes : Assistant Common Clerk/Greffiere eommunale adjointe First Reading - November 5, 2007 Premiere lecture - 5 novembre 2007 Second Reading - November 5, 2007 Deuxieme lecture - 5 novembre 2007 Third Reading - Troisie'me lecture - PLANNING AND DEVELOPMENT / URBANISME ET DeVELOPPEMENT REZONING ! 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 0 �� 5 j b C / 6 � sa4 dr a c°" 3 FROM / DE TO / A RS -2 R -1 B One and Two Family Suburban One Family Residential Residential / Zone r6sidentielle de . / Zone residentielle banlieue- habitations unifamiliales d'habitations unifamiliales et bifamiliales Applicant: Harold Coughlan Location: 256 croissant Wyatt Crescent PID(s) /NIP(s) 55107577 07P20SW Drawn By /Cr (§6e Par: David Couture Date Drawn /Carte Cr66e: November 08 novembre, 2007 Considered by P.A.C. /consid &6 par le C.C.U.: October 30 octobre, 2007 Enacted by Council/Approuvi§ par le Conseil: Filed in Registry Office /Enregistre le: A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19th day of December, A.D. 2005, is hereby amended as follows: 1 Schedule I — "Truck Restrictions" - is amended by adding the following words under the following headings: Street Limits Red Head Road Between Bayside Drive and Hewitt Road 2 Schedule K — "Truck Routes" — is amended by deleting the following words under the following headings: Street Limits Red Head Road Bayside Drive to City boundary 3 Schedule K — "Truck Routes" — is amended by adding the following words under the following headings: Street Limits Red Head Road Hewitt Road to City boundary Hewitt Road From Bayside Drive to Red Head Road Par les presentes, Parretti de The City of Saint John intitule « Arrete relatif a la circulation dans les rues dans The City of Saint John edicte conformement a la Loi sur les vehicules d moteur (1973) et les modifications afferentes », decrete le 19 decembre 2005, est modifie comme suit: 1 L'annexe I — «Camions - Interdiction de circuler »- est modifiee par Padjonction des mots suivants sous les titres suivants : Rue Limites Chemin Red Head Entre la promenade Bayside et le chemin Hewitt 2 L'Annexe K — "Itineraires pour camions" — est modifiee par la suppression des mots suivants sous les titres suivants : Rue Limites Chemin Red Head De la promenade Bayside aux limites de la ville 2 L'Annexe K — "Itineraires pour camions" — est modifiee par Padjonction des mots suivants sous les titres suivants : Rue Limites Chemin Red Head Du chemin Hewitt aux limites de la ville Chemin Hewitt De la promenade Bayside au Chemin Red Head 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 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le 2007, avec les signatures suivantes : Mayor /Maire Assistant Common Clerk/Greffiere communale adjointe First Reading - November 5, 2007 Premiere lecture - 5 novembre 2007 Second Reading - November 5, 2007 Deuxieme lecture - 5 novembre 2007 Third Reading - Troisieme lecture - BY -LAW NUMBER C.P. 110 -58 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 110 -58 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a follows: decrete ce qui suit : The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 2,070 square metres, located at 282 Douglas Avenue, also identified as being PID Nos. 00368555 and 55151294, from "SZ -20" Special Zone #20 to "RM- IF" Multiple Residential Infill 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 Uarret6 sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe aA », Plan de zonage de The City of Saint John, pennettant de modifier la designation d'une parcelle de terrain d'une superficie d'environ 2,070 m6tres carres, situee an 282, avenue Douglas, et portant les NID 00368555 et 55151294, de zone speciale n° 20 a SZ -20 » a zone d'edification de logements multiples sur terrain intercalaire a RM -IF » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Purbanisme - 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 : Assistant Common Clerk/Greffiere communale adjointe First Reading - November 5, 2007 Premiere lecture - 5 novembre 2007 Second Reading - November 5, 2007 Deuxi6me lecture - 5 novembre 2007 Third Reading - Troisi6me lecture - PLANNING AND DEVELOPMENT / URBANISME ET D�VELOPPEMENT REZONING / REZONAGE Amending of Schedule "A° of the Zoning By -Law of The City of Saint John Modifiant Annexe cAu de I'Arret6 de zonage de The City of Saint John 4 e 49 %t/ey St Q � _ m FROM / DE TO / A SZ -20 RM -IF Special Zone #20 . Multiple Residential Infill/ Zone speciale no. 20 Zone d'6difice A logements multiples sur terrain intercalaire Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adoptee par le conseil municipal an vertu de 1'article 39 de la Loi sur l'urbanisme Applicant: Chipman Hill Suites Limited Location: 282 avenue Douglas Avenue PID(s) /NIP(s) 00368555 and /et 55151294 06N -77NE Drawn By /Creee Par: David Couture Date Drawn /Carte Crede: November 08 novembre, 2007 Recommended by P.A.C. /consid6r6 par le C.C.U.: October 30 octobre, 2007 Enacted by Council /ApproM par le Conseil: Filed in Registry Office /Enregistr6 le: Section 39 Conditions 282 Douglas Avenue That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning be subject to the following conditions: a. The use of the property is limited to a maximum of eleven dwelling units, b. The driveway and parking areas be surfaced with pavement and appropriate catch basins be installed and connected to the municipal sewer on Douglas Avenue, C. The parking area be surrounded with a continuous hedge of vegetation, to screen the area from neighbouring properties, d. The site be developed only in accordance with an engineered design fill for the proposed parking area, a. A detailed site plan illustrating the driveway, parking area and the hedge be prepared by the applicant to be approved by the Development Officer and attached to any building permit for the subject site, and further, that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. M & C — 2007 -368 November 16, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Section 39 Conditions - 282 Douglas Avenue BACKGROUND: On November 5, 2007 Council gave first and second reading to the rezoning of the above noted property to permit its conversion to an 11 unit building providing short term residential accommodation. At that time Council also asked for a report suggesting revised Section 39 conditions to provide for 11 units as well as address the concerns with drainage which were presented during the Public Hearing. The Section 39 conditions originally suggested in the report for PAC were as follows: That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning be subject to the following conditions: a. The use of the property is limited to a maximum of eight dwelling units, b. The driveway and parking areas be surfaced with pavement and be designed to permit accessibility under all climate conditions, c. The driveway and lower parking area be surrounded with a continuous hedge of vegetation, or a solid board -on -board fence, to screen the area from neighbouring properties, d. The site be developed only in accordance with an engineered design for the proposed access to the lower parking area and a site plan to be approved by the Development Officer and attached to any building permit for the subject site, and further, that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. Report to Common Council Page 2 November 16, 2007 These conditions were also conceived on the basis the parking area would be accessed by means of a new driveway constructed down a significant slope into a large rear yard area. ANALYSIS: Discussions have been held with the applicant and her Engineering consultant, resulting in a significant change in the plan for parking. Instead of building a driveway down to the lower level, the old garage building would be demolished and that area would be expanded with fill resulting in sufficient parking immediately to the rear of the main building. This is similar to the approach taken by the building to the west which has a parking area for approximately 4 vehicles on a filled area. The attached plan submitted by the applicant's consultant is very preliminary and illustrates the concept. A more complete plan will be required which would not direct the surface water to the rear yard area, but provide paving and appropriate catch basins which would direct the storm water from the parking area the municipal sewer system on Douglas Avenue. As the parking is now not at the lower elevation this is technically feasible and consistent with the normal standards for parking lots of this size. The applicant would prefer the surface drainage into the rear yard and improved ditching. A piped system would be more costly, but would ensure that the adjacent residential properties are not impacted. The suggested conditions require paving and piped drainage directed to the street. Given the relocation of the parking, hedges would be more appropriate to screen the parking (and headlights) from impacting the adjacent residential parking. Adjustments to the wording have been made to the recommended conditions to reflect the different approach. The following Section 39 resolution has been forwarded to the Common Clerk for inclusion at third reading: That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning be subject to the following conditions: a. The use of the property is limited to a maximum of eleven dwelling units, b. The driveway and parking areas be surfaced with pavement and appropriate catch basins be installed and connected to the municipal sewer on Douglas Avenue, C. The parking area be surrounded with a continuous hedge of vegetation, to screen the area from neighbouring properties, Report to Common Council Page 3 November 16, 2007 d. The site be developed only in accordance with an engineered design fill for the proposed parking area, C. A detailed site plan illustrating the driveway, parking area and the hedge be prepared by the applicant to be approved by the Development Officer and attached to any building permit for the subject site, and further, that upon rezoning of the property, the land and building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. RECOMMENDATION: That this report be received and filed and the Section 39 conditions be imposed at third reading Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB /mmf J�(\ October 29, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council: SUBJECT: Public Consultation Process The City is about to undertake several major capital projects that are amongst the largest in decades. It is with much anticipation that the public await their opportunity to become engaged in the planning process. Public engagement in City developments in the past has proven, time and time again, to be well worth the effort and has ensured that these projects had the informed support of the community. The open and transparent planning process demonstrated during the restoration of the Imperial Theatre and the City Market, the development of Harbour Station, Market Square and most recently Harbour Passage have galvanized our community with excitement and enthusiasm. With that input has come tremendous civic pride and ownership. Common Council recently adopted the Vision 2015 Sustainability Principles. Sustainability Principle # 7 states, "Engage people throughout the whole community of Saint John and encourage their participation in the planning and implementation of sustainable solutions" It was elaborated with, "The journey towards sustainability requires broadly based support. Empowering people mobilizes local knowledge and resources and enlists the support and active participation of all who need to be involved in all stages, from long -term planning to implementation of sustainable solutions." In 2005, after several years of public consultation and discussion, Common Council also adopted Atlantic Canada's most comprehensive Arts, Culture and Heritage policy. Part of this policy states: "Unique and Stimulating Environment Public buildings, facilities, displays and spaces (both "built" and "natural") act as showplaces for what is uniquely Saint John. They enhance both its image and the quality of its overall environment." This tremendous expenditure of public funds has given the City the opportunity to lead by example. Demonstrating that an open and transparent process will be followed and that rules will be consistently applied, provides surety of investment that will attract future high quality ate development. SAINT )OHN P.O. Box 1971 Saint John, NO Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, NA. Canada E2L 4L1 MOTION: I move that the City Manager provide Council and the community with a report at the next Council meeting outlining the public consultation process the City intends to implement in the planning process of the Police and Parking developments. Respectfully Submitted, Received by a -m i Michelle Hoot Deputy Mayor October 28, 2007 His Worship mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council: SUBJECT: Jake Brakes The issue of "jake brakes" was discussed at the last meeting of Council's By -Law Review Committee. There are areas in the City being developed residential that are on or near truck traffic routes. Concern over "jake breaks" is being raised by both the developers and the potential buyers. Other municipalities have posted signs asking truckers not to use their jake brakes. It is understood that the use of jake brakes cannot be enforced at this time. Local trucking companies have been made aware of these concerns. MOTION: I move that the issue of signs being posted asking truckers not to use their jake breaks near residential areas be referred to the City Manager and that the City Manager and appropriate staff report back to Council. Respectfully submitted, Received by e -mail Michelle Hooton Deputy Mayor Chair By -law Review Committee The City of Saint John November 1, 2007 Mayor McFarlane and Councillors Your Worship and Councillors: Re: Affordable Housing Development Forum Background A strong partnership has been created between Municipal, Provincial and Federal Officials with respect to the Affordable Housing file. As our economic growth continues, creating 'housing' will be a major challenge for our community over the next several years. We will need new ideas, strategies and partners if we are to meet the ongoing demand for affordable housing. New partners must include private developers. While at FCM this year, I had the opportunity to hear two of the leading experts in this field present keynote addresses, Mark Guslits, Chief Development Officer of Toronto Community Housing Corporation and Emilie Adin, Deputy Planner in Langford, B.C. While talking to both experts, they expressed a keen interest in bringing their strategies to our City within the one day forum referenced above. Hosting a 'first' Affordable Housing Development forum with such expertise would begin to position us well for the future as we attempt to deal with this sustainability challenge. In conclusion, a funding partnership with Provincial and Federal authorities would be sought. Motion That within the 2008 budget discussions, consideration be given to hosting an Affordable Housing Development Forum in Saint John including expert presenters as described above. Res tfully submitt .,,zr Peter M Guire Councillor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.P. 1971 Saint John, NA. Canada E21 41-1 November 2, 2007 Mayor and Council Re: Coordination of Grant Funding Applications I am bringing forward this issue as a result of a recent commission meeting in which it became evident that no less than 3 municipal departments / commissions were applying for funding from the same provincial grant program. It was also evident that there are likely various funding programs that this municipality may be able to apply for, yet are unaware of them. While it is important to recognize initiatives and the importance of various projects in their respective instances, it is also important to recognize the importance of strategic coordination of grant applications. Grant programs usually have funding limits which may include fund amounts and limits of grants per municipalities. Given this, the City of Saint John, together with its departments and affiliated agencies, boards and commissions, would want to make certain any applications for funding is meaningful in the context of providing the "best use of funds ". Moreover, it would be important for those who adjudicate the applications to recognize that Saint John is organized in its approach, is not competing for project funding amongst itself, and is pragmatic in choosing the projects to be funded. To accomplish this, I believe this administration needs a person designated who shall: 1. Have a comprehensive knowledge of all funding programs. 2. Catalogue the programs. 3. Make various departments, agencies, boards and commissions aware of programs that are applicable to respective operations. 4. Coordinate applications. Possibly, the staff assigned to the Vision 2015 program may be appropriate to accommodate this.In addition, the City should have a policy that ensures any department, agency, board or commission advise this coordinator when there is an interest in making an application under a funding program. As a final note, this policy and coordination will help at a political level in terms of lobbying other levels of government for favourable consideration of funding applications. Resolution: Request the City Manager to implement a policy and coordinating program in respect to applications to funding programs. Received by e -mail Submitted by Stephen Chase Councillor November 2, 2007 His Worship Mayor Norm McFarlane and Councillors: Your Worship and Councillors: While in Moncton for the General Meeting of the Cities of New Brunswick Association, Mayor Lome Mitton took us to Centennial Park for a "Tree Go " Demonstration. This is an outdoor high adventure tree activity. There is a children's course, a beginner's training course and Junior /Adult course. The owner of this facility, Martin Laviolerre, is looking at expanding to other areas of the Province. There was no cost to the City of Moncton for this operation, as the owner paid all construction and insurance costs. This activity does not interfere with any other use within Centennial Park. Mr. Laviolerre is willing to meet with our staff and make a presentation to Council, if we so desire. 1 have spoken to Kevin Watson, one of our Leisure Service Coordinators, about this opportunity. Kevin put me in contact with Mike White who has already approached Kevin with a similar proposal. Therefore, my motion is; " to refer this item to the City Manager, to evaluate the viability of this activity in Rockwood Park, to meet with both Mr. Laviolerre and Mr. rite to discuss and evaluate each proposal and finally come back to Council with a recommendation. " Respectfully submitted, Source v I Ivan Court COUNCILLOR lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 Y twit #Kx • is la Give me adventure... � % M O N C T O N Admissibility conditions / Condition d'acces Children's course -Little adventurers: from 1 m40 (4'7 ") arms raised hrmurs eninnts ies petits uvenlmlers e partii do I m 40 (4 1 ") hrus (eves Junior Adult courses: from 1 mB0 (5'10") arms raised I'nr, nur. onlai irlu:10 a parlir de 1 m 80 (5 l0 ") bras lave (aingoriaS�Qtleyories Adul' dndoi U yjo �.nn+el ovoi H V�o Q:luh- BamCe Individual l udividuollr 26.15 21./5 14.50 family(7 2andd a) linullinh (Induhi 2enronts) 24.08 19.58 1305 2275 18.50 12 -33 Group 15 and over Groupc de 15 al pm. WIIu aGnutmvrs moan only Porumr. I'cliR. eve 11, nrs SFLIJ Or➢I'.III S(hedule / Periode d'ouverture et horaire Off- season: reservation only. Varied hours Ihroughom the seasons. Busse xtimwl sur reservation snulemnnl Houres vnnuhles selon les saisorn. High - season: mid June to mid September 9 am to 8 pm Houle snison: de mi -join n mi sopremhre rlc 9 h u 2011 Centennial Park, 811 St- George BId, fulancIon (Nevi Bruns wiclo E1 E 4E7 506 388 -404Ez 1888 387 -4646 1► V NQ �1 0 U %�� � � rl 1 yY 1 'P 8 =41 Informations and Reservations i t a" .1i i ! l 4. M 0 N C T 0 N November 2, 2007 His Worship Mayor Norm McFarlane and Member of Council Your Worship and Councillor: SUBJECT: UPDATE ON THE ANNUAL MEETING OF CNBA The Cities of New Brunswick Association held its General Meeting in Moncton on October the 19th and 20tH On Friday, October 19th, we held a number of workshops on teaching for our members. These included; (1) A tour of the Westmorland — Albert Solid Waste Facility, (2) A presentation by Doug Merry of Enterprise Fredericton on Immigration, (3) A presentation by Erik Denis on the Introduction of Right to Information Legislation and its effects on Municipalities, (4) A discussion on Self Sufficiency, (5) A Tour of Molson Brewery, (6) Victor Boudreau, Minister of Finance and Local Government, met with us at "a meet and greet" event, (7) There were also three Committee meetings, namely, a. The Planning and Resolutions Committee Meeting b. The City Manager's Meeting, and c. The Executive Committee Meeting. Friday was a very informative day for all of those in attendance. On Saturday, we held our General Meeting and Election of Officers. The new executive for this year is as follows: President — Ivan Court — City of Saint John 1st Vice President — Don Moreau — City of Edmundston 2 °d Vice President — Mayor John McKay — City of Miramichi UPDATE ON THE ANNUAL MEETING OF CNBA PAGE 2 Also, on Saturday, we had two presentations. The first presentation was a Local Government Update by Deputy Minister, Bonny Hoyt- Hallett. The second presentation was given by newly appointed Commissioner, Jean -Guy Finn, entitled, "The Study on the Future of Local Governance. " A follow up to this presentation was an all day meeting held on Thursday, November 1St, in Fredericton, with the three Municipal Associations of N.B. and Commissioner Finn. At this meeting we were introduced to the new Minister of Local Government, Carmel Robichaud. On Saturday afternoon we were given a tour of Centennial Park and a "Tree Go" demonstration. The next general meeting of CNBA is scheduled for March 13 -14 in Saint John. MOTION: To be received and filed. Respectfully submitted, Source verified Ivan Court COUNCILLOR November 1, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: Subject: Resignation from Saint John Development Corp. It has been brought to my attention that the Saint John Development Corporation has one member more than is permitted under the legislation. To ensure that this committee is in compliance with the legislation and the requirements, I hereby tender my resignation effective immediately, as a committee member appointed by Council. I thank Council for providing me the opportunity to serve on this very important committee. It was indeed a pleasure, and I am confident that the committee members will continue to serve Council and this community extremely well in the exciting development times that are ahead. Respectfully submitted, Received by e -mail Glen Tait Councillor P SAINT JOHN November 13, 2007 Mayor McFarlane and Members of Common Council Re: Lights at East Point Development His Worship Et Councillors; The new lighting system at East Point Development is a cause for concern for many residents of our city. There are concerns associated with quality of life and safety. As a city, we recently invested thousands of dollars for special lamp posts for this development. Was there any mention of this "Hollywood" light system in the approved plans for this development? Are there any restrictions placed on this light system? I would like staff to answer these questions for me in our open session for Council. Received and submitted X Councillor Ivan Court P.O. Box 1971 Saint John, NB Canada E21411 I ww wsaintiohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 41 October 22, 2007 Your Worship and Common Council Re: Waiting for report on denied access to property Your Worship, in the Common Council meeting of July 16th 2007 a motion was passed to have staff come back to Council with a report of why a Mr. Walter Vincent, who lives on the West Side, stated that the City was denying him access to his property. The motion clearly stated that staff was to prepare a report on this issue within six weeks. I move that staff explain why this report has not been presented to Council and that this report be provided to Council at its next regular open meeting. Respectfully, Bill Farren Councillor The City of Saint John October 22, 2007 Your Worship and Common Council Members, Re: The need to coordinate special events in City. Your Worship, this Council has supported on a number of occasions different groups that have brought ideas to host events in our City. These groups and ideas range from making sure that our rinks are up to snuff for national gymnastic events to parades on the West Side of our City. What I am proposing in my motion here tonight is for this Council to take this a step further. By supporting this motion, this Council can take a huge step forward in providing our local groups, whether they be hockey, baseball, curling, gymnastics, soccer, figure skating and the many other sporting groups with a place they can find the expertise to help plan, attract and host Provincial and National events. This position that will be created would also be the lead organizer for the City and a contact person for groups or individuals who would be willing to attract yearly festivals to our City, whether they be jazz, performing arts, air shows, tall ships, wine and beer festivals, car shows, buskers - as you can see the list can be endless. Having a full time organizer for civic festivals as well as helping attract Provincial and National events to our City, it would be providing such a service to our City and local groups that would benefit our City in a number of ways. The most prevalent way it would benefit our City would be that it gives our citizens the opportunity to host and attend events that they may not otherwise be able to see. Another benefit to our city would be the better utilization of our arenas, sports fields and community spaces. These events would attract people to our city and this would be supporting local businesses and jobs. This position could be part of Venue Saint John, the Saint John Tourism Dept. or a separate entity on its own. I would leave it up to staff to tell Council where they see it fit in our City's operation. I move that staff be directed to include in next years budget a position that would be solely responsible for the enhancement of our City's sporting and festival events for Council's consideration. Respectfully, Bill Farren Councillor The City of Saint John 4 The City of Saint John Norm McFarlane Mayor's Office Bureau du maire November 14, 2007 His Worship Mayor Norm Councillors Your Worship and Subject: Crescent Valley Background: In the past yea the citizens of Crescent Valle number of positive infrastrucl changes have greatly assisted Motion: That the Common ( Councillors from the Departn representing Crescent Valley. Sincerely, Source v Peter McGuire Councillor SAINT JOHN F Improvement productive partnership has been created between Municiple Operations Department of the City. A iges have resulted from this partnership. These hanced sense of pride in the neighbourhood. ;hedule a joint presentation to the Mayor and Municiple Operations and the leadership group P.O. Box 1971 Saint john, NBI C+a0a E2L411 I www.saintjohn.ca I C.P. 1971 Saint john, N. -B. November 15, 2007 His Worship Mayor Norm McFarlane and Councillors Your Worship and Councillors: I would like permission to discuss in open session of Council recent newspaper articles related to statements made by Deputy Mayor Hooton and Councillor Farren. Respectfully submitted, Source verified Ivan Court Councillor November 15, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: Whereas the City of Saint John has earned an international reputation for its heritage character, for its heritage preservation bylaws and areas Whereas this character is a major contributor to the City's quality of life, sense of place and tourism Whereas the citizens of Saint John expect their government to be responsible stewards of the environment and to provide leadership in the protection and conservation of our natural and cultural resources Be it resolved that The City adopt a policy that all Municipal projects be evaluated for their environmental, social, cultural and heritage impact before being undertaken. Respectfully submitted, Received by e -mail Michelle Hooton Deputy Mayor November 15, 2007 Your Worship Mayor McFarlane and fellow Councillors, Re: Fire Fighters' Training Center Feasibility Study Recently, this Council allocated $100,000 to the Saint John Fire Department Staff to commission a feasibility study as to whether or not a Training Center could work in our City. I believe with the enormous influx of new development and renewed sense of pride within our City we, as a Council, should be briefed on the findings. There may be a business case for establishing a private /public partnership in Capital funding and /or ongoing operations of this facility. Aliant, Irving and other major corporations have $1,000,000 budgets for safety training. Usually the employees are sent out of province to learn what can be taught here in Saint John by our own Fire Department. We have the potential to have a first class training center that will attract interest from across Eastern Canada. Motion: To direct the City Manager and appropriate staff to brief Common Council on the findings of the feasibility study pertaining to the information provided. Yours truly, Received by e -mail Jay -young Chang Councillor City of Saint John November 15, 2007 His Worship Mayor Norm Members of Common Cc Your Worship and I move that all spending thorough community coi Respectfully s itted, Received by I Michelle e-mail Ho on Deputy Mayor EV a SAINT JOHN and the North of Union project until a complete and process has been completed, P.O. Box 1971 Saint John Nl� �anada E21- 4L1 I www.saintiohn.ca I C.P. 1971 Saint John, N, -B. Canada E21- 41-1 I . t .. November 15/07 Mayor and Council Your Worship and Members of Council: Re: Pension Issues Issue # 1 Communication Motion: Council resolves to produce a chronology of all pension matters, events, recommendations, decisions and actions and that this chronology be placed on the City's website within 2 weeks, with any documents received by Council related to the pension linked within the chronology. The City of Saint John's Pension Plan has been a significant issue during the tenure of this current Council and that of the previous Council. Accordingly much debate has taken place, various reports have been received, and actions undertaken. I posit that this issue alone has generated the most reports, debate and activity over the course of the six to seven years than any other issue dealt with by this City's Administration and Council. This issue has demanded a great deal of Council and Staff, and has certainly been of great public interest. In respect to the strong and demanding public interest on the pension issue, I believe it to be in the best interests of this Council and the public that a well documented chronology of events, reports and actions undertaken be made available to the public. I would propose that such a chronology contain clear explanations of the matters and rationales for decisions made (or why decisions remain pending). I would recommend that this chronology be created and posted on the City of Saint John's web site for the public to access. Embedded in this chronology should be links to any relevant documents. I would further recommend that this piece of communication be considered a priority of Council and request staff to implement within 2 weeks. I want to note, that my intent for this motion is not to "pretty up" an issue that has been at most times contentious and always very difficult and serious. Rather, I feel it is important to clearly communicate issues, facts, decisions and actions. This chronology would serve as a reference for both the public and council. Having an accessible reference point would not only provide clarity on pension matters that may appear oblique but also provide context in regard to why certain decisions and /or actions were undertaken. Moreover, such a reference would create a checkpoint for recalling what, how and when pension matters were dealt with (and what issues remain outstanding). Issue # 2 Pension Board Membership Motion: Resolve that Council review alternate models of pension board membership on the City of Saint John's Pension Board and consider these for implementation, with this review undertaken by an appropriate expert, and including how and when any changes could be made. Note: the following statements and proposition is made in good faith and is not intended to cast aspersions on any member of the pension board, nor the whole body of the board, nor any administrative staff person attached to the board.. This proposal speaks only to the practicality of a board membership which on balance may not fully represent the interests of citizens. Membership on the pension board needs to reviewed with the question, "Is the current composition of the board in the best interests of the public who are significant contributors to the plan ?" At present, the public has 3 members representing the public interest — those members being appointments of council. The remainder of the membership is made up of members representing the various employment groups in the employment of the City of Saint John. It may be argued that a majority of membership representing employees is not the best decision making body for the pension plan. Given that the funding contributions of the pension plan is delivered by both the public purse and employee earned money, with the public contributions being more than half the total contributions, I would argue the board membership is not in alignment with the funding sources. Respectfully submitted Stephen Chase Councillor November 19, 2007 His Worship Mayor Norm McFarlane and Councillors Your Worship and Councillors, Re: 2008 Council Meeting Schedule The attached meeting dates are proposed for regular Council meetings for the period January to December 2008. A firm schedule will allow us to confirm the requirements for scheduling of public hearings, interpretation services and coordinate Planning Advisory Committee meetings. You will note that every second week is proposed for regular council meetings which frees up alternate weeks for committee of the whole meetings to deal with matters such as budget deliberations. In order to comply with the City Government Act which requires that Council meet at least every 2 weeks, a short regular meeting of Council could be held Thursday December 27, 2007 at noon to deal with time sensitive matters, with the next meeting scheduled for Monday, January 7, 2008 as outlined in the attached. Recommendation That Common Council approve the submitted 2008 Council meeting schedule including the proposed meeting date of December 27, 2007. Respectfully submitted, Elizabeth Gormley Assistant Common Clerk COUNCIL MEETING SCHEDULE - 2008 Regular Meetings 2007 Nov 19 Dec 3 Dec 17 Dec 27 noon 2008 January 7 January 21 February 4 February 18 March 3 March 17 March 31 April 14 April 28 May 12 May 26 June 9 June 23 July 7 July 21 August 5 (Tuesday) August 18 September 2 (Tuesday) September 15 September 29 October 14 (Tuesday) October 27 November 10 November 24 December 8 December 22 Committee of the Whole (as required) 2007 Nov 26 Dec 10 2008 January 14 January 28 February 11 February 25 March 10 March 25 (Tuesday) April 7 April 21 May 5 May 20 (Tuesday) June 2 June 16 June 30 July 14 July 28 August 11 August 25 September 8 September 22 October 6 October 20 November 3 November 17 December 1 December 15 REPORT TO COMMON COUNCIL M & C 2007 - 360 November 14, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Rothesay Avenue /Broadway Avenue Intersection BACKGROUND M. The City of Saint John As Council is aware, Ritchie's Building & Flooring Centre constructed a new building recently on Rothesay Avenue just southwest of the original store location. As part of the site works, the elevation of the property was raised and a new driveway was constructed directly across from Broadway Avenue at its intersection with Rothesay Avenue. The pedestrian crossing signal at that location was replaced with a full set of traffic signals that were installed as part of the relocation of their driveway. Common Council approved a cost - sharing arrangement with Ritchie's (M &C 2005 -368) to cost share the installation of traffic signals at the intersection of Rothesay Avenue and Broadway Avenue on a 50150 basis to a maximum of $22,500 on December 5, 2005. The traffic signals were installed and activated in June 2007. ANALYSIS By mid July, the City received a request from Ritchie's to install an advance flashing green arrow for eastbound traffic turning left into their property. Staff looked at this request and concluded that an advance green was not warranted. The traffic signals at this location were installed as a "loop activated" system, meaning that the signals remained green on Rothesay Avenue continuously until a vehicle activated the loop detector to exit Broadway Avenue or Ritchie's. This would signal the controller to turn the lights red on Rothesay Avenue and provide green for Broadway Avenue and Ritchie's to make the appropriate turning movement. After a set cycle time, the lights would then return to green on Rothesay Avenue until tripped again by the loop detectors at either Broadway Avenue or Ritchie's. M & C 2007 — 360 November 14, 2007 Page 2 Staff, while investigating the signal request, noticed that traffic on Rothesay Avenue was traveling at excessive speeds. When the lights did turn red for Rothesay Avenue, traffic from a noticeable distance away began to slow significantly for the light but would return to constant high rates of speed until the light again returned to red. Staff set the traffic signals to a full cycle mode which would constantly alternate between red and green signals on a preset cycle time. This had an immediate effect on slowing traffic down on Rothesay Avenue at this intersection. Further to the change in signal operation, the speed limit for the entire length of Rothesay Avenue was reduced as of November 1, 2007. This has also had a significant impact on the operating speeds on Rothesay Avenue. Both of these initiatives had helped provide opportunities for left turning traffic to make the turn to either Ritchie's in the eastbound direction or Broadway Avenue in the westbound direction. Requests continued for the dedicated left turn phase and in October, a traffic consultant was engaged by the City to review the layout and operation of this intersection and to provide a recommendation as to whether the dedicated left turn signal was warranted based on the existing demand at the Rothesay Avenue/Broadway Avenue / Ritchie's driveway intersection.. The consultants report was received on November 7 and is attached. The consultant did the analysis based on the requirements for a separate left turn phase based on the "Manual of Uniform Traffic Control Devices for Canada ". This document is published by the Transportation Association of Canada and utilized throughout Canada by provincial and municipal agencies. Two conditions must be met to warrant a left turn signal phase: 1. The average left -turn demand is at least three passenger car units (PCU) per cycle throughout the peak hour; and 2. More than 25 percent of the left -turn volume is delayed by more than one cycle during the peak hour. A traffic count was conducted by City staff on Friday October 26, 2007. The owner of Rithcie's stated that Friday was the highest traffic volume for the store. Based on the results of the count, the consultant determined that neither of the above conditions were met to warrant the left turn signal. It should be noted that the volume of left turning vehicles from Rothesay Avenue into Broadway Avenue was twice the volume of left turning vehicles into Ritchie's Building & Flooring Centre. Although the dedicated left turn phase is not warranted into Broadway Avenue either, it would be more appropriate to install this dedicated left turning movement than it would be into Ritchie's. Traffic turning into Broadway Avenue has more of a problem with sight distance to make the left hand turn when an opposing vehicle is stopped to turn left into Ritchie's. When there is no opposing vehicle turning left into Ritchie's, the turn into Broadway Avenue from Rothesay Avenue can be made quite easily with standard driving caution. M & C 2007 — 360 November 14, 2007 Page 3 The only acceptable and safe method to provide a dedicated left turning movement at this location is to construct a fifth lane. This would provide one straight through lane, one straight /right turn lane in each direction and the left hand turn pocket to allow opposing left turns during the same cycle. The straight through volumes on Rothesay Avenue are too high to dedicate one of the existing lanes for left turns only. Traffic would reach an unacceptable level of service in the single remaining straight through lane. Construction of a fifth lane at this location is estimated to cost $150,000. This expenditure is not recommended as the analysis concluded that the left hand turning movements are too low to warrant the additional lane and dedicated signal phase. There have also been reports that vehicles are "bottoming out" when entering the Ritchie's driveway. This has been reviewed to determine the cause of the problem. Rothesay Avenue has a higher crown (cross - slope) than is generally considered normal. This is a result of the soft compressible soils under the road and in areas where heavier underground infrastructure exists (ie. along the curbline) the settlement is increased. This coupled with the raised elevation in Ritchie's yard, has created too high of a grade change as vehicles enter and exit the driveway. Vehicles "bottom out" if they enter and exit too fast. All of Rothesay Avenue was turned over to the City as a municipal street on January 1, 2007 under the Municipal Designated Highways (MDH) Grant Program. This section, from Tim Street to Route 1 (in front of Ritchie's) was one of the sections that were not reconstructed prior to the turn over as was other sections of Rothesay Avenue. It had been the long- standing view of staff that this section of Rothesay Avenue, from Tim Street to Route 1, should have been reconstructed under the MDH Program to the same standard as had been completed between Russell Street and McAllister Drive, prior to handover. This was not accepted by the Province and this section is now a municipal street. Staff has prepared a redesign of the section of Rothesay Avenue in front of Ritchie's by proposing a section of curb and gutter and the sidewalk be raised to provide a more gradual entrance. The effective raise at the entrance will be approximately 150mm (6 ") and eliminate the "bottoming out" of vehicles entering and exiting the business. The estimated cost to accomplish this is $45,000. FINANCIAL IMPLICATIONS The cost of raising the curb and gutter, sidewalk and resurfacing one lane of Rothesay Avenue at the Broadway Avenue/Ritchie's intersection is estimated to be $45,000 and will be budgeted within the 2008 General Fund Operating Budget or the 2008 General Fund Transportation Capital Program. M & C 2007 — 360 November 14, 2007 Page 4 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering Mr. Eric Giffin, P.Eng. Q ®' Limited Senior Project Manager Engineering, Consulting, Procurement Engineering Division - Municipal Operations and Project Management city of Saint John Box 1971 Saint John, NB E2L 4L1 Dear Mr. Giffin: a, 5 RE: Left Turn Phase Warrant Analysis at Rothesay Avenue/ Q Broadway Avenue/Ritchies Driveway U BEST As requested, I have completed an analysis of whether a separate left MANAGED turn phase from Rothesay Avenue to the Ritchies driveway is warranted COMPANIES with the installation of a new set of traffic signals at the Rothesay Avenue/Broadway Avenue/Ritchies Driveway intersection. This intersection functions as a four -leg facility. A summary of the results is presented below. Objective The objective of this study is to determine whether a left turn signal phase for left turns from Rothesay Avenue to Ritchies is warranted 1133 Regent Street based on the existing demand at the Rothesay Avenue/Broadway Suite 300 Avenue / Ritchies driveway intersection. The requirements for a separate Fredericton, NB E313 3Z2 left turn phase have been based on those documented in the "Manual of Canada Uniform Traffic Control Devices for Canada. This is a document Telephone: 506.452.9000 Fax: 506.459.3954 published by the Transportation Association of Canada and utilized E -mail: adigroup @adi.ca throughout Canada by provincial and municipal agencies. The analysis is based on Part C of the Warrant Criteria which state that OUR MISSION: a left turn signal phase is warranted if the following two conditions are satisfied: Success through satisfied customers (a) The average left -turn demand is at least three passenger car units (PCU) per cycle throughout the peak hour; and www.adi.ca (b) More than 25 percent of the left -turn volume is delayed by more than one signal cycle during the peak hour. ...../2 Traffic Demand Mr. Eric Giffin Page 2 November 7, 2007 In order to determine the existing traffic demand associated with the Rothesay AvenueBroadway Avenue / Ritchies driveway intersection, a turning movement traffic count was completed on a weekday (October 26, 2007) by City staff. The count recorded all turning movements on the intersection approaches between 0730 to 0930, 1130 to 1230, and 1600 to 1800 hours. These are the peak travel periods where volumes are at their greatest during the day. Analysis Results The volumes recorded were utilized to determine whether the two conditions to warrant a left turn phase into Ritchies from Rothesay Avenue are met. With respect to conditions (a) above, which requires that the average left -turn demand is at least three passenger car units per cycle throughout the peak hour, the following results were obtained. Peak Flour Number of Left Turns Number of Vehicles /Cycle' Morning (0730 to 0830) 10 .17 Noon (1200 to 1300) 28 .47 Evening (1630 to 1730) 40 .67 'Based on 60 second cycle The results above indicate the number of vehicles per cycle wishing to make a left turn into Ritchies is well below the 3 vehicles per cycle. It should be noted that the left turns onto Broadway Avenue from Rothesay Avenue are twice as many as those into Ritchies. The second condition relating to the left tam phase warrant relates to 25 percent of the left turn volume needing to be delayed by more than one cycle length. In order to determine the delay a level of service analysis was completed for left turns into Ritchies from Rothesay Avenue utilizing a computer model called Synchro. The results are summarized below and assume no left turn signal phase is in place. ...../3 Mr. Eric Giffin Page 3 November 7, 2007 Peak Period Left Turn Level of Service, seconds Morning LOS A, 7.7 seconds Noon LOS B, 10.7 seconds Evening LOS A, 9.5 seconds As can be seen, the left tam movements will experience very good level of service B or better in the peak periods, with delays of 11 seconds per vehicle or less. Almost all left turning vehicles will make the movement within a cycle length with very little delay. In summary, neither of the conditions are met to warrant a separate left turn phase into Ritchies. The conditions are also not met for a separate left turn phase into Broadway Avenue, although these volume are higher. If separate left turn lanes were provided on the Rothesay Avenue approaches to this intersection, a fully actuated signal design could be implemented with separate left turn phases to handle future traffic demand. If you have any questions relating to the above, please contact me to discuss. Yours truly, Don Good, P.Eng. Senior Traffic Engineer DCG /dmp REPORT T M & C — 2007 -369 November 16, 2007 His Worship Mayor Norm Members of Common Cou Your Worship and SUBJECT: Saint John BACKGROUND: OMMON COUNCIL FI �M City of Saint john On September 10, 2007 a re u s was received to designate the significant portion of West Saint John as a Bus n Improvement Area. This in fact was the second request and is larger than a ieq st made in 2006. At that time the Saint John West Business Association ha een requested to consider a reduced area. ANALYSIS: The map submitted was he map has been drawn illust requested. This area is too The Province has passed lel more Business Improvemer. business but focus in on the area on the attached plan ill Saint John. The designation additional tax onto all comp considered. It should be noted that the and not all the business ar Edward Square are not in L on a generic "Google" printout. The attached larger area encompassing all of the properties a BIA area and can not be supported. >n which allows municipalities to create one or is (BIA). These areas do not typically include all with concentrated business cluster. The darker ;s the concentrated business cluster in West SIA area allows for the imposition of an I properties and therefore needs to be carefully n BIA includes the most concentrated core only Golden Ball Building, Crown Street and Prince Report to Common Council November 16, 2007 The Province must also appr suggests that the larger prop of the province have a more RECOMMENDATION: That the Saint John West Bu willingness to only consider Respectfully submitted, WM R. Baird, MCIP V Commissioner Plannin and Develo ent _,Litt -y�c. P2�� Terrence Totten, F.C.A. City Manager JRB /mmf lM •oposed BIA designation, and initial discussion not what was anticipated. BIAS in other areas ;d area. Association be advised of Council's focused area outlined in the attached plan. Planning Advisory Committee October 31, 2007 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 41A SUBJECT: Proposed Subdivision Hart to Hart Builders Inc. Subdivision 256 Wyatt Crescent On October 9, 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 October 30, 2007 meeting. City of Saint John The developer, John Hart (Hart to Hart Builders Inc.), appeared before the Committee in support of the application and staff recommendation. At that time there were no other presentations made at the meeting concerning this matter, but there was one letter of objection from an area resident. After considering the presentation and staff report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. It should be mentioned that the applicant, Harold Coughlan, spoke afterwards in support of the project. The Committee has already provided Common Council with a favourable recommendation concerning the requested rezoning of the subject property. In addition, the Committee granted the requested variances and proposed new street name. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo - reduced revised Hart To Hart Builders Inc. Subdivision (Parcel "D ") tentative plan, including the proposed new public street, land for public purposes reverse strip, and any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Planning Advisory Committee Page 2 October 31, 2007 3. That Common Council accept a cash in -lieu Land for Public Purposes dedication for this proposed subdivision development. 4. That Common Council authorize cost - sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. Resp ,ully submitted, Stephen Horgan Chairman MRO Attachments Project No. 07 -380 Planning and Development Urbanisme et developpement ww%v.Saintjohn.ca DATE: OCTOBER 26, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4LI TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 30, 2007 crout 06) Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Harold Coughlan Name of Owner: Canada Lands Company CLC Limited Location: 256 Wyatt Crescent PID: 55107577 Municipal Plan: Low Density Residential The City of Saint John Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "R -1B" One Family Residential Proposal: To construct a new public street with approximately thirteen serviced lots for the construction of one - family dwellings. Type of Application: Rezoning, Subdivision and Variances that would: (a) Reduce the minimum separation distance requirement between street intersections from 60 Hart to Hart Builders Inc, Subdivision (Parcel "D ") 256 Wyatt Crescent Page 2 October 26, 2007 metres (200 feet) to approximately 41 metres (135 feet); (b) Reduce the minimum cul -de -sac turnabout diameter requirement from 37.5 metres (124 feet) to approximately 30 metres (100 feet); and (c) Reduce the minimum lot depth requirement of 30 metres (100 feet) to varying depths between 22 metres (72 feet) to 27 metres (89 feet). JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, November 5, 2007. The Act authorizes the Committee to advise Common Council on subdivision developments, including the assent of streets and public easements, authorization of City/Developer Subdivision Agreements, and cost - sharing outside the limits of a subdivision. The Act also authorizes the PAC to grant reasonable variances from the requirements of the Zoning and Subdivision By -laws. Conditions can be imposed by the Committee. Finally, the Subdivision By -law authorizes the Committee to approve new street names. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 256 Wyatt Crescent, having an area of approximately 1.03 hectares (2.55 acres), also identified as being PID No. 55107577, from "RS -2" One and Two Family Suburban Residential to "R -IB" One Family Residential. That, if and when third reading is given to the rezoning application, Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo- reduced revised Hart To Hart Builders Inc. Subdivision (Parcel "D ") tentative plan, including the proposed new public street, land for public purposes reverse strip, and any necessary municipal services and public utility easements. Hart to Hart Builders Inc. Subdivision (Parcel "D ") 256 Wyatt Crescent Page 3 October 26, 2007 That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4. That Common Council accept a cash in -lieu Land for Public Purposes dedication for this proposed subdivision development. 5. That Common Council authorize cost- sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. 6. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning and Subdivision By -laws for the revised Hart to Hart Builders Inc. Subdivision (Parcel "D ") tentative plan that would: (a) Reduce the minimum separation distance requirement between street intersections from 60 metres (200 feet) to approximately 41 metres (135 feet); (b) Reduce the minimum cul -de -sac turnabout diameter requirement from 37.5 metres (124 feet) to approximately 30 metres (100 feet); and (c) Reduce the minimum lot depth requirement of 30 metres (100 feet) to varying depths between 22 metres (72 feet) to 27 metres (89 feet) for proposed Lots 6 -D & 7 -D and 11 -D & 12 -D. That the Planning Advisory Committee approve the new street name `Bermuda Court." INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments with regards to this subdivision development: (a) Engineering has no objection to the proposed subdivision and requested reduced cul -de- sac turnabout diameter and the proximity of the street intersections; (b) The proposed lots should be adjusted in order to satisfy the minimum lot area requirement; and (c) Municipal services can be extended in order to facilitate the proposed new subdivision development. Hart to Hart Builders Inc. Subdivision (Parcel "D ") 256 Wyatt Crescent Building and Technical Services has no objection to this application. Page 4 October 26, 2007 Saint John Transit has indicated that extensive service is provided along Heather Way. Saint John Energy has indicated that underground facilities are in the area. Detailed plans will need to be prepared, and any associated costs and any easement requirements can be discussed with the developer prior to the commencement of the project. Aliant Telecom has underground facilities in the area to service the proposed new development. Rogers has been advised of this proposal. Maritimes & Northeast Pipeline has no concerns with regards to this subdivision development. Leisure Services supports a cash in -lieu Land for Public Purposes dedication for the proposed subdivision. Fire Department has provided the following comments: (a) The proposed cul -de -sac will have to adhere to the following National Building Code Standard 3.2.5.6 Access Route Design; and (b) The proposed cul -de -sac will have to be serviced with fire hydrants at the beginning, middle and end. When the final engineering plans are prepared this requirement should be reviewed by our department. School Board has been advised of this application. ANALYSIS: Subject Property and Neighbourhood The subject property is situated at the intersection of Heather Way and Wyatt Crescent in East Saint John (see attached location map). The property has an area of 1.03 hectares (2.55 acres) with frontages of approximately 79 metres (259 feet) and 136 metres (446 feet) on Wyatt Crescent and Heather Way respectively. The site has remained undeveloped and is mostly covered by shrubs and trees. The surrounding neighbourhood has a mixture of housing types. To the north is an apartment building development consisting of 3 six - storey buildings and a townhouse development (Oakhill Crescent). To the west is the Eastwood Park Subdivision consisting of a number of local streets containing one - family dwellings. This area was developed under the "R -1B" One Family Hart to Hart Builders Inc. Subdivision (Parcel "D ") 256 Wyatt Crescent Page 5 October 26, 2007 Residential zoning, the same zoning being sought by the developer in this application. To the south/southwest are the Wyatt Crescent, and Boyaner Crescent neighbourhoods, which are comprised of mostly one - family dwellings with some two - family and townhouse buildings. These neighbourhoods were developed under a development scheme in the 1970s with reduced lot and yard requirements to accommodate affordable building designs. Development Proposal and Requested Zoning By -law Variances The developer is intending to carry-out a residential subdivision consisting of thirteen (13) new serviced residential lots along a new public cul -de -sac street. Initially the tentative plan did not indicate a name for the proposed street and contained lots that did not satisfy the minimum lot area requirement for the "R -1B" zone. Prior to preparing this report a revised plan was submitted that enlarged the lots so that they now all can satisfy the area requirement. This report and recommendation is based upon the revised tentative plan. The proposed "R -1B" zone requires a minimum lot area of 460 square metres, a minimum lot width of 15 metres (19 metres for comer lots), and a minimum lot depth of 30 metres. The majority of the proposed lots can now satisfy all these requirements, except that Lots 6 -D & 7 -D and I 1 -D & 12 -D cannot satisfy the depth requirement. However, these lots do contain sufficient areas to accommodate the construction of one - family dwellings and most have portions that can satisfy the By -law standard. Where they fall below the requirement is at the location of the proposed turnaround. Under the circumstances these variances are considered reasonable and recommended for approval. Municipal Development Plan and Rezoning Request The Municipal Development Plan has designated the general area as Low Density Residential. This designation permits the construction of one, two, and multiple dwellings and townhouses provided they are compatible with existing neighbourhoods. The applicant is seeking permission to rezone the subject property from "RS -2" One and Two Family Suburban Residential to "R -IB" One Family Residential in order to carryout a one - family urban subdivision. A significant portion of the surrounding residential area, known as Eastwood Park Subdivision, was developed under this zoning. The "R -1B" zone contains the smallest lot dimensions of any serviced zones in the By -law, and would be much more consistent with the immediately adjoining Wyatt Crescent neighbourhood, which was developed under the Saint John East Development Scheme.t In 1970 the Federal and Provincial Governments jointly purchased approximately 283 hectares (700 acres) of land between Grandview Avenue and Hickey Road n East Saint John. The main objective was to increase the availability of serviced land for low - income families. To meet this objective it was decided that the normal development standards would be abandon for new, innovative concepts that offered design efficiencies and cost - savings to the intended market group. This initiative was embodied in the Saint John East Development Scheme. Hart to Hart Builders Inc. Subdivision (Parcel "D ") Page 6 256 Wyatt Crescent October 26, 2007 The majority of the lots along Wyatt Crescent were created with frontages of just 12 metres (39 feet) and depths of 30 metres (100 feet) With the exception of a townhouse development adjacent to Heather Way, many of these properties contain small one - family dwellings. The proposed rezoning to "R -1B" One Family Residential would be consistent with the neighbourhood and is therefore recomm,ended. Subdivision Work & Facilities and The Developer will be responsible to c urban standards, including an asphalt the Developer will be responsible to it Underground public utilities will need along the new street will also be neces Not unlike certain other subdivision de limited size of the subject property the diameter from 37.5 metres (124 feet) t distance is from the street (property) li constructed to satisfy the proper turnip trucks. This width is also sufficient to By -law Variances struct the proposed public street (Bermuda Court) to full ace, concrete curbing, and a concrete sidewalk. Also, .11 municipal sewer, water, and storm services. be extended from Wyatt Crescent. Proper street lights is involving short cul -de -sac streets, due to the is seeking permission to reduce the turnabout approximately 30 metres (100 feet). For clarification this ;s, and a normal turnaround (curb to curb) can be of large vehicles such as snowplough, garbage and fire ontain municipal and public utility infrastructure. The Subdivision By -law also requires a minimum separate distance of 60 metres (200 feet) between the proposed intersection of th new street with Wyatt Crescent and the existing intersection of Wyatt Crescent with He they Way. The proposal only provides a separation distance of approximately 41 metres (1 5 feet). Municipal Operations and Engineering (Traffic Division) has carefully considered this matter and has no objection given the low volume of traffic along Wyatt Crescent. Approval of this variance can be recommended. The recommendation includes all the necessary assents and approvals for this subdivision proposal. Also included in the recommendation is the Planning Advisory Committee's approval of the requested street name `Bermuda Court," which has been determined to be sufficiently different in sound and spelling from existing street names in the Saint John area. Land for Public Purposes The Subdivision By -law requires a 412 square metre (4,435 square foot) Land for Public Purposes dedication for this proposed subdivision. Given the limited area of the subject property the applicant is seeking to provide a cash in -lieu L.P.P. dedication. Leisure Services is supportive of a cash payment, which would be used to help maintain and acquire public park developments in the community. The tentative subdivision plan would also vest a narrow strip of Land for Public Purposes between Lots 1 -D to 8 -D along Heathe> Way. As required by the Subdivision By -law, such a Hart to Hart Builders Inc. Subdivision (Pa el "D") 256 Wyatt Crescent reverse strip will ensure that no indi thoroughfare. Approval of the proposed L.P.P CONCLUSION: Page 7 October 26, 2007 driveways are developed along this busy four lane is recommended. The applicant is requesting to rezone the subject property in order to undertake the proposed one - family residential subdivision. The revised tentative subdivision plan would be consistent with the manner that the neighbourhood has developed, especially the immediately adjoining Wyatt Crescent area that was developed under the Saint John East Development Scheme. The requested variances being sought are considered reasonable under the circumstances. All the necessary assents and approvals MRO Project No 07 -380 this project can be recommended. PLANNING AND DEVELO 7\7B-2 IL- 2 I2 R -2 fx of / URBANISME ET DEVELOPPEMENT Subject Site / site en question Location: 256 Wyatt Cr. / croi RS R M- 2 IL a � -r-7 I PID(s) I N 55107577 Wyatt Date: October I octobre 1, 200 Scale / echelle: Not to scale / as I'echelle SS :�3R b C O p'CD 1y N 7N 8 m, O o r elm ~ m Nab o, W s aY y3� .°•yN O o o tc co ax ; s s a `a§ 1, r u o r '1 �n �- 0 � a IVA NN Ri o04 #asa . ! vy0 n+� vAF a0 VO` a3' OOV .+5 ! J � °x'u eu WP cc o� ti O y N d O �spp /✓ . \yq. 9 y E D nWAae O a m � 1 p � �. OC 101 iol 03 $ .°+ D E° .✓ n O d J o 3 4000 tq J n D ew +°u'P'O" <asadt d ^114 ^d Gri I o a(6o3 O 6 BOZO -1 Oct. 15, 2007 Dear Sir /Madam Re: Proposed Rezoning, Subdivision and Hart to Hart Builders Inc. Subdivision 256 Wyatt Crescent, Saint John, N.B. In my opinion, this property should not be re Ten of the proposed thirteen lots do not me The thirty meter cul- de-sac turnabout is deft turnabouts such as the one I live in have pn These areas shrink once the snow starts to these areas and frequntly have to back up c The requirement for the land for public pure payment to the city will do anything to impro I don't believe this proposal comes close to considered for this area. 1 think that whatever is built on this property IT Untitled OCT 17 N07 11 LaurieCotou�kS¢"1° Saint John, N.B. Canada EV 4L6 :e Application "D") med for this proposed project for many reasons. minimum requirements. rely not acceptable. Thirty -seven and a half meter lems accommodating snow removal and sanitation pick -up. :cumulate. Workers have trouble maneuvering large trucks in abng , in my opinion, safety concerns. as is also not being met and I don't believe making a cash the area. eating even the minimum requirements and shouldn't be be more in line with what is on the other side of Heatherway. Page 1 KA Leslie J. Hopey 11 Laurie Court Saint John, N. B. E2J 4L6 Planning Advisory Committee P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 506 658 -2800 November 14, 2007 Your Worship and Councillors: City of Saint John SUBJECT: Proposed Subdivision 15,19 & 21 Clayton Lane (File: 600 Golden Grove Road) The Committee considered the attached report at its November 13, 2007 meeting. Jennifer Peacock of Hughes Surveys & Consultants Inc. attended the meeting on behalf of the applicant and expressed agreement with the staff recommendation. No other persons attended the meeting. However, two letters were received in favour of the proposal (copies attached). After considering the matter, the Committee adopted the recommendation in the attached report, including the approval of the means of access to the lots. RECOMMENDATION: That Common Council accept a payment of money in lieu of land for public purposes (LPP) for the proposed Leila R. Cathline and Marilyn V. Simonds Subdivision located at 15, 19 & 21 Clayton Lane (portion of PID 311126) and, further, that Common Council assent to the plan with respect to any required municipal services easements and public utility easements. tted, Stephen Horgan Chairman RGP /r Attachments Project No. 07 -408 Planning and Development Urbanisme et developpement www.saintjohn.ca DATE: TO: 191M FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: NOVEMBER 9, 2007 P.O. Box/C.P, 1971 Saint John, NB /N. -B, Canada E2L 4L1 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF NOVEMBER 13, 2007 Planner G. Pollock, MCIP rK The City of Saint John Hughes Surveys & Consultants Inc. (for Marilyn Simonds) Leila R. Cathline Estate and Marilyn V. Simonds 15, 19 & 21 Clayton Lane (File: 600 Golden Grove Road) 311126 Unserviced Residential and Open Space "RS -1" One and Two Family Suburban Residential and "RS -1M" One and Two Family and Mobile Home Suburban Residential To create lots for three existing dwellings Subdivision JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council with respect to land for public purposes (LPP) dedications in conjunction with the subdivision of land. Hughes Surveys & Consultants Inc. 15, 19 & 21 Clayton Lane (File: 600 Golden Grove Road) Page 2 November 9, 2007 The Subdivision By -law authorizes the Committee to approve the creation of lots having access other than a public street. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council accept a payment of money in lieu of land for public purposes (LPP) for the proposed Leila R. Cathline and Marilyn V. Simonds Subdivision located at 15, 19 & 21 Clayton Lane (portion of PID 311126) and, further, that Common Council assent to the plan with respect to any required municipal services easements and public utility easements. 2. That the Planning Advisory Committee approve the creation of Lots 07 -01, 07 -02 and 07 -03 with access via the private driveway known as Clayton Lane, as generally shown on the submitted Leila R. Cathline and Marilyn V. Simonds Subdivision tentative plan. BACKGROUND: In 1974 the Committee approved the creation of a lot (shown as Lot 804 on the attached tentative plan) with a private access from Cathline Drive and recommended that Common Council accept money in lieu of land for public purposes (LPP). However, the final subdivision plan was not prepared and filed at that time. By the time the final plan was submitted in 1980, the lot area standards had changed and it was necessary for the applicant to resubmit the proposal to the Committee for a lot area variance. This was approved on August 12, 1980. The Committee also recommended that Common Council rescind its acceptance of money in lieu of LPP because the Subdivision By -law had also been amended to provide for an exemption of the first lot from the By -law's LPP requirement. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering advises as follows: • Clayton Lane is private — no services will be provided by the City. • Clayton Lane is on Lot 07 -02 and should be labelled "Clayton Lane — Private ". The limits of Clayton Lane are not clear and should be shown on the subdivision plan. • Municipal Operations and Engineering believes that these lots do "abut" Golden Grove Road and provision of a driveway over the stream is all that is necessary for each lot to have their own access. This would be similar to removing a large rock outcrop to gain access to the abutting street. • The foundation elevations are approximately 1 metre (3.3 feet) higher than the spillway elevation at Mystery Lake Dam. This dam needs to be replaced in the near future but has Hughes Surveys & Consultants Inc. 15, 19 & 21 Clayton Lane (File: 600 Golden Grove Road) Page 3 November 9, 2007 not been designed. This may have some effect on the limits of flooding on these properties. • The proposed public utility easement needs a defined end limit, which should be shown on the final plan. Building and Technical Services has no objection. Saint John Energy has been advised of the proposal. Aliant Telecom has no objection and advises that overhead facilities exist. Rogers has been advised of the proposal. Maritimes & Northeast Pipeline has no objection. Leisure Services concurs with the recommendation to require money in lieu of land for public purposes. Fire Department has no objection to the request to place the three existing houses on separate lots. However, the department does have serious concerns with respect to the access route and turn-away facilities that are provided for these existing houses. Access to the houses is off the Golden Grove Road via a 90 to 100 -metre (300 to 330 -foot) common driveway that includes a wooden bridge spanning the brook that runs parallel to Golden Grove Road. It is questionable whether the design, construction and ongoing maintenance of the bridge will support fire apparatus and if it did, there is no turnaround area for responding apparatus at the end of the common drive. It is recognized that these three houses already exist; however, there should be no further development permitted in the Clayton Lane until such time that the driveway is upgraded to National Building Code standards for access road design. N.B. Department of Public Health and Wellness has been advised of the proposal. The applicant indicates that the required application for approval of on -site services has been submitted to the department. School District 8 has been advised of the proposal. ANALYSIS: The subject site is a very large, irregularly- shaped property extending from Golden Grove Road to the back of Lakewood Heights Subdivision, containing well over 40 hectares (100 acres). The site contains three long- existing houses set back approximately 90 to 100 metres (300 to 330 feet) from Golden Grove Road. These houses have civic numbers 15, 19 and 21 Clayton Lane. Hughes Surveys & Consultants Inc. 15, 19 & 21 Clayton Lane (File: 600 Golden Grove Road) Page 4 November 9, 2007 Clayton Lane is the name of the common driveway off Golden Grove Road that leads to the three houses, which are separated from the road by a stream running parallel to the road. The subject area is a semi -rural residential neighbourhood consisting of mainly one - family dwellings on large unserviced lots fronting on Golden Grove Road, Hillcrest Road and Cathline Drive. The pattern of development on the subject property is consistent with this area, except that the three houses share a common driveway rather than having three individual driveways off Golden Grove Road. The property -owner proposes to create lots for each of the three existing houses, as illustrated on the attached tentative plan. Lot 07 -01 would have a lot width of 60 metres (200 feet) and a lot area of 1.1 hectares (2.7 acres). Lot 07 -02 would have a lot width of 54 metres (177 feet) and a lot area of 7000 square metres (1.7 acres). Lot 07 -03 would have a lot width of 56 metres (184 feet) and a lot area of 1.21 hectares (3 acres). The remainder of the property would retain a lot width of approximately 135 metres (443 feet) and an area of over 45 hectares (111 acres). All of the proposed lot widths and areas meet or exceed the minimum requirements for the "RS -1" One and Two Family Suburban Residential and "RS -1M" One and Two Family and Mobile Home Suburban Residential zone, which prescribe a minimum lot width of 54 metres (177 feet) and minimum area of 4000 square metres (1 acre) for a one - family dwelling. The three proposed lots are serviced with existing private wells and septic systems. Nevertheless, Department of Health approval of the on -site services will be required before the Development Officer can approve the final subdivision plan creating the proposed lots. The proposal requires the Planning Advisory Committee's consideration of the following: • P.A.C. approval of the means of access other than a public street (i.e. Clayton Lane). Although each lot has frontage on Golden Grove Road they do not "abut" a public street because at this time they can only be accessed via Clayton Lane due to the stream that runs along the side of Golden Grove Road. (The Community Planning Act defines "abut" to include "having access thereto directly ". • P.A.C. recommendation and Council authorization of money in lieu of land for public purposes (LPP). The proposed subdivision does not change the existing situation other than allowing each of the three existing houses to be owned separately. While the lots technically are not accessed by a public street, each of them does have frontage on Golden Grove Road and, as pointed out by Municipal Operations, it is possible for any one of the homeowners to construct his or her own driveway in the event that disputes arise among them in the future. With regard to LPP, the Subdivision By -law requires a dedication of land amounting to six percent of the area of the lots or, alternatively, a payment of money in lieu of land. In this case, six percent of the land area would amount to only 1800 square metres (less than half an acre). In these situations, it is more Hughes Surveys & Consultants Inc. 15, 19 & 21 Clayton Lane (File: 600 Golden Grove Road) Page 5 November 9, 2007 appropriate to accept money, which must be deposited in the City's LPP account for use in conjunction with the development of City recreation facilities. The final subdivision plan will be required to include the items mentioned by Municipal Operations and Engineering, including clearly labelling Clayton Lane as a private access that is not maintained by the City and showing the limits of the public utility easement. Approval of the access and acceptance of money in lieu of LPP is recommended. RGP /r Project No. 07 -408 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT /, tea. G ry �c Go RS f� F, Subject Site /site en question: Location: 15 -21, allee Clayton Lane File: 600, chemin Golden Grove Road Date: October 18 octobre 2007 Scale /echelle: Not to scale /Pas a I'echelle RS -1M Ch. Xlllerest Rd. R S - 1 e4 o PID(s) /NIP(s): 00311126 may • =J MCA JDA Nt. to n n ♦ a i�yy .NO M O CL nd �Il n d *#4w, _ N � ry 0 Y C�A It/ 40 1>N E 0 � H n .d � N 78 4 • c b D. o c 0 M 00 � c t� Al i t R 7 d 0 9 l:l j ' H it I oil via J£` �iylsf pot 3 V91: le room .................. .................. I�: I see Plan No. 1142 Lot 80 -1 32 8 � G i Purpose Of Plan to create 3 building lots, a Public Utility Easement, and 3.05 wide Right Of Way New Brunswick Grid Co— Ordinate Values Sto, Q Y Scale Factor applied ? ? ? ? ? ?? Rmks. Tentative Plan Leila R. Cathline and Marilyn V. Simonds Subdivision , Sltuate Golden Grove Road , Cirty of Saint John , Saint John County New Brunswick Certified Correct HUGHES SURVEYS & CONSULTANTS INC. Surveyed by Oct. 29, 2007 Date New Brunswick Land Surveyor 20 0 20 40 60 80 1:1000 metres Dwg. No. S04041 2004 Disk No. Topos Disk No. Dwn. by Job No, Rev. No. B.S.M. I Y4 -041 -R as H /05 -R3C,N /. t i AD Key Plan Falls DLwc�aLL L e 1 7 Forest s;.. La 1 ank iy : •\io r. Codostral Plan No. 165 of 00 1000 1• r� Lake R eig t Q ,4,. #KEMOOD :.: PIPE ,,,,a Scale 1 ; 40,000 Registration Data Doc. 344604 Leila Rebecca Cothline Vol. 1271 Pg. 582 to Reg. Mar. 8, 1988 Leila Rebecca Cathline and Marilyn V. Simonds Owner Marilyn V. Simonds Notes 1 ) Directions are N. B. Grid azimuths derived from observation on N. B. Mons. (NAD83 CSRS Adjusted Values) 2 ) All distances are in metres to convert to imperial equivalents divide by 0.3048 . 3 ) Area of survey outlined thus a =no peripheral information compiled from various sources . 4 ) All document and plan references refer to Registry Office for Saint John County 5 ) Field survey completed on 6 ) All computations performed and coordinates shown on this plan are based on New Brunswick Stereogrophic Double Projection and the NAD83(CSRS) Ellipsoid as realized by Service New Brunswick Adjusted coordinate survey monuments 7 ) Pursuant to Section 5 of Regulation 84 -217 the Public Utility Easement(s) shown on this plan vests in Bell Aliant Regional Communications Inc. /Bell Aliant Communications Regionales Inc. and The Power Commission of The City of Saint John. Public Utility Easement(s) shown thus Agent Agent Bell Aliant Regional Communications Inc./ Bell Aliant Communications Regionales Inc. The Power Commission of The City of Saint John V J 1 / C4 Ay% `��% Planning and Development Urbanisme et developpement %�-wl%v.saintjohn.ca November 1, 2007 Dear Sir /Madam: II P.0. BOX/C.P. Saint jo Can L 4L1 j!ny 13 2401 Proposed Subdivision 15, 19 & 21 Clayton Lane (File: 600 Golde rt a. The City of Saint John The Planning Advisory Committee has received the attached proposal to create separate lots for each of the three houses located on the large Leila R. Cathline and Marilyn V. Simonds property (15, 19 & 21 Clayton Lane). At present these three houses are all on the same lot. Each of the proposed lots would have a minimum width of 54 metres (177 feet) and a minimum area of 4000 square metres (1 acre). The remainder of the Cathline /Simonds property would retain a lot width of approximately 135 metres (440 feet) and an area of over 40 hectares (100 acres). All of the proposed lot widths and areas exceed the minimum requirements of the Zoning By -law for unserviced lots. However, the proposal requires the Planning Advisory Committee's consideration of the following: • Committee approval of the proposed private access to the lots (i.e. Clayton Lane); • Committee recommendation and Common Council authorization of money in lieu of providing a Land for Public Purposes dedication. The Committee is interested in hearing the views of neighbouring property owners who might be affected by this proposal. If you wish to express your views, either in favour of or against the proposal, you can do so by submitting your comments in writing and/or by attending the Planning Advisory Committee's meeting on Tuesday, November 13, 2007 at 6:00 p.m. in the Council Chamber, Lobby Level, City Hall. Signed letters should be addressed to the Planning Advisory Committee, City of Saint John, P.O. Box 1971, Saint John, NB, E2L 4L1, and should be received on or before the Monday preceding the meeting. All received letters will be available to the applicant, the Committee, and anyone who may have an interest in the application. If you have any questions, or would like a copy of the report (available between 4:00 p.m. and 4:30 p.m. on Friday, November 9, 2007, or between 8:30 a.m. and 4:30 p.m. on the regular business days thereafter), please contact me at (506) 649 -60764 Si erely, 41. ,' ac. Randall G. Pollock, MCIP t7&� � G Planner /mil -Y Attachments Planning Advisory Committee November 14, 2007 Your Worship and Councillors: SUBJECT: Public Utility Easement 545 Milford Road P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 506 658 -2800 Tr City of Saint John The Planning Advisory Committee considered the attached report at its November 13, 2007 meeting. The applicant, Ms. Doreen Clark, appeared before the Committee in support of the application and staff recommendation. There were no other presentations made and there were no letters received from area residents. After concerning the matter the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested variances relating to this application. RECOMMENDATION: That Common Council assent to any required public utility easements necessary for the proposed subdivision of 5 -15 Milford Road as generally illustrated on the attached tentative plan. Chairman MRO Attachments Project No. 07 -418 Planning and Development Urbanisme et developpement www.saintjohn.ca DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: NOVEMBER 9, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B, Canada E2L 4L1 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF NOVEMBER 13, 2007 Planning Officer Doreen Clark Stella Richard 5 -15 Milford Road 55012504 Low Density Residential "R -2" One and Two Family Residential -�7 The City of Saint John To subdivide a property into three lots in order to place a further residence at the rear of the property. Subdivision and Variances that would: (a) Reduce the minimum lot width requirement of 18 metres (59 feet) to approximately 6 metres (20 feet); and (b) Reduce the minimum rear yard requirement of 7.5 metres (25 feet) to approximately 3 metres (10 feet). Doreen Clark Page 2 5 -15 Milford Road November 9, 2007 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to any required public utility easements necessary for the proposed subdivision of 5 -15 Milford Road as general illustrated on the attached tentative plan. 2. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning By -law for the proposed three -lot subdivision at 5 -15 Milford Road as generally illustrated on the attached tentative plan that would: (a) Reduce the minimum lot width requirement of 18 metres (59 feet) to approximately 6 metres (20 feet) for proposed Lot 07 -02; and (b) Reduce the minimum rear yard requirement of 7.5 metres (25 feet) to approximately 3 metres (10 feet) for the future dwelling to be placed on proposed Lot 07 -02, BACKGROUND: On November 16, 1993 the Planning Advisory Committee favourably considered a variance application to allow a dwelling to be placed on the subject property only 3 metres (10 feet) from the street line. Normally the Zoning By -law requires a minimum front yard setback of 7.5 metres (25 feet). After Committee's approval the landowner proceeded to place the dwelling at 5 -7 Milford Road. On May 9, 2000 the Committee considered a further application to place a mobile home in the northwestern portion of the property. While the Zoning By-law would permit a second main building in this location of the property (since it could be subdivided later), the applicant sought rezoning from "R -2" One and Two Family Residential to "MH" Mobile Home Park in order to allow for the placement of the mobile home. This mobile would be used by an immediate family member (applicant's daughter) who had a medical condition requiring some supervision by the family. Doreen Clark 5 -15 Milford Road Page 3 November 9, 2007 After considering the matter, including presentations by area residents expressing objection/concerns with regards to the requested rezoning, the Committee resolved to recommend the denial of the rezoning application. However, the Committee was willing to allow a mobile home to be situated on the property for the purposes being sought by the applicant. Therefore, the Committee granted a variance to allow for the mobile home on the following conditions: ■ The unit must be situated in the northwestern corner of the subject property as illustrated in the submitted application; ■ The unit must conform to all applicable National Building Code requirements and placed on a permanent foundation; ■ Only the applicant's daughter and her immediate family can reside in the unit; ■ The unit must be directly serviced by municipal sewer and water and public utilities at the expense of the applicant prior to its occupation; ■ The unit must be removed from the property within eight (8) weeks of it no longer being occupied by the applicant's daughter; ■ Municipal services and public utilities must be properly disconnected by the applicant at the removal of the unit; and ■ The applicant or property owner must refrain from seeking permission to allow the unit to remain on the property once the applicant's daughter is no longer residing in it. The Committee also recommended that these conditions be included in a Section 101 Agreement, which was authorized by Common Council on May 15, 2000. The Agreement was entered into on May 15, 2001 and later filed in the Saint John Registry Office. A building permit was issued on May 31, 2001 to allow the placement of the mobile home on the property. It is understood that the applicant's daughter has resided in the structure since that time in accordance with the Section 101 conditions. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indicated that municipal sewer and water service is available from Milford Road to service the proposed new Lot 07 -02. The property owner is responsible to verify the grades on the existing infrastructure to accommodate gravity connection. Municipal Operations and Engineering has no objection to the requested variances. Doreen Clark Page 4 5 -15 Milford Road November 9, 2007 Building and Technical Services has indicated that a building permit to attach another mobile home to the existing unit at 15 Milford Road has recently been issued by the City. Saint John Energy, Aliant Telecom and Rogers have been advised of this application. Overhead facilities are available from Milford Road. There may be easement requirements in order to service the proposed new building lot proponent later. Details and any costs can be discussed with the Maritimes & Northeast Pipeline has no concerns with regards to this matter. Brunswick Pipeline has been notified of this subdivision application. Fire Department has no objection to this application provided the private driveway is constructed and maintained to sustain the weight and turning requirements of fire apparatus during all seasons and weather. ANALYSIS: The subject property is situated near the end of Milford Road in the Pleasant Point area of Milford (see attached location map). The property has an approximate area of 4060 square metres (43,706 square feet or 1 acre) and a street frontage over 70 metres (229 feet). There are two existing buildings on this property. A dwelling situated at 5 -7 Milford Road was placed on the property sometime during the mid 1990s. As mentioned in the Background section of this report, the Planning Advisory Committee granted a variance to allow this building to be approximately 3 metres (10 feet) from the front property boundary. Another structure was allowed to be placed on the property at 15 Milford Road. As also discussed in the Background section of this report, in granting a variance from the requirements of the Zoning By -law to permit a mobile home at this location, which normally would not be allowed, certain conditions were imposed by the Committee. These conditions were also included in a Section 101 Agreement authorized by Common Council. This Agreement was registered in the Saint John Registry Office and is binding on the present and future landowners of the subject property. According to City records the mobile home was placed on the property in 2001. A building permit for the placement of the building was endorsed by the Development Officer on May 22, 2001. The mobile home has since existed in accordance with Section 101 conditions imposed by the City. Doreen Clark Page 5 5 -15 Milford Road November 9, 2007 Proposed Three -Lot Subdivision and Requested Variances The applicant is now seeking permission to subdivide the property into three (3) lots. Two of these lots (Lots 07 -01 & 07 -03) contain the mentioned existing buildings. The other lot (Lot 07- 02) would be created in order to accommodate the placement of a new dwelling. The new building would be a bungalow having a width of 8.5 metres (28 feet) and a depth of 12 metres (40 feet). This 102 square metre (1,120 square foot) dwelling would exceed the 89 square metre (958 square foot) ground floor area requirement for the existing zoning. The area is zoned "R -2" One and Two Family Residential, and the Zoning By -law requires a minimum lot area of 550 square metres (5,920 square feet), a minimum lot width of 18 metres (59 feet), and a minimum lot depth of 30 metres (100 feet). The proposal can satisfy the requirements of the Zoning By -law with the following exceptions: • A minimum lot width of 18 metres (59 feet) is required, but technically Lot 07 -02 only has a width (frontage) of 6 metres (20 feet); and • A minimum rear yard' of 7.5 metres (25 feet) is required for the future dwelling to be placed on proposed Lot 07 -02, but the applicant is requesting only a 3 metre (10 foot) setback. Consideration of Requested Variances The creation of a new lot with limited street frontage but a suitable area and building width has been recommended by City staff a number of times in the past. Provided the proposed frontage has adequate width to accommodate the development of a private driveway, and suitable provision for municipal services and public utilities can be undertaken, the consideration of such applications primarily focus on whether the proposed lot(s) is compatible with its surrounding neighbourhood. Under the "R -2" zoning only a lot area of 550 square metres (5,920 square feet) is required. The new building lot (Lot 07 -02) would have an area of 1565 square metres (16,845 square feet). While it has limited street frontage it widens to 41 metres (135 feet) at the location where the new dwelling would be situated. This provides more than enough space to accommodate the new building. The other two proposed lots also exceed the minimum standard. Furthermore, the proposed lots are consistent with the size of the other 30 properties in this general neighbourhood, which have an average lot area of 877 square metres (9,444 square feet). Under the circumstances the requested width variance for proposed Lot 07 -02 is considered reasonable and can be recommended for approval. It should be noted that the final subdivision ' Initially this setback was considered a front yard and indicated as such in the letter sent to surrounding property owners. However, upon further review it is technically a rear yard. Both yards require 7.5 metres (25 feet) in any event. Doreen Clark Page 6 5 -15 Milford Road November 9, 2007 plan would need to include a notation indicating municipal sewer and water laterals would need to be provided by the landowner from the existing mains within the Milford Road street right -of- way to the property. Otherwise, prior to final subdivision approval the proponent would need to undertake this work. Also, the recommendation includes assent of any necessary public utility easements. As illustrated on the tentative subdivision plan the future bungalow to be located on proposed Lot 07 -02 would only be 3 metres (10 feet) from the new property boundary. The Zoning By -law requires a minimum setback of 7.5 metres (25 feet). The applicant has indicated that it would be ideal to locate the home in this vicinity due to the hilly and rocky terrain at the rear. Given the home would be over 42 metres (138 feet) from Milford Road this reduced setback would not have any impact on the streetscape. Approval of this variance can also be recommended. If this variance was not considered reasonable the dwelling could be either located further back on the proposed new lot, or, alternately, the depth of proposed Lot 07 -03 could be reduced in order to satisfy the setback requirement (only a rear yard setback of 7.5 metres or 25 feet is required for the existing dwelling at 5 -7 Milford Road). Mobile Home Enlargement at 15 Milford Road While not part of this application, the Planning Advisory Committee ought to be aware that another mobile home is planned to soon be attached to the existing structure at 15 Milford Road. This has caused concern for some area residents, who are likely to discuss the matter when this subdivision application is considered by the Committee. With regards to this matter, it should be noted that the Development Officer endorsed a building permit application on October 18, 2007. This permit has since been approved by the Building Inspector. This permit involves the attachment of another mobile home the existing unit. This new structure will also need to be affixed to a concrete slab. All this work will have to be undertaken to the satisfaction of the Building Inspector. At the time of site visit the area was being prepared to accommodate the concrete slab work. The new mobile would be placed on western side of the existing unit facing the James and Elizabeth Robins property at 17 Milford Road. The existing mobile home is approximately 7.8 metres (26 feet) or greater from this common property line. The new unit is expected to be 4.3 metres (14 feet) away from the property boundary. The Zoning By -law requires a minimum side yard of 1.8 metres (5.9 feet). While some residents have expressed objection to the additional mobile home being connected to this existing unit, this addition can satisfy the requirements of the Zoning By-law, and does not violate the existing Section 101 conditions. The original applicant's daughter, Robin Clark, still resides in the mobile home and will continue to do so. According to Robert Clark (original applicant and father) the additional mobile home is Doreen Clark 5 -15 Milford Road Page 7 November 9, 2007 needed in order to provide suitable living accommodations for two girls Ms. Clark intends to adopt. The Section 101 Agreement did not restrict the use of the mobile to only the applicant's daughter, but also allowed for her immediate family to reside in the structure. There was also some concern regarding a further adult residing in the enlarged mobile home. According to Robert Clark this will not be the case. In any event, if such persons were deemed as part of Ms. Clark's immediate family this arrangement would be in keeping with the Section 101 Agreement. It should be further mentioned that since the time when the mobile home (rezoning application) was considered, the City Solicitor has provided a legal opinion concerning mobile homes and how they are regulated by the Zoning By -law. It short, it is the opinion of the City Solicitor that any structure satisfying the applicable minimum ground floor area, and the 4.8 metre (15.7 foot) minimum horizontal dimension requirement for a main building (i.e., dwelling), it cannot be prohibited from being constructed or placed in any residential zone provided they are permanently affixed to the ground. The combination of the two mobile homes will result in a new structure having a minimum ground floor area of 163 square metres (1,758 square feet), which represents the existing 3.7 metre (12 foot) by 16 metre (52 foot) mobile with the new 3.7 metre (12 foot) by 16.5 metre (54 foot) unit. The "R -2" zone only requires a minimum ground floor area of 89 square metres (958 square feet). The combined width of the new structure will be 7.3 metres (24 feet), which will now exceed the minimum horizontal dimension for a main building. In light of this legal interpretation, it is the position of staff that since the new enlarged mobile home can now (or will very soon) fully satisfy the requirements of the residential zoning, the original variances that were sought are no longer necessary, and since the authority to impose the Section 101 conditions were based upon the need for such variance, that the Agreement is also no longer valid . Should this staff determination be unacceptable the matter could be carefully examined by the City Solicitor. At the present time the Section 101 conditions are still being met, and will continue to be so as long as Ms. Clark resides in the enlarged mobile home with her immediate family. MRO Project No. 07 -418 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT t, -Yv • . \ ------------ ---- ' 'r,\ 7A \ \ », »' oa in \ ,- Y %B - { �•�40 � l Or IN i Asit I •, p R \ " T Subject Site / site en question: Location: 5 -15 Milford Rd. / ch. Milford Date: October / octobre 29, 2007 •'. . �� M�rrora ,, '• Z Im2 •,, j to Scale / echelle: Not to scale / Pas a I'echelle PID(s) / NIP(s): 55012504 I If It r f v 1` „r *. - J F ' ' r r n ,•>I IN T. _ 9ati YtY. J i Pr 9 y 7 j d 'fr c =1/ t t _ I ` df P�i 1 d tiA 1. AwWY� V.i1 AJk , _n: I If It r f v 1` „r *. - J F ' ' r r n ,•>I IN T. _ 9ati YtY. J z} �`v�k Y ✓i. �' i Pr 9 y 7 j d 'fr c =1/ _ ` 4p 1 d tiA z} �`v�k Y ✓i. �' Y J {p lry r� ' 1. t �•�j i A {y, q l r U i Y J {p lry r� ' 1. t �•�j i A {y, q l r U November 14, 2007 Your Worship and Councillors: SUBJECT: 242 Duke Street West - Subdivision Application The Planning Advisory Committee considered the attached report at its November 13, 2007 meeting. Mr. Mitchell Webster, of Galbraith Construction, appeared in support of the application and noted that he was in agreement with the recommendation as set out below. Ms. Colleen Gagnon, 279 Guilford Street, also appeared in support of the application, and one letter of support was received by the Committee. A similar subdivision application was considered by the Committee and Common Council in the spring of 2007. At the meeting of April 10, 2007, Council assented to one or more subdivision plans for the development of 242 Duke Street West and to any required municipal services and public utility easements. Council also authorized the preparation and execution of a City /Developer Subdivision Agreement(s) to ensure provision of the required work. The current application to the Planning Advisory Committee and Common Council deals with a number of variances and the acceptance of cash -in -lieu of Land for Public Purposes. After considering the attached report and presentations, the Committee adopted the recommendation as set out below and approved the requested variances. RECOMMENDATION: That Common Council assent to cash -in -lieu of Land for Public Purposes equal to 8% of the market value of the land in the subdivision at this time, inclusive of the private lane. Respectfully submitted, Carl Killen Third Executive Member SKH Attachments Project No. 07 -415 DATE: NOVEMBER 9, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF NOVEMBER 13, 2007 SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: Sarah Herring, MCIP Planner Galbraith Construction Ltd. Galbraith Construction Ltd. 242 Duke Street West various - 00361865, 55144869, 55144885, 55144901, 55144927, 00362061, 55144877, 55144893, 55144919, and 55144935 Low Density Residential "RM -1" Three Storey Multiple Residential To construct 25 townhouse units Subdivision and variances to: a) reduce the minimum required front yard from 7.5 metres to approximately 2 metres; b) reduce the minimum required lot area from 230 square metres to approximately 125 square metres; Galbraith Construction Ltd. 242 Duke Street West JURISDICTION OF COMMITTEE: Page 2 November 9, 2007 c) increase the maximum permitted lot occupancy from 35% to approximately 56 %; d) reduce the minimum separation between the side walls of adjacent townhouse buildings from 8.7 metres to approximately 1.6 metres; e) reduce the minimum required rear yard from 7.5 metres to approximately 5.9 metres; and f) reduce the minimum required side yard from 3 metres to approximately 2.75 metres for that portion adjacent to building "D ". The Community Planning Act 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 Community Planning Act also authorizes the Committee to approve the naming of streets and give its views to Common Council concerning land for public purposes (or acceptance of cash -in- lieu) dedications in conjunction with the subdivision of land. STAFF RECOMMENDATION TO COMMITTEE: 1. That the Planning Advisory Committee approve the requested variances to: a) reduce the minimum required front yard from 7.5 metres to approximately 2 metres; b) reduce the minimum required lot area from 230 square metres to approximately 125 square metres; c) increase the maximum permitted lot occupancy from 35% to approximately 56% d) reduce the minimum separation between the side walls of adjacent townhouse buildings from 8.7 metres to approximately 1.6 metres; Galbraith Construction Ltd. 242 Duke Street West Page 3 November 9, 2007 e) reduce the minimum required rear yard from 7.5 metres to approximately 5.9 metres; and f) reduce the minimum required side yard from 3 metres to approximately 2.75 metres for that portion adjacent to building "D ". to permit the proposed townhouse development at 242 Duke Street West as generally illustrated on the attached "New Albert Court" Plans, on condition that the site shall not be development except in accordance with the applicable Section 39 Conditions and detailed site and exterior elevation plans demonstrating contextual compatibility, to be prepared by the applicant and subject to the approval of the Development Officer. 2. That the Planning Advisory Committee approve the name "New Albert Court" for the private lane on the subject site. 3. That Common Council assent to cash -in -lieu of Land for Public Purposes equal to 8% of the market value of the land in the subdivision at this time, inclusive of the private lane. BACKGROUND: In March 2007, the Planning Advisory Committee considered an application to create 16 lots on the subject site for townhouse development. The Committee granted variances to: a) permit a dead -end private street, b) permit the creation of double- frontage lots, c) reduce the minimum required lot depth from 30 metres to approximately 28 metres for lots 01 — 01 and lots 10 — 16, and to approximately 24.4 metres for lot 08 and 09 on condition that vehicular access be restricted to only one lot frontage once site and elevation plans for the proposed townhouse development are finalized. The Committee did not impose any additional terms and conditions on the proposed dwelling group. As recommended by the Committee, Common Council assented to one or more subdivision plans as generally illustrated in the application for 242 Duke Street West, and to any required municipal services and public utility easements. Following the closure and demolition of the former New Albert School, the subject site was rezoned on October 23, 2000 from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential to permit residential development of the site. Section 39 conditions attached to the rezoning require that: Galbraith Construction Ltd. 242 Duke Street West Page 4 November 9, 2007 a) the developer must pave all parking areas, loading area, manoeuvring areas and driveways with asphalt, b) the developer must enclose all paved areas with continuous cast -in -place concrete curbs, where deemed necessary by the Development Officer, in order to protect the landscaped areas and to facilitate proper drainage, c) the developer must provide adequate site drainage facilities (including catch basins, where necessary) 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) All utilities, including power and telephone, must be provided underground by the developer, e) The developer must landscape all areas of the site not occupied by buildings, driveways, walkways or parking areas. The landscaping must extend onto the City street right -of- way to the edge of the street curb /sidewalk, f) The site shall not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, free - standing signs, exterior lighting, landscaped areas and other site features. The approved site plan must be attached to the application for building permits for the development, g) The site shall not be development except in accordance with detailed exterior elevation plans, prepared by the applicant and subject to the approval of the Development Officer, which demonstrate contextual compatibility with the historic character of buildings in the neighbourhood of the subject site, and which are generally in accordance with the guidelines contained in the Infill Housing and Rehabilitation Guidelines of the City of Saint John. The approved elevation plans must be attached to the application for building permits for the development, and h) The developer must complete all work shown on the approved site and elevation plans within one year of building permit approval. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has received detailed engineering plans from the applicant to review. Building and Technical Services has no concerns with the proposal at this point. Galbraith Construction Ltd. 242 Duke Street West Page 5 November 9, 2007 Saint John Transit offers frequent service along Duke Street West and supports high density development. Accordingly, Saint John Transit has no concerns with this variance application. Fire Department has been advised of this application. Heritage Department points out that as The City moves toward implementation of Urban Design Guidelines in other areas of Saint John, it will need to focus on the design of new construction to enhance its fit into the neighbourhood where it is proposed to be constructed. Contextual compatibility can be achieved through an analysis of the massing, elements and detailing of existing building stock. Issues of massing can generally be handled through the current zoning process by requiring new construction to be of comparable height, setback, side yards, rear yards, etc. However, current zoning -based ordinances are unable to guide the introduction of character defining elements of the details which enrich them. Although considered architectural, these elements often go well beyond visual and aesthetic niceties. For example, while a traditional veranda on a Queen Anne style building is usually a horizontal element frequently used to balance a vertical element such as a turret, it also provides a community function in that it gives an opportunity to make a more gradual transition between public and private spaces. Regarded in this manner, the character defining elements which are currently missing from the townhouse proposal are envisioned as not merely aesthetic, but as providing opportunities for members of a revitalized Lower West Side community to interact. In a similar manner, articulation of the facades through setting back the plane of one unit from the other provides enhanced privacy for each owner. Projecting bay windows, for example, provide higher quality spaces within the individual units. These "spaces" in turn increase the "curb appeal' and marketability at the same time as they allow the new development to achieve contextual compatibility with elements found on surrounding dwellings. Replication of existing buildings is not the goal. Buildings that are of their own time, yet which fit well within their community context are increasingly being expected and sought, and in this, are required. In this particular project, the Heritage Architect recommends the addition of- a) verandas at each of the four corners of the project to "celebrate" the corners; b) enhanced detailing to define the entry and make the individual identity clear for each unit through either a small porch/portico /projection with brackets, use of different doors, etc.; c) use of one and two - storey projecting bay window forms in conjunction with roof gables of at least two different configurations; d) use of a different feature window at the second floor level (at the top of the staircase) in each of the units that form a cluster; Galbraith Construction Ltd. Page 6 242 Duke Street West November 9, 2007 e) use of corner boards, plinths and fascia boards to provide unit identity; and f) some gesture to the detailing of verandas (balusters), entries (brackets), projecting gables, etc. ANALYSIS: Subject Site and Neighbourhood The subject site is made up of several lots on the former New Albert School property on the City's Lower West Side. The vacant site has an area of approximately 4,852 square metres (1.2 acres) with frontages on Duke Street West, Guilford Street and Watson Street. There is a significant elevation change of approximately 5 -6 metres (16 -20 feet) between the Guilford and Duke Street West frontages. The surrounding neighbourhood consists primarily of one -, two- and multiple - family dwellings on traditional urban lots. The overall pattern of development in the area is typical of the older areas of the City, with buildings located close to the front and side property lines. The Lower West side contains mostly older buildings and many have retained significant historic value. The area was included in the City's Infill Housing and Rehabilitation Design Guidelines report, where criteria for sensitive infill housing were outlined and the standards for the "RM -IF" Multiple Residential Infill zone were created. Immediately adjacent to the subject site, there is a dwelling at 261 Guilford Street, a group home at 219 Guilford Street, and a trophy and screen printing business at 244 Duke Street West. King Square West, a large City -owned open space and playground area, faces the site across Duke Street West. The subject site has a high profile in the neighbourhood due to its frontage on three streets, its former role as a community institution, and the length of time it has stood vacant. Development of the site will represent the first new development in this neighbourhood in a significant amount of time, and will play an important part in any redevelopment or revitalization of the surrounding neighbourhood. This influence and the importance of the site was recognized and addressed in the Section 39 Conditions placed on the site in October of 2000 requiring high quality site finishing and contextual compatibility with the established neighbourhood character. Development Proposal The applicant is proposing to construct a townhouse development consisting of six buildings with a total of 25 townhouse units on the subject site. The Committee and Council previously gave approvals for the subdivision of the site, including the private lane and any required municipal services Galbraith Construction Ltd. 242 Duke Street West Page 7 November 9, 2007 and public utility easements. These approvals are still valid as the current proposal is similar to that previously approved. The original townhouse plans submitted in March of 2007 were withdrawn due to concerns from staff and the community about compatibility with the existing neighbourhood character. Since that time, the applicant and staff have worked to refine the site, elevation and floor plans for the proposed townhouses. The current proposal has addressed several concerns noted by staff and nearby residents, but the development as a whole still requires several variances from the Zoning By -law. Zone Standards In March of 2007, the Committee approved the proposed townhouse development as a Conditional Use, and granted variances to permit the private lane and municipal services easement running through the centre of the property, and to permit the resultant reduced lot depths. The "RM -1" Three Storey Multiple Residential zone contains standards for townhouses, or dwelling groups, requiring 230 square metres (2,475.7 square feet) of area and 5 metres (16.4 feet) of lot width for each individual lot within the development, as well as lot depths of 30 metres (98.4 feet), although this requirement was reduced to a minimum depth of 24.4 metres (80 feet) by the variances granted in March of 2007. The spacing of townhouse units on the development site is also set out by the "RM -1" Three Storey Multiple Residential zone. A minimum distance between the side walls of adjacent units equal to the height of the taller wall is required, and the maximum lot occupancy for each unit is 35 %. In addition, the minimum front, side and rear yards set out for all dwelling types in the "RM -1" Three Storey Multiple Residential zone are also applicable to townhouses. A minimum front yard of 7.5 metres (24.6 feet), a minimum side equal to the greater of 10% of the lot width (to a maximum of 3 metres (9.8 feet)) or 1.5 metres (4.9 feet), and a minimum rear yard of 7.5 metres are required for each of the townhouse units. Contextual Compatibility and Associated Variances As previously mentioned, the original townhouse plans (attached as "March 2007 Plans "), were withdrawn due to concerns from community members and staff about the contextual compatibility of the proposal with the surrounding neighbourhood. In subsequent meetings with staff, the applicant conveyed a willingness to amend the proposed plans to achieve greater compatibility, but stressed that their ability to alter the plans was contingent on the economics of the project. In response, staff suggested a number of changes to improve the development's fit with the neighbourhood within a viable economic framework. Firstly, staff suggested a reduction in the front yard setback below the 7.5 metres (24.6 feet) minimum to reflect the existing streetscapes in the area. Buildings on the Duke Street West block face between Galbraith Construction Ltd. 242 Duke Street West Page 8 November 9, 2007 Lancaster Street and Watson Street have front yards ranging from 0 metres to approximately 3.5 metres (11.5 feet). The adjacent block of Duke Street West, from Watson Street to Ludlow Street, exhibits a similar range of front yards. In response to staff s request for a more compatible streetscape and for articulation of the buildings, the townhouses fronting on Duke Street West are now proposed to have front yards of approximately 2 metres (6.6 feet) for buildings A and C, and approximately 5.5 metres (18 feet) for building B. The Guilford Street block face between Watson Street and Lancaster Street exhibits a slightly larger range of setbacks, with the adjacent building at 261 Guilford Street having a front yard of approximately 7.5 metres (24.6 feet) and the other buildings on the block having front yards of approximately 0 metres. This variation, coupled with the steeper and more problematic topography on this portion of the site, led to the townhouses fronting on Guilford Street being proposed to have front yards of approximately 7.5 metres (24.6 feet) for building E and approximately 11 metres (36.1 feet) for buildings D and F. These front yards are permitted by the "RM -1" standards, and as noted, are necessary to permit vehicular access and municipal services for these lots. Secondly, in order to remedy a primary concern over the single- storey front facade ofthe townhouses while maintaining affordability for the applicant, staff suggested decreasing the width of each unit to the minimum 5.5 metres (18 feet) permitted by the "RM -1" zone. This increase in density would balance out the cost - per -unit increase of an additional storey. However; the result of narrower lots, combined with the previous variance to reduce the minimum lot depth, now necessitates variances to reduce the minimum lot area of 230 square metres required by the Zoning By -law. Due to the location of the private lane and turnaround area, the size of each lot varies from a minimum area of approximately 125.4 square metres (1,349.8 square feet) to a maximum of approximately 246.4 square metres (2,652.2 square feet). Lot area variances are required for all but one of the proposed townhouse lots. Additionally, the reduced lot areas result in variances also being required to increase the maximum permitted lot coverage from 35% to a maximum of approximately 56% (although only one lot requires this substantial a variance). An additional result of the reduced lot depths, required to permit the private lane and municipal services easement, and the increased setbacks along Guildford Street, required due to the steep topography on the site, several of the proposed lots require variances to reduce the rear yard from 7.5 metres (24.6 feet) to approximately 5.9 metres (19.4 feet). Finally, in order to maximize the number of units on the subject site and offset the developer's cost to provide more a contextually compatible development, variances are required to reduce the separation between the side walls of adjacent townhouse buildings from 8.7 metres (28.5 feet), the height of the walls, to approximately 1.6 metres (5.2 feet) between buildings D, E and F, and approximately 6 metres (19.7 feet) between buildings A, B, and C. A variance is also required to reduce the side yard adjacent to building D from 3 metres (9.8 feet) to approximately 2.75 metres (9 feet). Although the "RM -1" Three Storey Multiple Residential zone permits townhouses, or dwelling groups, many of the zone standards were not specifically designed for this form of development. The Galbraith Construction Ltd. 242 Duke Street West Page 9 November 9, 2007 "TH" Townhouse zone, on the other hand, was specifically designed for developments such as this one, and contains more fitting standards. In particular, the "TH" Townhouse zone permits smaller individual lots, requiring a minimum lot area of only 180 square metres (1,937.5 square feet), smaller front yards of only 3 metres (9.8 feet) on local streets, and greater individual lot occupancies up to 50 %. Analysing the proposed townhouse development in comparison to these townhouse- specific standards brings the proposed site and lot plans more into context and reduces the apparent magnitude of many of the requested variances. The requested variances are supported by staff as many result from suggestions made to increase the contextual compatibility of the project in line with the direction of the Section 39 Conditions applied to the subject site in 2000. In several cases, the standards of the "RM -1" Three Storey Multiple Residential zone are in conflict with the context of the neighbourhood, and it is recommended that the context of the area and the fit of this development within that context take precedent over the zoning of the site in this instance. While the number, and sometimes magnitude, of the variances may seem high, the result will be a higher density, urban townhouse development that is compatible with the look and development pattern of the surrounding neighbouring, and the standards of townhouse - specific zoning, and that will offer an attractive urban housing option at a reasonable price. Street Naming The proposed name for the private lane, "New Albert Court" responds to the former use of the property as the New Albert School, and has been recommended by the Mapping Department as being sufficiently different from existing street names. Land for Public Purposes As Land for Public Purposes was not dealt with during the original March 2007 subdivision application, and the number of lots being created has changed since that time, the Committee must consider the issue at this time. As the subject site is located directly across from King Square West, a large playground and open space, a cash -in -lieu dedication is preferable to land for public purposes. The Subdivision By -law directs that the subdivision of land in an "RM -1" Three Storey Multiple Residential zone is subject to a dedication equal to 8% of the market value of the land in the subdivision at the time of plan approval. While this percentage is exclusive of land indicated as streets to be publicly owned, the proposed New Albert Court must be included in the calculation as it will not be vested as a public street. CONCLUSION: Galbraith Construction Ltd. 242 Duke Street West Page 10 November 9, 2007 Approval of the requested variances is supported to facilitate a contextually compatible, higher density urban development. The addition of quality housing at a reasonable price within the urban areas of the City is encouraged. The Section 39 Conditions on the site dictate that the final detailed site and elevation plans remain subject to the approval of the Development Officer, and further refinements to the fagade and detailing of the buildings will be required to meet the contextual compatibility requirement. Staffwill continue to work with the applicant, and the applicant's architect, to achieve a better visual quality and fit with the neighbourhood. The proposed street name, "New Albert Court", is recommended for approval as it is sufficiently different from existing street names. The proposed cash -in -lieu of Land for Public Purposes can also be supported due to the close proximity of existing public space. SKH Project No. 07 -415 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT ♦' ♦ , 74 31 v 3oa ♦ . / • 366 r /�� ♦, • 31 176 V , • ♦ ,8 dtso� / ♦ / � S 44 '83 ' ♦'., ' L 206 - 1 �4 2t P •' • ♦ \ 210 128 233 f . it / 262 ♦ / ♦ 264 279 / 00 /� ♦ / ♦ 108 Subject Site /site en question; t Location: 242, rue Duke Street (o.NV) Date: October 31, 2007 Scale /echelle: Not to scale /Pas a I'echelle w 170 172 1 176 178 16 180 182 184 ee 163 166 188 183 190 196 192 6� 174 201 1" 203 213 204 216 62 166 219 164 166 166 1 , 168 186 181 1 228 170 18 n i 234 236 1/ /206 �• 208 \ 212 PID(s) /NIP(s): 00361865 00362061 55144869 55144877 55144885 55144893 55144901 55144919 55144927 55144935 PRODUCED BY AN AUTUDESK EDUCATIONAL PRODUCT t r o J r =o ' w o c� z fill t-� W U 19MUS NOSIVAk c N 7 F•� f.r.� 0 O Z W i U7 6� 0.5 F� � N O N S s t in v M O v c n m v m a z n c -+ O v m N x m v D O D r O v c n 1 PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT J � o = Z o to ~ o O _� ? :@ u, O LL- III 3 Z � 1 O VH I I s Lo 7w c iV 1 —/ 13nWald IVNOLLVDna3 AS3aO1nV NV AS a30naoHd U m PRODUCED 8Y AN AUTODESK EDUCATIONAL PRODUCT i nnnnHa ivmnI I v.nnn:i HS3aOln`d NV X8 a3ona021d m A O v c n m 0 tp n z a c Mq O v m m v c n n 0 z D r v O v c n 4 PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT y i W r ku m s � 1L Z-K e o)nnnHa ien,n„ do)nn=i mcann 1 nd NV AR nannan»d O J O O O J a F F: :t II : AR nannan»d PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT ci y � J�' h tg A In t j O ^X W A R 2, y[aj�, YQ�,J1 G LL ~ OG J Q } s n o � O 1�885i� I P .e i 0 j 0 b a i i b b t C 4 :ffi� UZ b L -4� Ul L_ U= L L 4.96 i i nnrin?I.a awwv l do)m:i )Kann 1 nv Nv AA na7ntiomd PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT ~ w ri x J O G� o p ~ N x U 4a�si a e 4 r C=E r i S L 0 _ I � U 0 � (fi 1DnOONd ivNOL1VDna3 maolnd NV As a3anGObd PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT a F- w X A 19MdIS HOSIVM N J, f 0 Wk 11i+ �4 X104 .1. 11 I. rm -. r ..A 11 1 'v.c .1 11 1, v..Y..fwSRwMtlM'r s a e; ! air 00 O v m n v V^ C. 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M 0 R ¥ � 2\ §\ Z : ^ ` ¥ §\ 2 ! §, - � , f PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT O lei W , Ze �3i r 3 x .rtf N T n V O O I C R Z It C�l i L o F i e n II .rr .rt .r,cs V O v c m m v a) 4 z D c O v (n m m V v c n N O Z D r L O -� v L c n owl r PRODUCED BY AN AUTODESK EDUCATIONAL PRODUCT p� r O z ,�8 O (L i R ill bib 0 8 ti — �I � N T r v si ti J Q M1 o un Z o. � a ib .rb v � 8 1.� 8 N FROM :ALBERT JACOBS FAX NO. : t�`�,/V� Oct. //�� � EIVED . 08 2007 10:08AM P1 Noy 8 z��� �.. ALBERT JACOBS f 304 INGLEWOOD DRIVE `� 11 GRAND BAYMESTFIELD NB f; E5K 2G1 L4 All f4l �j :is A 0 a dc�. oe Z-0 7�v 10 JO ya 7:j i ,241A Dlexret& f?04 k�Lr ACV �E� FP Canadian Union t Public Employees i Syndicat canadie� de la fonction publique I35 SAINT JOHN AREA OFFICE 208 Lancaster Avenue, Saint John, NB E2M 2K9, 50) 35 -1622, Fax: (506) -1624 cupe.ca scfp.c& November 15, 2007 i I I City of Saint John � 15 Market Square CP. 1971 Saint John, NB E2L4L1 Attention: Pat Woods, C ty C erk Dear Mayor and Council: Due to the recent motion of c uI i o g to review the idea of funding optij �ns, including Private Public Partnerships Co two water treatmen plants for the Sail) John and surrounding areas business's an d c tizens, CUPE ational Research would like to respectfully request to appear be o e council on M nday, November 11), 2007 in open session. CUPE National Research wot Id III e to present an objective report on thei projects detailing known financial impac n other municipalities and its citize s, as well as alternative funding possibiliti s. On behalf of CUPE National Re k,' rch we look forward to an open Public Presentation to C01.11161. Respectfull I Mike Davidson National Representative ; I li dkI'L)pn -41[ I]c,.n.vd Sw 11 9Iml vlWnL14 1-c1411 I cnh I pin J1 Ili nd Mi mi licl C.,,ILImn 1 � n L be re I c Jo udl II107do, PAUL MOIST — National President / President natioral CLAUDE GENEREU% — National Secretary-Tr asurer / Secretaire- tresorier national MARIO GERVAIS —TOM GRAHAM — RICK MACMILLAN— B RRV O'NEILL — PATRICK (SID) RYAN — General Vice- Presidents / Vice - presidents generaux I