2010-04-12_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, April 12, 2010
Committee of the Whole
1. Call to Order
5:00 p.m. 8th Floor Boardroom City Hall
1.1 Approval of Minutes 10.2(4)
1.2 Nominating Committee 10.2(4)(b)
1.3 City Market Management 10.2(4)(b,c)
1.4 Land Matter 10.2(4)(c,d)
1.5 Land Matter 10.2(4)(d)
Regular Meeting
1. Call to Order — Prayer
5:45 p.m. Council Chamber
2. Approval of Minutes
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 E. Teed Letter: Tourist Promotion and Rockwood Park (Recommendation:
Receive for Information)
5.2 E. Teed Letter: Recognition on Various Objects as a Form of Income
(Recommendation: Receive for Information)
5.3 E. Teed letter: Long Term Wedding Anniversary Recognitions
(Recommendation: Receive for Information)
5.4 The St. John River Society Request to Present (Recommendation: Refer to the
Clerk to Schedule)
5.5 M. Reid Letter: Loch Lomond Road Speed Limit (Recommendation: Receive
for Information)
5.6 Acquisition of a Municipal Emergency Management Planning Software Suite
(Recommendation in Report)
5.7 Sale of Portion of Water St. to Harbourfront Residences at Three Sisters Inc.
(Recommendation in Report)
5.8 Lease Renewal Infusion Tea Room (Recommendation in Report)
5.9 Proposed Public Hearing Date for 1275 Grandview Ave and 1000 Sandy Point
Rd (Recommendation in Report)
5.10 Proposed Subdivision 23 -37 and 24 -40 Linda Court (Recommendation in
Report)
5.11 Initiate Stop Up and Closure for Portion of Sussex Dr. (Recommendation in
Report)
5.12 Brentwood Crescent Storm Sewer Easement Acquisition 432 Woodward
Ave (Recommendation in Report)
5.13 Sidewalk Machines (Recommendation in Report)
5.14 Water St Precinct Saint Andrew's Park Enhancements (Recommendation:
Receive for Information)
5.15 Public Information Session Burpee Ave Retaining Wall Reconstruction
(Recommendation: Receive for Information)
5.16 Public Information Session Market Place Water Main, Sanitary Sewer and
Storm Sewer Installation and Street Reconstruction (Recommendation: Receive
for Information)
5.17 Public Information Session Bayside Dr and Red Head Rd Harbour Clean Up
Construction Projects (Recommendation: Receive for Information)
5.18 Engineering Design and Construction Management Spruce Lake Water
Treatment Facility Pump and Back up Power Replacement (Recommendation in
Report)
5.19 Westfield Rd Reconstruction Phase A Design Services Update and
Construction Management Services Engagement (Recommendation in Report)
5.20 Blueberry Hill Grant Request (Recommendation in Report)
5.21 Establishment Change (Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 National Volunteer Week April 18th -24th - Rogers TV
8. Delegations / Presentations
6:15 p.m.
8.1 Crime Reduction Strategies for Saint John - SJHS
6:30 p.m.
8.2 New Brunswick Provincial Capital Commission
9. Public Hearings
7:00 p.m.
9.1(a) Proposed Section 39 Amendment - 1151 Golden Grove Rd
9.1(b) Planning Advisory Committee Recommending Denial of Application
9.2(a) Proposed Zoning By -Law Amendment 7 Northumberland Ave
9.2(b) Planning Advisory Committee Recommending Rezoning
9.3 Proposed By -Law Amendment Stop Up and Close a Portion of King St
10. Consideration of By -laws
10.1 Third Reading Street Closing - Portion of Elgin St
10.2 Third Reading Street Closing - Water St
10.3(a)Third Reading Zoning By -Law Amendment - 1666 Hickey Rd
10.3(b)Section 39 Conditions
11. Submissions by Council Members
11.1 Vendors at Fallsview Park and other Civic Public Places (Councillor Farren)
11.2 Simms Corner Transportation Challenges and Solutions (Councillor
McGuire)
11.3 Report on the Suitability of Placing Stop Signs on Duke St. West (Councillor
Killen)
11.4 Saint John Energy Meeting (Councillor Higgins)
11.5 Revenue Generation Committee Presentation (Councillor Higgins)
11.6 Harbour Bridge Update (Councillor Higgins)
2
12. Business Matters — Municipal Officers
12.1 City Solicitor: Harbour Cleanup Project
12.2 City Manager: Proposal for Site Selection and Preliminary Design - Fire
Station 6
12.3(a) City Manager: Saint John Building By -law Amendment, MC2010 -117
12.3(b) Planning Advisory Committee Recommending By -law Amendment
12.4 City Manager: Update on Bridge Rd - Simms Corner - Fairville Blvd
Corridor
12.5 City Manager: Red Head Rd Sanitary Lift Stations 1 and 50
12.6 City Manager: Customer Service Update
13. Committee Reports
13.1 Planning Advisory Committee: Proposed Subdivision 1666 Hickey Rd.
13.2 Planning Advisory Committee: Westfield Road Reconstruction Project Street
Vesting 1871, 1920 and 2090 Westfield Rd.
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Adjournment
3
The City of Saint John
Seance du conseil communal
Le lundi 12 avril 2010
Comit6 pl6nier
1.Ouverture de la seance
17 h — Salle de conf6rence, 8e 6tage, hotel de ville
1.1 Approbation du proces- verbal — paragraphe 10.2(4)
1.2 Comite des candidatures — alin6a 10.2(4)b)
1.3 Gestion du march6 municipal — alin6as 10.2(4)b), c)
1.4 Question relative aux biens -fonds — alineas 10.2(4)c), d)
1.5 Question relative aux biens -fonds — alin6a 10.2(4)d)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
17 h 45 — Salle du conseil
2. Approbation du proces- verbal
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a Papprobation du conseil
5.1 Lettre de E. Teed au sujet de la promotion touristique et du parc Rockwood
(recommandation : accepter a titre informatif)
5.2 Lettre de E. Teed au sujet de divers objets comme source de revenu
(recommandation : accepter a titre informatif)
5.3 Lettre de E. Teed au sujet de la reconnaissance a long terme d'un anniversaire
de mariage (recommandation : accepter a titre informatif)
5.4 Demande soumise par la Soci6t6 d'histoire de la riviere Saint -Jean qui d6sire
se presenter devant le conseil (recommandation : transmettre a la greffiere pour
qu'une date de pr6sentation soit fixee)
5.5 Lettre de M. Reid au sujet de la limite de vitesse sur le chemin Loch Lomond
(recommandation : accepter a titre informatif)
5.6 Acquisition d'un ensemble de logiciels de planification en matiere de gestion
des urgences des municipalit6s (recommandation figurant au rapport)
5.7 Vente de la rue Water jusqu'aux Harbourfront Residences a Three Sisters Inc.
(recommandation figurant au rapport)>
5.8 Reconduction du bail du salon de the Infusion (recommandation figurant au
rapport)
5.9 Date proposee de la tenue d'une audience publique relativement au
1275, avenue Grandview et au 1000, chemin Sandy Point (recommandation
figurant au rapport)
5. 10 Projet de lotissement aux 23 -37 et 24 -40, cour Linda (recommandation
figurant au rapport)
5.11 Debut de fermeture et de barrage d'un trongon de la promenade Sussex
(recommandation figurant au rapport)
5.12 Croissant Brentwood — Acquisition d'une servitude pour une installation
d'eau d'6gout au 432, avenue Woodward (recommandation figurant au rapport)
5.13 Appareils pour les trottoirs (recommandation figurant au rapport)
5.14 Am6liorations au pare St. Andrew's de la rue Water (recommandation
accepter a titre informatif)
5.15 S&ance informative publique relative a la reconstruction du mur de
sout&nement de l'avenue Burpee (recommandation : accepter a titre informatif)
5.16 S6ance informative publique relative a la Place Market — Installation de la
conduite d'eau principale, des &gouts sanitaires et des &gouts pluviaux et travaux
de r6fection de la rue (recommandation : accepter a titre informatif)
5.17 S &ante informative publique relative aux projets de construction et de
nettoyage du port a l'intersection de la promenade Bayside et du chemin Red
Head (recommandation : accepter a titre informatif)
5.18 Conception technique et gestion de construction relative a l'installation de
traitement des eaux du lac Spruce — Remplacement de la pompe et du circuit
6lectrique de secours (recommandation figurant au rapport)
5.19 Engagement des services de gestion de la construction et mise a jour des
services de conception de la phase A en vue de la r6fection du chemin Westfield
(recommandation figurant au rapport)
5.20 Demande de subvention de la part de Blueberry Hill (recommandation
figurant au rapport)
5.21 Modifications apport&es a 1'effectif (recommandation figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Semaine de faction b6n 6vole, du 18 au 24 avril 2010 — TV Rogers
8. Delegations et presentations
18 h 15
8.1 Strategies en mati&re de r6duction de la criminalit& dans Saint John
Saint John Hearing Society Inc. (SJHS)
18h30
8.2 Commission de la capitale provinciale du Nouveau - Brunswick
9. Audiences publiques
19h
9.1a) Projet de modification des conditions impos&es par Particle 39 visant le
1151, chemin Golden Grove
9. lb) Comit6 consultatif d'urbanisme recommandant le rejet de la demande
9.2a) Projet de modification de 1'Arr6t6 de zonage visant le
7, avenue Northumberland
9.2b) Comit& consultatif d'urbanisme recommandant le rezonage
9.3 Projet de modification de 1'arret& sur 1'interruption de la circulation et la
fermeture d'un trongon de la rue King
10. Etude des arretes municipaux
10.1 Troisi6me lecture de 1'arret& concernant la fermeture d'un trongon de la rue
Elgin
10.2 Troisieme lecture de l'arret6 concernant la fermeture de la rue Water
10.3a) Troisieme lecture du projet de modification de 1'Arr&6 de zonage visant le
1666, chemin Hickey
10.3b) Conditions impos6es par Particle 39
11. Interventions des membres du conseil
11.1 Vendeurs a Fallsview et autres lieux publics municipaux (conseiller Farren)
11.2 D6fis et solutions relatifs au transport — coin Simms (conseiller McGuire)
11.3 Rapport sur la pertinence de mettre des panneaux d'arr6t sur la rue Duke
Ouest (conseiller Killen)
11.4 R6union de Saint John Energy (conseillere Higgins)
11.5 Pr6sentation du Comit6 pour la production de recettes (conseillere Higgins)
11.6 Mise a jour sur le pont du port (conseillere Higgins)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Avocat municipal : Projet de nettoyage du port
12.2 Directeur g6n6ral : Proposition relative a la s6lection de 1'emplacement et a la
conception pr6liminaire de la caserne de pompiers n 6
12. 3 a) Directeur g6n6ral : Modification de 1'arret6 relatif a la construction de
Saint John — M/C 2010 -117
12.3 b) Comit6 consultatif d'urbanisme : Projet de modification de 1'arret6 relatif a
la construction
12.4 Directeur g6n6ral : Mise a jour sur le chemin Bridge — coin Simms — couloir
du boulevard Fairville
12.5 Directeur g6n6ral : Stations de rel&vement sanitaire 1 et 50 visant le
3, chemin Red Head
13. Rapports d6pos6s par les comit6s
13.1 Comit6 consultatif d'urbanisme : Projet de lotissement au 1666, chemin
Hickey
13.2 Comit6 consultatif d'urbanisme : Inclusion du 1871, 1920 et 2090, chemin
Westfield dans le projet de r6fection de ce chemin
14. Etude des sujets 6cart6s des questions soumises it Papprobation du conseil
15. Correspondance g6n6rale
16. Lev6e de la s6ance
4
.4
J
The ab ofsstint inhn
April 9, 2010
His Worship Mayor Ivan Court and Members of Common Council,
Subject: Committee of the Whole Closed Session
The Common Council meeting of April 12, 2010 contains the following items on the
agenda: 1.1 Approval of Minutes 10.2(4); 1.2 Nominating Committee 10.2(4)(b); 1.3 City
Market Management 10.2(4)(b,c); 1.4 Land Matter 10.2(4)(c,d);1.5 Land Matter 10.2(4)(d)
Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of council, or
committee of council, to discuss any of the following matters, the public may be excluded from
the meeting for the duration of the discussion ":
(b) personal information
(c) information that could cause financial loss or gain to a person or the municipality or could
jeopardize negotiations leading to an agreement or contract
(d) the proposed or pending acquisition or disposition of land for a municipal purpose
Sincerely.
Jonathan Taylor
Assistant Common Clerk
�r
SAINT JOHN P.O. Bux 1.471 Saint Whn, N5 Canadia E1L 40 I www. saintlahn.ca I C.P. 1971 Saint Jahn, N,-E, Canada EA 4L1
4
Eric L. Teed, O.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog
1019 Seawood Lane, Saint John, NB, E2M 3G8
Tel: (506) 672 --6856
Non- Professional Office: 55 Canterbury Street, Suite 102
P.O Box 102, Saint John, NB, E21- 2C6
Tel: (506) 632 -0096
Fax: (506) 632 -9114
Common Council
City of Saint John
City Hall, 81h Floor
P.O. Box 1971
Saint John, N.B.
E21- 41-1
Your Worship and Councillors:
March 291h,2010
RE: Tourist Promotion and Rockwood Park
Some time ago it was learned Bathurst was construction a down town water
front observation tower as a tourist promotion. A photo copy of the structure is
enclosed.
It is supported in view of changes relating to the development of Rockwood
Park this type of tower could be a positive attraction.
The observation tower could be on the site of the former anti aircraft defence
equipment of World War II.
It could be constructed so incapcitated persons including seniors would be
able to reach the top where a magnificant wiew can be held with the lights of
Halifax Airport being visible on clear evenings.
Could it not be positive for the City of Saint John to follow the lead of Bathurst
and develop an attraction Bathurst cannot match. This could be a positive
attraction for visitors and citizens of all ages in particular seniors who enjoy
Rockwood Park.
encl: Photocopy of Observation Tower
5
��rfraz iar vamejArcner.says the Wat®rfrant observation `fawar.in :daft% r i3athursi is
aimost camplete andtn'iitb ready fv€ vEiors to #erg reeks:
Eric L. Teed, O.C, C.D, Q-C. B.Seq B.A►, B.C.L, Kt.d Donnebrog
1019 Seawood Lane, Saint John, NB, E2M 3G8
Common Council Tel: (506) 672 -6856
City of Saint Jahn Non - Professional Office: 55 Canterbury Street, Suite 102
15 Marck Square P.O Box 102, Saint John, NB, EM 2C6
Saint John, N.B., Tel: (506) 632 -0096
E2L 4L 1
Dear Worship and members of Council: RE: RECOGNITION ON VARIOUS
OBJECTS AS A FORM OF INCOME
read with interest in the Telegraph Journal of 2nd, January, 2010, that Winnipeg City
is considering having a persons or business name placed as a form of promotion or
recognition on various objects.
One of the objects which could be used is benches which could be placed
along streets or other areas for people to rest.
This has been proposed to the City but the official in charge has taken steps
to prevent it.
Enclosed is a copy of the news article. Recognition has been given to the
St. Andrews Society and St. Patricks Society. Many other associations St. George's,
the Multicultural, the Historical, the Loyalist Society, and various individuals could be
induced to contribute to the City creating both income and a saving of capital cost.
Hopefully the Council will give this full consideration.
Wi1nnipleg 0(
bysellinglic
CH[INTAPUXLEY
THE CANADIAN PRESS
WINNIPEG — Ever dreamed of having
your name immortalized on a parking
meter? How about on a city bus ticket
or a heart defibrillator in the back of an
ambulance?
Winnipeg is banking on a few takers.
The city that recently toyed with the
idea of corporate- sponsored pothole re-
pair.is launching anew campaign aimed
at raisingmoney by selling off the nam-
ing rights of virtually any city service.
Everything from the city's library books
to dog licences to memory sticks _used in
police cruisers is up for grabs.
Wile the move - has - disgusted -some
who decry increased commercialism,
Mayor Saxe Katz says it's no different
than naming a hospital wing after a gen-
erous donor.
The city — like many municipalities
across Canada — needs to find new
sources of revenue and this is a good al-
ternative to. raising property taxes, Katz
says.
"It's incumbent upon us to look at all
credible ways to increase revenue to the
City of Winnipeg; he says.
There are dozens of city services up for
sponsorship, and the city has already re-
ceived inquiries.
"There is no endto e
Sponsorship is open to average Citi-
zens, not just corporations, who want
to give back to their community, Katz
says.
But he declines to say what it could cost
Yours
Eric L. Teed, O.C, C.D, Q.C. B.Sc, B.A, B.C.L, Kt.d Donnebrog
1019 Seawood Lane, Saint John, NB, E2M 3G8
Tel: (506) 672 -6856
Non- Professional Office: 55 Canterbury Street, Suite 102
P.O Box 102, Saint John, NB, E2L 2C6
Tel: (506) 632 -0096
Fax: (506) 632 -9114
Common Council
City of Saint John
15 Market Square
Saint John, N.B.,
E2L 1A3
March 291, 2010
RE: LONG TERM WEDDING ANNIVERSARY RECOGNITIONS
Your Worship and members of Council:
I read with interest in the Telegraph Journal of January 2, 2010 that the town
of Hampton recognized the 70th wedding anniversary of two residents by a
plaque.
Requests and suggestions have been made on various occasions for
the City of Saint John to adapt such a policy for appropriate recognition on
every 10' anniversary commencing with the 50" which in most cases would
mean 70 years of age for the persons.
Some suggestions were rejected on the grounds too many would be
seeking recognition and it would cost too much.
point out that there are more and more organizations recognizing
events based on age.
While a certificate is one form of recognition appointing the couple
freeman of the City would be distinctive and a minimum cost.
Otherwise residents may well wonder why Canada's First City is lagging
in appropriate recognition.
Yours t ,
is ed
R
THE ST. JOHN TU ER SOCIETY
LA S O C IET E IDU F LEUVE SAINT -JEAN
The St. John River Society
103 Church Street
Fredericton, NB
E3B 4C8
March 30, 2010
Saint John City Council
P.O. Box 1971, 15 Market Square
Saint John, NB
E2L 4L1
Hello,
The St. John River Society is pleased to be writing you at this time to inform you that the St. John
River has been nominated to the Canadian Heritage Rivers System. Founded in 1992, the St. John
River Society exists for the appreciation and wise use of the natural and cultural resources of the St.
John River and is the lead organization on this initiative.
The Society has developed the nomination document for the St. John River as a Canadian Heritage,
copy of which can be found on our website at www.st ohnriver.org under the Canadian Heritage
Rivers banner. The next step in the process is to develop the designation document. At this point in
the project we would like to make a brief presentation to your Council on the initiative - an
opportunity to learn about the Canadian Heritage Rivers System, the St. John River, the designation
process and how we can work together to protect the natural, cultural and recreational values that
make this river so unique. The St. John River Society, the project proponent, will be undertaking an
extensive consultation and information gathering process over the coming year, which will provide a
broader opportunity to engage the public in this initiative.
We would like to request 20 minutes at a mutually agreeable time to present to your Council. Please
contact me so that we can make these arrangements for the near future. Thank — you. I look forward
to hearing from you and having the opportunity to share with Council and your residents this
exciting initiative.
Best regards,
Simon J. Mitchell
Community Development Officer
506- 449 -2009
simon@stjohnriver.org
Incl: CHRS backgrounder
0
THE ST. JOHN RIVER SOCIETY
LA SOCIETE DU F LEUVE SAINT -JEAN
BACKGROUNDER
The St. John River as a Canadian Heritage River
The St. John River has been nominated as a Canadian Heritage River. It is the 40"' river
to be nominated to the Canadian Heritage Rivers System- a program of Heritage Canada.
What follows is a summary of the players, the process and expected outcomes as we enter
the next and last stage - the development of a management plan to support the
designation of the St. John River as a Canadian Heritage River.
The St. John River in New Brunswick is well known for its pivotal role in shaping and
refining the history, culture and development of Canada - it is often referred to as the
"Road to Canada ". For thousands of years, the Wolastogiyik traveled and lived along the
St. John River. Many significant events, places, and people are identified with the St.
John River. These values are unique to the river and are representative of major
Canadian cultural themes.
The Canadian Heritage Rivers System (CHRS) is a cooperative program of the federal,
provincial and territorial governments and is managed by the Canadian Heritage Rivers
Board, which reports to the Minister of the Environment. Established in 1984, it gives
national recognition to the important rivers of Canada, to conserve the best examples of
Canada's river heritage and to encourage the public to learn about and appreciate
Canada's rivers. The Canadian Heritage Rivers System recognizes cultural and natural
heritage values, along w. recreational values.
The St. John River Society is a not - for - profit, non - governmental organization founded
in 1992 and dedicated to the appreciation and wise use of the natural and cultural
resources of the St. John River. The Society has four programming pillars based around
its mission: recognition, access, education and sustainable management.
Establishing a Canadian Heritage River is a two -step process: nomination and
designation. The St. John River was nominated to the Canadian Heritages Rivers Board
by The St. John River Society and the New Brunswick Department of Natural Resources
in June 2008. Preparation of "The Road to Canada - Nomination of the St. John River in
New Brunswick as a Canadian Heritage River" was undertaken. by The St. John River
Society over a 1 -year period. To nominate a river to the Canadian Heritage Rivers
System, the river must have outstanding natural, cultural and/or recreational values, a
high level of public support, and it must be demonstrated that sufficient measures will be
put in place to ensure that those values will be maintained. The St. John River was
10
nominated based on its extensive cultural heritage values, and acknowledges its
significant natural and recreational values.
The next step in the process for the St. John River is the development of the designation
document. The St. John River can be designated a Canadian Heritage River once a
heritage strategy is developed and submitted to the Canadian Heritage Rivers Board that
ensures the river will be managed to conserve its outstanding cultural values (with
appropriate recognition of the natural and recreational values). This process engages
communities and stakeholders along the river to improve our understanding of the
cultural heritage values (along with natural and recreational values) and in basic terms
outlines what is needed, and what needs to be done to conserve these values.
The designation document will describe the management issues, opportunities and
constraints, and policies and guidelines to be followed by the New Brunswick
government, in co- operation with local Aboriginal peoples and local stakeholders, in
managing the heritage values of the St. John River. All protective actions on Canadian
Heritage Rivers depend on existing laws and regulations, and respecting the rights of
Aboriginal peoples, communities, private landowners, and other stakeholders. The
process is based on extensive public consultation and consensus.
Coordination and preparation of the designation document on the St. John River will be
the responsibility of The St. John River Society in collaboration with the Department of
Natural Resources and the stakeholders.
11
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REPORT TO COMMON COUNCIL
M.
The City of Saint John
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Acquisition of a Municipal Emergency Management Planning Software Suite
PURPOSE
The purpose of this report is to provide Council with an overview of an initiative in which Saint
John is cooperating with eight neighbouring municipalities to acquire an innovative, state- of -the-
art emergency management planning and public notification software suite. The purchase will be
announced formally at a press conference on Tuesday, May 4th, 2010, timed to coincide with
Emergency Preparedness Week.
BACKGROUND
Project Description
The City of Saint John is coordinator and project sponsor. The initiative will acquire, install and
bring into effective operation a jointly licensed Sentinel Incident Management Suite capable of
facilitating public notification for the municipalities of Grand Bay - Westfield, Saint John,
Rothesay, Quispamsis, Hampton, Norton, Sussex, Sussex Corner and St. Martin's. This
endeavour is being funded jointly and proportionally by the nine municipalities, with significant
funding assistance from the Federal Government's Joint Emergency Preparedness Program
(JEPP).
Project Aim
The aim of this initiative is to enable nine municipalities in the southwestern part of New
Brunswick to establish a common, integrated state -of -the art emergency management software
capability that will enable all participating municipalities to ensure the safety of the public by
conducting more effective risk assessment, incident management, and public alerting and
warning. This system will significantly enhance their individual and collective capabilities to
mitigate, prepare for and respond to emergencies.
16
Page 2
ANALYSIS
System Description
Sentinel Systems Ltd. is a New Brunswick technology company that creates emergency
management software tailored to the Canadian context. The Sentinel Incident Management Suite
was developed with the advice of emergency professionals at all levels of government to provide
local governments with an easy to use tool for preparing and responding to major emergencies. It
consists of three software products designed to work seamlessly together: Sentinel Emergency
Preparedness, Sentinel Emergency Command and Sentinel Alerts.
• Sentinel Emergency Preparedness is a risk assessment tool that guides emergency
planners through a five step process to create a risk profile for their jurisdiction. This will
be an important tool in conducting the ongoing Hazard, Risk and Vulnerability
Assessment upon which municipal emergency plans are based. A particularly valuable
aspect of this software is provision of routines to automate the updating of information,
thus ensuring that the municipality's risk assessments remain current and relevant.
•
Sentinel Emergency Command is an integrated multi -user web console that provides a
common picture of emergency response activities to all users. Integrated with both
Sentinel Emergency Preparedness and Sentinel Alerts, this console offers a single, simple
and rapid command interface to all tools. Its features include tracking of significant
events, asset management, communications, reporting and integrated mapping.
• Sentinel Alerts is a web -based public warning utility allowing emergency responders to
efficiently communicate timely information. Utilizing the latest technical advancements
in text messaging, bulk email and phone broadcasting Sentinel Alerts provides the
municipality with the ability to reach thousands of individuals within minutes.
Emergency Managers can call in additional responders quickly when a major event has
started, better coordinate field efforts and broadcast real -time emergency information to
the public.
Benefits
The joint approach to this initiative is a cost - effective means of enabling even small
municipalities in the region to conduct effective emergency planning and respond to efficiently
to emergencies. In addition, because the Sentinel suite will be the means by which these
municipalities not only coordinate regional level responses, but also interface with the New
Brunswick Emergency Measures Organization in real time, this project will contribute to
standardization within the Province since the Sentinel Systems' suite has already been adopted
by both the Chaleur and Acadian Peninsula regions.
17
Page 3
FINANCIAL IMPLICATIONS
Cost and Cost Sharing
This project will harmonize and increase the efficiency of joint regional mitigation, preparedness
and response activities. It will provide a significant collective capability that none of the partner
municipalities could afford individually. The initial setup cost of $105,959.45 is being shared
between the nine municipalities and the Federal Government's Joint Emergency Preparedness
Program (JEPP). This program is a federal/provincial cost - sharing arrangement that contributes
to emergency preparedness and critical infrastructure protection projects and initiatives.
In the case of this project, JEPP contribution will be 50% with the remainder cost - shared
proportional by population among the nine municipalities. As such, Saint John's contribution
will be $33,918.66 reflecting 61 percent of the population of the partner municipalities. Annual
licensing and technical support costs thereafter will be an estimated total of $20,000 (plus HST)
shared proportionally between the nine partner municipalities.
Input from Other Sources
The acquisition of the Sentinel Incident Management Suite is endorsed by NB Emergency
Measures Organization as the provincial standard for municipal use and as already been adopted
by other regions of the province (Chaleur and Acadian Peninsula).
This procurement process and recommendation have been reviewed by the City's Purchasing
Agent and found to be in accordance with acceptable practices.
RECOMMENDATION
It is recommended that Council endorse the acquisition of the Sentinel Incident Management
Suite subject to approval by the eight partner municipalities. In addition, it is recommended that
the acquisition be announced to mark the beginning of Emergency Preparedness Week.
Respectfully submitted,
Robert Simonds, MA, CFO
Director, Saint John Emergency Management Organization
Patrick Woods, CGA
City Manager, City of Saint John
18
M & C — 2010 -124
April 9, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: SALE OF WATER STREET (Pending approval of Street
Closure) to HARBOURFRONT RESIDENCES at THREE
SISTERS INC.
BACKGROUND:
Common Council, at its meeting of March 1, 2010 considered a report (M & C
#2010 -63) and adopted the recommendation to initiate the stop -up and closure of
a 36 square metre portion of Water Street. The Public Hearing was held at the
March 29, 2010 meeting of Common Council. City Engineering has no objection
to the closure and subsequent sale of the 36 square metre sliver of Water Street.
ANALYSIS:
The per square metre sale price for the former City Grain Elevator property was
the same per square metre unit price used for the sale of the 36 square metre
portion of Water Street; totalling $3,960.00. In addition, costs associated with the
advertisement and translation costs are to be borne by the purchaser of the
property, which is included in the agreement attached hereto. The survey work
was commissioned by the proponent. The proponent is in agreement with the
purchase price and the terms and conditions of sale, as described in the attached
agreement. If Council proceeds with 3rd Reading for the street closure, the
recommendation contained in this report will facilitate the sale of the land.
RECOMMENDATION:
1. That in the event the 36 square metre ± portion of public street known as
Water Street is stopped -up and closed, The City of Saint John sell its
freehold interest to Harbourfront Residences at Three Sisters Inc. for
$3,960.00 plus HST (if applicable) on or before June 11, 2010, subject to
the conditions in the Offer of Purchase and Sale attached to this report.
19
2. That the Mayor and Common Clerk be authorized to sign any documents
required to finalize the transfer.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, C.G.A.
City Manager
CL /c
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Offer of Purchase and Sale
Portion of Water Street Right -of -way (if stopped -up
and closed)
In the event that the portion of Water Street is stopped -up and closed, as shown
on attached Plan of Survey titled, "Plan of Survey Showing a portion of Water
Street, City of Saint John, Saint John County, New Brunswick ", prepared by
Hughes Surreys & Consultants Inc. and dated February 23, 2010, having an area
of 36 square metres (387.51 square feet), The City of Saint John offers for
consideration the sale of its fee simple Interest to Harbourfront Residences at
Three Sisters Inc., for the sum of $3,960.00 plus HST (if applicable).
As part of the transaction, The City of Saint John is responsible for the
preparation and insertion for the public advertisement notifications that are
required to satisfy the procedural regulations, prior to the consideration by
Common Council to stop -up and close a street.
Reserving unto The City of Saint John (Transferor) an option, irrevocable within
the time limited for acceptance to purchase free from encumbrances and
restrictions other than encumbrances and restrictions existing at closing the
specified parcel, which option shall arise on August 31, 2010, if, at that time the
Transferee or any successor in title has not commenced construction upon the
parcel designated by PID number 55201420, this option shall be open for
acceptance in writing pursuant to Clause 14 in an Agreement between the
Transferor and Ellerdale Properties Ltd. dated December 4, 2007 executed by the
Transferor pursuant to a Resolution of the Common Council of the City of Saint
John adopted April 23, 2007 amended December 3, 2007; for thirty (30) days
fbilowing the date of its afising at e piIce of ree thousand Nine Hundred
Sixty Dollars ($3,960.00) payable at the dosing of the repurchase not later than
thirty (30) days following acceptance, such closing shall take place at the City
Solicitor's Office. "Commencement of construction of the project" means the
completion of the foundation of the parking garage.
Harbourfront Residences at Three Sisters Inc. is responsible for the following:
1. A survey plan required for the process to stop -up and close the above
mentioned portion of Water Street, the costs associated with the public
advertisement notifications that are required to satisfy the procedural
regulations, including the translation cost and any administrative
document or any other associated administrative or registration costs that
are required to secure their interest in the above mentioned property; and
_ 22.. _ _... _..._ .. .
2. A deposit in the form of a certified cheque equal to One Thousand Dollars
($1,000.00) plus H.S.T. (if applicable) must be received by the City of
Saint John, no later than Friday, April 9, 2010. In the event the street is
not stopped -up and closed, the deposit minus the cost of advertising and
translation will be returned to Harbourfront Residences at Three Sisters
Inc.
This offer is subject to Common Council approval.
I 0 ly A) C-C4 a duly authorized representative(s) of
Harbourfront Residences at Three Sisters Inc. hereby accept the offer contained
herein.
62A,
W: �11:011L /_
REPORT TO COMMON COUNCIL
M &C 2010 -121
April 9, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Lease Renewal Infusion Tea Room
BACKGROUND:
City of Saint John
The Infusion Tea Room has been a tenant at the City Market since December
2004 and are currently over holding as their lease has expired as of November 30,
2009.
The tenant has performed very well in its initial term, as has added value to the
tenant mix of the City Market as well as the street front along Charlotte Street.
It is the intention of staff to recommend a 5 year renewal beginning as of
December 1, 2009. The proposed rents include the first three years at $25 psf,
which is their current rental rate, and $26 psf for the last two years of the term.
The Infusion Tea Room intends to give the space a freshening as well as to
modify its kitchen to allow it to perform catering functions in an effort to grow
the sales. A 6 month rent free period is offered; May to July, inclusive of 2010
and January to March, inclusive of 2011. Both of these rent free complement the
Infusion initiatives noted above.
All other terms and conditions of the Lease would remain unchanged save and
except any further option of renewal (clause 2.04).
RECOMMENDATION:
That the City give The Infusion Co. Ltd. a renewal of lease under terms and
conditions noted in M &C 2010 -121 in a format acceptable to the City Solicitor as
to legality and form.
Respectfully submitted,
Ken Forrest, MCIP, RPP J. Patrick Woods, C.G.A.
Commissioner City Manager
Planning and Development
24
REPORT TO COMMON COUNCIL
M &C- 2010 -113
April 7, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Public Hearing Date
1275 Grandview Avenue and 1000 Sandy Point Road
BACKGROUND:
As provided in Common Council's resolution of August 3, 2004, this report
indicates the rezoning and Section 39 amendment applications received and
recommends an appropriate public hearing date.
The full applications are available in the Common Clerk's office and will form
part of the documentation presented at the public hearings.
The following applications have been received.
City of Saint John
Name of
Location
Existing
Proposed
Reason
Applicant
Zone
Zone
Residential
1275 Grandview
"R -2"
"IL -1"
To permit a
Contractors
Avenue
special care home
Ltd.
for senior citizens
Terrain Group
1000 Sandy Point
"RS -2"
"IM-2'9
To permit a
(for Renfrew
Road
40 -unit apartment
Developments)
building
RECOMMENDATION:
That Common Council schedule the public hearing for the rezoning applications
of Residential Contractors Ltd. (1275 Grandview Avenue) and Terrain Group/
Renfrew Developments (1000 Sandy Point Road) for Monday, May 10, 2010 at
25
M & C - 2010 - 113 - 2 - April 7, 2010
7:00 p.m. in the Council Chamber, and refer the applications to the Planning
Advisory Committee for report and recommendation.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
0
REPORT TO COMMON COUNCIL
M &C 2010 -116
April 8, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Subdivision - 23 -37 & 24 -40 Linda Court
ISSUE:
s
Fflq.
City of Saint John
A Common Council resolution is required to authorize the execution of a City /
Developer Agreement to ensure that the necessary infrastructure improvements
are undertaken to the City's specification for a development located at 24 -40 and
23 -37 Linda Court. The Assent of Council is also required to permit the vesting
of any municipal services or public utility easements that may be required.
BACKGROUND:
In 1976, Common Council assented to the Allison Heights Subdivision, situated
on the north side of Loch Lomond Road, east of St. Anne Street, being comprised
of ten lots, each to contain a twelve -unit apartment building, and three larger
parcels to contain a total of seventy -four townhouse units (for a total of 194
dwelling units).
While the subdivision was approved in 1976 (i.e., the individual lots were created
and the street right -of -way and Land for Public Purposes vested with the City),
the actual street construction and service extensions were not done beyond the
first 100 metres (330 feet), at the approximate location of the driveways to 17 and
18 Linda Court. At present, only four of the apartment buildings have been
constructed' however the current developer, A.E. McKay Builders Ltd., has
recently (late 2005 / early 2006) purchased the undeveloped lots and intends to
complete the street and servicing work so that these long- existing lots can finally
be developed.
The revised proposal conforms to the requirements of the Zoning and Subdivision
By -laws and, because the public street and Land for Public Purposes have already
vested with the City, no further recommendation from the Planning Advisory
Committee is necessary.
' A twelve -unit building was constructed on each of the lots at 12 and 18 Linda Court in 1976,
while an additional twelve -unit building was constructed at 11 Linda Court in 2005. An eighteen -
unit building was constructed at 17 Linda Court in 2006.
27
M & C - 2010 - 116 - 2 - April 8, 2010
Council should note, however, that an application to construct six 18 -unit
apartment buildings on the remaining lots was submitted in June of 2009. This
application required certain variances, which were denied by the Planning
Advisory Committee. The Committee's decision was successfully appealed to the
Provincial Assessment and Planning Appeals Board, although an application for
judicial review of this decision has been submitted by the Committee to the Court
of Queens's Bench.
The applicant has indicated that contracts for the construction of four of the
apartment buildings have been signed and there are some time sensitivities.
Consequently, instead of awaiting the results of the judicial review (which may or
may not be favourable for the PAC), he has submitted a revised application
reducing the total number of apartment buildings from six to four.
Given that the development proposal now conforms to the requirements of the
Subdivision Bylaw and Zoning Bylaw in all respects, it is appropriate for
Common Council to adopt the recommendations outlined below.
RECOMMENDATION:
1. That Common Council assent to one or more subdivision plans, in one or
more phases, for the Allison Heights Subdivision, Phase 2, as generally
illustrated on the submitted tentative plan dated March 18, 2009 and
revised May 1, 2009 and February 9, 2010, with respect to any necessary
municipal services and public utility easements.
2. That Common Council authorize the preparation and execution of a
City/Developer Subdivision Agreement(s) to ensure provision of the
required work and facilities, including detailed site and drainage plans for
the approval of the Chief City Engineer.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
PF
Project No. 09 -215
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00467118,
Location: 24 -40 & 23- 37,cour Linda Court 00467100,
00467076,
00467084, and
Date: April /aril 06, 2010 00467092
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PID 313666
(Far ra- 0evebpmwvt)
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Lot 10 -2� Lot 10-1 PIZ w� I Aga 4340 _� 13450 -
la,mwaq t--d I I y I n Lot 76 -9 Lot 76 -10
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PID 713B6fi
a' {for Future Developmtnt) 5R.3 58.0
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Ts I k°n I °� S. Li %, sae P1r, No 35e
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Woodside Pak Holdings Ltd. Woodside Holdings Number Two Ltd.
( Trustee Lands) (Trustee Lands) ,(
Pa 1l FT—FT-1 1 1 See Plm, 6
Saint Anne Street
-FTT-T—FFT-F1
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Linda Crescent
I aa-.I
Lot 10 -3 I
Area i
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i � - St—rd s„rvtr morxtr frond
0 51.15 - Standard rurvry marker xt
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■ IBF - Squa im, bar lours
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1, Apmultg erW Co- ordinate valuer refer to 1Ar
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-14
an �' 775
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O CALC - Colaula Led point
NEW BRUNSWICK GRID C0 -0RDPKATE SYSTEM
(Adiasted Nelwark) and .are dwhved from the
lob Dated Ne. B—mick Co- ark-1. M on umrnia.
Ceelpulal— ped—ed and La- Or4+btn veluea
rhnwn c board an the New Brurmvick
S
(A ;) =� ubk Projeo6on a,d�iM NAp63
2. Alimulhr ore a.nded to then reaL 10 seconds.
3. Dietanaee are m METRES a,d ore rounded Is the
0 NeCU - N.B. Co- =,threat, Monun A
.q_ - Sq-m melees
a
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RadPL - Raak. point
4. Lards aealt iwilh by Nis plan are boil --
than
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F- eentrNin�
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derived 1mm -kw, raurcee oM rkwuld be vad ied.
6. NI pbne and dacumenlr referenced - recorded
0
V
P1B - Parce—1 1 iden0fier number
in the Registry INrrce of the Calmllr of S.Tnt John
or m the Prodnctal Land TRler Registry.
Mi - Adjusted network
I,wL - Tehulcled ca- ordinate reference
0
kN- B- L -5- - M- int;.. of N.B. Land Surveyor
'
v
/
- Proposed 19u16"g 11 Deck:
Fab a�Ma. e5y '
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1, Apmultg erW Co- ordinate valuer refer to 1Ar
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pa Arm Wa L,
n �1' F'ft l3 k -,&•
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-14
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_ Q
NEW BRUNSWICK GRID C0 -0RDPKATE SYSTEM
(Adiasted Nelwark) and .are dwhved from the
lob Dated Ne. B—mick Co- ark-1. M on umrnia.
Ceelpulal— ped—ed and La- Or4+btn veluea
rhnwn c board an the New Brurmvick
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(A ;) =� ubk Projeo6on a,d�iM NAp63
2. Alimulhr ore a.nded to then reaL 10 seconds.
3. Dietanaee are m METRES a,d ore rounded Is the
ry-
nearrrt CENTIMETRE.
a
4. Lards aealt iwilh by Nis plan are boil --
than
C
5. Peripheral hrdmmoliod end adjacent names .ere
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derived 1mm -kw, raurcee oM rkwuld be vad ied.
6. NI pbne and dacumenlr referenced - recorded
0
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in the Registry INrrce of the Calmllr of S.Tnt John
or m the Prodnctal Land TRler Registry.
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Tentative Plan — Sheet 2
Allison Heights Subdivision
Phase 2
City of Saint John
Saint John County, N.B_
0 10 20 30 b 50 metres 100
Scale . 1:1000
E KIERSTEAD QUIGLEY
L J and ROBERTS Ltd.
Dated: Mcmh 16, 2009
Revh d: May 1. 2009
Real: February S. 2010
Job No. 05 -0015
pwg. No. T- 0222— Sheet2
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Key Plan
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Q SMS - Standard wre mocker set
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PID 313686
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34
Lot 76 -10 k e5, H4 t?
4340 s4.m. M.
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Azim Ihs oM ale wlues refer W the
See Plan
°, 356 �
a t
NEw BRUNSIYIGC GRID CO- aROIwITE SYSTEM
N rRU) w
- -.oT 76 -6 _.,• " -7 �- i:^.'76 1
7
p�sCC PraA• 8fock
(ydjuated I{elworl,) dod .ere ded-d fmm the
labul.b -d Nee 8rurteeiak Co- ard'mote Monuments.
[vn
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Campuratiana perf. -W and ea- ordinate w1-
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130
(CSRSj el;2
A.f. McKay Builders Ltd_
-
Linda Crescent
_ Cr
2 Azimuths are rounded to the ne °rest 10 seronds.
3. Distances are T. METRES and are rounded to the
/1O
ry `z
neoresl CENTIMEME.
PID 313868
'a (For Future 0- relopmenl)
i
n 58.3 58.0
rv° a I
mug rrda aeoN th bh this plan ore boarded
nLot�
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5. Pe ripherd -ham - and adjacent dI
... tram varial sources and sheWd be carried.
s. al f+l ns °na documents references rerordee
in the Regalry Offal of the C of Saint Pubn
Lot 10 -4 Y LOt t0-3 IZI
LOt 7Fj -1 /
M-gi
or irs the PraKnciel Land Tiles fiegi -fry.
Z � A- h A,en S. Ran No. 24602613
3450 sg.m.- 3450 s4.m. Li , I I I
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Sre Plan fb. 156
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57,6 56.0 - - --�
/
Tentative Plan — Sheet 1
Allison Heights Subdivision
Woodside Pork Holdings Ltd, Woodside Holdings Number Two Ltd.
Phase 2
(Tnr� s) Trustee Lands
.pun
5 Na l7 Ora) 6
City of Saint John
Saint John County. N.B.
11 L
S-1. - ,a000
L`{'J and ROBERRTS Ltd.
SdKJo m w,RamrmWar
acted: March 18. 21309
Saint Anne Street
Revised: May I. 2009
Reri-M: February 9, 2010
Job No. 05 -0015
11 Dwg. Na. T- 0222- 5heet9
T77—F LFT]
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Linda Crescent
j Y
Ilr wa ��d
.� Lot 09 -4
�xt�s
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F
Typical Lot Layout
(seals = 1:500)
Tentative Plan -- Detail
Allison Heights Subdivision
Phase 2
City of Saint John r 1 KIERSTEAD QUIGLEY
Saint John County, N.B. L J and ROBERTS Ltd.
SWW John, Now 4l3ronswldt
33
REPORT TO COMMON COUNCIL
M &C- 2010 -120
April 9, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Initiate Stop -up and Closure for Portion of Sussex Drive
BACKGROUND:
City of Saint John
Matt Hughes has a conditional Agreement of Purchase and Sale in place to secure
a plot of land located adjacent to Sussex Drive (see attached map). The
prospective purchaser intends to develop the site with a multi -unit apartment
complex (upwards of 90 plus units at completion).
The proposed development could be squeezed into PID 55193049 however a
variety of variances would be required. However, there is a 1,250 square metre
portion of undeveloped street right -of -way that is laid out but not improved or
travelled upon that could be stopped up, closed and conveyed which would afford
the development the appropriate setbacks, parking ratios and landscaped areas.
Discussions with the City's Municipal Operations and Engineering Department
has resulted in support for the stop up and closure; all municipal infrastructure is
contained within the limits of Technology Drive. Coincidentally, it was the
development of Technology Drive that resulted in the laid out and undeveloped
portion of Sussex Drive being non essential right of way.
The prospective developers would like the undeveloped right -of -way stopped up
and closed and conveyed to facilitate the apartment complex development which
will be valued in the order of $5,000,000 when completed.
The purpose of this report is to request Common Council to initiate the street
closing process and to set a public hearing date. The recommendation contained
in this report will facilitate the process for the street closure of the subject
property. A further report will be presented to Council regarding the particulars
of any purchase and sale agreement with the adjoining land owner for the stopped
up and closed right of way.
34
M & C - 2010 - 120 - 2 - April 12, 2010
RECOMMENDATION:
That the Public Hearing for the consideration of the passing of a By -law to Stop
Up and Close a portion of Sussex Drive, a public street, being approximately
1,250 square metres, as illustrated on the Plan of Survey showing a portion of
Sussex Street attached to M &C #2010 -120, be set for Monday, May 10, 2010 at
7:00 p.m. in the Council Chamber.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, C.G.A.
City Manager
Attachment
BI:111
35
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City of Saint JohnMi le de Saint John
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1026 23. 2010
3 mars. 20,0 Sleuan R. S-. NRL5 1352
N 3o P IDwg. No. 2960
REPORT TO COMMON COUNCIL
M &C- 2010 -108
March 31, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Brentwood Crescent Storm Sewer Easement Acquisition
432 Woodward Avenue
BACKGROUND:
City of Saint John
On July 20, 2009 (M &C 2009 -199) Common Council adopted a recommendation
from Municipal Operations staff regarding Stormwater Management — Brentwood
Crescent Rider Sewer to engage CBCL Limited to carry out the engineering
design and construction management of the Brentwood Crescent Rider Sewer
project.
The Rider Storm Sewer will provide flood protection for those on Brentwood
Crescent and Woodward Avenue that have been experiencing recurring flooding
during heavy rainfall events. The final alignment of the new storm rider sewer is
within the street right -of -way. However, the construction activity will encroach
upon private lands making easements a requirement.
ANALYSIS:
In October 2009, Real Estate staff was requested by Municipal Operations to
secure all necessary easements that were required for the above noted project. In
total, there are 17 parcels involved and 11 different property owners. The new
storm sewer line will run from Brentwood Crescent in a westerly direction along
Woodward Avenue and intersect with an existing, larger pipe at the Millidgeville
North School soccer field.
Real Estate Services have met and/or corresponded with all of the property
owners for this project. The majority of the property owners have been quite
receptive as it is in their best interest to support the project in any way possible.
Once all of the necessary land interests are acquired, it is expected construction of
37
M & C — 2010 -108 - 2 - March 31, 2010
this new storm sewer pipe line will commence either late spring or early summer
of this year.
The terms and conditions contained in the attached agreement have been reviewed
by the City's Legal Department. The amount of compensation to the property
owner is fair and consistent with other recent offerings involving other City
projects of this nature.
This report will secure the 8th parcel of the 17 in total that are required. As
agreements with the property owners are acquired, they will be presented to
Council for their consideration. The following recommendation will secure the
easement necessary from the subject property in order for this project to proceed.
RECOMMENDATION:
1. That The City of Saint John accept the offer of Dawn Christine Evans,
affected land -owner as set out in the Agreement of Purchase and Sale
attached to M &C 2010 -108 and acquire the easement interest in, and
through the portion of PID No. 55005862 described in the Agreement for
the aggregate sum of $903.00 (plus HST if applicable) upon the terms and
conditions contained in the said Agreement; and
2. Authorize the Mayor and Common Clerk to sign any document(s)
necessary to finalize this transaction.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
Attachments
CL:111
38
Boars Head Rd.
Boars Head Rd.
Description of Plan: Easement Acquisition for Brentwood Crescent Storm
Sewer Project.
N PID: 55005562 Address: 432 Woodward Avenue
Pan: N/A Date: March 31, 2010
39
AGREEMENT OF PURCHASE AND SALE
The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser a
municipal services easement in and through the Vendor's lands PID# 55005862 as hereinafter set out
upon the following terms and conditions:
Vendor: Dawn Christine Evans
432 Woodward Avenue
Saint John, NB E2K 4N2
Purchaser: THE CITY OF SAINT JOHN
P.O. Box 1971
15 Market Square
Saint John, NB E21L 41-1
Attention: Common Clerk
Premises: Easement in and through of Civic #432 Woodward Avenue, also identified as PID
# 55005862, comprising 64 square metres +/- on a drawing titled "BRENTWOOD
CRESCENT STORM SEWER EASEMENT" (hereinafter called the "Real Property"),
photo- reduced copy of said drawing attached hereto.
Purchase Price: $903.00 + HST if applicable
Deposit: $200.00 payable upon the adoption of the Common Council Resolution
Balance: $703.00 + HST if applicable on Closing
Closing Date: On or before April 30, 2010.
1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk
and expense of the Purchaser, by its officers, servants, agents, contractors and workers,
to enter the Real Property with machinery, materials, vehicles and equipment and to
construct, alter, maintain, inspect and repair underground pipelines, storm sewers,
sanitary sewers or any like municipal works including ail related works appurtenant
thereto, promptly restoring as far as is practical the surface of the Real Property to the
same conditions as it was prior to the commencement of the work or excavation,
together with the right by action or otherwise at any time to enjoin the Vendor,
including the heirs, executor, administrators, successors and assigns of such Vendor
from erecting or locating on the Real Property any building, structure or other obstacle
which could impair the free and full use of the easement or permitting the erection or
location thereon of any such building, structure or other obstacle; provided that upon
completion of the initial installation of municipal works the Purchaser shall re- instate
any portions of the Real Property disturbed by work or excavation to the same or better
condition existing prior to the initial installation.
1
40
Agreement of Purchase and Sale
Dawn Christine Evans and The City of Saint John
2. The City of Saint John, by its officers, servants, agents, contractors and workers shall
disconnect the existing storm lateral at the property line of civic #432 Woodward
Avenue and install a new storm sewer lateral between the new storm sewer and the
property line of Civic #432. The City shall connect the new storm lateral to the existing
storm lateral at the property line.
3. The Purchaser may examine the title to the Real Property at its own expense within
thirty (30) days following the Purchaser's acceptance of this offer. If within that time any
valid objection to the title to the Real Property is made in writing by the Purchaser to
the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20)
days of notification of such objection or objections and which the Purchaser will not
waive, this agreement shall, notwithstanding any intermediate acts or negotiations in
respect of such objections, be null and void and any deposit shall be returned by the
Vendor without interest and the Vendor shall not be liable for any costs or damages.
Save as to any valid objection so made within such time, the Purchaser shall be
conclusively deemed to have accepted the title of the Vendor to the Real Property.
4. In the event that the Vender's title is encumbered, the determination that any
encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor
shall obtain from each encumbrance a Postponement, in registerable form, of such
encumbrance to the Purchaser's easement provided, that the Purchaser shall reimburse
the Vendor for all administration (including appraisal) fees required by each
encumbrancer to give the Postponement.
5. (i) The Purchaser shall prepare at its cost any Plan of Survey required to effect the
conveyance herein contemplated; and
(ii) The Purchaser shall reimburse the Vendor up to $500.00 plus H.S.T. for legal fees
expended by the Vendor to finalize this conveyance; and
(iii) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the
plan, Grant of Easement and the Postponement.
6. The Purchaser will have vacant possession of the Real Property on Closing.
7. if the Purchaser defaults in the closing of the sale under the terms of this Agreement,
any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages
or the Vendor may at its option compel the Purchaser to complete the sale.
8. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on
20 and upon acceptance by the Purchaser shall constitute an
Agreement of Purchase and Sale binding upon the parties hereto.
2
41
Agreement of Purchase and Sale
Dawn Christine Evans and The City of Saint John
9. This offer when accepted shall be read with all changes of gender or number required
by the context shall be binding upon the parties hereto, their respective heirs,
executors, administrators, and assigns, and time shall in all respects be of the essence
hereof.
3
42
E
r
Agreement of Purchase and Sale
Dawn Christine Evans and The City of Saint John
IN WITNESS WHEREOF the Vendor has caused these presents to he executed this day of
20 C?
Ve r
Vendor
AND the Purchaser has caused these presents to he executed this day of
20
43
THE CITY OF SAINT JOHN
Mayor
Common Clerk
Common Council Resolution:
4
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CHRISTINE S
igSfMENT
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PROPOSED STORM SEWER
y'''^� TMam` --
EMSTING STORM SEWER
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cool" En*mn EASEMENT wirm VJD ViD ni H �..R
1:500 I-"'-- "' 2009- 271""m sFVr in
REPORT TO COMMON COUNCIL
M & C — 2010 -125
9 April 2010
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Sidewalk Machines
BACKGROUND:
f
City of saint J1--oh iI
In an effort to assist Municipal Operations with their goal to meet Council's
requirements to not only increase the number of sidewalks to be cleared of snow
and ice each winter, but to do it more efficiently and effectively, Materials and
Fleet Management introduced a program to improve the quality and condition of
the existing sidewalk fleet while increasing the number of units available to 19.
The challenge that Fleet faced was to accomplish this goal in as short a period as
possible, without focusing so much of the available funding from the Fleet Reserve
Fund that it would cause a negative effect on our ability to replace other, equally
critical fleet units. To this end a multiyear approach was initiated by Fleet.
The recommendations of this report will see the successful completion of a part of
that program and the continuation of another part, a part that was the subject of a
Pilot Project in 2009 and which, when adopted, will make the sidewalk machine
upgrade program more cost effective and sustainable.
ANALYSIS:
Part of the success of this program was the City's ability to purchase used and/or
demonstrator equipment at favourable prices, and to rent, with the option to
purchase, other new equipment, at a reduced cost.
45
Page Two
ANALYSIS ... Cont'd;
In November of 2009 Fleet Administration entered into a short term rental
arrangement for 2 new Trackless machines and 2 new Prinoth 4S track mounted
machines. Municipal Operations wanted to test the track machines under specific
conditions in order to determine if they could provide a higher level of service in
certain areas than the trackless machines, while remaining cost effective.
This being successfully accomplished staff of Municipal Operations and Materials
and Fleet Management are recommending the purchase of these four rental units, 2
Trackless and 2 Prinoth track mounted sidewalk machines.
As indicated above, in addition to this initiative, staff of Fleet Administration
introduced the concept of "refurbishment" for aging sidewalk units in 2009. A
pilot program was introduced that saw an aging Trackless Machine that had seen
the end of its economically useful life and would require immediate replacement
with a new machine, taken out of service and sent back to the supplier for
refurbishment.
For a cost lower than the purchase price for a new Trackless Machine, the selected
unit was stripped to its frame and then repaired, rebuilt and reconditioned to bring
it to near new condition. The success of this approach to vehicle and fleet
longevity will help to reduce the cost for replacement of ageing sidewalk machines
and provided a level of sustainability to the Fleet Sidewalk Replacement Program.
The recommendations of this report will see the sidewalk fleet brought up to the
target of 19 units and another Trackless Machine identified for replacement
through the more cost effective, refurbishment approach.
FINANCIAL IMPLICATIONS:
One of the benefits of renting equipment such as this is that a large portion of the
monthly rental fees can be applied against the quoted purchase price, should the
City wish to exercise this option. In some cases in the past, the condition and
effectiveness of some rented sidewalk machines has not been what was anticipated
and as a result some rented equipment was returned to the vendor at no additional
cost to the City.
46
Page Three
FINANCIAL IMPLICATIONS .... Cont'd;
Such is not the case in this instance in that the Trackless Machines have continued
to demonstrate their effectiveness and reliability with routine snow clearing, while
the 2 track mounted units have shown how much more effective they are in dealing
with the hard to clear areas.
The following is a cost breakdown for each of the 3 recommendations contained in
this report;
1) Saunders Equipment Ltd. - 2(only) 2009 Trackless MT6 sidewalk units,
Purchase price each: $144,785.00
Less Applicable Rental: $27,435.00
Net Purchase Price: $117,350.00/ea plus tax.
2) Plannord Equipment Ltd. — 2( only) 2010 Prinoth 4S track mounted
sidewalk machines, 1 rented for 5 months, 1 rented for 4 '/2 months,
Purchase price 1St machine
Less Applicable Rental:
Net Purchase Price:
Purchase price 2nd machine
Less Applicable Rental:
Net Purchase Price:
$154,380.00
$32,500.00
$121,880.00 /plus tax
$154,380.00
$29,250.00
$125,130.00 /plus tax
3) Saunders Equipment Ltd. — Vehicle 792 - 1( only) 2000 MT5 Trackless
sidewalk machine to be returned to the dealer for refurbishment at an
estimated cost, based on Pilot Program, of $45,000.00, plus tax.
If awarded as recommended the total cost purchase the 2 rental Trackless and the
2 rental Prinoth track mounted sidewalk units and to refurbish 1(only) model year
2000 MT5 Trackless machine as identified, will be $ 526,710.00, plus tax.
These are planned expenditures for 2010 and as such funds to cover the total cost
for these recommendations, are contained in the Fleet Reserve Fund.
47
Page Four
RECOMMENDATION:
It is recommended that Council authorize the Purchasing Agent to exercise the
purchase options with both Saunders Equipment Ltd., for 2 - 2009 Trackless MT6
sidewalk machines and Plannord Equipment Ltd., for 2 - 2010 Prinoth 4S track
mounted sidewalk machines and accept the proposal submitted by Saunders
Equipment Ltd. for the refurbishment of vehicle 792, a model year 2000 MT5
series Trackless sidewalk machine.
Respectfully submitted,
David J. Logan
Purchasing Agent
Patrick Woods
City Manager
48
REPORT TO COMMON COUNCIL
M &C2010- 123
April 6, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Contract 2007 -41: Water Street Precinct
Saint Andrew's Park Enhancements
PURPOSE
M.
The City of Saint John
The purpose of this report is to update Council on the status of Contract 2007 -41: Water Street
Precinct - Saint Andrew's Park Enhancements and the additional costs incurred.
BACKGROUND
The 2007 General Fund Capital Program included funding for the upgrading of Saint Andrew's
Park located at the foot of King Street near the junction with Prince William Street and Water
Street.
Common Council at its meeting of December 17, 2007, awarded Contract 2007 -41 (M & C
2007 -392) to Castle Rock Construction Services Inc. at a negotiated tender amount of
$ 635,380.00.
Under this contract the work included the following:
Supply of all necessary labour, materials and equipment for the removal of existing asphalt
concrete surface, clay brick pavers, curb, trees and other structures. Construction of concrete
foundations, installation of a concrete base for the placement of the Hooper sculptures, concrete
and granite curb, concrete curb and gutter, concrete sidewalk, clay brick pavers, benches,
interpretive panels, street lighting, landscaping and other related work including a full concrete
foundation with an electrical vault to house a Saint John Energy transformer, and relocation of
the Barbour's General Store and Little Red Schoolhouse from their existing location at Loyalist
Plaza to the new foundations. Relocation of the Little Red Schoolhouse was not carried out as it
was deemed that the building could not be moved due to its poor condition.
49
M &C2010 -123
April 7, 2010
Page 2
ANALYSIS
All work under Contract 2007 -41 has been completed. The final quantities and summary of the
change orders for the project have been finalized and are presented as follows:
1. Change orders associated with re- wiring, plumbing and $ 30,225.51
electrical upgrades to meet the National Building code,
repairs to the siding and wood columns and painting
of the Barbour's General store.
2. Change orders associated with relocation and $ 70,787.70
modifications to the concrete base for the Hooper sculptures,
additional light standards and underground conduits,
planting revisions, installation of retaining walls
and other related work.
3. Variation in quantities (difference between estimated $ ( 24,559.48)
and final quantities) associated with installation of
concrete curb and sidewalk, clay brick pavers, interpretive
panels and credit for not moving the Little Red Schoolhouse.
Total Change Orders and Variation in Quantities: $ 76,453.73
Minus: Contingency Allowance: - $ 44,000.00
Net Additional Cost: $ 32,453.73
COST SUMMARY
Original Contract Value: $ 635,380.00
Minus Contingency Allowance: $ 44,000.00
Value of Original Estimated Work: $ 591,380.00
Summary of Change Orders: + $ 101,013.21
Variation in Quantities: - $ 24,559.48
Final Contract Value: $ 667,833.73
The final construction cost of the project based on final quantities and change orders is
$ 667,833.73. The difference between the final contract value and the original tender price is
$ 32,453.73 ($ 667,833.73 -$ 635,380.00).The approved budget for the project was $ 695,000.00.
50
M &C2010 -123
April 7, 2010
Page 3
The amount of $ 695,000.00 provided in the General Fund Capital Program, identified above,
includes $ 70,000.00 under City share and $ 625,000.00 under other share. The amount of
$625,000.00 has been recovered from other sources, of which $ 111,684.00 has been paid by
Saint John Energy for the construction of the electrical vault and installation of an underground
duct system in compliance with an agreement between the City and Saint John Energy.
The final net cost of the project including the construction costs, design and construction
management fees, work done by City forces and after the City's eligible HST rebate is
$744,607.24 - a difference of $ 49,607.24 in the General Fund. There is adequate funding within
the overall project budget to cover the additional cost.
RECOMMENDATION
It is recommended that Common Council receive and file this report.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
51
REPORT TO COMMON COUNCIL
M &C2010 -119
April 8, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Public Information Session
Burpee Avenue Retaining Wall Reconstruction
PURPOSE
M.
The City of Saint John
The purpose of this report is to inform Council of a Public Information Session that will be held
in relation to the Burpee Avenue Retaining Wall Reconstruction Project, and to update Council
on the status of the project.
BACKGROUND
The approved 2009 and 2010 General Fund Capital Programs include funding for the
reconstruction of approximately 55 m of retaining wall along Burpee Avenue at Rockland Road
towards Mount Pleasant Avenue. The reconstruction of the wall will be with Redi -Rock Precast
Concrete Blocks and include new fencing, grass median with trees, curb, sidewalk, and roadway
reconstruction within the affected area.
ANALYSIS
Staff looks forward to the tender closing for this project on April 13, 2010. Construction of the
project could begin shortly thereafter (depending on contractor schedules) and is expected to be
completed by Fall of 2010. This project will impact the local area during construction and will
involve the closure of Burpee Avenue to all non -local traffic for the duration of the construction
period. For this reason it is appropriate to hold a Public Information Session to allow local
residents and others an opportunity to view the project design drawings, ask questions and give
their feedback on the construction project. Representatives from the City of Saint John and the
project design team will be available to answer questions related to the proposed project.
52
M &C2010 -119
April 8, 2010
Page 2
The public is invited to attend an information session on this project that is scheduled to be held
at the Saint John Early Childhood Centre located at 99 Burpee Avenue on Wednesday, April 14,
2010 from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. This report is being provided for the information
of Council and to extend an invitation to any Councilors who may wish to attend the Public
Information Session.
The Public Information Session will be advertised and a copy of the attached notice will be
delivered door to door in the project area.
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
53
i-8
The City of Saint John
PUBLIC INFORMATION SESSION
BURPEE AVENUE RETAINING WALL RECONSTRUCTION
The City of Saint John will be installing new infrastructure; including retaining wall, new
curbing, sidewalk and asphalt on Burpee Avenue near Rockland Road.
This project may begin as early as April 2010 and is expected to be completed before
the end of October 2010. Prior to construction, another notice will be distributed to
inform residents and business owners of the actual construction schedule.
Representatives from the City of Saint John and the project design team will be
available to answer questions related to the proposed project. The public is invited to
attend an information session on this project on the following date and times:
DATE: April 14, 2010
PLACE: Saint John Early Childhood Centre — 99 Burpee Avenue
TIME: 2:00 p.m. — 4:00 p.m. and 6:00 p.m. — 8:00 p.m.
For further information about this project, contact the Consultant: Fundy Engineering &
Consulting Ltd. (506) 635 -1566 or contact Municipal Operations & Engineering at (506)
658 -4455.
54
REPORT TO COMMON COUNCIL
M &C2010 -118
April 8, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Public Information Session
PURPOSE
M.
The City of Saint John
Market Place - Water Main, Sanitary Sewer and Storm Sewer Installation
and Street Reconstruction
The purpose of this report is to inform Council of a Public Information Session that will be held
in relation to the Market Place - Water Main, Sanitary Sewer and Storm Sewer Installation and
Street Reconstruction Project, and to update Council on the status of the project.
BACKGROUND
The approved 2009 and 2010 Water & Sewerage Utility Fund and 2009 and 2010 General Fund
Capital Programs include projects for the construction of various sizes of sanitary and storm
sewer mains, new 300mm watermain, and full street reconstruction along Market Place from
King Street West to St. John Street.
ANALYSIS
Staff looks forward to the tender closing for this project on April 28, 2010. Construction of the
project could begin shortly thereafter (depending on contractor schedules) and is expected to be
completed by late Summer 2011. This is a major project that will impact the local area during
construction. For this reason it is appropriate to hold a Public Information Session to allow local
residents and others an opportunity to view the project design drawings, ask questions and give
their feedback on the construction project. Representatives from the City of Saint John and the
project design team will be available to answer questions related to the proposed project.
55
M &C2010 -118
April 8, 2010
Page 2
The public is invited to attend an information session on this project that is scheduled to be held
at the Carleton Community Centre at 82 Market Place on Thursday, April 15, 2010 from 2 p.m.
to 4 p.m. and 6 p.m. to 8 p.m. This report is being provided for the information of Council and to
extend an invitation to any Councilors who may wish to attend the Public Information Session.
The Public Information Session will be advertised and a copy of the attached notice will be
delivered door to door in the project area.
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
56
7
The City of Saint John
PUBLIC INFORMATION SESSION
MARKET PLACE - WATER MAIN, SANITARY SEWER AND STORM SEWER INSTALLATION AND
STREET RECONSTRUCTION
The City of Saint John will be installing new infrastructure on Market Place from St. John Street to King
Street West. This project includes the installation of new water, sanitary and storm sewer mains along
with the complete reconstruction of this street including new curb, gutter, concrete sidewalk and
asphalt paving.
This project may begin as early as May 2010 and is expected to be completed before the end of August
2011. Prior to construction, another notice will be distributed to inform residents and business owners
of the actual construction schedule.
Representatives from the City of Saint John and the project design team will be available to answer
questions related to the proposed project. The public is invited to attend an information session on
this project on the following date and times:
Date: Thursday, April 15, 2010
Time: 2:00 - 4:00 pm and 6:00 - 8:00 pm
Location: Carleton Community Center
82 Market Place
For further information about this project, contact the Consultant, Crandall Engineering Ltd., at
(506) 693 -5893 or contact Municipal Operations £t Engineering at (506) 658 -4455
57
REPORT TO COMMON COUNCIL
M &C2010 -109
April 8, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Public Information Session — Bayside Drive and Red Head Road
Harbour Clean -Up Construction Projects
PURPOSE
M.
The City of Saint John
The purpose of this report is to inform Council of a Public Information Session that will be held
in relation to the Bayside Drive and Red Head Road Harbour Clean -Up construction projects,
and to update Council on the status of these projects.
BACKGROUND
The approved 2008 & 2009 Water & Sewerage Utility Fund Capital Program includes projects
under the Harbour Clean -Up program to construct Lift Stations #1, #2 and #50 on Red Head
Road and Bayside Drive and to construct a 600 mm sanitary forcemain on Bayside Drive.
ANALYSIS
Tenders closed for Red Head Road Sanitary Lift Stations #1 & #50 on April 7, 2010.
Construction of these stations will begin in the next few weeks (depending on contractor
schedules) and will continue until September 30, 2010. Staff looks forward to the Bayside Drive
Phase 2 New 600 mm Sanitary Forcemain tender closing on May 4, 2010. Construction of this
forcemain could begin shortly thereafter (depending on contractor schedules) and would
continue until November 1, 2010. These projects will have some impact on the local area during
construction. For this reason it is appropriate to hold a Public Information Session to allow local
residents and others an opportunity to view the project design drawings, ask questions and give
their feedback on the construction project. This Public Information Session is scheduled to be
held at Full Gospel Assembly, 34 Mount Pleasant Avenue East on Wednesday, April 14, 2010
from 2 p.m. to 4 p.m. and 6 p.m. to 8 p.m. This report is being provided for the information of
Council and to extend an invitation to any Councilors who may wish to attend the Public
Information Session.
58
M &C2010 -109
April 8, 2010
Page 2
The Public Information Session will be advertised and a copy of the attached notice will be
delivered door to door in the project area.
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
59
1 hr 011 trf Sail». Jahn
PUBLIC INFORMATION SESSION
BAYSIDE DRIVE AND RED HEAD ROAD CONSTRUCTION PROJECTS
The City of Saint John will be constructing a new 600mm diameter sanitary force main
along Bayside Drive from Red Head Road to Bayside Middle School, a new sanitary lift
station (LS #2) next to Little River, and two new lift stations on Red Head Road (LS #1
and LS #50).
Construction work is anticipated to start in the spring of 2010 and would continue until
November 1, 2010.
Representatives from the City of Saint John and the project design team will be
available to answer questions related to the proposed project. The public is invited to
attend an information session on this project on the following date and times:
Date: Wednesday, April 14, 2010
Time: 2:00 — 4:00 pm and 6:00 — 8:00 pm
Location: Full Gospel Assembly
34 Mount Pleasant Avenue East
This is a joint project funded by the Government of Canada, Province of New
Brunswick, and the City of Saint John under the Canada Strategic Infrastructure Fund
Program.
For further information about this project, contact the Consultant, Crandall
Engineering Ltd., at (506) 693 -5893 or Contact Municipal Operations &
Engineering at (506) 658 -4455.
.E
REPORT TO COMMON COUNCIL
M &C2010 -112
April 7, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
.
Th? City of Saint Tohn
SUBJECT: Engineering Design and Construction Management: Spruce Lake Water
Treatment Facility - Pump and Back -up Power Replacement
BACKGROUND
The 2010 Water & Sewerage Utility Fund Capital Program includes a project to replace the
pumps and back -up power system at the Spruce Lake Water Treatment Facility. The project
includes funding necessary to provide the following design and construction management
services:
• Preliminary investigation and data collection;
• Preliminary design, cost estimate, and design report;
• Detailed design and specifications preparation,
• Construction management and inspection services, and
• Record drawings in digital and hard copy format.
PURPOSE
The purpose of this report is to make a recommendation for consulting engineering services for
this project.
ANALYSIS
On December 14, 2009, with a comprehensive and detailed scope of work document developed
by staff, a proposal for consulting engineering services was requested from Dillon Consulting
Ltd. In response, Dillon Consulting Ltd. submitted a proposal on February 9, 2010. Staff was
previously authorized to conduct negotiations with this consultant for engineering services for
the Spruce Lake Water Treatment Facility — Pump and Back -up Power Replacement project.
61
M &C2010- 112
April 7, 2010
Page 2
A Review Committee consisting of the following staff completed an analysis of the submission:
• Brian Keenan, P.Eng.
Engineering Manager, Municipal Engineering
• Brett McLean, P. Eng.
Municipal Engineer
• Nicole Taylor, P. Eng., M. Eng
Manager — Water Quality and Resources
• Dave Logan, CPPB
Purchasing Agent / Manager, Materials and Fleet Management
Each member completed an independent review of the submission, and a subsequent meeting of
the Review Committee was held to jointly discuss the information presented in the Dillon
Consulting Ltd. proposal. The submission from Dillon Consulting Ltd. met all of the
requirements of the request for proposal, in a manner acceptable to the Committee, with a cost -
effective bid for the project.
FINANCIAL IMPLICATIONS
The proposed cost of the work from Dillon Consulting Ltd. to provide engineering design and
construction management services is approximately $201,686 including the City's eligible HST
rebate based on an estimated eight week construction management period. An amount of
$1,300,000 was included in the 2010 Water & Sewerage Utility Fund Capital Program for the
overall project.
Engineering fees to cover the cost of design and construction management generally do not
exceed 12 -17% of the total overall project cost, depending on the nature of the project and the
engineering services required. This upset fee is approximately 15.5% of the total overall project
cost, which is considered appropriate for this type of project.
POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
Notwithstanding the City's Procurement Policy for engagement of Professional Services,
Common Council has authorized staff with the approval of M &C 2009 -337 to conduct
negotiations for the engagement of an engineering consultant for this project. The costs incurred
by the consultant will be paid in accordance with the Association of Professional Engineers and
Geoscientists of New Brunswick schedule of suggested fees for engineering services, as per
Section 3 fee basis "A ": time based. The Construction Management component of this project
fee is based on an estimated construction period. The final fee will be calculated based on the
actual construction management period.
62
M &C2010- 112
April 7, 2010
Page 3
RECOMMENDATION
It is recommended that the proposal from Dillon Consulting Ltd. for engineering services (design
and construction management) for the Spruce Lake Water Treatment Facility - Pump and Back-
up Power Replacement project be accepted and that the Mayor and Common Clerk be authorized
to execute the appropriate documentation in that regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
63
REPORT TO COMMON COUNCIL
M &C2010- 111
April 8, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
M.
The City of Saint John
SUBJECT: Westfield Road Reconstruction Phase A — Design Services Update and
Construction Management Services Engagement
BACKGROUND
The 2009 and 2010 General Fund Capital Programs include the reconstruction of Westfield Road
Phase A (By -Road #7 to Ketepec Road). The project includes funding necessary to engage
tender and construction management services.
Terrain Group Inc. was previously engaged to provide design services for the project.
PURPOSE
The purpose of this report is to make a recommendation for construction management services
and update Council on design services for this project.
ANALYSIS
Staff requested a proposal for tender and construction management services from Terrain Group
Inc. In response to this request, Terrain Group Inc. submitted a proposal on March 23, 2010.
Staff was previously authorized to conduct negotiations with this consultant for engineering
services for the Westfield Road project.
64
M &C2010 -111
April 8, 2010
Page 2
A Review Committee consisting of the following staff completed an analysis of the submission:
• Brian Keenan, P.Eng.
Engineering Manager, Municipal Engineering
• Tim O'Reilly, P.Eng.
Operations Manager - Transportation
• Kevin O'Brien, P.Eng.
Municipal Engineer, Municipal Engineering
• David Logan, CPPB
Purchasing Agent/Manager, Materials and Fleet Management
Each member completed an independent review of the submission and, subsequently, a Review
Committee meeting was held to jointly discuss the information presented in the Terrain Group
Inc. proposal.
The submission from Terrain Group Inc. met all of the requirements of the request for proposal
in a manner acceptable to the Committee, with a cost effective bid for the project.
Terrain Group Inc. has already provided preliminary design services for the entire length of
Westfield Road and detailed design services for Phase A (By -Road #7 to Ketepec Road) in the
amount of $250,223 + HST (M &C 2008 -347). During the course of the design work Terrain
Group Inc. has performed certain design activities staff concurs are above - and - beyond the
original engagement. These include design revisions and the engagement of specialized
consulting services required in following a thorough environmental approval process for a large
culvert installation, acquisition of property required for construction, and several revisions to the
Issued for Tender documents as the project limits changed due to financial and land acquisition
constraints. Terrain Group Inc. has reasonably requested compensation for this additional work.
FINANCIAL IMPLICATIONS
The proposed cost of the work for Terrain Group Inc. to provide tender and construction
management services is $187,742 + HST based on an estimated 22 week construction
management period. This proposed fee is appropriate for this type of project and is considered
within the funds allocated for this reconstruction project within the 2009 and 2010 General Fund
Capital Programs.
The additional fees incurred by Terrain Group Inc. during detailed design are estimated to be
approximately $60,000 + HST. Staff believes these additional requested fees are reasonable for
the work completed and have also considered this within the funds allocated in the 2009 and
2010 General Fund Capital Programs for this reconstruction project.
65
M &C2010- 111
April 8, 2010
Page 3
POLICY — ENGAGEMENT OF ENGINEERING CONSULTANTS
Notwithstanding the City's Procurement Policy for engagement of Professional Services,
Common Council has authorized staff with the approval of M &C 2009 -65 to conduct
negotiations for the engagement of an engineering consultant for this project. As identified in
M &C 2009 -65 the costs incurred by the consultant will be paid in accordance with the
Association of Professional Engineers and Geoscientists of New Brunswick schedule of
suggested fees for engineering services, as per Section 3 fee basis "A ": time based. The
Construction Management component of this project fee is based on an estimated construction
period. The final fee will be calculated based on the actual construction management period.
RECOMMENDATION
It is recommended that:
1. The proposal from Terrain Group Inc. for tender and construction management services
for Westfield Road Reconstruction Phase A in the amount of $ 187,742 + HST be
accepted and that the Mayor and Common Clerk be authorized to execute the appropriate
documentation in that regard.
2. Council authorizes that the original engineering services agreement with Terrain Group
Inc. be increased by an amount of $60,000 + HST for the additional design costs as
outlined in this report.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
..
2C)
March 31, 2010
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors,
Re; Blueberry Hill Grant Request
Background
The Nature Trust of New Brunswick has requested financial support and in -kind support
to conserve lands in an area known as Blueberry Hill. More specifically they have asked
for a $5,000 contribution to their Stewardship Fund in order to eventually take ownership
of the property. They have also requested a variety of in -kind supports including
expertise, culvert removal, bridge construction etc.
The proposal has merit in that it will provide publicly accessible green space in the
Northwest Corner of the City. The green space will be properly developed and in time
connect to the City's trail network. A funding allocation to support this project is
consistent with the City's goals and objectives.
The request for in -kind support cannot be accommodated at this time. City staff are
currently directly or indirectly involved in over a dozen redevelopment projects of park
and recreation space in the City including Rockwood Park, Rainbow Park, Market Place,
BMX Park, Canada Games Stadium and several neighbourhood parks. We do not have
sufficient resources to divert from these undertakings.
City staff from the Planning Department have been directed to contact the proponents to
discuss how this development can be reflected in the PlanSJ initiative. Staff in Municipal
Operations and Engineering are already exploring the possibility of creating offsets
(culvert) as part of the environmental requirements of the Westfield Road reconstruction.
The Blueberry Hill Project proponents have applied to see if their planned improvements
might qualify as enhancement of fish habitat, through removal of deteriorated culverts
and installation of a walking bridge, and other possible enhancements; they have not
heard whether this will receive endorsement. The potential is there to apply the $40,000-
$80,000 City requirement for fish habitat enhancement to the Blueberry Hill project if it
67
meets DFO criteria, this could to allow them to design the improvements and have them
constructed; this also means we would not need to provide in -kind support for
removal /replacement of culverts, installation of a walking bridge and whatever other
improvements they may make as part of the project.
Recommendation
That Common Council approve a grant in the amount of $2,500 in each of 2010 and 2011
to the Nature Trust Stewardship Fund to support the Blueberry Hill proposal.
R ectfully Submitted,
'atrick Woods CGA
City Manager
.:
-- .I I _ -
REPORT TO COMMON COUNCIL
April 7, 2010
Mayor Ivan Court and The city of saint John
And Members of Common Council
Your Worship and Members of Council:
SUBJECT: ESTABLISHMENT CHANGE
A number of months ago, Council was advised of a number of staffing changes that were
necessary in order that the Peel Plaza Project move forward in an expeditious fashion.
As part of that report, it was noted that certain positions were to be backfilled in Building and
Inspection Services Department and that the City of Saint John would be looking to Ms. Amy
Poffenroth to assume a larger leadership role in the Department by assuming the responsibilities
of Deputy Commissioner.
This transaction has worked out very well and both Peel Plaza and the Department are
progressing well.
Recently an issue arose with respect to Ms. Poffenroth's authority to sign building permits.
Working with the Legal Department, a solution has been found by amending the Building Bylaw
and a separate report is on this evening's agenda.
During this process, it was noted that Council was fully informed of the steps that were being
taken, the formal process of amending the City's Establishment was not followed, hence the
following resolution is required. Note that this change will not increase the current establishment.
RECOMMENDATION:
The Common Council amends the City's Establishment of permanent employees by creating the
position of Deputy Commissioner of Building and Inspection Services within the current
establishment.
ctfully submitted,
J. atrick Woods, CGA
Y MANAGER
.•
Mayor Ivan Court
Mayor's Office
Bureau du maire
04i
SAINT JOHN
��r
PROCLAMATION
WHEREAS: during the week of April 18 — April 24, 2010, volunteers across
Canada are recognized for their hard work in giving back to the
community; and
WHEREAS: Rogers TV works with volunteers on a national and provincial
level and have over 225 volunteers in the province of New
Brunswick with over 40 here in the City of Saint John; and
WHEREAS: the goal of Rogers TV is to provide community -based
programming with the help and participation of people in the
community for the benefit of viewers at home, providing over
2900 hours of programming annually, including coverage of our
City Council Proceedings; and
WHEREAS: Rogers TV in the City of Saint John and Province of New
Brunswick is an important facet of our communities, helping to
raise over 290 thousand dollars through telethons each year for
different charitable organizations; and
NOW THEREFORE: 1, Mayor Ivan Court, of Saint John do
herby proclaim April 18 to 24, 2010 as Volunteer Appreciation Week, and urge
everyone to take time to thank a volunteer for all the hard work that they do.
In witness whereof I have set my hand and affixed the official seal of the Mayor of
the City of Caint _Tnhn
Crime Reduction Strategies
for Saint John
Mr. McKim's Law 120 Class
Saint John High School
Presented by: Erika Maxwelljori Gillan, Niki Shaw, Sydney
Logan, Katherine Miller, and Emily Arnold
71
Affordable Housing
Shelters are often full, leaving many people on the streets,
forcing them to commit crimes to sustain themselves
Even if more shelters are made available, living in these
shelters exposes people to crime and drugs, making them
more likely to get involved
If affordable housing can be created for low- income families,
they will:
be surrounded by a more positive environment
be shown that the community is putting an effort into making their
lives better
be kept off the streets.
"Investing in Affordable Housing will help create jobs,
strengthen the economy, and improve the quality of life for
residents of New Brunswick." (CMHC)
72
Diplomacy
Diplomacy applied locally. The negotiation between
law makers and law breakers (ie. people who commit
crimes)
Crime can be emotionally driven; by building
relationships on the emotional level perhaps
individuals would not have the personal desire to
rebel against authority
Through the integration of representatives of the law
into the community itself it can create human-
human relationships, vs. civilian -law authority
relationships
73
Community - Police Liaison
Community based policing that involves the
community; creating a community to law
enforcement liaison
Saint John Police Force Intelligence led policing
combined with community based policing
If crime can be predicted, why not inform the
community and have both cooperate?
By creating one common goal of crime reduction and
working together through a liaison: actively involve
the community
74
Youth Outreach
More accessible youth programs
increased funding in programs like Teen Resource Centre,
youth groups, and support groups
More guidance counselors trained particularly in youth
practices
Education and Awareness
Enhanced awareness programs for youth in various
subjects that continue through out schooling. (D.A.R.E)
Conferences open to the public and schools to promote
better lifestyle choices.
Youth Shelter
Currently, 45 homeless youth but Saint John does not have
a permanent shelter just for youth (16 -24)
75
Mental Illness
Mental illness is not a factor in all crimes, nor is it the cause of
all crimes
When it comes to coping with mental illness, the more you
know about the causes, symptoms and treatments, the more
you can be in control of your life
Treated early, prevents addiction, poverty— reduces crime
While mental illnesses accounts for more than 15% of the
burden of disease in Canada, it only receives 5.5% of health
care dollars (CMAH)
Need to raise awareness for mental illness, and invest more
resources into our community's mental heath services
76
Addiction Facilities
Expand drug abuse prevention programs to middle
and high schools
Enhance services that treat individuals with chronic
pain
Expand programs for drug treatment including
methadone, so enrollment can occur when readiness
is expressed
Allow for flexibility in the methadone program,
including dispensing locations and times
Provide funds for transportation to access treatment
Increase access to subsidized housing while in
recovery
77
`Insite' Facility
Addiction comes hand -in -hand with crime
Removes needles from streets &prevents overdose
fatalities
Provides clean environment &equipment for
maximum health and safety purposes
After InSite, clients can move to OnSite for further
recovery
78
Summary of Recommendations
Invest in more affordable housing projects
Introduce diplomacy in the community
Improve community - police liaison
Invest in youth programs, and educate youth
Youth shelter in Saint John
Raise awareness for mental illness and invest more resources
into our community's mental heath services
Expand drug prevention and treatment programs
Introduce an 'Insite' facility to Saint John
79
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1.111
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Mandate
• To celebrate pride in New Brunswick
• To connect New Brunswickers to their
capital and the capital to New
Brunswickers
• To develop, for New Brunswick students,
educational materials that promote
heritage and cultural awareness
• To celebrate New Brunswick's 225+ years
shared history
1.11
The Capital Region
I -M
Projects
Dream big... start small
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Lights Across the Province
La Province s'illumine
Chair, Jean Lanteigne
• Two -year project 2008 -2009
• Connecting New Brunswick communities
• 4,000 sets of decorative LEDs
• 78 communities connected
• Reduced energy use
• Reduced energy cost
CREDIT 0 UNIONS
NLW BRUNSWICK Energie NB Power �
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qA4W
0 FLOG ER - a cadienn esp +,hires
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Capital Encounters
Chair, Edouard Allain
• Provide funding for
educational travel to the
capital region
• Promote awareness of
our shared history, our
diverse cultures, and
our political process
The River Valley Christian Academy from
Nackawic visited the Legislative Assembly
with the help of a Capital Encounters subsidy
E:M
Capital Encounters
• Available to all NB schools
• Two requirements:
— Visit to the Legislature
—Final report
• Subsidy rates:
! a Li —
— $.60 /km /$.80 /km over 400krn
— $5 /student /day
— $10 /studenUnight
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New Brunswick Day
• 2010 annual theme: Pride in our Youth
• Writing and drawing contest
• Family entertainment
• Merit Awards
• Host communities: Richibucto,
Quispamsis, Caraquet, Saint John, &
Bath u rst
87
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Promenade of Premiers
Chair, Carmel Brun
• Faces of Democracy in New
Brunswick: 30 premiers since
Confederation
• Centennial Building
University of New Brunswick
Government House
1.1.1
Promenade of the Premiers
AMA
Faces of Democracy
Chair, Carmel Brun
• Brief biographies on panels
in premiers' ridings or
hometowns
Presented on LCD screens
in public places in the capital
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PARTNERSHIPS with
Ambassadors
• Public and private organisations
• Cities, towns, villages
• Residents of the province
• You
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TEL/TEL. 1506♦ 4442024 103, RUE CHURCH STREET
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Application for Amendment to Section 39 Resolution or Agreement
Demande de modification de la resolution ou de Fentente relative a Particle 39
Applicant Related Information 1 Ren1seii nements sur le demandeur
Name of Applicant / Nom du demandeur �' ` V1 L e- i tt ek t
PP
Mailing Address of Applicant / Adresse postale du demandeur C-61 d tw ' i� U u e -
Telephone Number / Numdro de tdldphone:
Postal Code / Code postal E a' '-) X 1
Home / Domicile 06— v,` 3 0 Work / travail 33 r i
Fax Number / Numdro de tdldcopieur , �-i ! � 3 5
Name of Property Owner (if different) / Nam du propridtaire (si different)
Existing Resolution / R6solution actuelle
Date of Resolution to be Amended 1 Date de la rdsf olution d modifier
Location / Emplacement l G ("A ctLL
Civic No. / No de voirie
Postal Code / Code postal
J u.iti - 2- 9, 19 qfi 9
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Street / Rue
Applicant's Interest in Property / Intdrdt de demandeurs dan la propridtd
What is your Proposal? 1 En quoi consiste votre proposition?
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PID / NIP
Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail)
Nota: Fournier un plan ou un dessin enti6rement cotd illustranttvo�tre proposition. (D&rire la proposition en ddtail)
(�J t) t4A 0,4,, A ou L cuv- CAJ' 0— t Ywep r
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A fee of $300.00 is enclosed in the form of a cheque or Money Order made payable to the City of Saint John.
Ci joint des frais de 300 $ sous forme de chdque ou de mand4 -poste libelld d l'ordre de The City of Saint John.
Signature of Applicant / Signature du demarrdeur
Date 2 I to
Signature of the owner must be included. / Lasignature due propridtaire doit @tre incluse.
Signature of Owner (if applicable) / signature du propridtaire (s'il y a lieu)
Date U
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City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 110 0801 442 2010
Department: Common Clerk's Office Account #'71206
Contact: Elizabeth Gormley
Phone: (506 ) 658 -2862
Faz:_ 506 674- 4214
:Special Instructions (if any):
Reference: 1151 Golden Grove Road — Section 39 Amendment
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
SJTJ City Information Ad
- SJTJ Independent Placement
" SJTJ Classifieds
Date(s): Tuesday, March 16, 2010
Tuesday, April 6, 2010
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: Elizabeth Gormley, Common Clerk/Greffiere communale
Contact:
Telephone: (506) 658 -2862
PROPOSED SECTION 39 AMENDMENT
RE: 1151 GOLDEN GROVE ROAD
Public Notice is hereby given that the Common
Council of The City of Saint John intends to consider
a proposal at its regular meeting to be held in the
Council Chamber on Monday, April 12, 2010 at
7:00 p.m., by:
Amending the Section 39 conditions imposed on the
June 28, 1999 rezoning of the property located at
1151 Golden Grove Road, also identified as PID No.
55099246, to permit a revised proposal.
REASON FOR CHANGE:
To permit the outdoor placement of three containers
for demolition materials and recyclables.
The proposed amendment may be inspected by any
interested person at the office of the Common Clerk,
or in the office of Planning and Development, City
Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through
Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to
the undersigned at City Hall.
Elizabeth Gormley, Common Clerk
658 -2862
97
PROJET DE MODIFICATION DE
L'ARTICLE 39
OBJET: 1151, CHEMIN GOLDEN GROVE
Par les pr6sentes, un avis public est donne par lequel
le conseil communal de The City of Saint John
indique son intention d'examiner une proposition lors
de la r6union ordinaire qui se tiendra dans la salle du
conseil le lundi 12 avril 2010 A 19 h en apportant les
modifications suivantes :
Modification des conditions imposdes en vertu de
Particle 39, le 28 juin 1999, relativement au rezonage
de ]a propri6t6 situ6e au 1151, chemin Golden Grove,
et portant le NID 55099246, pour permettre la
presentation d'une proposition r6vis6e.
RAISON DE LA MODIFICATION:
Permettre que soient places a 1'ext6rieur trois
conteneurs visant a recevoir des mat6riaux de
demolition et du recyclage.
Toute personne int6ress6e peut examiner la
modification propos6e au bureau du greffier
communal ou au bureau de 1'urbanisme et du
d6veloppement a 1'h6tel de ville au 15, Market
Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les jours f6ri6s.
Veuillez faire part de vos objections au projet de
modification par 6crit a 1'attention du soussign6 a
1h6tel de ville.
Elizabeth Gormley, Greffi6re communale
658-2862
PUBLIC NOTICE
AVIS PUBLIC
N.N i+: Notice is Iien b y given that the Common
Council of The City of Saint John intends to
consider a proposal at its regular meeting to be held
in the Council Chamber on Monday, April 12, 2010
at 7,00 p.m,, by:
Amending the Section 39 conditions imposed on the
June 28, 1999 rezoning of the property located at
1151 Golden Grove Road, also identified as PID No.
55099246, to permit a revised proposal.
REASON FOR CHANGE:
To permit the outdoor placement of three
containers for demolition materials and recyclables.
The proposed amendment may be inspected by any
interested person at the office of the Common Clerk,
or in the office of Planning and Development, City
Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through
Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to
the undersigned at City Hall.
Elizabeth Gormley, Common Clerk
658 -2862
.;
Par les presentes, un avis public est donne par lequel le
conseil communal de The City of Saint John indique
son intention d'examiner une proposition lors de
la reunion ordinaire qui se tiendra dans la salle du
conseil le lundi 12 avril 2010 a 19 h en apportant les
modifications suivantes :
Modification des conditions imposees en vertu de
Particle 39, le 28 juin 1999, relativement au rezonage
de la propriete situee au 1151, chemin Golden Grove,
et portant le NID 55099246, pour permettre Ia
presentation d'une proposition revisee.
RAISON DE LA MODIFICATION:
Permettre que soient places a 1'exterieur trois
conteneurs visant a recevoir des materiaux de
demolition et du recyclage.
Toute personne interessee peut examiner la
modification proposee au bureau du greflier
communal ou au bureau de l'urbanisme et du
developpement a 1'hotel de ville au 15, Market
Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du
lundi au vendredi, sauf les fours feries.
Veuillez faire part de vos objections au projet de
modification par ecrit a Pattention du soussigne a
1'h6tel de ville.
Elizabeth Gormley, Greffiere communale
658 -2862
DATE:
TO:
FROM:
FOR:
PREPARED BY:
MARCH 31, 2010
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING � PLANNING AND DEVELOPMENT
MEETING OF APRIL 7, 2010
REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT:
Ken Forrest, MCIP, RPP
Commissioner
Name of Applicant: Vincent Catton
Name of Owner: Vincent Catton (Atlantic Home Improvements Ltd.)
Location: 1151 Golden Grove Road
PID: 55099246
Municipal Plan: Unserviced Residential
Zoning: `B -2" General Business
Proposal: To amend Section 39 conditions to allow for the placement of
three garbage containers on site.
Type of Application: Amend Section 39 conditions
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning amendments to Section 39 conditions proposed on a property. The Committee's
9
Vincent Catton
1151 Golden Grove Road
Page 2
March 31, 2010
recommendation will be considered by Common Council at a Public Hearing on Monday, April 12,
2010.
STAFF RECOMMENDATION TO COMMITTEE:
That the application be denied.
BACKGROUND:
In addition to the subject property at 1151 Golden Grove Road, the applicant also owns the property at
1099 Golden Grove Road, which is located across Clark Road East from the subject site. The
development history of these two properties is intertwined and this section of the report provides an
overview of both sites.
In 1999, Mr. Catton submitted an application to rezone his residential property at 1151 Golden Grove
Road from "RS -1 M" One and Two Family and Mobile Home Suburban Residential to `B -2" General
Business in order to permit his contracting company, Atlantic Home Improvements Ltd., to relocate
from its location in the Grandview Industrial Park. At the time, in addition to the residence, a 9.1 metre
x 18.3 metre (30 feet x 60 feet) garage was existing on the property. It was proposed to renovate the
garage to accommodate offices and storage for the business. While the Committee did not recommend
the proposed amendment, Council proceeded to rezone the property subject to several conditions
imposed pursuant to Section 39 of the Community Planning Act. Among the conditions was that no
outside storage of material or garbage containers be permitted. It is this condition which is the subject
of the present application.
Subsequently, in 2001, Mr. Catton submitted an application to re- designate and rezone the property
located at 1099 Golden Grove Road, from residential to light industrial in order to permit the
establishment of a self - storage business comprised of two buildings containing a total of twenty -six
rental units. In conjunction with the proposal, the applicant intended to construct a 9.1 metre x 18.3
metre (30 feet x 60 feet) garage that was to be accessory to his dwelling at 1151 Golden Grove Road and
would be for personal use only.
Prior the Committee hearing for the 2001 application, the applicant revised the proposal by reducing the
number of rental units from twenty -six to sixteen, to be contained within one building. The Committee
recommended the Municipal Plan and Zoning By -law amendments and included as part of their
recommendation a list of several conditions. Council followed the Committee's recommendation and
adopted the amendments, complete with the Section 39 conditions. As a result, 1099 Golden Grove
Road was redesignated from Unserviced Residential to Light Industrial and rezoned to "I -1" Light
Industrial.
Amongst the other conditions imposed in 2001 was a restriction that the use of the property at 1099
Golden Grove Road be "restricted to the applicant's proposal for self - storage rental units and a garage to
be used for personal use by the property owner, and that it not be used for commercial use ". In 2002,
100
Vincent Catton
1151 Golden Grove Road
Page 3
March 31, 2010
Mr. Catton submitted an application to amend this condition in order to allow the garage to be used for
business offices and/or commercial storage space. Council, following the Committee's recommendation,
adopted the proposed change but imposed further conditions, including one that the garage be used only
as part of the same business located at 1151 Golden Grove Road.
In 2005, an application was submitted to amend the Section 39 conditions affecting both properties by:
1) Adding a pet grooming salon' to the list of permitted used at 1151 Golden Grove Road and
removing a showroom for a building contractor business (offices and interior material storage are
still permitted);
2) Removing the condition that the business offices and/or commercial storage uses at 1099 Golden
Grove Road must be used in conjunction with the business at 1151 Golden Grove Road; and
3) Permitting an office, showroom and interior material storage for a building contractor business at
1099 Golden Grove Road.
The Committee recommended the above changes and Council adopted an amending resolution in
November of 2005.
In 2007, an application was submitted to amend the Section 39 conditions imposed on the April 2, 2002
rezoning of the property located at 1099 Golden Grove Road, also identified as PID number 00310292,
as previously amended on January 20, 2003 and November 7, 2005, by:
1) increasing the maximum permitted building height to 7.3 metres (24 feet) for both buildings;
2) removing the condition that no signage be permitted on the property advertising any business
located within the garage building except for a small directional sign to be located on the
pedestrian doorway, intended to direct customers to the property at 1151 Golden Grove Road;
3) limiting the total amount of signage on the subject property to a total of 13.9 square metres (150
square feet), with a further restriction that the signage not be illuminated.
In accordance with the staff recommendation, PAC recommended that the Section 39 Conditions be
amended and these were subsequently enacted by Common Council In December 2007.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed amendment to the Section 39
Agreement.
Buildings and Inspection Services notes that the application is the result of a violation of the existing
Section 39 Agreement.
Saint John Fire Department notes that the dumpsters must be located 20 feet from buildings of
combustible construction (i.e. wood and vinyl siding) or buildings containing unprotected openings such
as doors or windows.
' While Council approved the proposed change, the pet �Tooming salon was never established.
101
Vincent Catton Page 4
1151 Golden Grove Road March 31, 2010
N.B. Department of Environment notes that should any ground work (excavation, addition of fill,
rock, gravel, etc., removal of vegetation/trees /shrubs) be required within 30 meters from the watercourse
and/or within 30 meters of any wetlands present, a watercourse and wetland alteration permit is
required.
ANALYSIS:
Subject Site and Proposed Development
The subject property is located off the Golden Grove Road near the intersection with Clark Road and
has an area of approximately 5800 square metres (62,430 square feet). A single family dwelling,
detached garage and storage shed (shed not shown on site plan provided by applicant) are located on the
property. Access to the parcel is provided by three driveways along the 90 metre (295 foot) roadway
frontage on Clark Road and Golden Grove Road. The two easternmost driveways are paved and serve
the dwelling and garage with the gravel driveway to the west of the garage serving the rear portion of
the garage and storage shed. The property backs onto a lake and is surrounded by mature trees on either
side of the property.
The applicant is proposing to locate three garbage containers on the property as shown on the attached
site plan. Two of the containers will be the standard sized containers that are emptied with a front
loading refuse truck and will contain cardboard and garbage. The third container, used for construction
waste, will have a capacity of approximately 25 cubic metres (30 cubic yards) and will be of the roll -
on/roll- off - design. The two smaller containers will be located next to the garage with the large container
located towards the rear of the driveway.
Surrounding Area
With the exception of the properties at 1099 and 1151 Golden Grove Road, the area is predominately
low density residential. Zoning of the surrounding area is "RS -1 M" One and Two Family and Mobile
Home Suburban Residential immediately along Golden Grove Road with peripheral areas zoned "RF"
Rural. The site at 1151 Golden Grove Road is zoned `B -2" General Business with the site at 1099
Golden Grove Road zoned "I -1" Light Industrial.
Municipal Plan Direction and Zoning Considerations
This site and general area is largely designated as Unserviced Residential under the Municipal
Development Plan. As the designation implies, this area of the City is intended to be developed for low
density residential homes on unserviced lots. In addition, non - residential uses are permitted that are
intended to serve the neighbourhood community or are small and have little impact on the residential
area.
The site was rezoned to `B -2" General Business with Section 39 conditions in 1999. Specifically one of
the Section 39 conditions prohibits garbage containers and the outside storage of material on the site.
This condition was enacted in response to statements made by the applicant at the PAC meeting and
Public Hearing that it was not the intent to have dumpsters for garbage on the subject site.
102
Vincent Catton Page 5
1151 Golden Grove Road March 31, 2010
At the time of the 1999 rezoning, the company relocated from their location in the Grandview Industrial
Park as a result of the expansion of a neighbouring use. At that time, Planning Staff recommended the
rezoning be denied as a building contractor operation of that magnitude was not considered appropriate
to be located in a residential area, although the rezoning was subsequently approved by Common
Council with Section 39 conditions. Staff note that the applicant's business interests have expanded
beyond the subject property at 1151 Golden Grove Road to the site across Clark Road East at 1099
Golden Grove Road and that past applications have been made to amend Section 39 conditions attached
to the properties.
Staff are of the opinion that perhaps the business is growing and expanding beyond the level that allows
it to be located in a predominantly residential area given that the business located at 1151 Golden Grove
Road was originally located in an industrial park, combined with the expansion of the applicant's
business interests and subsequent amendments to Section 39 conditions.
Section 39 conditions were enacted in 1999 to reduce the impacts of the business on the residential
properties in the area. One of these was a prohibition on the outdoor storage of material and garbage
containers on the subject site. Staff note the location and screening of outdoor garbage containers is a
commonly regulated item in zoning standards to mitigate the impacts arising from their use in
commercial, industrial, and multiple unit residential developments. In an instance such as this
application, Staff is of the opinion that these impacts are heightened given the visibility into the site and
the location in a predominantly residential area.
The attached air photo from 2008 shows that the garbage containers were on the site at that time in
violation of the Section 39 conditions of the rezoning. From the air photo, it also appears the large
garbage container was located on the adjacent property which is not owned by Mr. Catton. Photos
submitted by the applicant also show the containers in approximately the same location as that shown in
the air photo. The visible storage of large volumes of waste and recyclables is not acceptable as
proposed by the applicant and is contrary to what was agreed to by the applicant.
The proposed container location as shown by the applicant on the site plan will not meet the required 6.1
metre (20 foot) clearance from the garage as required by the Provincial Fire Marshall. In addition,
Section 4(5) of the Solid Waste By Law of The City of Saint John requires that solid waste stored on any
premises within the City, other than that when placed at curbside or at an approved collection site for
collection, shall be stored in such a manner so as not to be visible from the street or road.
Based on the locations of the containers as noted in the photos and site plan, visibility of the containers
is an issue. At the very least, Staff is of the opinion that the applicant should be directed to determine if
the containers can be relocated, redesigned or screened with a visual barrier or fence of sufficient height
so that they are not visible from the adjacent lake, surrounding properties, Golden Grove Road or Clark
Road East.
Given the placement and location considerations, the history of the various changes to the rezoning
agreements affecting the two sites which tends to nullify the intent of placing limitations on the
commercial use on the properties, and the fact the waste receptacles were installed in violation of the
Section 39 conditions, Planning Staff do not support the requested amendment to the Section 39
Agreement.
103
Vincent Catton
1151 Golden Grove Road
CONCLUSION:
Page 6
March 31, 2010
Planning Staff do not support the requested amendment to the Section 39 Agreement given the visual
impacts of the containers, the history of changes to the Section 39 Agreements on the properties and the
installation of the receptacles in violation of the Section 39 agreement.
MR
Project No. 10 -073
104
April 8, 2010
Your Worship and Councillors:
SUBJECT: Section 39 Amendment - 1151 Golden Grove Road
On March 15, 2010 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its April 7, 2010 meeting.
Mr. Carl White, representing the applicant, attended the meeting and advised he
did not agree with the staff recommendation contained in the report and answered
questions from the Committee relating to placement of the containers and impacts
on the adjacent lake. Mr White noted the containers were placed at 1151 Golden
Grove Road as people, other than the applicant, were using these containers to
dispose of their garbage when the containers were located at 1099 Golden Grove
Road and that the applicant wanted to control this. It was also noted the applicant
was aware that placement of the containers at 1151 Golden Grove Road was a
violation of the existing Section 39 agreement and that notice from City Staff was
received to this effect.
No other persons appeared before the Committee and the Committee did not
receive any letters regarding the proposal.
After considering the matter, the Committee adopted the Staff Recommendation.
RECOMMENDATION:
That Common Council deny the application.
Respectfully submitted,
Terry Cornfield
Vice - Chairman
MG
Project No. 2010 -73
105
I
PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT
%
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PID(s)/NIP(s):
Subject Site/site en question: 55099246
Location: 1151, chemin Golden Grove Road
Date: March 8 mars 2010.
Scale/6chelle: Not to scale/Pas;& 1'6chelle
106
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01114/2010 14.39 1 PLANNING AND DEVELOP PAGE 03104
71�
Application for a Zoning By -ISW .A,Meadmen#
Demande de modification A ParrAN sur le zonage
Applicant Related Information / Renseignemeate sar le demandeur
Name of AppU=t / Nom du d==das
MWIing Address of epplicimt / .Addmne paetalo du dmandata ' i'J F !^ lf�
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Home / Damlcile �d - (c3 3 C� 9 (� WM& /Traveai_ - -
Fax Number / Nttmdro de t61600pieur On —73 ! —C)/(09
Name o£ grape dy Owner (if diffi al) / Nom du pm prM lih (si )
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Address / Admsm - / rj r) r
Fropaft Idorm0lon / Renseipemenis enr la preprM
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Civic # / No dg yogic Street /Rue
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109
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MimickmA plum Land Use Dcs*nmd4 a 7 hE'Y
Nsignation de Wi nfion des tames am It plan mimicipai OLC / �
Amendment ]i u"tcd / ModificKtiou demand6e
Pres�cu / ZoM P acmi
nge ZoDbs to 1 ModiScadon du zomage A
and/or / ou
Text Amendment (Wicde patlioulars) / Modi$eadom due bite (indignez lea ddtd h)
110
01/1412010 14:38 1 PLANNING AND DEVELOP PAGE 04104
Development Proposal I Proposition d'smdnagewc8t
Dasaiptiotr of Pmposal f Deaaipdw de la pabpoaition
Toe nactt;wcvIak a acakd sift plan the Hlustraaaa
yorarpr *WcL Poo may alas prve
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and any otharfmw of 0ormwim Mplarn WW
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112
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: Elizabeth Gormle
Phone: 506 658 -2862
Fax: 50 674 -4214
Special Instructions (if any):
7 Northumberland Avenue Public Hearing
Reference:
Newspaper Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
SJTJ City Information Ad
Date(s): Tuesday, March 161h, 2010
And
Tuesday, April 61h, 2010
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ General Notice ❑ Tender ❑ Proposal
IN Public Notice
Sub- Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale
Contact:
Telephone: (506) 658 -2862
113
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 7 NORTHUMBERLAND AVENUE
Public Notice is hereby given that the Common
Council of The City of Saint John intends to
consider amending The City of Saint John Zoning
By -law at its regular meeting to be held in the
Council Chamber on Monday, April 12, 2010 at
7:00 p.m., by:
Rezoning a parcel of land with an area of
approximately 690 square metres, located at 7
Northumberland Avenue, also identified as PB)
No. 00323741, from "R -2" One and Two Family
Residential to "R -4" Four Family Residential.
REASON FOR CHANGE:
To recognize an existing three - family dwelling as a
permitted use.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
PROJET DE MODIFICATION DE L'ARRETI
SUR LE ZONAGE
OBJET: 7, AVENUE NORTHUMBERLAND
Par les pr6sentes, un avis public est donne par
lequel le Conseil communal de The City of Saint
John indique son intention d'6tudier la modification
suivante a 1'arret6 sur le zonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra dans la salle du Conseil le lundi 12 avril
2010 a 19 h:
Rezonage dune parcelle de terrain d'une
superficie d'environ 690 metres carr6s, situ6e au 7,
avenue Northumberland, et portant le NB)
00323741, de zone r6sidentielle — habitations
unifamiliales et bifamiliales <<R -2» a zone
r6sidentielle — habitations de quatre logements
«R -4»
RAISON DE LA MODIFICATION:
Reconnaitre l'utilisation permise d'un edifice a
trois logements existant.
Toute personne int6ress6e peut examiner le projet
de modification au bureau du greffier communal ou
au bureau de I'urbanisme et du d6veloppement a
I'h6tel de ville au 15, Market Square, Saint John,
N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi,
sauf les jours f6ri6s.
Written objections to the amendment may be sent Veuillez faire parvenir vos objections au projet de
to the undersigned at City Hall. modification par 6crit a I'attention du soussigne ii
I'h6tel de ville.
Elizabeth Gormley, Common Clerk
658 -2862
114
Elizabeth Gormley, Greffiere communale
658 -2862
•• MINNOW lr� IIo
god • WWI I LIM M I • o
PUBLIC NOTICE AVIS PUBLIC
Public Notice is hcreb*V given that the Common Par lee presentee, un avis public est donne par lequel
Council of the City of Saint John intends to consider le coned communal de The City of Saint John
amending The City of Saint John Zoning By -law at mdique son intention d'ctudier la modification
its regular meeting to be held in the Council Chamber suivante i 1'arrete sur le zonage de The City of Saint
on Monday, April 12, 2010 at 7:00 p.m., by: John, lors de la reunion ordinaire qui se tiendra dans
la salle du conseil le lundi 12 siril 2010 a 19 h:
Rezoning a parcel of land with an area of Rezonagc d'une parcelle de terrain dune superficte
approximately 690 square metres, located at 7 d'emiron 640 metres carres, situec au 7, avenue
:Northumberland Avenue, also identified as PID Northumberland, et portanl le NID 00323741,
No. 00323741, from "R -2" One and Teo Ftamil_v de zone residentielle — habitations unifamiliales et
Residential to "R4" Four Family Residential. bifamiliales uR -2ir a zone residentielle -- habitations
de quatre logements i4R4ii
REASON FOR CHANGE: RAISON DE LA MODIFICATION;
To recognize an existing three - family dwelling as a Reconnoitre l'utilisanon perrmse d'un edifice a lrois
permitted use. logements existant.
The proposed amendment may be inspected by any Toute pcisonue interestee peut examiner le projet de
interested person at the office of the Common Clerk, modification au bureau du grelTicr communal ou au
or in the office of Planning and Devclopnimt. City bureau de l'urbanisme el du developpement i 116tel
Hall, 15 Market Square, Saint John. N.B. bctWUn the de ville au 15, Markel Square, Saint John, N -B ,
hours of 8 30 a.m, and 4 30 p.m., Monday through enlre 8 h 30 et 16 h 30 du lundi au %endredi, sauf
Fnday, inclusive, holidays excepted. les lours fenes.
Written objections to the amendment may be sent to Veutllez faire parvenir vos objections au projet de
the undersigned at City Hall modification par i:crit i l'attention du soussigne i
116tel de ville.
Elizabeth Gormley, Common Clerk Elizaheth Gormley, GrcNre communale
658 -2862 659.2862
P.O. 14OX / C.P. 1971 SAINT.101 IN NB FM 4L1,tvw%.s;dn(jo1snXa-
115
BY -LAW NUMBER C.P. 110 -
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D. 2005, is amended by:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land with an area of
approximately 690 square metres, located
at 7 Northumberland Avenue, also
identified as PID number 00323741, from
"R -2" One and Two Family Residential to
"R-4" Four Family Residential
- 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. 2010
and signed by:
Mayor /Maire
ARRETE No C.P. 110 -
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune r6union du conseil
communal, The City of Saint John a
decr6t6 cc qui suit :
Uarret6 sur le zonage de The City
of Saint John, d6cr06 le dix -neuf (19)
d6cembre 2005, est modifi6 par:
1 La modification de 1'annexe «A »,
Plan de zonage do The City of Saint John,
permettant de modifier la d6signation pour
une parcelle de terrain d'une superficie
d'environ 690 metres carr6s, situ&e au 7,
avenue Northumberland, et portant Ie NID
00323741, de zone r6sidentielle —
habitations unifamiliales et bifamiliales
«R -2» a zone r6sidentielle — habitations de
quatre logements «R-4»
- toutes les modifications sont indiquees sur
le plan ci joint et font partie du pr6sent
arrete.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arr6t6 le 2010,
avec les signatures suivantes :
Common Clerk/Greffi6re communale
First Reading -
Premi6re lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisi6me lecture
116
April 8, 2010
Your Worship and Councillors:
SUBJECT: 7 Northumberland Street - Rezoning
On March 15, 2010 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its April 7, 2010 meeting.
Mr. Joe McAuliffe appeared on behalf of the applicant, Donna Bordage, and
spoke in favour of the application. No one else appeared for or against the
application and no letters were received with regards to the application.
Mr. McAuliffe stated that the building has contained three rental units for a
number of years, and that he had no intention of changing that.
After considering the report and comments made by the applicant, the Committee
adopted the staff recommendation.
RECOMMENDATION:
That Common Council rezone a parcel of land with an area of
approximately 690 square metres, located at 7 Northumberland Avenue,
also identified as being PID Number 00323741, from "R -2" One and Two
Family Residential to "R -4" Four Family Residential.
2. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the use of a parcel of land with an area of approximately 690 square
metres, located at 7 Northumberland Avenue, also identified as being PID
Number 00323741, be subject to the condition that the use of the property
is limited to a maximum of three dwelling units.
Respectfully submitted,
Terry Cornfield
Vice - Chairman
X
Project No. 10 -077
117
DATE:
TO:
FROM:
FOR:
PREPARED BY:
APRIL 1, 2010
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING � PLANNING AND DEVELOPMENT
MEETING OF APRIL 7, 2010
REVIEWED BY:
Jody Kliffer Ken Forrest, MCIP, RPP
Planner Commissioner
SUBJECT:
Name of Applicant:
Donna Bordage
Name of Owner:
Donna Bordage
Location:
7 Northumberland Avenue
PID:
00323741
Municipal Plan:
Low Density Residential
Zoning:
Existing: "R -2" One and Two Family Residential
Proposed: "R -4" Four Family Residential
Proposal:
To rezone an existing three -unit dwelling.
Type of Application:
Rezoning
118
Donna Bordage Page 2
7 Northumberland Avenue April 1, 2010
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, April 12, 2010.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land with an area of approximately 690 square metres,
located at 7 Northumberland Avenue, also identified as being PID Number 00323741, from "R-
2" One and Two Family Residential to "R -4" Four Family Residential.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel
of land with an area of approximately 690 square metres, located at 7 Northumberland Avenue,
also identified as being PID Number 00323741, be subject to the condition that the use of the
property is limited to a maximum of three dwelling units.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed rezoning application as there
appear to be no planned changes to the site or servicing, only a rezoning. All properties in excess of 3
units must have a City approved water meter installed.
Buildings and Inspection Services advises that this proposal is to legitimize an illegal third unit in the
building at 7 Northumberland Avenue and is another in the series of such rezoning requests that have
received in the past few years. The department is of the opinion that there is no benefit to the City in
undertaking action to legalize such units, as it amounts to rewarding illegal activity. In most instances,
after being rezoned by Council, the owners will obtain a change of use permit, at minimal cost, to
confirm the "new" use. While satisfying the legal aspects of the property use, and probably facilitating
the sale of the property, it does nothing to ensure that the property is actually in compliance with
Building Codes and life safety standards. In most instances we have no choice but to accept the new
unit "as is ". The only other alternative is to order that the construction materials be exposed to allow
inspection for code compliance. The owner has escaped the cost of obtaining a permit for the actual
renovation work and the costs of whatever additional or different work that may have been required to
make the work meet Code, had it been done under a permit.
Continued spot rezonings such as these only cause deterioration of neighbourhoods and confirm the
"catch me if you can" approach of property owners to illegal renovations.
Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline has no concerns with this
application
119
Donna Bordage Page 3
7 Northumberland Avenue April 1, 2010
ANALYSIS:
Site and Neighbourhood
The subject site is located on Northumberland Avenue, between Westmorland Road and McLaughlin
Crescent, in East Saint John. This is a residential area largely populated by one, two and three unit
dwellings. The subject property is situated in a predominantly post -War neighbourhood, including the
subject dwelling which was constructed in 1969. The subject site appears typical of several others in the
immediate neighbourhood, being a three -level structure with a driveway to the side. The building
contains three dwelling units, one on each level. The driveway extends from the front of the property to
the rear, where it opens into a larger parking area that provides ample space to satisfy the parking
requirements for a three unit dwelling.
History of the Use of the Property
The Planning and Development Department's files do not contain any information to indicate when the
building on the site became a three- family dwelling. It appears likely that the subject building has been
used as a three -unit rental dwelling for a number of years. According to the present owner, the building
has been used as a three- family unit since the early 1970s.
Proposal
The present owner is in the process of selling the property and, as a result of a recommendation offered
by the real estate agent, the applicant opted to rezone the property prior to selling it. The present owner
is seeking to rezone the site from the present "R -2" One and Two Family Residential zone to a zone that
recognizes the existing use as a three- family dwelling. The City's Zoning By -law does not have an "R-
3" zone category; therefore an "R -4" Four Family Residential zoning is being proposed. However,
Common Council may limit the use to a three- family dwelling as a condition of the rezoning pursuant to
Section 39 of the Community Planning Act, if it decides to approve the application.
Proposed Rezoning
As noted above, the subject neighbourhood contains several buildings that appear similar to the subject
property. There are a number of three and four - family dwellings that exist on Northumberland Avenue.
The legal status of these multi -unit dwellings, which are also mostly zoned "R -2" One and Two Family
Residential, is probably the same as the subject. None of these dwellings appear particularly out of
place in the overall neighbourhood context. The existence of the third unit, apparently for several years,
with no record of any formal complaints, suggests that the use of the property has not caused any major
land use conflicts in the neighbourhood.
CONCLUSION:
The existing use of the building appears to fit in with the overall neighbourhood. Approval of the
proposed rezoning can be recommended on the basis that the third unit has existed for some time with
few or no apparent problems and with no known complaints. Additionally, the use of the property is
similar to several properties in this area of the East Side of Saint John and the building and property are
large enough to accommodate the third unit.
120
Donna Bordage
7 Northumberland Avenue
Page 4
April 1, 2010
While rezoning to "R -4" Four Family Residential is being recommended, it is also recommended that
the use be limited to a maximum of three units.
JK
Project No. 10 -077
121
PLANNING AND DEVELOPMENTIURBANISIVIE ET DEVELOPPEMENT
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Subject Site/site en question PID(s) /NIP(
: 00323741
Location: 7 Northumberland Avenue
Date: March 15, 2010
Scale /6chelle: Not to scale /Pas a I'echelle
122
b�
Accessory t
Building
� t
Parking Area
Existing �M I
Three - Family TB
n Dwelling
i
I�
I..
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Northumberland Avenue
SITE PLAN
7 NORTHUMBERLAND AVENUE
April 1, 2010
edrawn by- Planning & Development
based on air photography and information
provided by applicant)
APPROX. SCALE 1 inch = 24 feet
123
q, 3
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
Be it enacted by the Common
Council of The City of Saint John as
follows:
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
211 immediately after Section 210 thereof,
as follows:
The City of Saint John does hereby
stop up and close permanently the
following portion of highway:
KING STREET: All that portion of King
Street, a public street in the City of Saint
John in the County of Saint John and
Province of New Brunswick, comprising
109 square metres as shown on a Plan of
Survey titled, "Plan of Survey Showing a
portion of King Street, City of Saint John,
Saint John County, New Brunswick ",
prepared by Hughes Surveys & Consultants
Inc. and dated March 24, 2010, attached
hereto.
1N WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Sea] of the said City to be affixed
to this by -law the * day of *, A.D. 2010
and signed by:
Mayor/Maire
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
Lors d'une reunion du Conseil
communal, The City of Saint John a
decrete cc qui suit :
1 Par les presentes, I'arrete de The
City of Saint John intitule, «L'arrete sur
('interruption 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 211
immddiatement apres Particle 210, comme
suit :
Par les presentes, The City of Saint
John Barre et ferme de fa�on permanente la
portion dune route suivante :
RUE KING : Tout le trongon de la rue
King, une rue publique dans The City of
Saint John, Comte de Saint John, dans 1a
province du Nouveau - Brunswick, d'une
superficie d'environ 109m2 comme le
montre le plan d'arpentage intitule «Plan
d'arpentage indiquant une partie de la rue
King, City of Saint John, Comte de Saint
John, Nouveau - Brunswick», prepare par
Hughes Surveys & Consultants Inc. et date
du 24 mars 2010, ci joint.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le * 2010, avec les
signatures suivantes
Common Clerk/Greffiere communale
First Reading -
Premiere lecture -
Second Reading -
Deuxieme lecture -
Third Reading -
Troisieme lecture -
124
3u hydro / RI d'utiIR6
fer ronde trouvee
'oinI de coordonnees calculees
/Borne d'arpentage uniforme ploc6e
nt /Monument du reseau geodesique du N.B.
de propriete adjacente
pint coordonne tabula
service
/Borne d'arpentage uniforme trouvee
i fer corree trouvee
contrble de cheminement
Values
,uveau— Brunswick
Rrnks.
Calc.
Pt. /Pt.
talc.
COIC.
Pt. /Pt.
talc.
Calc.
Pt. /Pt.
talc.
Calc.
Pt. /Pt.
calc.
Calc.
RJR.
talc.
Calc.
Pt. /Pt.
talc.
COIC.
Pt. /Pt.
talc.
Calc.
Pt. /Pt.
talc.
Calc.
RJR.
talc.
C.C.
Calc.
Pt. /Pt.
talc.
Calc.
Pt. /Pt.
talc.
C.C.
CaIC.
Pt. /Pt.
talc.
Calc.
Pt. /Pt.
colt.
N-B. Mon. /Mon
N. —B.
N.B. Mon. /Mon
N. —B.
N.B. Mon. /Mon
N. —B.
363690
0
� CD
5 �.
0 �
CD
Q CD
+ ir gue 5
n Seet� u va {ye r
1�o�9e
`w`60 vof'es
Rod. -5.23
Ch.-3.81
C6. Az. -97'
(M C.C.
portion of King Street
a Public Street/
partie de la rue King,
une rue publique
109 rn'
+ Lot 09-
see/voir Plan Nc
P.I.D. /N.I.D. 55196E
Commercial Prop
¢' Limited Prope
Co
o Ln
a �
125 1 m
r-�
PUBLIC NOTICE
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, April 12,
2010 at 7:00 p.m. to stop up and close the following
highway:
KING STREET: All that portion of King Street, a
public street in the City of Saint John in the County
of Saint John and Province of -- —
New Brunswick, comprising 109 1
square metres as shown on a Plan
of Survey titled, "Plan Of Survey
Showing a portion of King --
Street, City of Saint John, Saint
John County, New Brunswick ",
prepared by Hughes Surveys &
Consultants Inc. and dated March �� =`
24, 2010, attached hereto. i ;: =.IR :11
t�
w
The proposed amendment and plan of the above
described 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.
2954643
126
AVIS PUBLIC
Par les presentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention de modifier 1'« arrete
concernant la fermeture et le barrage de routes dans
The City of Saint John)) lors de la reunion ordinaire
qui se tiendra le lundi 12 avril 2010 a 19 h afin de
fermer et de barrer la rue suivante :
RUE KING: Tout le tron�on de la rue King, une rue
publique dans The City of Saint John, comte de Saint
_ - - -'— John, dans la province du Nouveau-
' Brunswick, d'une superficie
d'environ 109 m2 comme le montre
le plan d'arpentage intitule « Plan
d'arpentage indiquant une partie
de la rue King, City of Saint John,
x.t� comte de Saint John, Nouveau-
Brunswick », prepare par Hughes
Surveys & Consultants Inc. et date
du 24 mars 2010, ci joint.
Toute personne interessee peut examiner le projet de
modification et le plan de la route decrits ci- dessus
au bureau de la greffiere communale a l'hotel de ville
au 15, Market Square, a Saint John, au Nouveau -
Brunswick, entre 8 h 30 et 16 h 30 du lundi au
vendredi, sauf les jours feries.
Veuillez faire part de vas objections au projet de
modification par ecrit a 1'attention du soussigne a
l'hotel de ville.
1 5,,„/ m
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
Be it enacted by the Common
Council of The City of Saint John as
follows:
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
210 immediately after Section 209 thereof,
as follows:
The City of Saint John does hereby
stop up and close permanently the
following portion of highway:
ELGIN STREET: All that portion of
Elgin Street, a public street in the City of
Saint John, County of Saint John and
Province of New Brunswick comprising
4.28 square metres as shown on a Plan of
Survey titled: "Plan of Survey Showing
portion of Elgin Street, To he Closed by
The City of Saint John, Situate Elgin Street,
City and County of Saint John, Province of
New Brunswick ", prepared by DeSaulniers
Surveys Inc. and dated February 24, 2010,
attached hereto.
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. 2010
and signed by:
Mayor/Maire
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
Lors d'une reunion du conseil
communal, The City of Saint John a
decrete ce qui suit :
1 Par les prdsentes, Parretti de The
City of Saint John intitule, « L'arretd sur
l'interruption de la circulation et la
fermeture des routes dans The City of Saint
John », decrete le 19 decembre 2005, est
modifie par Pajout de ['article 210
immddiatement apres I'article 209, comme
suit :
Par les presentes, The City of Saint
John barre et ferme de faron permanente la
portion d'une route suivante :
RUE ELGIN : Tout le trongon de la rue
Elgin, une rue publique dans The City of
Saint John, comtd de Saint John, dans la
province du Nouveau - Brunswick, d'une
superficie d'environ 4,28 m2 comme le
montre le plan d'arpentage intituld «Plan
d'arpentage indiquant une partie de la rue
Elgin, City of Saint John, comte de Saint
John, Nouveau - Brunswick », prdpare par
DeSaulniers Surveys Inc. et date du 24
fevrier 2010, ci joint.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
present arrete le * 20I0, avec les
signatures suivantes
Common Clerk/Greffiere communale
First Reading - March 29, 2010 Premiere lecture - le 29 mars 2010
Second Reading - March 29, 2010 Deuxieme lecture - le 29 mars 2010
Third Reading - Troisieme lecture -
127
N
00
NOTES
1. Azimuths are rounded off to the nearest ten seconds (10').
2. Distances re metric and are rounded off tD the nearest
hundredths of a metre (0.01).
3. All peripheral information was derived from various sources
and should be verified.
4. All document and plan references refer to the registry
office for the County of Saint John,
5. Azlmtdlhs are based on the New Brunswick Coordinate gnd
system and were derived from GPS observations.
NOTES
1. Des Azrmuta amt rrrond s aux les dix ascondes lea plus pmches (10').
2. Les distances wont m6lriques at aunt erordie h is centu6me
Is plus proche dun m6tra (0.01).
3. Tout I information p6dphbrique a 6t6 d6n 6e de diverses sources
at dewed 6Le venfr6e,
4. Tow lea docurnenl eat r6f6rence do plan as rapportarl su bureau
d ei rmgrstrement pm r Is corm de Saint Jean.
5 Des Azimuts sont basha err Is system a de coorclonn6sadu
Noweau-Brunsvii grille at ant did d&nvds des observations do GPS
PURPOSE OF PLAN
- TO ACCOMPANY A PROPOSED STREET CLOSING
FOR A PORTION OF ELGIN STREET
BUT DU PLAN
- POUR ACCOMPAGNERLAFERMETUREPROPOStE
DUNE PARTIE DE LA RUE ELGIN
,A � s
f Na.181627
50
N
m m
Z
G�
m 2
v
49
SHEET 59
RI= F�REZ—VOUS A LA FEUILLE DE VILLE 59
LP oy► PID 380477
Al o ,2,te,so 52 BRIAN BLANCHARD
5 41 TRACEY BLANCHARD
39 � LAND TITLES
m
G)
�rn
jm
,o
0.91 s
h•aa all
53 01
54 0
�c
6223
EFFECTIVE DATE 2008 -04 -09
CIVIC 183
STET
�
O
NEW BRUNSWICK GRID VALUES (NAD 83)
N
N.B. GRILLE COORDONNtES (NAD 83)
MM' m
STATION EASTING NORTHING
r n
39 2532722.277 7364006 -017
r – Z m
m IA m
41 2532723.169 7364006.218
49 2532723.326 7364007.996
m r
50 2532721.667 7364007.622
M G =
Z
0 M
51 2532722.042 7364005.964
m
52 2532723.700 7364006.338
r N " �
53 2532722.612 7364004.534
m p m
two
54 2532723.500 7364004.735
6223 2532724.975 7364000.688
50
N
m m
Z
G�
m 2
v
49
SHEET 59
RI= F�REZ—VOUS A LA FEUILLE DE VILLE 59
LP oy► PID 380477
Al o ,2,te,so 52 BRIAN BLANCHARD
5 41 TRACEY BLANCHARD
39 � LAND TITLES
m
G)
�rn
jm
,o
0.91 s
h•aa all
53 01
54 0
�c
6223
EFFECTIVE DATE 2008 -04 -09
CIVIC 183
STET
�
O
KEY PLAN SNB BROWSER
PLAN OF SURVEY
Z
SHOWING
❑
PORTION OF ELGIN STREET
FX
TO BE CLOSED BYTHE CITY OF SAINT JOHN
0
SITUATE
ELGIN STREET,CITY & COUNTY OF SAINT JOHN,
Y
U
PROVINCE OF NEW BRUNSWICK.
PLAN D'ARPENTAGE
CD
INDIOUER
Z
LINE PARTIE DE LA RUE ELGIN SOYEZ
7)
IX
FERME PAR LA VILLE DE SAINT JEAN
m
srrutE
RUE ELGIN, MLLE ET COMTt DE SAINT JEAN,
WPROVINCE
DU NOUVEAU- BRUNSWICK
Z
DESAULNIERS SURVEYS INC
CERTIFICATION IS NOT MADEAS TO LEGAL TITLE, BEING THE DOMAIN
OF A LAWYER, NOR TO THE ZONING BYLAWS OR REGULATIONS BEING
FACE OF BUILDING IS STREET LINE THE DOMAIN OFA DEVELOPMENT OFFICER.
FACE DE BATI MENTS EST LA LI GN E DE LA RUE I DO HEREBY CERTIFY TO THE CORRECTNESS OF THIS PLAN AND THAT
I HAVE SATISFIED ALL THE RE0iJIRi OFT SURVEYS AC
SURVEYED BY
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1
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
Be it enacted by the Common
Council of The City of Saint John as
follows:
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
209 immediately after Section 208 thereof,
as follows:
The City of Saint John does hereby
stop up and close permanently the
following portion of highway:
WATER STREET: All that portion of
Water Street, a public street in the City of
Saint John, County of Saint John and
Province of New Brunswick comprising 36
Square metres as shown on a Plan of
Survey titled: "Plan of Survey Showing a
portion of Water Street, City of Saint John,
Saint John County, New Brunswick- ",
prepared by Hughes Surveys & Consultants
Inc. and dated February 23, 2010, attached
hereto.
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. 2010
and signed by:
Mayor/Maire
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
Lors d'une rdunion du conseil
communal, The City of Saint John a
d6crete ce qui suit :
I Par les presentes, I'arret6 de The
City of Saint John intitule, « L'arr&6 sur
('interruption de la circulation et la
fermeture des routes dans The City of Saint
John », d6cr6t6 le 19 decembre 2005, est
modifi6 par I'ajout de ]'article 209
immediatement apres I'article 208, comme
suit :
Par les presentes, The City of Saint
John barre et ferme de fagon permanente la
portion dune route suivante :
RUE WATER: Tout le trongon de la rue
Water, une rue publique dans The City of
Saint John, comt6 de Saint John, dans la
province du Nouveau - Brunswick, dune
superficie d'environ 36m2 comme le
montre le plan d'arpentage intitule <<Plan
d'arpentage indiquant une partie de la rue
Water, City of Saint John, comt6 de Saint
John, Nouveau-Brunswick)), prepare par
Hughes Surveys & Consultants Inc. Et date
du 23 fdvrier 2010, ci joint.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le * 2010, avec les
signatures suivantes
Common Clerk/Greffiere communale
First Reading - March 29, 2010 Premiere lecture - le 29 mars 2010
Second Reading - March 29, 2010 Deuxieme lecture - le 29 mars 2010
Third Reading - Troisieme lecture -
129
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BY -LAW NUMBER C.P. 110 -139
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 having an area of
approximately 4050 square metres, located
at 1666 Hickey Road, also identified as
being PID Nos. 55198402, from "RS -2"
One and Two Family Suburban Residential
and "RM -2" High Rise Multiple
Residential to "R -2" One and Two Family
Residential pursuant to a resolution
adopted by Common Council under
Section 39 of the Community Planning
Act.
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2010
and signed by:
Mayor/Maire
ARRETE No C.P. 110 -139
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
d6cr06 ce qui suit :
Uarret6 sur le zonage de The City
of Saint John, d6cr6t6 le dix -neuf (19)
ddcembre 2005, est modifi6 par:
1 La modification de I'annexe «A »,
Plan de nonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 4 050 metres carr6s, situ6e au
1666, chemin Hickey, et portant le NID
55198402, de zone r6sidentielle de banlieue
— habitations unifamiliales et bifamiliales
((RS-2)) et zone detours d'habitations a
logements multiples «RM -2» a zone
r6sidentielle — habitations unifamiliales et
bifamiliales c<R -2» conform6ment a une
resolution adopt6e par le conseil
municipal en vertu de Particle 39 de la
Loi sur l'urbanisme.
- toutes les modifications sont indiqudes sur
le plan ci joint et font pantie du pr6sent
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arretd le 2010,
avec les signatures suivantes
Common C1erk/Greffier communal
First Reading - March 29, 2010 Premi6re lecture
Second Reading - March 29, 2010 Deuxi6me lecture
Third Reading - Troisi6me lecture
131
- le 29 mars 2010
- le 29 mars 2010
PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT
REZONING 1 REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John
1
Kappa Av.' - --� - -- -
1
-� ch. Hickey Rd.
� I 1
l
1 '1
FROM 1 DE TO 1 A
RM -2
High Rise Multiple Residential
1 Zone de tour d'habitations a -
logements multipless R -2
One and Two Family Residential
RS -2 1 Zone residentielle- habitations
One and Two Family Suburban unifamiliales et bifamiliales
Residential It Zone residentielle ! ��
de banlieue- habitations
unifamiliales et bifamiliales
A Pursuant to a Resolution under Section 39 of the Community Planning Act
W Conformement a une resolution adoptee par le conseil municipal en vertu de
I'article 39 de la Loi sur Furbanisme
Applicant: Tom Smith
Location: 1666 chemin Hickey Road
PID(s)INIP(s) 55198402
07P10NE
Drawn By /Creee Par: David Couture
Date Drawn /Carte Creee: April 8 avril, 2010
Considered by P.A.C. /considers par Ie C.C.U.: March 23 mars, 2010
Enacted by Council /Approuve par le Conseil:
Filed in Registry Office /Enregistre le:
By -Law # /Arrete #:
132
1013(6)
Section 39 Conditions — 1666 Hickey Road
That, pursuant to Section 39 of the Community Planning Act, the development and use of a
parcel of land with an area of approximately 4,050 square meters located at 1666 Hickey Road,
also identified as PID Number 55198402, be subject to the following conditions:
a. That no access be provided to Heather Way and that access to the site be from Hickey
Road via a common driveway with a 6.0 meter paved width, as proposed by the
Developer in Option B;
b. Development of the site be in accordance with a detailed site plan, prepared by the
developer and subject to the approval of the Development Officer, drawn on a site
survey, and illustrating the location of all buildings, structures, parking areas, driveways,
landscaping and other site features, including retention of a 2 -metre wide landscaped
area of existing trees and shrubs adjacent to the southern property line;
c. All access driveways are to be paved with asphalt and graded to facilitate proper site
drainage;
d. That a right -of -way and maintenance agreement respecting access to the proposed lots
and maintenance of the access be provided subject to the approval of the Development
Officer;
e. Existing mature trees on the site are to be retained where possible;
f. That all main buildings be serviced by municipal water and sewer and underground public
utilities with a site servicing and grading plan prepared for the approval of the Chief City
Engineer or his designate;
g. Any infrastructure extensions required to service the site be completed at the Developer's
expense;
h. All areas not occupied by buildings, parking areas and driveways be landscaped and all
site improvements be completed within one (1 ) year from the issuance of a building permit
for the development;
L That a fence be constructed north of the 2 -metre wide landscaped area between the rear
property line and proposed duplex; and
j. That the purchase and sale agreement for the southern most duplex, include a clause for
the maintenance of the 2 -metre wide landscaped area.
133
March 30, 2010
Your Worship Mayor Ivan Court
and Fellow members of Common Council
Re; Vendors at Fallsview Park and other Civic public places
As Council is aware, each summer this Council, along the many tourist
committees, business's and volunteers throughout this city, invest a lot of
time and money to attract and host visitors and tourist to our City. With all
the effort that these many people and groups put forward, it only makes
good business sense to put our best foot forward at every opportunity we
can.
To this end I make the following motion:
"That the City Manager and the City Solicitor prepare a by -law that
will efficiently and effectively control the placement and quality of
vendors in all parks and Civic public places throughout our City and
for this by -law to be presented back to Council for approval by the first
of June 2010."
Respectfully,
(received via e -mail)
Bill Farren
Councillor
The City of Saint John
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
--------1
134
u
April 12, 2010
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: Simms Corner Transportation Challenges and Solutions
Context: This critical transportation route will require significant investment to allow vehicle and
pedestrian safe passage.
• Staff have been putting significant effort into this file.
Referral Motion: That the City Manager present to Council an update report on the Simms Corner file
within the next six weeks.
Respectfully submitted,
t
Peter McGuire
Councillor — City of Saint John
/yr
SAINT JOHN
P.O. Box 1 971 Saint John, NB Canada E2L 4L1 I wwwsaintJohn.ca I C,l? 1971 Saint John, N. -B. Canada E2L4L1
135
08 April 2010
To His Worship and members of Common Council:
Subject: Report on the Suitability of Placing Stop Signs on Duke St. West
Duke St. West is a major thoroughfare for Carleton and the streets that adjoin it can be
challenging, especially in the winter. Two concerns are most evident: the need for traffic
calming along the stretch from Lancaster Avenue to Ludlow St.; the difficulty very steep
ascents to Duke St. from City Line and Lancaster St. pose for motorists during the winter.
Motion: That the City manager report on the suitability of placing stop signs on
Duke St. West at the intersections of Lancaster St. and City Line for the dual
purpose of traffic - calming and less treacherous circumstances for drivers emerging
from either street during the winter months.
Respectfully submitted,
(received via a -mail)
Councillor Killen
�r
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I wnwwsaingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L4L1
136
L,
v
April 12, 2010
Your Worship Mayor Ivan Court &
Members of Common Council:
Motion: I request that Common Council have a follow -up meeting with Saint John Energy. In
light of recent developments regarding NB Power, I see this as prudent and timely.
Respectfully submitted,
Patty Higgins
Councillor — City of Saint John
lr _
SAINT JOHN P.O, Box 1971 Saint John, NB Canada E2L 4L1 I www,saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada 'E2L 41_1
137
April 12, 2010
Your Worship Mayor Ivan Court &
Members of Common Council:
After the first budget deliberations of this Council's term, it was decided that we would begin
the budget process in October for the subsequent budget. This was impractical — or even impossible —
during the transition to a new City Manager.
If we are to keep our original commitment to budget processes beginning in October, that
leaves us with about six months until we begin budget work.
Motion: That Common Council ask our Revenue Generation Committee to present to Council within
one month's time, outlining the ideas they have in this regard.
Respectfully submitted,
Patty Higgins
Councillor — City of Saint John
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn..ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
138
y
April 12, 2010
Your Worship Mayor Ivan Court &
Members of Common Council:
Motion: I request that Common Council schedule a time for update on the Harbour Bridge
situation.
Respectfully submitted,
Patty Higgins
Councillor — City of Saint John
J! n24-
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaingohn.ca I C.P. 1971 Saint Jahn, N. -B. Canada E2L4L1
139
l 'f
City Solicitors Office
Bureau de Pavocat municipal
April 9, 2010
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Harbour Cleanup Project
Pursuant to a resolution of Common Council adopted December 21, 2009
and amended January 18, 2010, the Mayor and Common Clerk on
January 19, 2010 signed a Memorandum of Understanding (MOU) dated
February 8, 2010 with, among others, J.D. Irving, Limited (JDI), to acquire
from JDI two easements, both south of Thorne Avenue. The first through
lands designated by PID 55190821 and the second through lands
designated by PID 55164149. All acquisitions being in connection with the
ongoing Harbour Cleanup Project.
The MOU provided for a closing date of March 31, 2010. However, as the
Vendors did not provide the required documentation on that date, the
closing did not take place.
The land areas cited in the MOU were based upon calculations with the
proviso that the final areas would be by survey and the surveyed area
would be determinative.
As these lands are, I am advised, still required for the Harbour Cleanup
Project, the following resolution would be appropriate:
SAINT JOHN
... 12
P.O. Box 1971 Saint John, NB Canada E2L 40 I wwwsaintiohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41
140
Common Council
April 9, 2010
Harbour Cleanup Project
RESOLVED that the City of Saint John acquire from J.D.
Irving, Limited two (2) easements through lands south of
Thorne Avenue, one easement comprising 662 square
metres and the second 3060 square metres, upon the same
terms and conditions as set out in the Memorandum of
Understanding dated February 8, 2010, save and except the
closing date set out in paragraph 10.
Respectfully Submitted,
Joh . Nug nt V"t
City Solicitor
141
REPORT TO COMMON COUNCIL
M &C 2010 -110
April 8, 2010
His Worship Mayor Ivan Court
& Members of Common Council
Your Worship and Members of Council:
RE: Proposal for Site Selection and Preliminary Design - Fire Station 6
BACKGROUND:
The City of Saint John
Proposals closed on Thursday, December 10, 2009 for consulting services to undertake site
selection and preliminary design for the future relocation of Fire Station 6 currently
situated at 286 King Street West.
This Fire Station provides fire protection and first - responder services to an area covering
approximately 8.9 square kilometres. The Fire Station's immediate Fire Response Zone
includes over 3,000 residential buildings and the following major businesses, industries
and other physical features:
• Pulp Mill, Tissue Mill, Brush Factory and Brewery
• Port of Saint John — (forest products and bulk goods terminals)
• Digby Ferry Terminal
• Various schools, senior complexes, and large commercial, retail and industrial buildings
• Saint John Throughway
• Extensive coast line (water rescue)
In addition to providing fire protection service to the above mentioned zone, Fire Station 6
routinely supports fire responses in Fire Zone I (Uptown), Fire Zone 5 (North End) and
142
Report to Council — Proposal for Site Selection and Preliminary Design — Fire Station 6 Page 2
Fire Zone 7 (West Side). Based on fire response statistics from 2009, Fire Station 6
responded to over 1,100 calls which represents about 13% of all departmental calls.
Built over 90 year's ago, Fire Station 6 is an aging facility that no longer adequately
supports the needs and requirements of the City of Saint John. For example, ten years ago
building modifications had to be undertaken just to accommodate a standard sized fire
truck (engine /pumper). More recently, extensive repairs had to be undertaken to the
exterior of the building as well as the hose tower.
In its 1994 fire station relocation study, Ernst and Young addressed the need for two fire
stations on the west side. The report stated the west side of the city should have two
strategically located fire stations given its geographical size, risk profile and possible
isolation and/or response delays due to bridge crossings. The recent wranglings over the
refurbishment of the Harbour Bridge highlight the concerns expressed by Ernst and Young.
It is acknowledged that Common Council will continue to evaluate the overall resources
provided to the Fire Service; however, it has not been contemplated that Fire Station 6
would be eliminated.
The purpose of this report is to obtain Common Council's approval to proceed with the site
selection and preliminary design of a new Fire Station 6. Granting approval to proceed
with this phase of the project does not obligate or bind Council to approve subsequent
phases.
ANALYSIS:
Four companies chose to participate in this proposal call by submitting bids. These
companies included:
• Richard & Co. Architecture Inc. Saint John, N.B.
• DFS Architecture & Design Saint John, N.B.
• ADI Limited Saint John, N.B.
• Sperry & Partners Architecture Dartmouth, N.S.
In keeping with the City's policy and procedures related to proposal calls for the
Engagement of Professional Services, immediately following the public opening the bids
received were referred to an evaluation committee consisting of staff representatives from
the Fire Department and Materials & Fleet Management.
The evaluation committee reviewed each bid on its technical aspects as they related to the
standard criteria, including experience of the vendor with related projects and the
methodology to be employed. This review resulted in a shortlist of three proposals to
continue to the financial review: DFS Architecture & Design, ADI Limited, and Sperry &
Partners Architecture.
143
Report to Council — Proposal for Site Selection and Preliminary Design — Fire Station 6 Page 3
Once this step was completed, the financial considerations were evaluated and added to the
technical review. At the end of this process, the evaluation committee unanimously
selected the proposal submitted by ADI Limited as the one that best addressed the needs of
the City of Saint John. ADI's submission was also the lowest priced.
FINANCIAL IMPLICATIONS:
Sufficient funds were carried over from the 2009 capital budget for this project.
RECOMMENDATION:
It is recommended that Proposal Call 2009- 091003P — Site Selection and Preliminary
Design for New Fire Station No. 6 — West Saint John be awarded to ADI Limited at their
bid price of $78,600.00 (HST included).
Respectfully submitted,
Robert Simonds,
Fire Chief, MA, C.F.O.
J. Patrick Woods, CGA
City Manager
144
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2010 -117
April 8, 2010
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Saint John Building By -law Amendment
City of Saint John
Background
Currently, pursuant to the Saint John Building By -law, both the Building
Inspector and the Deputy Building Inspector are authorized to issue any permit
under the by -law. For operational reasons, it is necessary for the Deputy
Commissioner of the Buildings and Inspection Services Department to be
authorized to issue permits as well. This authorization is achieved by an
amendment to the Saint John Building By -law.
The definition of "Building Inspector" also requires a minor modification for
clarity purposes to ensure the administration and enforcement of the Saint John
Building By -law continues seamlessly with either the appointed Building
Inspector or the Acting Building Inspector.
The By -law to amend the Saint John Building By -law is attached for your review.
The proposed changes are essentially of a housekeeping nature and will improve
operational efficiency.
Pursuant to section 66(1) of the Community Planning Act, the Planning Advisory
Committee has considered the amendment at its meeting of April 7, 2010 and has
provided Council with its written view.
145
M &C2010 -117 -2- April 8,2010
RECOMMENDATION
Your City Manager recommends that first and second readings be given to the
attached "A By -law to Amend a By -law Respecting the Construction, Repair and
Demolition of Buildings and Structures in the City of Saint John ".
Respectfully submitted,
Amy Poffenroth, P. Eng., MBA
Deputy Commissioner
Buildings and Inspection Services
Patrick Woods, CGA
City Manager
146
A BY -LAW TO AMEND A BY -LAW
RESPECTING THE CONSTRUCTION, REPAIR
AND DEMOLITION OF BUILDINGS AND
STRUCTURES IN THE CITY OF SAINT JOHN
ARRETE MODIFIANT L'ARRETE RELATIF A
LA CONSTRUCTION, A LA REPARATION ET A
LA DEMOLITION DE BATIMENTS ET DE
STRUCTURES DANS THE CITY OF SAINT JOHN
Be it enacted by the Common Council of The Lors d'une reunion du conseil municipal, The
City of Saint John as follows: City of Saint John a decrete cc qui suit :
A By -law of The City of Saint John entitled "A
By -law Respecting the Construction, Repair and
Demolition of Buildings and Structures in The City of
Saint John ", enacted on the 51h day of August, A.D.
2003, is hereby amended as follows:
1 Section 3(2) relating to the definition of "Building
Inspector" is repealed and the following is substituted as
follows:
"Building Inspector" means the person appointed by
Common Council as Building Inspector or the Acting
Building Inspector.
Par les presentes, Farrete de The City of Saint
John intitule « Arrete relatif a la construction, a la
reparation et a la demolition de batiments et de
structures dans The City of Saint John », decrete le 5
aout 2003, est modifie comme suit:
1 Le paragraphe 3(2) relativement a la definition
inspecteur des batiments » est abroge et remplace par :
inspecteur des batiments » designe la personne
nommee par le conseil municipal comme inspecteur des
batiments ou Finspecteur des batiments par interim.
2 Section 8(3) is repealed and the following is 2 Le paragraphe 8(3) est abroge et remplace par:
substituted as follows:
8(3) The Building Inspector, the Deputy Commissioner
of Buildings and Inspection Services Department and the
Deputy Building Inspector are each authorized to issue
any permit required under 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 March A.D.,
2010 signed by:
8(3) L'inspecteur des batiments, le commissaire adjoint
du Departement des services d'inspection et des
batiments et Finspecteur des batiments adjoint sont
autorises a delivrer des permis en vertu du present arrete.
EN FOI DE QUOI, The City of Saint John a fait apposer
son sceau municipal sur le present arrete le mars
2010, avec les signatures suivantes :
Mayor /Maire
Common Clerk/greffiere communale
First Reading - Premiere lecture -
Second Reading - Deuxieme lecture -
Third Reading - Troisieme lecture -
147
April 8, 2010
Your Worship and Councillors:
SUBJECT: Proposed Building By -law Amendment
On March 29, 2010 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its April 7, 2010 meeting.
Amy Poffenroth, Deputy Commissioner of Buildings and Inspection Services,
attended the meeting on behalf of the City of Saint John, and expressed support
for the amendment. No other persons addressed the Committee and no letters
were received.
After considering the matter, the Committee adopted the recommendation in the
attached report.
RECOMMENDATION:
That Common Council adopt the attached by -law entitled A By -law to Amend a
By -law Respecting the Construction, Repair and Demolition of Buildings and
Structures in The City of Saint John.
Respectfully submitted,
Carl Killen
Chairman
KF /r
148
to.
s
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Proposal:
Type of Application:
APRIL 1, 2010
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING ® PLANNING AND DEVELOPMENT
MEETING OF APRIL 7, 2010
Ken Forrest, MCIP, RPP
Commissioner
City of Saint John
To amend the City of Saint John Building By -law
Building By -law Amendment
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council with respect to the adoption of or amendment to a Building By -law.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council adopt the attached by -law entitled A By -law to Amend a By -law Respecting the
Construction, Repair and Demolition of Buildings and Structures in The City of Saint John.
BACKGROUND:
On March 29, 2010, Common Council referred the proposed Building By -law amendment to the
Planning Advisory Committee for a recommendation.
ON
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 19 I www saintJohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1
City of Saint John Page 2
Proposed Building By -law Amendment April 1, 2010
INPUT FROM OTHER SOURCES:
Buildings and Inspection Services supports the adoption of the proposed amendment.
ANALYSIS:
Currently, the City's building by -law authorizes both the Building Inspector and the Deputy Building
Inspector to issue permits. The Buildings and Inspection Services Department has advised Common
Council that, for operational reasons, it is necessary for the Deputy Commissioner of the Buildings and
Inspection Services Department to be authorized to issue permits as well. In addition, the department
indicates that the by -law's definition of "Building Inspector" requires a minor modification for clarity
purposes to ensure the administration and enforcement of the Building By -law continues seamlessly
with either an appointed Building Inspector or the Acting Building Inspector.
The attached amendment to the Building By -law has been prepared by the Buildings and Inspection
Services Department to provide for these changes. As noted above, the Community Planning Act
requires that Common Council must seek the views of the Planning Advisory Committee with respect to
the proposed amendment prior to considering final adoption.
The proposed changes are of a housekeeping nature and are supported. A representative of the Buildings
and Inspection Services Department will be present at the Committee's meeting to answer any questions
the Committee may have.
KF /r
150
City of Saint John
Proposed Building By -law Amendment
A BY -LAW TO AMEND A BY -LAW
RESPECTING THE CONSTRUCTION, REPAIR
AND DEMOLITION OF BUILDINGS AND
STRUCTURES IN THE CITY OF SAINT JOHN
Page 3
April 1, 2010
ARRL'TE MODIFIANT L'ARRPTE RELATIF A
LA CONSTRUCTION, A LA RIEPARATION ET A
LA DEMOLITION DE BATIMENTS ET DE
STRUCTURES DANS THE CITY OF SAINT JOHN
Be it enacted by the Common Council of The Lors d'une reunion du conseil municipal, The
City of Saint John as follows: City of Saint John a decrete ce qui suit:
A By -law of The City of Saint John entitled "A
By -law Respecting the Construction, Repair and
Demolition of Buildings and Structures in The City of
Saint John ", enacted on the 5h day of August, A.D.
2003, is hereby amended as follows:
1 Section 3(2) relating to the definition of `Building
Inspector" is repealed and the following is substituted as
follows:
"Building Inspector" means the person appointed by
Common Council as Building Inspector or the Acting
Building Inspector.
Par les presentes, Farrete de The City of Saint
John intitule « Arrete relatif A la construction, a la
reparation et i la demolition de biltiments et de
structures dans The City of Saint John », decrete le 5
aoiit 2003, est modifie comme suit:
I Le paragraphe 3(2) relativement i la definition
inspecteur des bitiments » est abroge et remplace par:
a inspecteur des bfitiments » design la personne
nommee par le conseil municipal comme inspecteur des
bfttiments ou Pinspecteur des batiments par interim.
2 Section 8(3) is repealed and the following is 2 Le paragraphe 8(3) est abroge et remplace par:
substituted as follows:
8(3) The Building Inspector, the Deputy Commissioner
of Buildings and Inspection Services Department and the
Deputy Building Inspector are each authorized to issue
any permit required under 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 March A.D.,
2010 signed by:
Mayor /Maire
8(3) L'inspecteur des bitiments, le commissaire adjoint
du Departement des services d'inspection et des
bitiments et 1'inspecteur des bitiments adjoint sont
autorises ii delivrer des permis en vertu du present arrete.
EN FOI DE QUOI, The City of Saint John a fait apposer
son sceau municipal sur le present arrete le mars
2010, avec les signatures suivantes :
Common Clerk/greffi8re communale
First Reading - Premiere lecture -
Second Reading - DeuxiBme lecture -
Third Reading - Troisieme lecture -
151
REPORT TO COMMON COUNCIL
M &C2010- 114
April 7th, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
The City of Saint fohn
SUBJECT: Update on Bridge Road - Simms Corner - Fairville Boulevard Corridor
BACKGROUND
Re- construction of the Bridge Road - Simms Corner - Fairville Boulevard Corridor has
been an objective of the City of Saint John since it was recommended in the
Transportation Study of 1999, adopted by the Council of the day. Last year saw
reconstruction of Fairville Boulevard from the Catherwood Street intersection to the main
Lancaster Mall entrance, including the connection to Harding Street. This report seeks to
update Council on the status of the project and advise on future steps.
ANALYSIS
At Council's direction, a meeting was arranged last November 26th with the Minister of
Transportation, Denis Landry, to discuss the project and request Provincial support for
Phase II of re- construction. The Corridor is, in fact, part of Highway 100; a Provincially
Designated Highway owned by the Province of New Brunswick. After being briefed on
the importance of the upgrade, an overview of the design and previous work undertaken
along Fairville Boulevard, the Minister expressed interest in the project and was open to
discussion. He encouraged the City of Saint John to proceed on the land acquisition
process, fmalize design, and to keep him and his staff updated on progress. He suggested
another meeting in the coming months.
The design concept endorsed by Council on July 3rd, 2007 and presented to the Minister
extends from the western end of Reversing Falls Bridge, along the northwestern side of
the former Centracare property, through Simms Corner, and over the railway crossing to
connect with Fairville Boulevard. It reflects the standards required for a major arterial
roadway through the city, with full consideration of active transportation, pedestrian,
aesthetic and industrial needs.
Representatives of J.D. Irving Limited have identified requirements for the volume and
type of heavy tractor trailer traffic utilizing this transportation route and accessing
industrial sites. The company is planning a new, relocated entrance to its facilities off
152
M &C2010 -114
April 7, 2010
Page 2
Bridge Road and has engaged traffic engineering expertise to review and develop
transportation links based on future business plans and the proposed re- construction of
the Bridge Road - Simms Corner - Fairville Boulevard Corridor.
The Terrain Group, the engineering firm engaged by the City for the project, has been
directed to integrate the proposed new industrial entrance into the design. This has to be
done in a manner that provides required sidewalks and landscaping features on both sides
of the street, bicycle lanes, safe access to tourism venues and Harbour Passage, efficient
traffic movement and a streetscape suitable for this main access to Saint John West.
Future Steps
Two requirements are critically important to advancing this project:
1. Securing all the land needed for the roadway; and
2. An acceptable funding formula among stakeholders.
The price tag to complete Phase II will be considerable. A detailed cost estimate will be
developed, but as Minister Landry noted, the first order of business is to secure the
necessary lands. In order to proceed on this requirement, vertical and horizontal
alignment details of the roadway design are being finalized by Terrain, and lands both
needed and surplus for the public street will be identified.
At this point, future steps can be summarized as below:
1. Complete design and confirm the viability of its key elements;
2. Determine exactly (survey) what privately owned lands are needed to
facilitate the full design and its construction; both north and south of the rail
crossing at Simms Corner;
3. Proceed with negotiations to secure necessary lands;
4. Determine the impact on the existing Irving Oil bunker `C' pipeline in the
area, initiate dialogue with the company and prepare for regulatory processes
that may be necessary;
5. Begin discussions with NB Power on its high voltage lines through Simms
Corner;
6. Finalize railway crossing designs and submit those for approval to the
appropriate regulatory agencies - NBDOT and Transport Canada (a process
that could take some time);
7. Prepare detailed estimates for all components of construction to join the
Reversing Falls Bridge with the recently completed section of Fairville
Boulevard, as per the design;
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M &C2010 -114
April 7, 2010
Page 3
8. Develop an appropriate funding proposal that is reflective of stakeholder
interests, municipal funding constraints and the City's 100% funding of the
first part of the project (Phase I);
9. With all required lands fully secured, seek Council's approval of the funding
proposal and implementation plan;
10. Follow -up with the Minister of Transportation (and other stakeholders, as
required) to secure required funding; and
11. With an acceptable funding formula in place, initiate the implementation plan.
CONCLUSION
The essential task at this point is the negotiation process to secure needed lands for the
project. Terrain is finalizing roadway design details to allow this to proceed.
Once land issues have been resolved attention can be focused on finalizing other
important project details and initiating regulatory approval processes. A realistic and up-
to -date cost estimate will be prepared when these other factors are considered.
Securing an appropriate funding formula is crucial, as the cost of upgrading this
Provincial Highway and municipal street is certainly too much for the Municipality to
proceed with this on its own.
INPUST FROM OTHER SOURCES
This report has been discussed with Planning and Development staff.
Regular dialogue with the Minister and the staff of the New Brunswick Department of
Transportation should continue.
RECOMMENDATION
It is recommended that Common Council receive and file this report.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
154
J. Patrick Woods, C.G.A.
City Manager
REPORT TO COMMON COUNCIL
M &C2010- 122
April 8, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Contract 2010 -3: Red Head Road — Sanitary Lift Stations #1 & #50
INTRODUCTION
r-.141t.
The City of Saint John
Saint John Harbour Clean -Up is about good health, clean waterways and quality of life. City of
Saint John wastewater treatment and collection systems are being enhanced to protect people and
the natural environment, and to help sustain institutions and the economy. Substantial progress
has been made in the wastewater service.
The purpose of this report is to recommend award of the contract for the construction of two
new sanitary lift stations on Red Head Road.
BACKGROUND
The Harbour Clean -Up Program is comprised of two major project components, the Eastern
Wastewater Treatment Facility and a Wastewater Collection System. Construction is well
underway on the Eastern Wastewater Treatment Facility. The design work for the Wastewater
Collection System is continuing with the following projects under construction, Bayside Drive
Sanitary Forcemain and Monte Cristo Lift Station #34. Tenders closed on March 16, 2010 for
Newmans Brook Sewer Separation project and the Contractor will be starting the project in the
next few weeks.
TENDER RESULTS
Tenders closed on April 7, 2010, for Red Head Road — Sanitary Lift Stations #1 and #50 with
the following results:
1. Fairville Construction Limited, Saint John, NB
$628,805.45
2. Galbraith Construction Ltd., Saint John, NB
$754,551.85
3. GJ Cahill & Company (1979) Limited, Saint John, NB
$701,161.38
4. Birch Hill Construction Ltd., Moncton, NB
$927,229.51
The Engineer's estimate for the work was $677,898.30.
155
M & C 2010 -122
April 8, 2010
Page 2
ANALYSIS
The tenders were reviewed by staff and were found to be formal in all respects with the
exception of the tender submitted by GJ Cahill & Company (1979) Limited which contained an
error in mathematics. The math error was corrected in accordance with Division 2 — Instructions
to Tenderers and Tendering Procedures, Section 2.18(a). Staff is of the opinion that the low
tenderer has the necessary resources and expertise to perform the work, and recommend
acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against the 2009 Water & Sewerage Utility Fund
Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been
completed which includes work that will be performed by City forces and others.
The analysis concludes that a total amount of $1,132,547.60 was provided in the budget to
complete the construction of the two lift stations. The projected completion cost of this Contract
is estimated to be $697,712.23 including the City's eligible H.S.T. rebate.
To date, the cumulative amount committed through award of Harbour Clean -Up Program
projects is $59,298,646.18 including the City's eligible H.S.T. rebate. The overall total estimated
cost of the Harbour Clean -Up Program as reported to Council on September 28, 2009 (M &C
2009 -318) is $99,400,000 including the City's eligible H.S.T. rebate.
POLICY — TENDERING OF CONSTRUCTION CONTRACTS
The recommendation in this report is made in accordance with the provisions of Council's policy
for the tendering of construction contracts, the City's General Specifications and the specific
project specifications.
RECOMMENDATION
It is recommended that Contract No. 2010 -3: Red Head Road — Sanitary Lift Stations #1 and #50
be awarded to the low tenderer, Fairville Construction Limited, at the tendered price of
$628,805.45 as calculated based upon estimated quantities, and further that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
156
J. Patrick Woods, CGA
City Manager
REPORT TO COMMON COUNCIL
M & C — 2010 -126
April 8, 2010
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Common Council:
SUBJECT: Customer Service Update
PURPOSE
.
The C4 of Saint jab
In November of 2008, Saint John Common Council directed the City Manager to present a report on the
implementation of a 311 Municipal Phone Service and to look at other methods of improving customer
service.
The purpose of this report is to provide an update on the customer service initiatives underway and to
recommend that Motorola, Inc. be contracted to provide consulting services to plan for the
implementation of a customer service software solution.
BACKGROUND
The City of Saint John has made a commitment to enhance customer service. An improved customer
service model is identified as one of Common Council's priorities and customer service is a strategic
focus area in the Corporate Strategic Plan. One of the commitments to meet this goal is to implement a
customer service model that ensures requests for service are responded to in a timely manner.
Current State
There are numerous listings in the local telephone directory and on the City of Saint John website
providing contact information for City services. The onus is placed on the citizen to determine whom to
call with a request for information or service. Customer service requests are handled by City departments
and it is not uncommon for citizens to be transferred to another service area. There is no standard call
tracking system or established standards for call processing. This has led to inconsistencies in how citizen
requests are captured and resolved. The current state provides for limited analysis on call taking
performance and service delivery.
157
M&C- 2010 -126
Research
Saint John is not alone in its desire to improve customer service. This is an issue common to many orders
of government and there are lessons to be learned through the research and implementations of others.
One of the primary sources of research to understand the complexity associated with customer service is
the Institute for Citizen- Centred Service (ICCS). The mission of the ICCS is to promote high levels of
citizen satisfaction with public- sector service delivery. The ICCS achieves its mission by undertaking
research to identify citizens service needs and expectations and by helping the public sector identify and
apply innovative solutions that support quality service.
ICCS has developed a high -level model to describe customer service. The model illustrates the connection
between the public and government services by showing the relationship of citizen needs, perceptions,
and priorities with access to service and service delivery (Figure 1). At various points in the model there
are key drivers. Paying attention to these drivers through analysis, establishment of standards and
performance management help a municipality improve customer service.
r,
�f
Figure 1- Citizens First Service Model
Citizens First, Erin Research Inc for ICCS
Citizens needs and expectations are based on many factors including past service experiences and general
attitudes towards government. According to ICCS research and analysis, citizen's positive views on
service reputation, management, relevance, satisfaction, impact, and trustworthiness contribute to
increased confidence in government and public institutions.
Access to service may depend on the citizen knowing where and how to get a particular service. In other
words, this is the call taking process that occurs when a citizen contacts the City administration with a
request for information or action. This is often implemented by municipalities as a 311 phone service.
The barriers to service access have been studied in -depth by ICCS and are important considerations in the
City of Saint John customer service solution. As noted by ICCS in the Citizens First S publication
"Access matters. If service managers want to improve service satisfaction it is essential that the types of
158
M &C- 2010 -126
access problems their clients are experiencing are well understood and actions are taken to improve
them. "'
Service delivery in the model refers to the actions or work carried out in response to a call from a citizen
and the service drivers have been well - established. Research shows that timely service is the most
important driver. Other drivers include competence, courtesy, fairness, and the outcome. Mapping the
processes involved in service delivery and examining the relationship to the service drivers is a key factor
in understanding customer satisfaction and may be used to establish service standards.
Service quality perceptions may be categorized into two types of customer experiences. The first type is
rating recent citizen contact with government by the service drivers. Often a citizen survey is used as a
rating tool to ask questions pertaining to the service drivers. The second type of service quality perception
is the rating of service in general which may be based on personal experience with service delivery but it
is more likely to be influenced by factors beyond the scope of municipal control like the media or current
events. It is the first type of service quality perceptions -- recent and direct contact with service delivery —
that has the most significant impact on service satisfaction.2
Citizens priorities for improvement are included in the model and this primarily refers to the way service
is delivered. Citizen priorities are used to highlight service delivery strengths or weaknesses and may
provide valuable insight on where to focus effort to improve customer service.
As previously mentioned, the ICCS model shown in Figure 1 provides a simple and understandable
description of the customer service phases. Each phase can be expanded into many different components
and the relationships amongst these components and key drivers are complex. Using this research
provides value to the City of Saint John customer service project by utilizing the information to plan for a
customer service solution. The ICCS research makes a clear distinction between service access and
service delivery and this is an important consideration as we move forward.
Site visits to Halifax, St. John's, Edmonton, and Calgary are complete. These visits were designed to gain
knowledge on the customer service centre implementations carried out by these municipalities. A number
of aspects of the implementations and operation of the customer service centres were reviewed including;
• Background information,
• Implementation strategies and costs,
• Customer service centre operation,
• Technology tools in use, and
• Lessons learned including key success factors.
One of the benefits of the site visits was to see how each municipal solution was tailored for the
requirements of the municipalities. For example, call volumes were used to determine staffing
requirements and the hours of operation. Common themes were also noted including the importance of
mapping service delivery process and the establishment of service standards. Another common strategy
was to adopt a phased implementation approach that recognized the complexity associated with the
diversity and number of services provided by a municipality.
1 Citizens First Five, The Institute for Citizen - Centred Service, 2008 pg. 61
2 Ibid pg. 65
159
M &C- 2010 -126
Customer Service Objectives
There are a number of objectives to be met by a new customer service model for the City of Saint John.
They include;
A central information repository for call taking and service delivery to track and manage citizen
requests,
Documented service delivery processes and work flow associated with citizens requests, and
Performance measures and standards for call taking and service delivery.
The citizens of Saint John will benefit from a new model. A central phone number, standard call taking
processes, and multi - channel access (phone, email, webpage, etc...) make it easier for a citizen to contact
the City. City staff, not the citizen, will have the responsibility to ensure requests are assigned to the
appropriate service. Improved tracking capabilities and established standards support better information
and timely service delivery for citizens.
Customer Service Management Centre
In September 2009, the City of Saint John issued a Request for Proposals 2009- 703002P Customer
Service Management Centre to seek qualified professional firms to provide and implement a customer
service software solution.
The main operational requirements of the customer service software are noted.
• Central information repository for customer service requests
• Implementation model that provides for central and/or decentralized call taking
• Customer relationship management component
• Service delivery workflow management component
• Knowledge database
• Reporting capabilities
• Integration with the City's current technological solutions
ANALYSIS
Ten responses to the proposal call were received. An evaluation team of City of Saint John staff was
formed to review and rate each submission. The team completed a comprehensive evaluation that
examined the quality, clarity, and completeness of the responses; the experience, competency, and
resources of the proponent, the qualifications and experience of the vendors project team and the vendors
proposed implementation approach. The top three vendors were invited to make a presentation in support
of their proposal. The on -site presentations were also carefully assessed using predefined criteria.
As a result of this combined evaluation, the City of Saint John has decided to pursue a further
examination of several aspects of the solution proposed by Motorola, Inc.. This discovery process is
intended to assist the City in determining if the PremierOnen" Customer Service Request system and
Motorola's implementation approach is the most effective and efficient solution for the City. A Statement
of Work as a follow up to Request for Proposals 2009- 703002P Customer Service Management Centre
was issued detailing the scope of work and expected deliverables.
160
M &C- 2010 -126
FINANCIAL EM PLICATIONS
The estimated cost associated with the Statement of Work is $31,200 plus taxes. Provision was made in
the 2010 Capital Budget to complete this work. Should the City decide to award the customer service
contract to Motorola, the City shall receive a financial credit of $16,400 for work included as part of the
Motorola response to RFP# 2009- 703002P.
The total cost to purchase the proposed customer service solution from Motorola Inc. is estimated to be
$334,000 to $389,000. At this point, the City has not made the decision to award the contract for Request
for Proposal 2009- 703002P Customer Service Management Centre. The decision to award the contract
will be made subsequent to the discovery process outlined in the Statement of Work.
RECOMMENDATION
It is recommended that the Statement of Work for RFP# 2009 - 703002 with Motorola Inc. in the amount
of $31,200 (plus taxes) be approved and that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Respectfully submitted,
Kimber y qYgMm
Manager, rrograms & Priorities
7 P trick Woods, CGA
Ct"anager
161
STATEMENT OF WORK
CITY OF SAINT JOHN
CUTOMER SERVICE MANAGEMENT CENTRE
RFI'# 2009- 703002P
162
I r --
SAINT JOHN
PROJECT IDENTIFICATION
This Statement of Work is a follow -up to the Request for Proposal 2009- 703002P Customer
Service Management Centre. Contact information is as follows:
Andrew Beckett Executive Sponsor andren.beckLQ,rainftohrr car P 506 -658 -2905
Kim Graham Project Manager kimgruh a-} rrinp hen ca P 506 -658 -2919
Shane Chapman Pr jest Coordinator sbane.c man Qaintbka.ca P 506 - 632 -6800
CONSULTANT IDENTIFICATION
The City of Saint John completed a comprehensive evaluation of ten responses to RFP
2009- 703002P. An evaluation committee examined the quality, clarity, and completeness of
the responses; the experience, competency, and resources of the proponent, the
qualifications and experience of the proposed project team and the vendors proposed
implementation approach. The top three vendors were invited to make a presentation in
support of their proposal. The on -site presentations were also carefully assessed using
predefined criteria.
As a result of this combined evaluation, the City of Saint John has decided to pursue a
further examination of several aspects of the solution proposed by Motorola Canada Inc..
This discovery process is intended to assist the City in determining if the PremierOne"'
Customer Service Request system and Motorola's implementation approach is the most effective
and efficient solution for the City.
At this point, the City has not made the decision to award the contract for Request for Proposal
2009- 703002P Customer Service Management Centre. The decision to award the contract will be
made subsequent to the discovery process outlined in this Statement of Work.
F1
163
.SAINT JOHN
STATEMENT OF WORK DETAILS
SCOPE OF WORK & DELIVERABLES
GEOGRAPHIC INFORMATION
The City of Saint John is currently using Canis GIS as the municipal geographic information
system and Canis Spatial Fusion Enterprise as its web - mapping engine. The city is planning to
replace Caris and will be issuing a request for proposal in 2010. The implementation date for
the new software solution is not known at this time. Until then, Canis GIS does have the
ability to export data in a variety of format (including ESRI Shape file format).
Currently, parcel data is updated monthly and this information is imported to SunGard Public
Sector Land /Parcel Management, a centralized database of civic address and parcel information.
All SunGard Public Sector land -based software applications access this property
information.
The City requires a discovery session with Motorola to develop a better understanding of the
capabilities, data model, and interface requirements of CSR MapViewer. The session will
explore the options and timeframes for integrating the City's geographic information with
the customer service software. The preferred solution is to have CSR Map Viewer dynamically
access the City's GIS datasets (not standalone systems).
Deliverable: A strategy for the integration of SaintJohn GIS datasets with the pmposed solution.
WORK ORDER INTEGRATION
The City of Saint John uses SunGard Public Sector Work Orders / Facility Management to track
complaints and requests, create work orders, manage facilities, and perform job costing. A
number of service areas rely on this software to manage their work activities.
The City and Motorola will carry out a current state and customer service needs analysis of
the Work Order /Facility Management system. This analysis will be documented and be
included in the integration plan. Motorola will guide the city in this review and provide
business and technical advice on the processes that should examined as part of this analysis.
Motorola will review the current state and needs analysis with the City of Saint John, and
jointly develop a plan for integrating work orders with the PremierOne�' Customer Service
3
164
(P*---
SAINT JOHN
Request system. Motorola will provide expertise on their proposed solution to make the City
aware of any functionality in the proposed solution that can replace or enhance our current
practices.
Motorola will work with the City of Saint John to prepare a plan for the migration of current
and historical work order information.
Deliverables: A plan for the integration of the SunGard Public Sector Work Orders / Facility
Management software u4tb PrrmierOneTm Customer Service Bequest.
A plan for the migration of current and historical information.
BUILDING PERMIT INTEGRATION
The City uses the SunGard Public Sector Building Permit application for planning, zoning,
tracking projects, permits, licenses, inspections, code enforcement and fee collection.
The City and Motorola will carry out a current state and customer service needs analysis of
the Building Permit system. This analysis will be documented and be included in the
integration plan. Motorola will guide the city in this review and provide business and
technical advice on the processes that should examined as part of this analysis.
Motorola will review the current state and needs analysis with the City of Saint John, and
jointly develop a plan for integrating Building Permits with the PremierOnJ" Customer Service
Request system. Motorola will provide expertise on their proposed solution to make the City
aware of any functionality in the proposed solution that can replace or enhance our current
practices.
Motorola will work with the City of Saint John to prepare a plan for the migration of current
and historical permit information.
Deliverable: A plan for the integration of the SunGard Public Sector Building Permit System with
PremierQnen' Customer Service Request.
4
A plan for the migration of current and historical information.
165
SAINT JOHN
CTI INTEGRATION
Motorola's proposal noted the City's existing Centrex phone system does not provide the
necessary connections and data to support CTI integration. The City would like to have a
meeting to discuss CTI integration.
Deliverable. A recommendation on CTI integration.
DECENTRALIZED IMPLEMENTATION MODEL
While the proposed customer service software will provide one contact number and a
central repository for customer service information, the City is considering a decentralized
implementation model for the customer service centre. There are several advantages for the
City to pursue this option and we are interested in discussing this type of model to benefit
from Motorola's expertise in customer service implementations.
Deliverable. Information on customer service centm deployment option..
WORK INCLUDES
A conference call between the City of Saint John and Motorola to discuss, clarify and
amend this Statement of Work.
• A project plan with timelines reflecting the deliverables outlined in this document.
• The project plan will use a combination of conference calls and site visits to ensure the
work is carried out in the most cost - effective way.
PERIOD OF PERFORMANCE
The anticipated start date is February 15, 2010.
P
166
(P41
SAINT JOHN
PAYMENT RATE
Motorola will provide the city with a cost estimate for each deliverable specified in this
document. All travel and incidental expenses must be including in the pricing.
PAYMENT TERMS
ADDITIONAL TERMS AND CONDITIONS
Should the City decide to award the Customer Service Management Centre contract to
Motorola, the City shall receive a financial credit for any work outlined in this document
that was included as part of the Motorola response to RFP# 2009- 703002P. The amount of
any financial credits will be agreed upon prior to the commencement of this project.
City Representative
APPROVALS
167
Motorola Representative
Q-)--
SAINT )OH N
0 MOTOROLA
March 8, 2010
The City of Saint John
15 Market Square
C.P. 1971
Saint John, NB
E2L 4L1
Attention: Ms. Cindy Calvin, Assistant Purchasing Agent
RE: RFP# 2009- 703002P
Dear Ms. Calvin:
Thank you for the opportunity to discuss our proposal to implement Motorola's PremierOne Customer Service
Request (CSR) system for the City of Saint John. We have reviewed the Statement of Work that was provided
by the City to further examine aspects of the PremierOne CSR solution implementation. To provide the most
accurate response, Motorola held the following discussions with key City personnel:
Initial overview conference call with City personnel to discuss Statement of Work
Telephone calls and subsequent conference call with City GIS personnel to discuss current
CARIS GIS system, integration points from GIS to SunGard systems, and integration ability to
Motorola's ESRI based GIS subsystem
Telephone calls and emails with City Information Technology personnel to discuss ability of the
current SunGard applications to integrate with external systems and the current state of Centrex
telephony system
Motorola has documented these discussions in the attached table. This initial research will serve as the
background for a combination of on -site and conference call discussions between the City and Motorola. Based
on this initial research, Motorola estimates that seventeen (17) days of consulting time plus two (2) on -site trips
will be required to assess each of these areas and produce recommendations in each area. Recommendations
would take the form of a Microsoft PowerPoint presentation that would document the following:
• Meeting attendees,
• Discussions held in each topic area,
• Functional issues discovered,
• Technical issues discovered,
• Recommendations for the PremierOne CSR implementation
• Impact of recommendations on initial scope of PremierOne CSR implementation.
Motorola Inc., 1301 E Algonquin Road, Schaumburg IL 60196 USA
168
The City of Saint John
Ms. Cindy Calvin
March S, 2010
page 2
Area
Deliverable
Key Discussions
• CARIS GIS can provide a Multi-
Resolution Seamless Image Database
(MrSID) file for use in PremierOne
• CARIS GIS used
CSR
today - will be
Shapefiles can be exported by CARIS
issuing RFP for new
• Based on export process, frequency of
Strategy for
GIS in 2010
GIS update to be determined
Geographic
integration of Saint
• CARIS can export
Future state GIS update to be
Information
John GIS datasets
data in ESRI Shape
determined based on new GIS
with the proposed
file format
software chosen
solutions
• SunGard
Process to update GIS in ASP
Land/Parcel Mgmt
environment to be documented
gets updated GIS
Requirement for ARCEditor license to
data monthly
do import (if outside ASP)
• PremierOne CSR and any connection
to SunGard Land/Parcel M t?
• SunGard does not have any SDKs or
standard data import APIs available
• Past integration efforts with SunGard
• Plan for
SunGard system
applications required SunGard to
integration of
tracks co
s co
complaints
create upload routines to bring data
SunGard
and requests, creates
into DB2 database
Work
work orders
manages facilities
• Possibility of 2 -way integration needs
Orders/Facility
and performs job
to be determined (PremierOne CSR
Work Orders
Management
workflow --- >SunGard, SunGard ----
• Plan for
costing
>PremierOne CSR status updates)
migration of
Job costing would
have stay in
. Job costing would have to stay in
current and
a rd
SunGard
SunGard - what data is required for
historical
runs on an
job costing to be successful?
information
se ries
BM se
IBM i
• Work Order Conversion - what kind
of data exists in SunGard that could be
converted to CSR Services Requests
& Activities
• See comments above on Work Orders
- technical integration challenges
• Plan for
• All fee collection would have to
integration of
SunGard Building
remain in SunGard - what data is
SunGard
ermits used for
needed for fees calculations to be
Work Building
g
planning, zoning,
successful?
Building
Permits
Permits
• Plan for
tracking projects, permits,
. Permit Data Conversion - what kind
migration of
licenses, inspections,
of data exists in SunGard that could be
current and
code enforcement and fee
converted to Services Requests &
historical
collection.
Activities?
information
• Can PremierOne CSR serve as the
"Intake" system for permits with
workflow executed in SunGard?
Motorola Inc., 1301 E Algonquin Road, Schaumburg IL 60196 USA
169
The City of Saint John
Ms. Cindy Calvin
March 8, 2010
page 3
Area
Deliverable
Geographic Information
Key Discussions
Work Orders
5
Building Permits
• Impact of City upgrade to Centrex IP
CTI Integration
3
Decentralized
Implementation Model
• Does Centrex IP through Bell Aliant
Total Estimated Days
17
Motorola's proposal
offer softphone & CTI capability that
Daily Rate
$1600
noted city's existing
could provide telephony data to
CTI
A recommendation
Centrex phone system
�
PremierOne CSR.
Integration
for CTI Integration
does not provide the necessary connections
. Will Nortel Business Communications
and data to support CTI
Manager Software be required?
integration
• Does Centrex IP conflict with
PremierOne CSR multi - channel
capability'?
Information on
City is considering a
. Decentralized use of Contact Center
Decentralized
hnplementati
customer service
decentralized
implementation model for
. More complicated with/if CTI is
on Model
centre deployment
the customer service
involved
options.
• Would configuration be centralized?
centre.
Consulting time is broken down as follows
Area
Estimated Days
to Complete
Geographic Information
2
Work Orders
5
Building Permits
5
CTI Integration
3
Decentralized
Implementation Model
2
Total Estimated Days
17
Daily Rate
$1600
Total Labor
$27,200
Est. Travel Costs
$4 000
Total Estimated
$31,200
Pricing in Canadian dollars
Motorola Inc., 1301 E Algonquin Road, Schaumburg IL 60196 USA
170
The City of Saint John
Ms. Cindy Calvin
March 8, 2010
page 4
We are excited to work with the City of Saint John to complete this up front planning and assessment of the
PremierOne CSR implementation.
We look forward to a very successful implementation.
Best regards,
Gerard J. Gallant, CA
General Manager
Public Servicel311
Motorola, Inc.
Motorola Inc., 1301 E Algonquin Road, Schaumburg IL 60196 USA
171
March 24, 2010
Your Worship and Councillors:
SUBJECT: Proposed Subdivision -1666 Hickey Road
The Committee considered the attached report at its March 23, 2010 meeting. It
should be noted that the Committee's recommendation with respect to the
rezoning of the property was the subject of a separate letter from the Committee
to Council.
Mr. Tom Smith, the applicant, attended the meeting and advised that he was in
agreement with the staff recommendation with the exception of completion of the
site improvements within one year of the issuance of the building permit. Staff
confirmed that this did not pertain to the entire site but to the development of the
individual lots and buildings. Mr. Smith also presented a revision to Option B
(copy attached) to address concerns expressed by area residents regarding a buffer
between their properties and the proposed development. This revised concept
provides a 2 -metre wide buffer of existing vegetation to be retained between the
proposed development and the existing lots on Oakhill Crescent. Mr. Smith also
indicated he was intending to retain as many mature trees as possible on the site
and construct a fence in line with the paved driveway.
Mr. Dave McCormick, 78 Oakhill Crescent, appeared before the Committee in
opposition to the development citing concerns regarding drainage, and a loss of
privacy, windbreak and natural habitat as a result of the proposed development.
He also indicated that Option A, which proposed direct access to Heather Way
with 6 driveways, was the preference of the residents on Oakhill Crescent.
Ms. Odette McGrath of Latimore Lake Road appeared before the Committee and
expressed concerns regarding general drainage issues related to developments
within the City.
The Committee also received four letters expressing concerns about the proposal.
Copies of these letters are attached.
Following consideration of the report, letters and presentations, the Committee
adopted the staff recommendation with respect to the subdivision of the site. The
Committee also approved the access shown as Option B which provides for a
private driveway from Hickey Road servicing the three lots.
172
IPM
RECOMMENDATION:
That Common Council:
a. assent to one or more subdivision plans, in one or more phases, with respect to
the vesting of any required municipal services easements or public utility
easements; and
b. accept cash -in -lieu of Land for Public Purposes for the proposed subdivision
of the property located at 1666 Hickey Road (PID No. 55198402).
Respectfully submitted,
Carl Killen
Chairman
MR
Project No. 10 -048
173
HICKEY ROAD
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a
DATE:
TO:
FROM:
FOR:
MARCH 23, 2010
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING . PLANNING AND DEVELOPMENT
MEETING OF MARCH 23, 2010
PREPARE B Y:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
REVIEWED BY:
Ken Forrest, MCIP, RPP
Commissioner
SU— BST: Rezoning and Subdivision -1666 Hickey Road
The Planning Advisory Committee is considering the above matter at its March 23, 2010 me ting. A
report and recommendation has been provided with respect to this application. However, the
recommendation was not specific regarding approval of the access proposed by the applicant as Option
B, which is an access other than a Public Street. P
A revised recommendation concerning this rezoning and subdivision application has been provided
below for the convenience of the Committee. P ded
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel of land with an area of approximately 4,050 square
meters, located at 1666 Hickey Road, also identified as PID Number 55198402, from "RM_2„
High Rise Multiple Residential and "RS -2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential. «R_2
2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a
parcel of land with an area of approximately 4,050 square metres located at 1666 Hickey Road,
also identified as PID Number 55198402, be subject to the following conditions:
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 w►7s5intjohn.ca I C.P. 1971
Saint John, N. -B. Canada E2L 4L1
Tom Smith Page 2
1666 Hickey Road March 23, 2010
a. That no access be provided to Heather Way and that access to the site be from Hickey
Road via a common driveway with a 6.0 metre paved width, as proposed by the
Developer in Option B;
b. Development of the sitebe in accordance with a detailed site plan, prepared by the
developer and subject to the approval of the Development Officer, drawn on a site
survey, and illustrating the location of all buildings, structures, parking areas, driveways,
landscaping and other site features;
c. All access driveways are to be paved with asphalt and graded to facilitate proper site
drainage;
d. That a right -of -way and maintenance agreement respecting access to the proposed lots
and maintenance of the access be provided subject to the approval of the Development
Officer;
e. Existing mature trees on the site are to be retained where possible;
f. That all main buildings be serviced by municipal water and sewer and underground
public utilities with a site servicing and grading plan prepared for the approval of the
Chief City Engineer or his designate;
g. Any infrastructure extensions required to service the site be completed at the Developer's
expense;
h. All areas not occupied by buildings, parking areas and driveways be landscaped and all
site improvements be completed within one (1) year from the issuance of a building
permit for the development.
3. That, if and when third reading j� given to the proposed rezoning, Common Council:
a. assent to one or more subdivision plans, in one or more phases, with respect to the
vesting of any required municipal services easements or public utility easements; and
b. accept cash -in -lieu of Land for Public Purposes for the proposed subdivision of the
property located at 1666 Hickey Road (PID No. 55198402).
4. That the Planning Advisory Committee approve the access shown as Option B, subject to the
conditions outlined above.
1R
Project No. 10-48
176
DATE:
TO:
FROM:
FOR:
PREPARED BY•
iAy
MARCH 1 9;201 0
PLANNINd ADVISORY COMMITTEE
COMMUNITY PLANNING • PLANNING AND DEVELOPMENT
MEETING OF MARCH 23, 2010
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
REVIEWED BY:
Ken Forrest, MCIP, RPP
Commissioner
Tom Smith
Tom Smith
1666 Hickey Road
55198402
Municipal Plan: Low Density Residential
Zoning: Existing: "RM -2" High Rise Multiple Residential and "RS -2"
One and Two Family Suburban Residential
Proposed: "R -2" One and Two Family Residential
Proposal: To construct three duplexes on the portion of the lot to the south of
the existing dwelling.
Type of Application: Rezoning and Subdivision.
a�
SAINT JOHN
--1
3
P.O. Box 1971 Saint John, NB Canada E2L 4L14wvwv saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 4L1
Tom Smith
1666 Hickey Road
JURISDICTION OF COMMITTEE:
Page 2
March 18, 2010
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed rezonin ' 7applications. The Committee's recommendation will be
considered by Common Council at a Public Hearing on Monday, March 29, 2010.
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning the subdivision of land, including the assent of streets, land for public purposes, and
public utility easements, as well as the'authorization of City /Developer Subdivision Agreements.
The Community Planning Act authorizes the Planning Advisory Committee to approve access other than
a Public Street as the Committee deems to be advisable for the development of land.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council rezone a parcel of land with an area of approximately 4,050 square
meters, located at 1666 Hickey Road, also identified as P1D Number 55198402, from "RM -2"
High Rise Multiple Residential and "RS -2" One and Two Family Suburban Residential to "R -2"
One and Two Family Residential.
2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a
parcel of land with an area of approximately 4,050 square metres located at 1666 Hickey Road,
also identified as PID Number 55198402, be subject to the following conditions:
a. That no access be provided to Heather Way and that access to the site be from Hickey
Road via a common driveway with a 6.0 metre paved width, as proposed by the
Developer in Option B;
b. Development of the site be in accordance with a detailed site plan, prepared by the
developer and subject to- the approval of the Development Officer, drawn on a site
survey, and illustrating the location of all buildings, structures, parking areas, driveways,
landscaping and other site features;
c. All access driveways are to be paved with asphalt and graded to facilitate proper site
drainage;
d. That a right -of -way andnaintenance agreement respecting access to the proposed lots
and maintenance of the access be provided subject to the approval of the Development
Officer;
e. Existing mature trees on the site are to be retained where possible;
f. That all main buildings be serviced by municipal water and sewer and underground
public utilities with a site servicing and grading plan prepared for the approval of the
Chief City Engineer or his designate;
g. Any infrastructure extensions required to service the site be completed at the Developer's
expense;
178
Tom Smith
1666 Hickey Road
Page 3
March 18, 2010
h. All areas not occupied by buildings, parking areas and driveways be landscaped and all
site improvements be completed within one (1) year from the issuance of a building
permit for the development.
3. That, if and when third reading .is given to the proposed rezoning, Common Council:
a. assent to one or more subdivision plans, in one or more phases, with respect to the
vesting of any required municipal services easements or public utility easements; and
b. accept cash -in -lieu of Land for Public Purposes for the proposed subdivision of the
property located at 1666 Hickey Road (PID No. 55198402).
BACKGROUND:
The applicant owns the subject property located at 1666 Hickey Road, which currently contains a single -
family dwelling and detached garage.
A subdivision plan was approved for the property in June 2009 which added an area of 1723 square
metres (18,456 square feet) from the subject property to the adjacent property to the east at 1676 Hickey
Road.
The subject property is currently zoned "RM -2" High Rise Multiple Residential and "RS -2" One and
Two Family Suburban Residential. As the "RM -2" High Rise Multiple Residential zone does not
specifically permit a duplex and given the large lot area requirements of the "RS -2" One and Two
Family Suburban Residential zone, the applicant is requesting a rezoning to "R -2" One and Two Family
Residential.
Subdivision of the site is also being proposed which will have the property subdivided into four lots with
one for each of the three duplexes and the fourth to accommodate the existing single - family dwelling at
1666 Hickey Road.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has provided the following comments:
• The proposed driveway shown in Option "B" to have a common driveway for the three houses
provided from Hickey Road is the preferred option.
• There is municipal water and storm sewer on Heather Way. There is municipal sanitary sewer
available on Heather Way; however the developer, at the developer's cost, would be required to
extend the main to this development site.
• Municipal sanitary sewer is available on Hickey Road.
• The developer is required to have gravity connections and grades verified for this development.
Buildings and Inspection Services note the existing garage should be 1 metre from the proposed
property line and that access to the houses for firefighting reasons should comply with the standards of
the National Building Code of Canada.
179
Tom Smith Page 4
1666 Hickey Road March 18, 2010
Saint John Fire Department has been advised of this application.
Saint John Transit has been advised of this application and notes significant service is provided along
Heather Way on their Champlain Lakewood service.
Leisure Services has reviewed the appfication and recommends obtaining cash -in -lieu for the required
Lands for Public Purposes contribution':
N.B. Department of Environment has been advised of this application.
School District 8 has been advised of this application.
Saint John Energy notes they have underground facilities on Heather Way and Hickey Road that can
be extended to service the proposed development. Any cost to extend Saint John Energy's facilities will
be dealt with by the developer at a later date.
Aliant has no issues with the proposed.development.
Rogers has been advised of this application.
Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been advised of this
application.
ANALYSIS:
Proposed Development
The applicant is seeking to construct three duplex dwellings on three new lots that would be created to
the south of the existing dwelling. Two options have been proposed by the applicant for access to the
site as detailed in the attached plans. Option A would have two separate driveways provided to each lot
from Heather Way. Option B would have a common driveway for the three lots provided from Hickey
Road.
The site fronts on both Heather Way and Hickey Road with approximately 87 metres (285 feet) of
frontage on Heather Way and 54 metres (177 feet) of frontage on Hickey Road. The area of the subject
site is 4,052 square metres (43,615 square feet) with the proposed lots to be subdivided for the duplexes
ranging) in area from 738 to 882 square metres (7,943 to 9,493 square feet). Depths of the proposed
lots for the duplexes range between 39 metres and 51 metres (127 feet and 167 feet).
The proposed three bedroom duplexes will be two stories in height and will each have a ground floor
area of approximately 116 square metres (1250 square feet).
Surrounding Area
Existing development in the area of the subject site is residential with a range of densities and dwelling
types. North of Hickey Road, a complex of three 6 storey multiple unit buildings is located west of
Heather Way with a new subdivision containing single family dwellings located east of Heather Way.
On the south side of Hickey Road, the area contains a mix of single - family, multiple unit, and
180
Tom Smith
1666 Hickey Road
Page 5
March 18, 2010
townhouse development. An existing four -unit townhouse is located immediately south of the subject
site with a single family dwelling located immediately east of the site.
Municipal Plan Direction
The subject property is designated Low. Density Residential in the Municipal Plan and the proposal does
not exceed density requirements relating to this designation. It is also located in the sub -area of Saint
John East, and the Municipal Plan notes that residential development will occur through extensions of
existing developed areas and infilling of vacant areas of land.
As such, the proposed development is acceptable in terms of the direction outlined in the Municipal
Plan.
Zoning By -law
The submitted site plan generally satisfies all applicable Zoning By -law requirements relating to the
proposed development. From the scale of the proposed site plan, the existing garage may not have the
required rear yard, however this issue has been discussed with the applicant and the garage can be
moved if required. Staff also notes that the lot line on the final plan of subdivision for the proposed
development can be moved to accommodate this or a variance can be granted at a later date to
accommodate the reduced rear yard setback.
The proposed site plan also shows the access driveway for Option B extending to the south property line
of the site. Under the Zoning By -Law, off - street parking areas cannot be located within 1.5 metres of a
side or rear property line. The by -law also contains an additional requirement that a parking lot for more
than five vehicles adjacent to a residential zone must be buffered with a landscaped area having a width
of 2 metres and incorporate trees, shrubs or hedges to interfere with vehicle headlights shining across
property lines. Staff recommends that the applicant incorporate this into the final design of the proposal
along the southern property line with the adjacent properties on Oakhill Crescent.
Principal Considerations
There are two key considerations in respect of the proposal:
1. Whether the proposed development is acceptable within the neighbourhood context; and
2. The access provided to the site.
Each matter is dealt with in turn below.
Acceptability of Proposed Rezoning within the Neighbourhood Context
Currently, there is a mix of residential zoning designations within the area surrounding the site including
"R -2" One and Two Family Residential; "RM -2" High Rise Multiple Residential, "RM -1" Three Storey
Multiple Residential and "R -1 B" One Family Residential. Existing residential development in the area
ranges in scale from single- detached dwellings to multi- storey multiple unit buildings.
Single- detached dwellings are located to the north and east of the proposed development with a four -unit
rowhouse located to the south. Heather Way forms the western boundary of the site,
The proposed rezoning of the site to "R -2" One and Two Family Residential represents a reduction in
the permitted density and massing of a. building that can be built on the site. Currently, on the portion of
the site that is zoned "RM -2" High Rise Multiple Residential, multiple unit dwellings are a permitted as-
181
Torn Smith Page 6
1666 Hickey Road March 18, 2010
of -right use with a minimum height of two stories and a maximum height of 23 metres. Such
development does not require any publ'ic consultation resulting from a planning application. As a result
of the rezoning, the maximum permitted density that can be developed on the subject site will actually
decrease from that which is currently permitted.
Given the existing zoning and scale of residential development in the immediate vicinity of the site, the
proposed duplexes fit within the existing context of the neighbourhood.
Access
The applicant has proposed two options for providing access to the site. Option A proposes two separate
driveways for each of the buildings accessing Heather Way. With this option, six new driveways would
be constructed on the east side of Heather Way between Oakhill Crescent and Hickey Road, Option B
proposes a shared driveway that would'access Hickey Road for the three duplexes.
Based on a review of the two options, Municipal Operations and Engineering has indicated that Option
B is the preferred option. Planning Staff are in agreement with this as it reduces potential vehicle
conflicts through the provision of the single access onto Hickey Road and acknowledges the impacts
posed by the median on Heather Way on access to the site. Staff recommends that a condition of the
rezoning be that no access is provided onto Heather Way from the development.
Use of the access proposed in Option B will require the approval of the Planning Advisory Committee in
accordance with Section 15(1) (b) of the Subdivision By -Law which allows for a development to occur
on such other access as may be approved by the Committee as being advisable for the development of
the Iand.
The .proposed access driveway is 4.0 metres in width which is quite narrow for two -way traffic. Staff
recommends that the width of the access driveway be increased to 6 metres and that it be paved with
asphalt and not curbed.
Three new lots will be subdivided from the existing lot at 1666 Hickey Road. Based on comments from
Leisure Services, cash -in -lieu of Lands for Public Purposes is recommended.
Given the proposed development conforms to the intended low density development pattern for the area
and fits the overall context of residential development within the neighbourhood, the rezoning can be
supported subject to Section 39 conditions relating to the design, construction and maintenance of the
access, site servicing and landscaping.
CONCLUSION:
Staff is of the opinion that it is appropriate to re -zone the subject property from "RM -2" High Rise
Multiple Residential and "RS -2" One and Two Family Suburban Residential to "R -2" One and Two
Family Residential given that it meets the intent of the Municipal Plan and fits within the surrounding
community context.
Section 39 conditions are recommended to procure an access agreement among the owners of the three
proposed duplexes and outline standards for the site design and landscaping.
182
Tom Smith Page 7
1666 Hickey Road March 18, 2010
Staff also recommend that the Planning • Advisory Committee approve the proposed access as shown in
Option B subject to the final approval of the Development Officer and that Common Council accept
cash -in -lieu of Land for Public Purposes for the proposed subdivision should the rezoning be approved.
MR
Project No. 10-48
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Reade, Mark
From: External - Planning
Sent: Monday, March 22, 2010 8:58 AM
To: Reade, Mark
Subject: FW: Proposed Rezoning 1666 Hickey Road
Attachments: Picture 3 70 68 Oakhill Cres.jpg; Picture 1 70 68 Oakhill Cres.jpg; Picture 2 70 68 Oakhill
Cres.jpg
Lynda Lockhart
Planning and Development /Urbanisme et Ddveloppement
The City of Saint John
T: (506) 658 -2835
F: (506) 658 -2837
AThink before you print
from: Wayne Goguen [mailto:wdgoguen @rogers.com]
Sent: Saturday, March 20, 2010 6:36 PM
TQ: External - Planning
Subject: Re: Proposed Rezoning 1666 Hickey Road
To whom it may concern:
When I sent the first email in (see below) I was unable to find pictures of the mentioned sink hole. I have now located the
pictures and have attached them for your viewing.
• Picture 1 — Is looking from 68 Oakhill Cres's backyard into 70 OakhffI Cres's backyard.
• Picture 2 — Is looking from 70 Oakhill Cres's backyard (mine) into 68 Oakhill Cres's backyard.
• Picture 3 - Is looking from 70 Oakhill Cres's backyard (mine) into 68 Oakhill Cres backyard. The water comes
out from the woods under the left green chair in the picture and pools in our yard.
So as you can see there is a problem with water coming from the lot that is in the process of being rezoned.
This needs to be address or its only going to get worse. Someone needs to step up the plate investigate and not only fix
the water problem but address the sink hole on our property.
Wayne & Laura Goguen
From: Wayne Goguen [mailto:wdgoguen @rogers.com]
S4nt: Monday, March 15, 2010 5:21 AM
70 'plan ning @saintjohn.ca'
Subject: Re: Proposed Rezoning 1666 Hickey Road
To Whom It May Concern:
My family lives at 70 Oakhill Cres and our back yard runs along the property line for the new proposed rezoning.
.m
' I
We had received a letter regardi, ig 2 options for access to the new homes, oL. of these 2 options 1 would prefer to
see option A: separate driveways provided to each lot from Heather Way,
While I am not entirely against this rezoning I do have some concerns that directly impact both me and the family
in 68 Oakhill Cres.
• There is a water problem that needs to be addressed in the yet to be cleared lot. A little back story. We moved
into Oakhill Cres in September 2007 and during the spring thaw in 08' we noticed water gushing out from the
woods into our back yard. This has also happens when ever there is any heavy amount of rain and has seemed
to have caused a sink hole.
• My concern is that when the clearing begins what steps are going to be taken to make sure this problem is fixed?
And water is directed somewhere else?
• And with this water coming from the purposed rezoning lot perhaps someone should step up to the plate to fix our
sink hole.
Other concerns overall.
• I would hate to loose all those wonderful tress to only look out my back window and see someone else's window.
• How is the property line going to be divided between us and the new build? I would like to see a fence 1 tree line
put in place if all the existing trees are removed.
Wayne & Laura Goguen
2
191
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195
MAR - 18-2010 07:37 From:
March 17, 2010
Attention. Planning Advisory Committee - City of Saint John
Re; Proposed Rezoning of 1666 Hickey Road
To whom it may concern,
To:1 P.2/2
Our names our Jeff and Michelle Wisted and we reside at 66 Oakhill Crescent, Pid 55092845, adjacent
to the above noted proposed property. We object to the above noted proposed development.
1) we moved into our home in Aug. 2007, knowing we had a very small backyard, but a private
one lined with beautiful trees, which gave us privacy and is also a home to many rare birds.
We will lose are privacy and our green space.
2) The land in back of us is very swampy. We feel disturbing the swamp land could cause us to
lose our small backyard that we have and could affect our basements. We have never
experienced a problem with water to date, but it makes us very nervous, especially after
laying new flooring in our basement. If we did get water who would come good for the
damage, the city? The builder? Or the owner of the new dwellings?
3) Roughly 3 years ago when there was a lot of construction going on in the new subdivision
(Kappa, Sigma etc.), our townhouses started experiencing a huge problem with rats and we
need to use pest control services for the next two years.
4) There will be increased noise level due to traffic, people, cars, possibly dogs. There will be
more pollution and more wind. The trees shelter our backyard from the wind now and reduce
the noise level.
5) in conclusion, we oppose this proposed rezoning development. This would be cramming 6
families in a little spat, our backyards. we have teenagers, what will happen to their privacy,
and ours? If you have any questions, please give us a call at the noted phone number below.
Jeff and Michelle Wisted
66 Oakhill Crescent
Saint John, NB, E2.1 4M4
6:96 -2031
MAR -89 -2818 89:36 From:DEPT VETcRAN AFFAIRS 5866364788 To:1 P.2/2
March 9, 2010.
Dear Sir,
Re Proposed Rezoning 1666 Hickey Rd
My name Is Christine Penney and I reside at 64 Oakhill Cresent, Pid #55092852,
adjacent to the above noted property. I object to the proposed rezoning for the
following reasons:
I. I have a very small backyard which borders the above noted proposed development.
If this development goes ahead, I will lose my privacy,
2. My property will correspondingly decrease in value.
3. I am worried that the water pressure will be reduced due to the increased
Population.
4. The property is swamp property as it is often covered In water.
5. Two years ago, due to the new development on the other side of the Hickey Rd, an
influx of rats invaded the above noted property as well as the 4 properties on Oakhill
Crescent, which required the services of pest control for 2 years.
6. The noise level will elevate due to increased traffic and population.
7. The above noted property which is now green space, will be lost.
8.7here will be more pollution for all residents of 0akhill Crescent.
In case of questions, my phone number is 696 -2322. Thanking you, I am
Yours sincerely,
Christine Penney
197
MAR 0 9 2010
Lockhart, Lynda
From: Wayne Goguen [wdgoguen@rogers.com]
Sent: Monday, March 15, 2010 5:21 AM
To: External'- Planning
Subject: Re: Proposed Rezoning 1666 Hickey Road
To Whom It May Concern:
My family lives at 70 Oakhill Cres and our back yard runs along the property line for the new proposed rezoning.
We had received a letter regarding 2 options for access to the new homes, out of these 2 options I would prefer to
see option A: separate driveways provided to each lot from Heather Way.
While I am not entirely against this rezoning I do have some concerns that directly impact both me and the family
in 68 Oakhill Cres.
• There is a water problem that needs to be addressed in the yet to be cleared lot. A little back story: We moved
into Oakhill Cres in September 2007 and during the spring thaw in 08' we noticed water gushing out from the
woods into our back yard. This has also happens when ever there is any heavy amount of rain and has seemed
to have caused a sink hole.
• My concern is that when the clearing begins what steps are going to be taken to make sure this problem is fixed?
And water is directed somewhere else?
• And with this water coming from the purposed rezoning lot perhaps someone should step up to the plate to fix our
sink hole.
Other concerns overall.
• I would hate to loose all those wonderful tress to only look out my back window and see someone else's window.
• How is the property line going to be divided between us and the new build? I would like to see a fence 1 tree line
put in place if all the existing trees are removed.
Wayne & Laura Goguen
1
198
Lockhart, Lynda
From: External - Planning
Sent: Monday, March 08, 2010 8:53 AM
To: Lockhart, Lynda
Subject: FW: PROPOSED REZONING 1666 HICKEY ROAD
From: Tina McCormick [malito:datmccormick @yahoo.com]
Sent: Sunday, March 07, 2010 4:06 PM
To: External - Planning
Cc: datmccormick @yahoo.com DE V
Subject: PROPOSED REZONING 1666 HICKEY ROAD
March 7, 2010~
Planning Advisory Committee a MAR 0 8 2010
City Of Saint John, Planning and Development
P.O. Box 1971, Saint John, NB ���,
E2L 4L1 t --
To Whom it may concern,
I am writing in opposition of the application for a rezoning of 1666 Hickey Road. The applicant is proposing to
rezone and then subdivide the lot to allow for the construction of three duplexes. My family and I live at 68
Oakhill Crescent which borders the property in question, I have lived at this address for nearly 8 years and have
grown to appreciate the lush forested area that borders my backyard. This area has housed a number of migrant
birds such as American Redstarts, Gray Catbirds, Eastern Towhee, American Robins and various sprecies of
Warblers including the Canada Warbler. These birds return to this location every year. The forested area is
also home to many year round residents such as Black - capped Chickadee, BIue Jays, Northern Cardinals,
Downy Woodpeckers, to name just a few, The property is a'buffer' between our property and Hickey Road
which is an active and noisy roadway. The trees also block the heavy winds that we receive from that direction
and without these trees we would have a concern over possible wind damage and sediment blowing onto our
properties. The forested area does get very wet and soggy throughout the year and at times has overflown into
our backyard. With further development it is my thought that we will also be faced with the fact that as #1666
Hickey Road is built up the water will be forced to flow onto our property.
I do not agree with this application for the many reasons outlined above. I believe that by developing this
property we will lose our peace of mind, our properties may be damaged and our privacy will be lost. When I
bought my property (68 Oakhill Crescent) in October of 2002 the forested area in the back yard was a big part
of my attraction to the location as it was very private. Wildlife has to be considered also, as mentiond the
location is home to many birds and is a prime location for migrant songbirds. Any distrubance to this property
could lead to the loss of these returning songbirds and I believe this would be a mistake. We have to be
cautious in what decisions we make in order . to protect the small amount of wildlife that remains and habitat
preservation is key.
If you take an aerial shot of the Heatherway area from 1995 and compare it to 2010 you will see a huge
199
- differenee i i,.. j understaid wliy we
would even have to consider deforesting another property for the sake of 3 duplexes (six dwellings) when there
are already clear cut (deforested) lots in my neighborhood that still remain undeveloped.
The letter from Planning Advisory Committee mentioned that there are two options for access to the site.
Option A is the better of the two options as it would reduce the amount of activity in my backyard. Option B is
not favorable due to the fact hat if there was a common driveway off of Hickey Road then we would have an
even larger increase in noise pollution and we would have concerns over the safety of our children.
If for any reason this application gets approved which I truly hope it does not then we do wish for a buffer of
trees to remain between the addresses on Oakhill Crescent and the proposed building site as well as a fence to
be built by the developer.
Please let me know if you have any questions or require any further information/comments.
Sincerely,
David J. McCormick
68 Oakhill Crescent
Saint John, New Brunswick
E2J 4M4
Download it now!
200
April 8, 2010
Your Worship and Councillors:
SUBJECT: Westfield Road Reconstruction Project
Street Vesting - 1871, 1920 & 2090 Westfield Road
The Planning Advisory Committee considered the attached report at its April 7,
2010 meeting. Mr. Paul Wilson of Real Estate Services (Planning and
Development) appeared on behalf of the City in support of the application and
staff recommendation. There were no other presentations or letters received
regarding this application.
After considering the matter the Committee resolved to adopt the staff
recommendation, which is set out below for your convenience. The Committee
also granted the recommended variances for reduced lot areas for two of the
subject properties.
RECOMMENDATION:
1. That Common Council assent to the submitted Amending John Law
Corporation Subdivision, Mary Leanne Straight and William Harland
Straight Subdivision, and Mabel Bonnell Estate Subdivision plans that
would vest a total area of approximately 1325 square metres (14,263
square feet) of land from portions of 1871, 1920 & 2090 Westfield Road,
also identified as being portions of PID Nos. 55172209, 00289629 &
55201859, as part of the Westfield Road public street right -of -way.
2. That Common Council assent to any necessary municipal services or
public utility easements with respect to the Westfield Road Reconstruction
Project.
Respectfully submitted,
Terry Cornfield
Vice - Chairman
MO
Project No. 10 -095
201
DATE: APRIL 1, 2010
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING � PLANNING AND DEVELOPMENT
FOR: MEETING OF APRIL 7, 2010
Mark O'Hearn Ken Forrest, MCIP, RPP
Planning Officer Commissioner
SUBJECT:
Name of Applicant: City of Saint John (Real Estate Services • Planning and
Development)
Name of Owner: Michael and Bonnie Duffy, William and Mary Straight, and Arlene
Hayward, James Stubbs and Philip Stubbs
Location: 1871, 1920 & 2090 Westfield Road
PID: 55172209,00289629 & 55201859
Municipal Plan: Low Density Residential
Zoning: "RS -2" One and Two Family Suburban Residential
Proposal: To widen the Westfield Road public street right -of -way by vesting
portions of adjacent residential properties.
Type of Application: Subdivision and Variance that would reduce the minimum lot area
requirement of 4000 square metres (43,057 square feet) to
approximately 3887 square metres (41,841 square feet) and 1,708
square metres (18,385 square feet) for two existing properties.
202
Westfield Road Reconstruction Project Page 2
1871, 1920 & 2090 Westfield Road April 1, 2010
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning the assent of public streets (or portions thereof) and municipal services and public
utility easements.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Zoning By -law. The Committee can impose conditions.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council assent to the submitted Amending John Law Corporation Subdivision,
Mary Leanne Straight and William Harland Straight Subdivision, and Mabel Bonnell Estate
Subdivision plans that would vest a total area of approximately 1325 square metres (14,263
square feet) of land from portions of 1871, 1920 & 2090 Westfield Road, also identified as being
portions of PID Nos. 55172209, 00289629 & 55201859, as part of the Westfield Road public
street right -of -way.
2. That Common Council assent to any necessary municipal services or public utility easements
with respect to the Westfield Road Reconstruction Project.
That the Planning Advisory Committee grant the following variances from the requirements of
the Zoning By -law that would:
(a) Reduce the minimum lot area requirement of 4000 square metres (43,057 square feet) to
approximately 3887 square metres (41,841 square feet) for the property at 1871 Westfield
Road (PID No. 55172209), as generally illustrated on the submitted John Law
Corporation Subdivision plan; and
(b) Allow the lot area reduction of the property at 1920 Westfield Road (PID No. 00289629)
from 1,830 square metres (19,699 square feet) to approximately 1,708 square metres
(18,385 square feet), as generally illustrated on the submitted Mary Leanne Straight and
William Harland Straight Subdivision plan.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering is supportive of this application. The proposed land
acquisitions are necessary to facilitate the reconstruction project for Westfield Road approved for 2010.
Saint John Energy has advised that the area is serviced by overhead facilities, and that they have been
in discussions with Municipal Operations and Engineering with regards to this road reconstruction
project.
203
Westfield Road Reconstruction Project Page 3
1871, 1920 & 2090 Westfield Road April 1, 2010
Aliant has been advised of this matter.
Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have no concerns with
regards to the proposed street widening.
ANALYSIS:
Common Council approved as part of the 2010 General Fund Capital Programs the Westfield Road
Reconstruction Project. This project involves street widening, improvements to street grades and
embankments, and the inclusion of a sidewalk and bicycle lane. The planned improvements will also
include the replacement of existing culverts and improved ditching.
On January 12, 2010 the Planning Advisory Committee recommended the street vesting of three other
parcels of land (2050, 2250 -2290 & 2285 Westfield Road) in the area for this project, and as anticipated
by staff additional street vesting for portions other properties in the neighbourhood is now being
requested (see attached tentative subdivision plans prepared by Terrain Group Inc.).
The application involves the following:
With respect to 1871 Westfield Road (Michael and Bonnie Duffy property), a 113 square metre
(1,216 square foot) portion of the property would be vested into the public street right -of -way.
An old storm sewer culvert crosses beneath the road in this area that needs to be replaced with a
larger one, and the ditching along this curved portion of the road needs to be improved.
A variance is also being requested as the Zoning By -law requires a minimum lot area of 4000
square metres (43,057 square feet) for the development of a one family dwelling, but the street
vesting would slightly reduce the area of the property to 3887 square metres (41,841 square feet).
This parcel is presently undeveloped.
N.B. Department of Public Health Services has advised that the proposed street vesting will not
affect the previous subdivision approval that created this lot. It should also be mentioned that a
watercourse runs through the property, and any future development would require permission
from N.B. Department of Environment.
■ With regards to 1920 Westfield Road, a 122 square metre (1,313 square foot) portion of this
property would be vested into the street right -of -way in order to allow for the replacement of
another existing culvert.
A variance is also being requested as the proposed street vesting would reduce the existing
property from 1,830 square metres (19,699 square feet) to approximately 1,708 square metres
(18,385 square feet). A dwelling is situated close to the intersection of Westfield Road and By-
Road No.7. According to the detailed engineering plans submitted by the applicant, the existing
dwelling, accessory building and the on -site facilities would not be affected by the proposed
street vesting.
204
Westfield Road Reconstruction Project
1871, 1920 & 2090 Westfield Road
Page 4
April 1, 2010
■ Finally, with respect to 2090 Westfield Road, a 1090 square metre (11,733 square foot) portion
of the property would be vested into the public right -of -way. A new sidewalk, curb and
guardrails are planned to be installed in this area.
Although this vesting would also reduce the area of the existing property, this parcel was created
on the condition that no development could occur, but instead it was only created in order to
provide access to Grand Bay for another property owner in the area. Since it is not considered a
lot as defined by the Zoning By -law, it is not subject to the lot standards of the By -law, and,
therefore, no variance is considered necessary.
However, the final subdivision plan (Mabel Bonnell Estate Subdivision) would need to include a
notation regarding this existing condition. This matter will be discussed with the applicant and
the surveyor should the proposed street vesting be approved.
Negotiations with the affected property owners have concluded, and Common Council has approved the
purchasing arrangements. The City has, or is in the process of, obtaining all the necessary permits from
N.B. Department of Environment for this project. As mentioned in this report the subject areas
proposed to be vested would not adversely affect the existing or future development of the affected
properties.
It is recommended that Common Council assent to the submitted subdivision plans with respect to the
proposed street vesting and any necessary municipal services or public utility easements. It is also
recommended that that the two necessary lot area variances be granted by the Planning Advisory
Committee.
Municipal Operations and Engineering has held public meetings with the local community with regards
to this significant capital works project. Another public meeting occurred during the preparation of this
report. Given the public engagement program no further notification has been sent to area residents with
respect to this particular application. No letters were sent for the similar application concerning this
project approved earlier this year.
MO
Project No. 10 -095
205
PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT
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PID(s) /NIP(s):
Subject Site /site en question: 55172209
00289629
Location. 1871, 1920 & 2090, chemin Wesffield 55201859
Road
Date: March 23 mars 2010
Scale /echelle: Not to scale /Pas A 1'6chelle
206
APPROVALS
NOT -
BONNIE LYNN DUFFY
- DIRECTIONS ARE N.B. GRID AZIMUTHS
AZIMUS DERIVED FROM THE N.B.
N
MICHAEL JOHN DUFFY'
SURVEY
AREA
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THE BEST OF ITS 9FORMATIDN, KNOWLEDGE AND BELIEF. AND
�STkiEMEM[T-
1 HERBY CERIFY mar THIS PLAN 6 C(RfROCT.
DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE
TENTATIVE
CONSULTANT.
BONNIE LYNN DUFFY
_ALL DISTANCES SHOWN ARE CALCULATED GRIO DISTANCES.
� ssY1o1 aMO..s,1E Mo�neMr
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IPURPOSE OF PLAN
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-TO OREATE MEPRE7D ROAD (PUBLIC STREET). PURSUANT TO
SECTION 56(4)(A) OF THE COMMUNITY PLANNING ACT. 1973.
N.B. GRID COORDINATE VALUES
u newer T16tl PI111c111�0 A110 Me. saw
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- DIRECTIONS ARE N.B. GRID AZIMUTHS
AZIMUS DERIVED FROM THE N.B.
N
MICHAEL JOHN DUFFY'
GRID MONUMENTS TABULATED HEREON.
PO. 35172209
-THE SCALE FACTOR USED WAS 1.000030.
DOCUMENT'. 19461145 REGISTERED-' 2004 -I1 -16
THEDOCUMENTT NUMBERS REFERRED TO ON THIS PLAN ARE
NIO MJn IL, SsMll� BT30
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- ADJACENT OWNER INFORMATION OBTANED FROM SNB
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77f xJEHCE CF P1tAC11CwL Bp.UTgN6
THE BEST OF ITS 9FORMATIDN, KNOWLEDGE AND BELIEF. AND
�STkiEMEM[T-
1 HERBY CERIFY mar THIS PLAN 6 C(RfROCT.
DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE
TENTATIVE
CONSULTANT.
BONNIE LYNN DUFFY
_ALL DISTANCES SHOWN ARE CALCULATED GRIO DISTANCES.
SURVEYED BY: ANDREW K. TOLE, N.BlS,
- CERTIFICATION IS NOT MADE AS TO LEGAL n1LE, BEING THE
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DOMAN OF A LAWYER, NOR 70 THE ZOIMND ,le SETBACK
Ai NasoNST CAMS08053 -936
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- CERTIFICATION IS NOT MADE AS TO COVENANTS SET OUT N
THE DOCWENT(S) AND THE LOCATION OF ANY UNDERGROUND
MICHAEL JOHN DAY
SERVICES AND/OR RXTUF45, PERMANENT OR OTHERWISE
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AMENDING SUMMSWN PLMI:
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(AMENING PLAN 'JOHN LAW CORPORA" SUBpW19g1-. PLAN
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CITY OF SAINT JOHN.
COLNTY OF SAINT JOHN. PROVINCE OF NEW BRUNSWICK
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APPROVALS
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PARCEL `CY
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WESTFIELD
ROAD
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WESTFIEL.D ROAD
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DEW DATA
THE ESTATE TO LOS MARGARET STUBBS TO
ARLENE MABEL HAYWARD, PHRLP REGINALD
STUBBS AND JAMES RONALD STUBBS
Doc. DATED OCTOBER 2AL 20M
REGISTERED OCTOBER 28, 2009,
AS NUMBER 27961196. PID 552111&59.
ONA*" StIGNATUFlE.-
ARL.ENE MABEL HAYWARD
ai _ I PHILIP REGIHALD STUBS$
N.B. GRID COORDINATE VALUES
ga,ruraeae ►tlFAIi �,Y4 {OOIP «,a AAA
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P1r''6 10 R""�eq`y JAMES RONALD MOBS
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LOT 94--7
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SAINT JOHN
MARINA LTD.
IiN
ILOCALITY SKETCH I
LEGEND
AYtNUwli .AAAXYryi[>r1 PLA1k .
MABEL 130NNELL ESTATE SUBDI)dSION
LFtlP11M
SWIRL.
sIRr1 srslB. drbwwe ro.a.
a
rei.1
-TO CREATE WESTFIEID ROAD (PUBLIC STREET), PURSUANT TO
CITY OF SANT JOHN.
COUNTY OF SAINT JOIN. PROVINCE OF NEW
BRUNSWICK
SECTION 56(1HA) -OF THE COIMRMBTY PIANOING ACT. 1973
NOTES
-DIRECTIONS ARE N.R. O iO AZIMUTHS MRIYED FROM THE H.B.
Terrffirl G1a�p Inc.
.W
GM MONUMENTS TABULATED HEREON.
-THE SCALE FACTOR USED WAS 1.000037.
590 MW St, 6139
Mwn t, a9.
THOS DOCUMENT IIERT NUMBERS ,a ON THIS PLAN ARE
^
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sm.o.00-Ywr.le,
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Wmms
DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE
I IIEmY CEW7FY THAT THIS FLAN R Owty
-ALL DISTANCES SHOW ARE CALCVMTED QLO DISTANCES,
TENTATIVE
-CERTIFICATION 15 NOT MADE AS TO =AL TITLE BOW THE
7W-
DOMAIN OF A LAW TER, NOR TO TIE ZONING a SE7BACx
4.. MR.Y® uTOI Aar.
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DEVELOPMENT CFFIIER.
SURVEYED BY' ANDREW IL TOOLS. N,B.LS.
- (ERTIFICATN7N IS NOT MADE AS TO COVENANTS SET OUT IN
THE DOL1MENT(S) AND THE
OATEO_ MARCH 19. 2010
LOCATION OF ANY utmotf.Aam
SERVICES ANO/OR FDi FIM PERMANENT OR OTH"INSE
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AYtNUwli .AAAXYryi[>r1 PLA1k .
MABEL 130NNELL ESTATE SUBDI)dSION
(AMENDING PLAN'MABEL 80*4Xk ESTATE SUMMSO -, PLAN
-TO AMEND PARCEL C. PLAN 27SJOM.
STUATED NORTH OF WESVIDD ROAD.
.
-TO CREATE WESTFIEID ROAD (PUBLIC STREET), PURSUANT TO
CITY OF SANT JOHN.
COUNTY OF SAINT JOIN. PROVINCE OF NEW
BRUNSWICK
SECTION 56(1HA) -OF THE COIMRMBTY PIANOING ACT. 1973
NOTES
-DIRECTIONS ARE N.R. O iO AZIMUTHS MRIYED FROM THE H.B.
Terrffirl G1a�p Inc.
.W
GM MONUMENTS TABULATED HEREON.
-THE SCALE FACTOR USED WAS 1.000037.
590 MW St, 6139
Mwn t, a9.
THOS DOCUMENT IIERT NUMBERS ,a ON THIS PLAN ARE
^
S.OY
71105E THE LINTY E REGISTRY FF
OFFICE.
terra
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STAlEhl)(T
THE BEST OF IT'S NFDIOIATUON, KNo LEDGE AHD.BEIIEF. AND
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DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE
I IIEmY CEW7FY THAT THIS FLAN R Owty
-ALL DISTANCES SHOW ARE CALCVMTED QLO DISTANCES,
TENTATIVE
-CERTIFICATION 15 NOT MADE AS TO =AL TITLE BOW THE
DOMAIN OF A LAW TER, NOR TO TIE ZONING a SE7BACx
LtB
NO.
BY -LAWS OR REGULATIONS. BEING TIE DOMAIN OF A
-LS.
DEVELOPMENT CFFIIER.
SURVEYED BY' ANDREW IL TOOLS. N,B.LS.
- (ERTIFICATN7N IS NOT MADE AS TO COVENANTS SET OUT IN
THE DOL1MENT(S) AND THE
OATEO_ MARCH 19. 2010
LOCATION OF ANY utmotf.Aam
SERVICES ANO/OR FDi FIM PERMANENT OR OTH"INSE
p4= .Nr ANr
- INITIAL FELD. SURVEY WAS COIFLEIEU U—th DD. YYYY.
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