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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 V/ aDmjll6,.WIO 7 eo �114'-41 4oac4l. (fo v,-7, s -s ft-n;tes 12--- —Zz C�) GcLLJC�Ca� fiyu CL ��; n etc e 1 Wei 7`'` �c C�LL / Q' 1/�C' -C�•�� f� e � fJ 5 S' r/rr� �'2�t.f� 6 o �-g 7a- In /-0/ - - 14 �rI r r [r 15 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 Pic N wo ON""* ON ®rMMU via Uals dw somdus ss i+ 11pw.r —awwNo g 170 '° : 4 71 2 MR 7 SW orLZar� SK ease 2 MraMS 7 emir rFT ..�.l ° —' ds v.ie a 2 7 CAM frr. TeI.Cs.L1d.+F C 2 44L M 7 Mr. Tf. e0 s M 44LIW 7 CAM Fr. A7 Sod. F..1.r .FF6N/fid.K tawr OWANW. NOW t.0M= f\ilefOtee 1 10.11e6 .../r.t mm tts. 27a76e1e Oioi �• rY.s - - t�11 thMr) • hlas flwst 2) •f w. I- mob". to .omrt 1. .w+ •A i116 ins pas • N RM W4ftr. a IIM 111a �a 2) W wt re 4Mis 1rY.r I.. rvlwaa m6Yt6.w s .r oar Mppwr�Y�1rr�+r fiF++wre. rFaiYr . 3) � MYi wiMlr Mw � Fwblr�d iAhem.ann y.aw.w . 4) %J"xr%wW�a.�n■fw�w�oa �.r�I* %* jy OIM for 4) r. " dl Z* tt J� .'ant do Bu _ e) FWM .wwy adFM1.d . F1r 7. few . C4mpw6p wr w datnMr 1k empoS 6 t. 7 m t 2WO . fi6iaY 'w ru a) m Mw.a a sa yo.. +h. w as.r�ifw —dMi, way MWA—ft . 6.4 - Li em.. d *� o+nrraa w a M iM OP 7 ) F.r nfw phm wr O V of Sikd John Srwl 9n.ta Pl.. 11 ! 7 i i 7) Fear V .Ire 46 r'r r�/.a —.7 Im l..tew ?afw�dT i 1. 7365100 .} t 1~ L Sd�t J*. K. 11 . Plan of Stxv4sy dArpentep !� r Shwaft a p @m of 1NWr good JWA zr 2r Om" rs �tw . rl wom- WwwwId . " is + ate`. 2O1M0 Wh- r�iw1 W4 ee. A ►�wAr sV r OWIN.F+r �� p�'���<y_3':a,:,� �3_ M.. s�uwtok lsw du wMnweu- sw..rd� �� trrwr ...wni wyii ';k' S • e M 10 20 r�- O _ MFM�r '�.a.�r •: ■ 00.W mt . d.. r. p 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 W PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT s ro ,�• RM -1 � F n 0 s` , ty ° O Of o° �y 0Q 6 W y m °n , �r 4 i a � •w 9 A I � � G "_1 u J 04 / ssy ��. VC, • r�r`'S ■�r I �,F RM 1 >. — ch. LoEh"4'Orat*n — m f l -" I I —� PID(s) /NIP(s): Subject Site /site en question: 55188445 00467118, Location: 24 -40 & 23- 37,cour Linda Court 00467100, 00467076, 00467084, and Date: April /aril 06, 2010 00467092 Scale /6chelle: Not to scale /Pas a 1'echelle 29 R-M— I:• BR w 17 RM -1 PID 00379669 Land for Public Purposes ?fo -1 �r s A RM -1 6 M � r +wry 17 PID 00467142 Interim Land for Public Purposes ph. LaRIY L15T��'R 6'r.r,•`•' n. .— ....... 30 N N N O H C�V q U c a r 2 airy c V u aai Ln�c � � r Uy a J Irving Oil Limited RD 30134 New Bn, nrwick Pa.er Troiamsaian Corporotien� 5- Pllan lesi R Sea Fik 31, No. 21 R A.E. McKay Builders Ltd. PID 313666 (Far ra- 0evebpmwvt) Q. 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 Sea Pb, No, SG6 I . Sae Plon� �NO. 356 t I aI I 1�" 106.3 c 58.0 D1 i � c g e A.E. McKay Builders Ltd. Linda Crescent PID 713B6fi a' {for Future Developmtnt) 5R.3 58.0 �� I I sea l i I I I n-2 Lot 76 -1 Ts I k°n I °� S. Li %, sae P1r, No 35e �.a i Lot o-4]} TLot X0-11 L) z I A ea J I J I 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 L. Linda Crescent I aa-.I Lot 10 -3 I Area i 3450 sq.m. I -1 1 e � I' ! n I i Typical Lot Layout (Scolc . 1:500) r a }. Bg Z4 s Fab a�Ma. e5y ' Key Plan Rat = 125,000 i � - St—rd s„rvtr morxtr frond 0 51.15 - Standard rurvry marker xt Rier - Round iron hor found ■ IBF - Squa im, bar lours O IPF - Trod pipe found Ip1E'4 1, Apmultg erW Co- ordinate valuer refer to 1Ar �(5f l,q pa Arm Wa L, n �1' F'ft l3 k -,&• 'See A, • A, I -14 an �' 775 _ Q 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 A -Arc R - Rack.. RadPL - Raak. point 4. Lards aealt iwilh by Nis plan are boil -- than C F- eentrNin� I i� O/ 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 ' Ip1E'4 1, Apmultg erW Co- ordinate valuer refer to 1Ar �(5f l,q pa Arm Wa L, n �1' F'ft l3 k -,&• 'See A, • A, I -14 an �' 775 _ 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 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 ry- nearrrt CENTIMETRE. a 4. Lards aealt iwilh by Nis plan are boil -- than C 5. Peripheral hrdmmoliod end adjacent names .ere i� O/ derived 1mm -kw, raurcee oM rkwuld be vad ied. 6. NI pbne and dacumenlr referenced - recorded 0 V in the Registry INrrce of the Calmllr of S.Tnt John or m the Prodnctal Land TRler Registry. u/ 0 v / 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 M N N N O t- N M Irving Oil Limited ARFA --- Ne FkD 313734 --�. ^ Tf-4- lamT_ Po.x T.- No. 1 C«poroSion Line No. 10, 3- - _ - — - — See Pj- rill See Penn rk 3t. Nn. 21 - — - - *r- - — - - - - - -� —_ _.-F . Key Plan m Lot 98 -1 Scale = 1:25.0110 aSee Plpn No. 200701 4S SUF - Stgrwerd sur.ey maker 1- p d A.E. McKay Builders Ltd. Q SMS - Standard wre mocker set r PID 313686 013F - Rq na ran bar ra na ■ InF bar ,curd of..-I C V 6 (For Future D- lopmen() 8 iPF - Son pp. 0 CALL - C°IL°I&M pwinl rP0 0 NBCM - N.B. Co- aranote Monument n O A .m.� Squo m 3��hD1g R Radar Ros.Pt. - ftad.- point v 4 ',� Cstene t° scale Fentt J PID - Pemel itlenafer number - Adj - Adyvsted net. -k _ f V� ;obalated -- ordinate relerenae ` f 0.N.B.L.S. - Msec+atwn qt M -11 Land Sun.e - 1 "- � g ��- 4� 7.7.5 - S8.0 c_ 2e, N aR a. 8g I - Propoeed 8.4ding k Decks ([ �y t 2 tot 10 -2 Lot 10--1 ° qy�F 8/Oc [riding T porgy lumoroed 1M1S Lot 76 -9 34 Lot 76 -10 k e5, H4 t? 4340 s4.m. M. „ 1113TFS- 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 A _ $^ Campuratiana perf. -W and ea- ordinate w1- .3 io Zak•+, 106.3 56.0 p5 ,, _ e 'on No Sf / S, reag+aph� Dwible Projecticm ..d the hIAM3 li 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� (^ p l' 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 J Sre Plan fb. 156 U �J - 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] N M Linda Crescent j Y Ilr wa ��d .� Lot 09 -4 �xt�s r ,r rF {�x�''�.�w "tll�Ly ,, �' r"1„?s�.�t���4�:�r� :r aa,f•.1 �ti�Mw;,t'rkt�e� 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 O E0 (h CV N.B. Grid Co- ardinote Values Liste des coardonfes gEodEsCque du N.B. Point tasting NortM1iey Monument 3 2532333.323 7365147279 SMS 11 2532350.692 7365173 A29 SMS 13 k TO 2532379.112 2M232, ]365091X40 7355132 .36, SH6 CALL ' 71 2552135.9?9 7165110?a0 c" 72 2532355.606 7365067.1104 CALL 576 2532Q 09) 7365179,M Rad.N. 907 2532327337 ]365137.735 P 27"M3 914 14M 2532326.737 2532361300 7365140959 7Y. 0O D0 3 SYr SMS 1451 2532366 644 7363100- -781 SMS 1452 2532352.86, 7365119.741 SMS 3606 21117 2532327374 2532617379 7304975.666 7365029.561 Ma (Adj) NBcM (M1) i Sate Fx[m -� 1.aW030 FatN� e'dJ1nb mmnibe u11M - APPROVALS: xo. ]p5f�5 y m +1_a e•• 'or o� Lot 2006 -2 Prn No. 21628281 PO 55179564 1\ He �h G TIRE OOCU EWATIW Plm Tie 41. Nu W EASTER k CHARTERED TRUST COMPANY I. THE CnY OF SAINT JON. - d ". M9rcn 17. 1946 Poge�Igm ai umber 329193. Yalume 164. N The 0" d S-1 Jan.. S,elule4 a Ne. Rrunsrie4 1917, R G4an14 Y, C1 "- 47, S-11- 2. TITRE DOGILMOMAIM pan dossier 41. Na. 0o PronMnotle S-- - Raw 0.0k. 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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 .- s �' 1. J +i1;t' . -•1 n� •1 r - Q ^{ V-4, .gyp' r aMiF.V •�,'� i,: jy `Y•' N PR9AMATE AREA ,' y, . EN'S.. � r g� t 7�+' � civic 416 �' � 55� 3 ft f CPAC# 420 MARTHA ANNSGAREY fi pG 55OM70 r NE�f AM QANI CIMC# 432 uowivFNG D011 qs PIDf 55005852 CHRISTINE S igSfMENT - 21.3 x P!G PRY �, MARY RTTCHIE t PROPOSED STORM SEWER y'''^� TMam` -- EMSTING STORM SEWER :kv,. P1Q/ 55UGl1� y �, tx " 55107254a� ' MARY,. RtTCHIE k ° n 1 � CI41CLA24 } 0 PIDO s r Ire PID CE BRENTWOOD CRESCENT STORM SEWER 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 rt 1.111 V0 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 RX 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 � Ei1 qA4W 0 FLOG ER - a cadienn esp +,hires 1PAIr 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 1.11 f-. 4• 4 i •��. '4 F 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 )� � Ar, ,, 6; 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 RIS] pi��.rx� � :..tirrr H.aTriC�n w ctrc e - M h i im PARTNERSHIPS with Ambassadors • Public and private organisations • Cities, towns, villages • Residents of the province • You DZ,1 in � -- .y Thank you TEL/TEL. 1506♦ 4442024 103, RUE CHURCH STREET W J Thy C. 15061 453 -3363 FREDERCtON, �-B E3E 4C8 NEW BRUNSWICK COWIR31M DE LA PROVINCIAL CAFfrAL CAPrFALEPROMNCLALE COMMISSION DU N0IJVEMAftN5WCK q. I Co,) 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 v k—!6 Street / Rue Applicant's Interest in Property / Intdrdt de demandeurs dan la propridtd What is your Proposal? 1 En quoi consiste votre proposition? () w+nCr 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 0 C Sep- to( chwe s A " ) =M"VIA 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 92 ur C L� T /q rn/ Elt -� r i Q IOT _ !' &GA3 VieLIL) v'4 cor-I� 94 C&r/t /L C — r- ZCI C-f 7-2 L) -.-7 6? ��' efc.;- -v 29 /--' L� " DR 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 % O tl RF f RF 1M 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 0 2- Cop-jr,j^oe ^ -s," m, A- eo eta o c0 e"-oo Oto Loo 108 j. 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� 11-L11—_ 22.� L CO& I cob ]POSW ... C�? L—,D\ Telephone M=ber / Numft de tdkOooe 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 ) G Address / Admsm - / rj r) r Fropaft Idorm0lon / Renseipemenis enr la preprM Loftdon / Emplaeemmt Civic # / No dg yogic Street /Rue Code l Code , l a ;LL- "), Lot Area r SuperHcie da lot 8 0 Z �( _4sftd h amssge r tae sff nu b b 109 FID / NIP Fadsting Use of Fropeaty / u iIieatioa acmue at Ia FvFM r -1 cA, 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 phawpV* buddingplam, rlevadon drawbw and any otharfmw of 0ormwim Mplarn WW show the dOnwift r of "the property. dw WOW gfaff bW&Mp dr vewRYS paTktng WVM Iundacaping aped signs it is mrportod that the deli wft between the prapa V boundary mid brdrdbngs are shown Vona ,joumir umpZw du aims d I'MMUS Whistrod vm&c pMpWftk r vase 4g MfMffaff7& des photagna Ma, des plans de hdlg ales dos W de plan d'dlivatim at to=ps awre forme de remefrwmeW U plan dolt in`gxer lea dimemiom de is pMrijtd Pm pkwmeai do la swtedid do bdtlenet f, also alleles, des air" da nmjmwmpu� dea tea& pcoagera d daepmm= de signalisallon. DTI at bnponaW dIndigntar la diatmwa mere laa limiter de la propri*Mf d lar bdtdrIatr. provide reaeaos why diem ameWments should be approved, l FoMMIr t x t MM nmsdPOMMA conaetneat votra psopoa00n Mani %nvrrait @tre a MM17VA Or_ Provide NW outer b&rmietion about ym p upoW emwould be ho *W. I Paanir tom e&+o rmaelg=PoW caaxanmt vaoa oromaitioe aui vorardt Aim utile, , "b � oo Appiiaatlou Fee Emlosed f CliohA ke frais de demande de 400 Yyou are not the owmw ifthe lod in gnwtios: St Vow nWa pas Ie prnpMdtatre du terrabn an gnaadom plsasa have tha owner sign below, 1We signdtw+e of vrulllea obt nir la siVudgm cb prnparidtairc dWn Ito partic aka &*wer fs w d&mbr ng Mu cppli 4don to procaad d- dsesam Ld &0+an" Stec preprsftaft mttortaant le for coratderafon by Cor„ "M COVWL watfs> mm ale la prd ate dew pow qzm cats dmWhre salt exams par L 40 OWMI Sig an" of OWM (if applicable) Signedrare drug prophdt*e (s'il y a Itau) Data- ill r", G� 122' 54' 61' 1� 7' 13.7' 26.5' 25' 32' 12' 7.8' 40.2 36' r-4o kx- 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 r♦ P H i• i 6f x 5: w Ci. H Y �� 37 x �Q 7e ♦ If 7, a! is 71 2• ,P rMi 71 to V M VO ,i Fob r` ,_4 x 41 �r H 4 �A Y r ♦,• ]7 37 a y. A ,6 n N as OF* 4F'/ ,6 26 4p, 17 n We H / F ♦ a • 77 S� ,M `♦ ,x 'e 6 ♦ a L ♦��`r ur r r♦ in � an � ♦rte ,x of .. > ,6 a 1. 16 m 1% in It R -2 H a ®" S � n x „m c 0 it tit or 6 44 „6 6 nr 77 ,i 6 5 }: 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.. K 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 9902120n..... SrREE� �i�1f�L w �iGfVE - - - - - - DATE FEBRUARY 24. D !NCR r f 3 E 1 r-�1 pE Vy RuE (STREET rN Lit: REFEREZ -VpUS %" SHEET $g N EET WIDTH VgR1E/��I� s'�'�� fiEUlLLE DE VILLE 5. C4 ALq LARGEVR pE to SEAL DATE: JULY 20, 2008 W R OF VAR1E) w C14 L 2 1 _----0 2 4 "09— 6=mmmml SCALE DRAWN BY:EDES FIELD BOOK: JOB NO.09-4207F 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. 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Mai► erunaaiok . .m sync .lope . iW.aO_ ourAodd V �. 7e4 O5. 4 - P - IQ 1■ #■ i0.5(a) 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; 153 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 .. .��;! *�r.r. - > .. n4 r.. ..��;M �.:.A�WA.'ti:.:.'.e.�:��`'F �'-�� .. � .,.��e;1�:.w�^.kd+� ,. '•a w. � . n:.. .. . LANDSCAPED LANDSCAPED z s CIVIC #1666 I ' I GARAGE i I i Q I I 1j 5 I I - -- — ------------ -- -- - I Ca IW I LOT 3 --------------- - - - -- LANDSCAPED LOT 2 E I ol • f 1k • I LANDSCAPED LOT 1 N OTE: HEALTHY MATURE EXISTING TREES TO REMAIN WHERE POSSIBLE �y ApQl�rd�i'� MAR 2 3 2014 a 10 WeIr. 0 DIMENSION IN METERS (NP.) EXISTING LARGE SPRUCE TREES (2 REMOVED) EXISTING TREES & SHRUBS TO REMAIN 666 111CKEl' ROAD FIROF05ED 5UD-DIV15ON PLAN DRAWL BY DATE` SCALE DWG. NO. TS "4 MARCH 2010. C -3 r N ..w E.:. s LANDSCAPED z s CIVIC #1666 I ' I GARAGE i I i Q I I 1j 5 I I - -- — ------------ -- -- - I Ca IW I LOT 3 --------------- - - - -- LANDSCAPED LOT 2 E I ol • f 1k • I LANDSCAPED LOT 1 N OTE: HEALTHY MATURE EXISTING TREES TO REMAIN WHERE POSSIBLE �y ApQl�rd�i'� MAR 2 3 2014 a 10 WeIr. 0 DIMENSION IN METERS (NP.) EXISTING LARGE SPRUCE TREES (2 REMOVED) EXISTING TREES & SHRUBS TO REMAIN 666 111CKEl' ROAD FIROF05ED 5UD-DIV15ON PLAN DRAWL BY DATE` SCALE DWG. NO. TS "4 MARCH 2010. C -3 r 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. 10-48 183 m 184 N W E 5 cil HICKEY ROAD 54t CIVIC #1666 L 14.Q 13.7 w GARAGE 55198402 5if LOT 3 Q 882 S.M. 06 .H 00 ------------------------ 47f LOT 2 cr 810 S.M. r Nr - ---- ----- - - - --- - - - - -- LOT 1 738 s.m. 39t LOT 09 -01 PLOT PLAN n PAVED DRIVEWAY LANDSCAPED BRICK PAVER WALKWAY i 11.0 cn w 5.2 o w < a o z m PAVED DRIVEWAY TYPICAL LOT PLAN I EGG HICKEY ROAD PROPOSED 5UB- DIV15ION PLAN OPTION A DRAWN by DATE 5CALE DWG. NO. T5 JAN. 2010 C-1 I N HICKEY ROAD 54f � I w E o CIVIC #1666 I 5 ! 14. U � I I I GARAGE 55198402 I I 5� 65' . }SOAPED - _ - - - - -_ - - -44f _ ___._j TYP. DIMN'S 8 LOT 3� a � A 756 s.m. o a 06 v r I a v--- - - - - -- — _- - -- � -c — LANDSCAPED LOT 2 I 684 s.m. L I w 14.7 38t LANDSCAPED ----------------- ----- — - 43t LOT 1 co 738 s. 39f LOT 09 -01 PLOT PLAN W-11 GGG HICKEY ROAD PROP05ED 5UB- DIV15ION PLAN OPTION B DP.AWN BY DATE SCALE DWG. NO. T5 FEB, 2010 C-2 HIMIM MONT ELEVATION 51DE ELEVATION THREE BEDROOM DUPLEX ELEVATIONS DRAWN BY DATE I 5CALf DWG. N0. T5 I JAN. 2010 1 1 A -2 I MAIN FLOOR PLAN SECOND FLOOR PLAN THREE BEDROOM DUPLEX. FLOOR PLANS DRAWN BY DATE SCALE DWG, N0. T5 I JAN. 2010 1 1 A- I APPROVALS f4 T ter! a ll Legend �..- .. -- -- 9..►. Pe.L Pwra __ >4ia.l llr A —___ FrtlW 9i.wF w.lw F— ...^man MMe F- ® Hickey Road Parcel "B" # 2323 m' _ 4 JTI •f \ (app—d. lac^tian) 0a Of RM -2'' RS -2 } 4w Hat. 7 Parcel "A`1 1710 39 + o z a Z Registration Data Dana Name - Wanda yam MGreday Piz.: 5503yg9j EF{a #w Date 1 __ yNtnaaanl : inaiaf.r f a.rr a Lynn Me aalrw PU 00334755 0— 3143-M y L 1641 Pg. 1 flag. 1994 GrMf ! .wqe Lyn. McFaakn. Hake ! PD 5507D007 U... 362346 W. 1424 Pg. 43 Ro, 1990 0.- P .— rlR r r Pa. 2991! i " ! L j 2961 — 1' N a oo OJ I i 1�1 i Oakhill Cresent n g Z b C J 1 :1 :1 a.. fd. F52 Man W t 9 L f Na. ' 0 I A G � do A............ r- . ► .... V . Scow I 1 40.000 L DV—AW. — M. 9. Gdd aid —Ah. drk-W Ram GP.& ob4. lo- - H.B. Man'.. 3672. 3679. 3962 -aM 94003. (b — 1u063 CSRS t Y — N.S. U— 941003) 2. AN dMascaa we in m.tnw , to rx—I to r.PrW or- 4mk.6, d.itle by 0.3049. 1 Area of —W aAkMd f" �n+�9 . ➢aIW end fto m gbn —Mlad Fmm •.kl 4a�ron. 4. N d.9wwnt and plan ntr.nc.. ntw b ttw P•9 " at6ct tar Sant 4" C-"). 5. 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Pumose Of Plan W .—be lop M-4)' and D9-02 New Brunawief< Grid Co— Ordinate Values Sta. K Y I Rm4a. Tentative Plan McFarlane Property, Hickey Road, City of Saint John, Saint John County, New Brunswick ; d crta" Cara HUG7i:1'S H XvxYS A'. C NMULTAN" 4NG. Slr..7a. by feb. 16 20D9 A.. erwa jd Weld 10 0 10 20 30 40 1 : 5% Pisk Hq m4lr. 5g9O41 W 2WP j. ft_ i .ES. 9-041 -R µ /CC. -1t3A 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 Vol its; Al Y' F�� aAa E {� -R• y! r 0 ".4 ' k x "%C A.- .� S:_- IVE 7th - • a.. _r R C sa'� Ills 11 16�- �S f. _ � .Ji -.s _ � t+: - .. -+ r �F_ rY- � li-. � � •i !rL 3�4.. Y: � i � - �a+2.'. a: � FOR•, '' $:- atk r. -� jam; 4 !� �a! `� }� �•• _�`�,- '�'- �'i��u. � � � � `�i ? -sx- : ''i- _ a,Y `�r *.'._ `w �- k - '+� - rte• - ..:"�' ..�- T �..i,.� _ "if'� - �'.' --1k-" �_ -';, r:,� - �y e - k 4 :9. 'p4� .�, �� � � »• � `�mi �� IL �y ,i. ` r�"^ �x,� "R'y ,' s••ric At' s°a . Mist o Mp�' M' MIFF Ann C d MAR -18 -2010 07:37 Prom: To:' X CO U e 'M ((,'t,Uch 101 aO I 0 �R A ropoSD� ��� 1( �b H'c -b�Qoul Afl,e44i.@n, mal-K �mclP, Rpr beo_,A_ 0 0 r- MAR i 8 2010 �� 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 R a:r,• 4 n •if i 6 c 1107 • .± i - w••44h•h6 w 2 i G d •- i - 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 ' STAR .1olw RIPER DOCUMENT'. 19461145 REGISTERED-' 2004 -I1 -16 THEDOCUMENTT NUMBERS REFERRED TO ON THIS PLAN ARE ti v / %+ 4pQ Y.1 r "y\ ,�TkNe- I O1N*7i,5 S LOCALITY SKETCH -AS USED HEREIN. THE WORO CERTIFY SHALL MEAN AN 0301 LEGEND 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 p y DOMAN OF A LAWYER, NOR 70 THE ZOIMND ,le SETBACK •.e w� O cnn.s•M1n f4 - CERTIFICATION IS NOT MADE AS TO COVENANTS SET OUT N cr1+MaMa as,1a+,1.,sa Mm S sooaMa® M -INITIAL FIELD SURVEY WAS COMPLETED Meth DD, YYYY. w Mc srAwM 1..M11aM nn nrtisNS oo.MM.M.� MsoeaM� KhO . 0 _ � muawanrt • rQ (D ' LOT D IPURPOSE OF PLAN -TO AMEND LOT 03 -0I, PLAN 19275859. -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 eR IW! 8111 AIIK w 0Y M YIP1 svROw.n1lc oae1F r.¢t�clrs Am1� M➢aFfeMU As MW.YIWO IV sE11YCE Ytl[S 16-11 WeSTFI EL D F-C*D LAND TITLES DATA: NOT - BONNIE LYNN DUFFY - 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 ,�TkNe- - ADJACENT OWNER INFORMATION OBTANED FROM SNB O1N*7i,5 S RECORDS. -AS USED HEREIN. THE WORO CERTIFY SHALL MEAN AN EXPRESSION OFRHE CONSULTANTS PROFESSIONAL OPYYON TO 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 y DOMAN OF A LAWYER, NOR 70 THE ZOIMND ,le SETBACK Ai NasoNST CAMS08053 -936 SY -LAWS OR REGULATHIRS. BEND THE DOMAIN OF A DEVEDPMEN7 OFFICER. - 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 -INITIAL FIELD SURVEY WAS COMPLETED Meth DD, YYYY. AMENDING SUMMSWN PLMI: "N LAX COPRORA71ON SQBDl)dSjQN (AMENING PLAN 'JOHN LAW CORPORA" SUBpW19g1-. PLAN 19275856) SITUATED HEST OF YiESTFEIA ROAD. CITY OF SAINT JOHN. COLNTY OF SAINT JOHN. PROVINCE OF NEW BRUNSWICK SCALE ISW T,TnWIn l:Itaq Ir1t, NIO MJn IL, SsMll� BT30 A SaN AeM,Nw Bnrakk tbrrain Smwg-FD s 77f xJEHCE CF P1tAC11CwL Bp.UTgN6 �wv..rrtaipspm.. �STkiEMEM[T- 1 HERBY CERIFY mar THIS PLAN 6 C(RfROCT. 8- TENTATIVE Al. Vi N.Bd.S. NQ "mL SURVEYED BY: ANDREW K. TOLE, N.BlS, DATED: MARCH 19, 2018 0379 y e Wft ART AIIR + r Ai NasoNST CAMS08053 -936 APPROVAL.$ N (D 00- S - �ALfIA -] . •I! A�l�/l r LSD e� nf�� MWSTER OF NATrIURAL RESOUR= - Nt"CE OF NEW BRUMSVKX Vul^tNGUHI rr%m_ LING3 UMIT£D , , 1Lram ag4XA) of THE QCENL m RAmac ACT, T0T3- - D SCRf4 H --TO YEST IN THE CITY (F SAINT JON (THE 4UNI WAUTT) A LANG WnM DATA: M19NCPAL SMACE3 EASEMENT gilm lHus — _. arKr s � mwmm d Mr-�-^.�-T>. COMLROETY FLANTNIIN ACT, 1071 . L F= Mk DOCtAlM 27018433 — WIECRONS ME NAL GRID A2W/IS OER1119 FROM THE KEEL mms7 tm omaI F8 fq, 2009 OW M1010J ENTS TABULATED HEREON. 610ER'9 SIpIATLHAE —THE SCALE - FACTOR UM HAS IODOM _11m DOCUMENT NLNK tS RE7EIEED TO ON THIS PLAN ARE em.o. � wnt / .rr .. ' 0 T]FRES M OFRE COtSLUAR S PROFESSONML OPNON TO eWrM �mr at• r� THE MT CF 113 MORIEATKK 1010MLEDOE AND DEJ F. AND NTUI DOES NOT CONSTE A TTARRANTY OR QIARANTEE By THE �aoae. rwcr rs. Vul^tNGUHI rr%m_ LING3 UMIT£D , , 1Lram LEGEND ag4XA) of THE QCENL m RAmac ACT, T0T3- - D SCRf4 H --TO YEST IN THE CITY (F SAINT JON (THE 4UNI WAUTT) A LANG WnM DATA: M19NCPAL SMACE3 EASEMENT gilm lHus — _. arKr s � mwmm Rl*WATR TO SECTION 4, REWILATICH M -21r_OF TFE NARY LEANNE STAAIp1T AND %LUAU HARLAND COMLROETY FLANTNIIN ACT, 1071 . SIRACHT O - DOCtAlM 27018433 — WIECRONS ME NAL GRID A2W/IS OER1119 FROM THE KEEL mms7 tm omaI F8 fq, 2009 OW M1010J ENTS TABULATED HEREON. 610ER'9 SIpIATLHAE —THE SCALE - FACTOR UM HAS IODOM _11m DOCUMENT NLNK tS RE7EIEED TO ON THIS PLAN ARE em.o. � wnt / .rr THOi DF 71E C01 w RE09TRY OFROE. ' —AS 1NSEO 1EREM1. THE WOW CEITWT $"Am WAN AN T]FRES M OFRE COtSLUAR S PROFESSONML OPNON TO eWrM �mr at• r� THE MT CF 113 MORIEATKK 1010MLEDOE AND DEJ F. AND NTUI DOES NOT CONSTE A TTARRANTY OR QIARANTEE By THE �aoae. rwcr rs. CONSULTANT. � -ADAMU WOW ADM 00TANM FROM SID fw.r wrM . i MARY LEAN NE SIRAWNT -ALL DISTANCES BONN ARE CALDU-ATEO MR mrANCES. xe. rw,o - CV"WrJLTIM NS NOT MAW AS TO LEGAL TITLE, ROW THE 1 DQMAN Cr A LAWVM NOR 70 TIE Z"G Jt SETBACK cos w "MEOW LEY -LAMS OR REOXARONS, EfNO DE DOMAIN OF A 0EI1ELOPAENT OFFICER. - CERWrATION IS NOT MADE AS TO CDVENANTS SET CUT IN /fawn THE 000113ENIKS) AND TTE LOCATION OF ANY L IDENCROUND M SERYNCES AFq/OR F11flLaE5, Poo AAETTT opt OTmemisE YATLIAM HARLAND SWAKHT —M9TIAL F'ELD 5URbLY TN1S CCI FL.ETEO SEP1010ER 27, MO. LEGEND D SCRf4 H I S"m DES(" arKr s � mwmm A Fl a.ais...+..d. O - nw.AO meaiwx .sn p em.o. � wnt / .rr e4w,.f eWrM �mr at• r� g �aoae. rwcr rs. Q � ti fw.r wrM . i IIMIL r xe. rw,o O 1 J,.4 cos w "MEOW • NeK /fawn �iX M we o.aR�ae arw rr. aue�. oaa _ � �ws as wr Maur s..� wwt.ow� •+� O raa.snns ao� we — — — - rn�, +cws �--� uwe � rrelc wrt rwe�,n r... v wRwNe ww r.c.r a�wc.x a ma w nu �rwdt Poi tlwm � A Isdel ��� LMGee 1�. (4 u� � ann n av ,wnv/uwm c.u�r � r as rd N O (9 APPROVALS a n.Y mn.R CHRISTA DAMN MACINNI$ CANO By S.WIT . mm N1 rrwrt et PARCEL `CY ro� WESTFIELD ROAD pia t" WESTFIEL.D ROAD w 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 sml000w..c oolRlc moocaow ,vo TI[ xrnn(an1 P1r''6 10 R""�eq`y JAMES RONALD MOBS Wj$ VVES ?r—1 E:LD LOT 94--7 n aamn IM>� wJ 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 ^ S.OY sm.o.00-Ywr.le, ® .W�r<.o -ADJACENT 011NEIt NFOMIATiON CBTANIED FROM :IB E TER W MA74 N eaosr w.nr ro1r LI n 14 SO9d338WiG stiYS •P. W /On.O � Y{ZI.I[ 4 eeY IR Rl.e Q uP.! w+.w.1slYYip.gq.corn EwRESSHM OFRE CONSIILTANYS PROFES9ONAL OPINION TO STAlEhl)(T THE BEST OF IT'S NFDIOIATUON, KNo LEDGE AHD.BEIIEF. AND 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. B om.on /.a.c /..a xr.�ry 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 -11 D - INITIAL FELD. SURVEY WAS COIFLEIEU U—th DD. YYYY. ,I® Iv blrw CAEt506057 -932 �Yiw G�lYIOI h Ten mew a1e..1.r I.cs _ - - °-- Muse TaYOO umn u.Tn.i AMU[ YIU.Y FAbeR f�llUiGR10 1..0 vfb vaa p1g11 G1 40( 4YOS NwL1 SIR n N M1M Pupft5E OF PLAN 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 -ADJACENT 011NEIt NFOMIATiON CBTANIED FROM :IB E TER W MA74 N n 14 SO9d338WiG RECORDS SB9.aw.mle -AS USED HEREN, THE WORD CERTIFY SHAD., MEAN AN 7T! aL,er� a lNACT1CA4 salanKAan w+.w.1slYYip.gq.corn EwRESSHM OFRE CONSIILTANYS PROFES9ONAL OPINION TO STAlEhl)(T THE BEST OF IT'S NFDIOIATUON, KNo LEDGE AHD.BEIIEF. AND 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 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. ,I® Iv blrw CAEt506057 -932