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2010-07-05_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 05, 2010 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Approval of Minutes 1.1 Employment Matter 10.2(4)0) 1.2 Legal Opinion 10.2(4)(c,f,g) 1.3 Employment Matter 10.2(4)0) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of June 14, 2010 2.2 Minutes of June 21, 2010 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Teed Letter: Sloven Attractions (Recommendation: Refer to the Destination Marketing Organization) 5.2 UNB Saint John Commons Project Letter of Appreciation (Recommendation: Receive for Information) 5.3 Proposed Public Hearing 4361 Loch Lomond Rd (Recommendation in Report) 5.4 Stop -up and Close Portion of St. James Street (Recommendation in Report) 5.5 Woodward Ave - Pressure Reducing Valve and Chamber Renewal, Contract No. 2009 -35 (Recommendation in Report) 5.6 Design and Construction Management Westmorland Rd (Westmorland Mall to Kervin Rd) Roadway Reconstruction (Recommendation in Report) 5.7 Friends of Rockwood Park and SPRNG Letter: Sandy Point Rd Planning Study (Recommendation: Refer to City Manager) 5.8 Engagement of Engineering Consultant (Recommendation in Report) 5.9 Lancaster Lagoon Waste Water Treatment Facility Standby Diesel Generator and Variable Frequency Drives Update, Contract 2009 -21 (Recommendation in Report) 5.10 High Efficiency Motors Lancaster Waste Water Treatment Facility RFP 2010 610501P (Recommendation in Report) 5.11 Tender for Splash Pads & Skating Rink Flemming Court and Rainbow Park (Recommendation in Report) 5.12 Accessibility Upgrade Peter Murray Arena (Recommendation in Report) 5.13 Saint John Airport: Response to Re- Naming of Airport (Recommendation: Receive for Information) 5.14 Sale of Land to James & Linda Enterprise Inc. (Recommendation in Report) 5.15 Sale of Land in Rockwood Park (Recommendation in Report) 5.16 Rural Roads Upgrade Project (Recommendation in Report) 5.17 Teed Letter: Support for Saint John Blood Processing Laboratory (Recommendation: Receive for Information) 5.18 Contract Amendment - Aliant Ethernet Services (Recommendation in Report) 5.19 Bell Aliant Loyalty Discount Program (Recommendation in Report) 5.20 Purchase of Licences for Microsoft Software (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 New Brunswick Storytent Launch Day July 5, 2010 7.2 Charles Gorman Day July 6th, 2010 8. Delegations/ Presentations 8.1 Website Redevelopment 9. Public Hearings 7:00 p.m. 9.1(a,b) Proposed Municipal Plan & Zoning By -Law Amendment 47 -51 and 63- 69 Ross St and 72 -74 St. James St 9.1(c) Planning Advisory Committee Recommending Municipal Plan Amendment 9.2(a) Proposed Zoning By -Law Amendment 885 Danells Drive 9.2(b) Letter of opposition 9.2(c) Planning Advisory Committee Recommending Rezoning 10. Consideration of By -laws 10.1 Third reading Traffic By -Law Amendment Re: Minimum Fine Amount 10.2 Third Reading Traffic By -Law Amendment Re: Authority to Enforce 10.3 Public Presentation - Proposed Municipal Plan Amendment 231 1/2 Milford Road 11. Submissions by Council Members 11.1 Funding for Water Utility (Deputy Mayor Chase) 12. Business Matters - Municipal Officers 12.1 City Manager: Sandy Point Road Planning Study 12.2 City Manager: Update on Bridge Rd Simms Corner Fairville Boulevard Corridor 12.3 City Manager: Update on Active Transportation Route Harbour Passage Alternative 13. Committee Reports 13.1 Saint John Industrial Parks: Industrial Development and Real Estate Tax Revenue 13.2 Enterprise Saint John: Council's Request for Input - Industrial Parks/Renewable Energy 13.3 Saint John Board of Police Commissioners: Traffic Inconveniences on Harbour Bridge 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment The City of Saint John Seance du conseil communal Le lundi 5 juillet 2010 Comit6 pl6nier 1.Ouverture de la seance 17 h — Salle de conference, 8e 6tage, hotel de ville 1.0 Approbation du proces- verbal 1.1 Question relative a 1'emploi — alinea 10.2(4)j) 1.2 Avis juridique — alinea 10.2(4)c,f,g) 1.3 Question relative a 1'emploi — alinea 10.2(4)j) Seance ordinaire 1.Ouverture de la s6ance, suivie de la priere 18 h 30 Salle du conseil 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 14 juin 2010 2.2 Proces- verbal de la s6ance tenue le 21 juin 2010 3. Adoption de Fordre du jour 4. Divulgations de conflits d'int6rUs 5. Questions soumises i Papprobation du conseil 5.1 Lettre de M. Teed concernant les attractions Sloven (recommandation: transmettre a l'Organisation de marketing de destinations) 5.2 Lettre de remerciements concernant le projet des aires communes de l'Universit& du Nouveau - Brunswick de Saint John (recommandation : accepter a titre informatif) 5.3 Date propos6e pour la tenue d'audiences publiques visant le 4361, chemin Loch Lomond (recommandation figurant au rapport) 5.4 Fermeture et barrage d'une partie de la rue St. James (recommandation figurant au rapport) 5.5 Avenue Woodward — renouvellement de la valve et de la chambre de d6tente de pression — contrat n° 2009 -35 (recommandation figurant au rapport) 5.6 Gestion de la conception et de la construction visant la r6fection du chemin Westmorland (du centre commercial Westmorland au chemin Kervin) (recommandation figurant au rapport) 5.7 Lettre reque du groupe Friends of Rockwood Park et de SPRING concernant 1'6tude de planification portant sur le chemin Sandy Point (recommandation transmettre au directeur g6n6ral) 5.8 Nomination d'un ing6nieur- conseils (recommandation figurant au rapport) 5.9 Installation de traitement des eaux uses du bassin Lancaster — G6n6ratrice diesel autonome et m6canismes d'entrafnement a fr&quence variable — contrat ri 2009 -21 (recommandation figurant au rapport) 5.10 Motors a haut rendement — Installation de traitement des eaux uses de Lancaster — Demande de propositions 2010 610501 P (recommandation figurant au rapport) 5.11 Soumission relative aux fontaines a jets douchants et a une patinoire de la cour Flemming et du parc Rainbow (recommandation figurant au rapport) 5.12 Modernisation de 1'acc&s a 1'ar6na Peter Murray (recommandation figurant au rapport) 5.13 A6roport de Saint John: R6ponse reque concernant le changement de nom de 1'a6roport (recommandation : accepter a titre informatif) 5.14 Vente de bien -fonds a James & Linda Enterprise Inc. (recommandation figurant au rapport) 5.15 Vente de bien -fonds au parc Rockwood (recommandation figurant au rapport) 5.16 Programme de r6fection des routes rurales (recommandation figurant au rapport) 5.17 Lettre de M. Teed concernant le soutien a 1'6gard d'un laboratoire de traitement du sang a Saint John (recommandation : accepter a titre informatif) 5.18 Modifications de 1'entente conclue avec Aliant Ethernet Services (recommandation figurant au rapport) 5.19 Programme de rabais pour assurer la fid6lit6 a Bell Aliant (recommandation figurant au rapport) 5.20 Acquisition de licences pour le logiciel Microsoft (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Journ6e de lancement de Contes sous la tente pendant 1'6t6 au Nouveau - Brunswick — le 5 juillet 2010 7.2 Journ6e Charles Gorman — le 6 juillet 2010 8. D616gations et presentations 8.1 R6am6nagement du site Web 9. Audiences publiques 19h 9.1a), b) Projet de modification du plan municipal et de modification de 1'Arr&6 de zonage visant les 47 -51 et les 63 -69, rue Ross ainsi que les 72 -74, rue St. James 9.1 c) Comit6 consultatif d'urbanisme recommandant la modification du plan municipal 9.2a) Projet de modification de 1'Arr&6 de zonage visant le 885, promenade Danells 9.2b) Lettre d'opposition 9.2c) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 10. ktude des arretes municipaux 10.1 Troisi&me lecture de la modification de 1'Arr6t& relatif a la circulation concernant le montant minimal de 1'amende 10.2 Troisieme lecture de la modification de 1'Arrete relatif a la circulation concernant 1'autorite d'appliquer les dispositions 10.3 Presentation publique relative au projet de modification du plan municipal visant le 231 /z, chemin Milford 11. Interventions des membres du conseil 11.1 Financement du service d'eau (maire suppleant Chase) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Etude de planification portant sur le chemin Sandy Point 12.2 Directeur general : Mise a jour sur le chemin Bridge — coin Simms — couloir du boulevard Fairville 12.3 Directeur general : Mise a jour sur Vautre route sur le pont pour les transports actifs 13. Rapports deposes par les comites 13.1 Pares industriels de Saint John: Recettes des impots fonciers et du developpement industriel 13.2 Enterprise Saint John: Demande du conseil pour obtenir des commentaires — pares industriels /energie renouvelable 13.3 Bureau des commissaires de la police de Saint John: Derangements lies a la circulation sur le pont du port 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance 4 .4 J The ab ofsaint inhn July 2, 2010 His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of July 5, 2010 contains the following items on the agenda: 1.0 Approval of Minutes; 1.1 Employment Matter 10.2(4)0); 1.2 Legal Opinion 10.2(4)(c,f,g); 1.3 Employment Matter 10.2(4)0) 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 ": (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 (f) information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between a solicitor and client in a matter of municipal business (g) litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal (j) labour or employment matters, including the negotiation of collective agreements Sincerely, Jonathan Taylor ,Assistant Common Clerk �r SAINT JOHN P.O. Bux 1.471 Saint Whn, N5 Canadia E2L 40 I www. saintlohn.ca I C.P. 1971 Saint Jahn, N,-E, Canada EA 4L1 4 95 -351 COMMON COUNCIL / CONSEIL COMMUNAL JUNE 14, 2010 /LE 14JUIN 2010 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 14, 2010 — 5:30 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase, Councillors Court, Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan, and Titus -and - P. Woods, City Manager; S. Brittain, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; B. Connell, Deputy Chief of Police; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 14 JUIN 2010 A 17 H 30 Sont prbsents : Ivan Court, maire le maire supplbant Chase et les conseillers Court, Farren, Higgins, Killen, McGuire, Mott, Snook, Sullivan et Titus et P. Woods, directeur gbnbral; S. Brittain, avocat; G. Yeomans, commissaire aux finances et trbsorier; B. Connell, chef de police adjoint; ainsi que E. Gormley, greffibre communale et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer 1. Ouverture de la seance, suivie de la priere 2. Approval of Minutes 2. Approbation du proces- verbal 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuybe par le conseiller McGuire RESOLU que I'ordre du jour de la prbsente seance soit adoptb. A ('issue du vote, la proposition est adoptbe. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5. Questions soumises a I'approbation du conseil 5 95 -352 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 14, 2010 /LE 14 JUIN 2010 6. Members Comments 6. Commentaires presentes par les membres 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8.1 ONE Change Referring to a submitted report, Scott Crawford, President of ONE Change, outlined the services and programs offered by the organization ONE Change. 8. Delegations et presentations 8.1 ONE Change Mentionnant un rapport soumis, Scott Crawford, president de ONE Change, souligne les services et les programmes offerts par ('organisation ONE Change. (Councillor Killen withdrew from the meeting) 8.2 Stonehammer Geopark Bill Merrifield, Chair of Stonehammer UNESCO Geopark Steering Committee, outlined the proposed Stonehammer Geopark project, noting that it is one of 15 applications that were considered by the Global Network of National Geoparks in December 2009. He explained that the final stage of the application process takes place between August 30 and September 2, 2010, adding that he will be providing another update to Council at that time. (Le conseiller Killen quitte la reunion.) 8.2 Projet de geoparc de Stonehammer Bill Merrifield, president du comite directeur de Stonehammer pour un geoparc de I'UNESCO, mentionne le projet de geoparc de Stonehammer en indiquant qu'il s'agit de Tune des 15 demandes qui ont ete etudiees par Global Network of National Geoparks en decembre 2009. 11 explique que 1'etape finale du processus de demande se deroulera entre le 30 aout et le 2 septembre 2010 et qu'il fournira une autre mise a jour au conseil a ce moment -la. (Councilllor Court withdrew from the meeting) 8.5 Canadian Mental Health Assoiciation — Saint John Branch Debbie McCormack and Dawn O'Dell, representing the Canadian Mental Health Association, presented an overview of the services offered by the Saint John Branch of the Canadian Mental Health Association. (Le conseiller Court quitte la reunion.) 8.5 Association canadienne pour la sante mentale — Section de Saint John Debbie McCormack et Dawn O'Dell, representants de I'Association canadienne pour la sante mentale, donnent un aperqu des services offerts par la section de Saint John de cette Association. 8.4 Westside P.A.C.T Referring to a submitted presentation, Marylou Price provided Council with an overview of the services offered by the Westside P.A.C.T. 8.4 Westside P.A.C.T. Faisant reference a une presentation anterieure, Marylou Price presente devant le conseil un aperqu des services offerts par Westside P.A.C.T. 95 -353 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 14, 2010 /LE 14JUIN 2010 8.3 Crescent Valley Resource Centre On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the Clerk be directed to reschedule the presentation from the Crescent Valley Resource Centre to June 21, 2010. Question being taken, the motion was carried. 8.3 Centre de ressources Crescent Valley Proposition du conseiller McGuire Appuybe par le conseiller Sullivan RESOLU clue la greffibre communale soit chargbe de reporter la presentation du centre de ressources Crescent Valley au 21 juin 2010. A ('issue du vote, la proposition est adoptbe. 9. Public Hearings 9. Audiences publiques 10. Consideration of By -laws 10. Etude des arretes municipaux 11. Submissions by Council Members 11. Interventions des membres du conseil 12. Business Matters - Municipal Officers 12. Affaires municipales evoquees par les fonctionnaires municipaux 13. Committee Reports 13. Rapports deposes par les comites 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du Conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 7:00 p.m. 16. Levee de la seance Le maire dbclare clue la seance est levbe b 19 h. Mayor /maire Common Clerk /greffibre communale 7 95 -354 COMMON COUNCIL / CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 21, 2010 - 6:45 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, McGuire, Mott, Snook and Sullivan. - and - P. Woods, City Manager; J. Nugent, City Solicitor; C. Graham, Comptroller; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; K. Forrest, Commissioner of Planning and Development; A. Beckett, Deputy City Manager; W. Reid, Chief of Police; E. Gormley, Common Clerk and K. Tibbits, Administrative Assistant. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 21 JUIN 2010 A 18 H 45 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, McGuire, Mott, Snook et Sullivan et P. Woods, directeur general; J. Nugent, avocat municipal; C. Graham, controleuse; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; W. Edwards, commissaire aux Services d'inspection et des batiments; K. Forrest, commissaire au service Urbanisme et developpement; A. Beckett, directeur general adjoint; W. Reid, chef de police, E. Gormley, greffiere communale et K. Tibbits, adjointe administrative 1. Call To Order — Prayer Mayor Court called the meeting to order and Pastor Clayton Misner of Life Community Church offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur Clayton Misner, de I'eglise Life Community, recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council, held on June 7, 2010 be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller Sullivan Appuyee par le conseiller McGuire II est RESOLU que le proces- verbal de la seance du conseil communal tenue le 7 juin 2010 soit approuve. A I'issue du vote, la proposition est adoptee. 95 -355 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 3. Approval of Agenda On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the withdrawal of Item 11.1 Simms Corner Corridor Improvement and the addition of Items 13.5 Committee of the Whole report Appointment to Committees and 13.6 Committee of the Whole report Long -Term Disability for Management and Non - Union Groups. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Sullivan Appuyee par le conseiller McGuire II est RESOLU que I'ordre du jour de la reunion soit approuve, sous reserve de la suppression du point 11.1 « Amelioration du couloir du coin Simms » et de I'ajout des points 13.5 « Rapport du Comite plenier — Nominations au sein des comites » et 13.6 « Rapport du Comite plenier — Invalidite de longue duree — Personnel de gestion et employes non syndiques ». A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest Mr. Nugent declared a conflict of interest on Item 5.21 Materials Testing and Inspection Services — Asphalt Concrete, Portland Cement Concrete and Soils Compaction for 2010. 4. Divulgations de conflits d'interets M. Nugent declare un conflit d'interets concernant le point 5.21 « Services d'essai des materiaux et d'inspection — beton asphaltique, betons de ciment Portland et travaux de compaction du sol pour 2010 ». 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 233 Westmorland Road 9.1(b) Letter of Support 9.1(c) Letters of Objection 9.1(d) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1060 square metres, located at 233 Westmorland Road, also identified as being PID numbers 320580 and 55081681, from "R -2" One and Two Family Residential to "B -1" Local Business with a letter of support and letters of objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 15, 2010 meeting at which the Committee recommended the rezoning of a parcel of land located at 233 Westmorland Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with Mr. Mark Nason of Margaret Street expressing the view that if businesses are permitted to move into this area, it will increase the traffic flow, further adding that there are areas on Westmorland Road that are zoned for business and there is no need to move the business into a residential area. The Mayor called for members of the public to speak in favour of the re- zoning with Mr. Rick Turner of Hughes Surveys and Consultants appearing on behalf of the applicant. Mr. Turner indicated that his client was in agreement with the Planning Advisory Committee report and recommendations, including the suggested conditions. He expressed the view that this proposal was in line with the 1998 Municipal Plan Amendments adopted by Council. 95 -356 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 Responding to questions from Council members, the Commissioner of Planning stated that although an argument could be made that the application falls within the confines of the section on compatible commercial uses, he emphasized that the business is already in an appropriately designated commercial area. He noted that the proposal is asking that it be moved from this acceptable location to an area largely surrounded by residential land uses. In addition, Mr. Forest indicated that if Council contemplates a spot re- zoning in this area, then it is likely that future re- zonings will be received for similar types of uses, noting that Council should consider the potential long -term impact. Deputy Mayor Chase stated that he felt that this proposal would bring value to the neighbourhood, adding that he does not consider this application to be a spot re- zoning. Councillor Killen stated that he felt the application does fall within the compatible use section of the municipal plan, further adding that the strict conditions on the proposal will enhance the neighbourhood. On motion of Councillor Snook Seconded by Councillor Sullivan RESOLVED that the application to rezone a parcel of land with an area of approximately 1,060 square metres, located at 233 Westmorland Road, also identified as PID numbers 00320580 and 55081681, from "R -2" One and Two Family Residential to "13-1" Local Business, be denied. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Farren, Killen and Mott voting nay. 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arret6 de zonage visant le 223, chemin Westmorland 9.1 b) Lettre a I'appui 9.1 c) Lettres d'opposition 9.1 d) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe « A », plan de zonage de The City of Saint John, en vue du rezonage d'une parcelle de terrain d'une superficie d'environ 1 060 metres carres, situee au 233, chemin Westmorland et portant les NID 320580 et 55081681, pour la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » — a zone commerciale locale « B -1 », et que des lettres d'opposition et une lette d'appui ont ete reques. Le conseil etudie egalement un rapport du Comit6 consultatif d'urbanisme qui contient un exemplaire du rapport du personnel du Service d'urbanisme examine durant la seance du 15 juin 2010 pendant laquelle le Comit6 a recommande le rezonage de la parcelle de terrain situee au 233, chemin Westmorland, telle qu'elle est decrite ci- dessus, sous reserve des conditions stipulees a I'article 39. Le maire invite les membres du public qui s'opposent au rezonage a prendre la parole. Mark Nason, de la rue Margaret, indique que le fait d'autoriser des entreprises a s'etablir dans cette zone aura pour effet d'accroiire la circulation automobile et ajoute qu'il existe deja des zones commerciales sur le chemin Westmorland et qu'il n'est donc pas necessaire d'instaurer une zone commerciale dans une zone residentielle. Le maire invite ensuite les membres du public en faveur du rezonage a exprimer leur appui. Rick Turner, de Hughes Surveys & Consultants, prend la parole au nom du demandeur et indique que son client est d'accord avec le rapport et les recommandations du Comit6 consultatif d'urbanisme, y compris les conditions proposees. II estime que la proposition est conforme aux modifications du plan municipal de 1998 qui ont ete approuvees par le conseil. Repondant aux questions de membres du conseil, le commissaire au service d'urbanisme note que, meme si I'on peut faire valoir que la demande repond aux exigences relatives aux utilisations commerciales compatibles, it ne faut pas oublier que 1'entreprise se trouve deja dans une zone commerciale dument designee. M. Forest ajoute que la demande vise le demenagement d'une entreprise deja situee dans une zone acceptable vers une autre zone en grande partie entouree de quartiers residentiels et que, si le conseil ouvre la voie a un rezonage ponctuel a cet endroit, it est probable 10 95 -357 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 que d'autres demandes de rezonage du meme genre suivront dans I'avenir. II invite le conseil a etudier les incidences a long terme que pourraient avoir de tels changements. Le maire suppleant Chase estime que cette proposition rehausserait la valeur du quartier et it ne la considere pas comme une demande de rezonage ponctuel. Le conseiller Killen est d'avis que la demande respecte la section du plan municipal qui concerne les utilisations compatibles et que les conditions rigoureuses qui s'y rattachent favoriseront une valorisation du quartier. Proposition du conseiller Snook Appuyee par le conseiller Sullivan II est RESOLU que la demande visant le rezonage d'une parcelle de terrain d'une superficie d'environ 1 060 metres carres, situee au 233, chemin Westmorland et portant les NID 00320580 et 55081681, pour la faire passer de zone residentielle — habitations unifamiliales et bifamiliales « R -2 » — a zone commerciale locale « B -1 », soit rejetee. A Tissue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers Farren, Killen et Mott votent contre la proposition. 3.1 Crescent Valley Resource Centre Referring to a submitted presentation, Lisa Morris of the Crescent Valley Resource Centre, provided Council with an overview of the Centre and its services and she responded to questions from members of Council. Mr. Nugent recommended that Council modify the wording of the proposed resolution appearing in Item 5.10 (Acquisition of Floor Space to Build Enterprise Training Facility) for the purpose of formalizing the right to occupy the site for the next ten years and the nature and extent of the City's financial contribution. (Mr. Nugent withdrew from the meeting) 3.1 Centre de ressources Crescent Valley Faisant reference a une presentation soumise, Lisa Morris du Centre de ressources Crescent Valley donne un apergu du Centre et des services qui y sont offerts et repond aux questions des membres du conseil. M. Nugent recommande que le conseil modifie le libelle de la resolution proposee au point 5.10 (Acquisition d'une surface utile en vue de la construction d'installations de formation pour Enterprise Saint John) afin d'y preciser de fagon officielle le droit d'occupation des lieux pour les dix prochaines annees, de meme que la nature et I'ampleur de la contribution financiere de la ville. (M. Nugent quitte la reunion.) 5. Consent Agenda 5.1 Refer to Item 14.1 5.2 That the Enterprise Saint John request to present to Council an update of their 2011 -2013 Strategic Plan be referred to the Clerk to schedule. 5.3 That the Teed letters regarding the Fort Howe Blockhouse be received for information. 5.4 That the Teed letter dated June 4, 2010 regarding Water Safety for All be received for information. 5.5 That the letter dated May 25, 2010 from the Federation of Canadian Municipalities regarding the Green Municipal Fund Study Grant Agreement be received for information. 5.6 That the Proposed Athletic By -law be referred to the City Solicitor. 11 95 -358 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 5.7 That as recommended by the City Manager in the submitted report M &C 2010- 202: Acquisition of Municipal Services Easement 33 Grantham Road, The City of Saint John acquire a 36.5 m2 Easement for Municipal Services over PID number 55181960 from Xin Xin for $764.00 upon the terms and conditions set out in the Agreement of Purchase and Sale submitted with said report and that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.8 That as recommended by the City Manager in the submitted report M &C 2010- 206: Acquisition of Watershed Lands Brawley Lake, Common Council resolves to exchange lands with the Estate of Nellie Fowler under the same terms and conditions as adopted December 7, 2009 save and except the date of closing which shall be on or before June 30, 2010. In all other respects the resolution of December 7, 2009 remains unchanged. 5.9 That as recommended by the City Manager in the submitted report M &C 2010- 210: Proposed Public Hearing Date, Common Council schedule the public hearings for the rezoning applications of John Shea (711 -713 Manawagonish Road) and 651018 N.B. Ltd. (120 -148 City Road) for Monday, July 19, 2010 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.10 Refer to Item 14.2 5.11 That as recommended by the City Manager in the submitted report M &C 2010- 220: Tenders for Plow Trucks, the tender submitted by Applied Pressure Inc. for the supply of two only single axle, 41,000 GVWR cabs and chassis with salter / sander bodies, and front plow assemblies and two only 68,000 GVWR cabs and chassis with combination dumps, front, and side wing / plows in the total amount of $905,382.86 plus tax, be accepted. 5.12 That as recommended by the City Manager in the submitted report M &C 2010- 222: Tender for Tandem Dump Truck, the tender submitted by East Coast International Trucks Inc., in the amount of $139,650.00 plus tax, for the supply of one only new 68,000 GVWR tandem cab and chassis with a standard, heated dump body be accepted. 5.13 That as recommended by the City Manager in the submitted report M &C 2010- 223: Tender forATV, the tender submitted by Brown's Recreation and Auto for the supply of one only 2010 model 750 HDI Argo, in the amount of $34,261.80, plus tax be accepted. 5.14 That as recommended by the City Manager in the submitted report M &C 2010- 221: Proposal for Forestry Truck, the proposal submitted by Metalfab Ltd. for the supply of one only 2010 Ford F550 extended cab, 4 wheel drive cab and chassis, with forestry style body, tanks and pumps, in the amount of $247,681.22, plus tax, be accepted. 5.15 That as recommended by the City Manager in the submitted report M &C 2010- 219: Mountain View Drive and Rothesay Avenue — Roadway Improvements, Contract number 2010 -8: Mountain View Drive and Rothesay Avenue — Roadway Improvements be awarded to the low tenderer, NRB Construction Company Limited, at the tendered price of $556,354.37 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.16 That as recommended by the City Manager in the submitted report Connaught Avenue — Culvert Renewal, Contract number 2009 -28: Connaught Avenue — Culvert Renewal be awarded to the low tenderer, Maguire Excavating Ltd. at the tendered price of $188,880.33 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.17 That as recommended by the City Manager in the submitted report M &C 2010- 203: Chip Seal — 2010, Contract number 2010 -10: Chip Seal, be awarded to the low tenderer, Moncton Construction Inc., at the tendered price of $58,820.34 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 12 95 -359 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 5.18 That as recommended by the City Manager in the submitted report M &C 2010- 217: Contribution Agreement under Parks Canada's National Historic Sites of Canada Cost - Sharing Program — City Market, The City of Saint John enter into a Contribution Agreement with Her Majesty in Right of Canada for the City Market generally in the form and on the terms and conditions set out in the Contribution Agreement submitted with said report and further that the Mayor and Common Clerk be authorized to sign the said Contribution Agreement. 5.19 That the submitted report M &C 2010 -224: Diversity and Inclusion in the Workplace be received for information. 5.20 That the submitted report M &C 2010 -208: Public Information Session Visart Street (Churchill Boulevard to Harrington Street) and Harrington Street (Visart Street to Adelaide Street) be received for information. 5.21 That as recommended by the City Manager in the submitted report M &C 2010- 213: Materials Testing and Inspection Services, the proposal from Gemtec Limited for Materials Testing and Inspection Services — Asphalt Concrete, Portland Cement Concrete and Soils Compaction for 2010 be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.22 That as recommended by the Commissioner of Finance in the submitted report Invoice Luedey Consultants Inc., Common Council approve payment of the outstanding invoice of Luedey Consultants Inc. for work related to the benefits review in the amount of $6000.00 plus expenses and HST. 5.23 That as recommended by the Commissioner of Finance in the submitted report Appointment of Auditors — Saint John Trade and Convention Centre, Grant Thornton, LLP be appointed auditor for the Saint John Trade and Convention Centre for the year ended December 31, 2009 and that the Mayor and Common Clerk be authorized to sign the engagement letter on behalf of The City of Saint John. 5.24 That the Website Redevelopment presentation requested in the submitted report M &C 2010 -212 be referred to the Clerk to schedule for the meeting of July 5, 2010. 5.25 That as recommended by the City Manager in the submitted report M &C 2010- 215: City Easement Acquisition for Municipal Water Pipe Line 49 Dufferin Avenue, The City of Saint John acquire from Thistle St. Andrews Curling Club an easement for municipal services / municipal services easement in and through land designated as PID number 371302 upon the terms and conditions set out in the agreement submitted with said report for the sum of $2,134.00 and further that the Mayor and Common Clerk be authorized to sign any document(s) necessary to finalize this transaction. 5.26 That as recommended by the City Manager in the submitted report M &C 2010- 214: City Easement Acquisition for Municipal Water Pipe Line 315 Metcalf Street, The City of Saint John acquire from 059673 N.B. Ltd. an easement for municipal services / municipal services easement in and through land designated as PID number 55040224 upon the terms and conditions set out in the agreement submitted with said report for the sum of $10,863.00 and further that the Mayor and Common Clerk sign any document(s) necessary to finalize this transaction. 5.27 That as recommended by the Saint John 225 Committee, Common Council approve the submitted contract with Yennah's DayTripping Outdoor Adventures Inc. and further that the Mayor and Common Clerk be authorized to sign the documentation. 5.28 That as recommended by the City Manager in the submitted report Appointment of Deputy Commissioner, Buildings & Inspection Services, Ms. Amy Poffenroth is hereby appointed Deputy Commissioner, Buildings & Inspection Services. On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of Items 5.1 Teed Letter: Road Conditions on Bleury Street and 5.10 Acquisition of Floor Space to Build Enterprise Training Facility, which have been identified for debate, be adopted. 13 95 -360 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 Question being taken, the motion was carried. (Mr. Nugent re- entered the meeting) M. Nugent recommande que le conseil modifie le libelle de la resolution proposee au point 5.10 (Acquisition d'une surface utile en vue de la construction d'installations de formation pour Enterprise Saint John) afin d'y preciser de fagon officielle le droit d'occupation des lieux pour les dix prochaines annees, de meme que la nature et I'ampleur de la contribution financiere de la ville. (M. Nugent quitte la reunion.) 5. Questions soumises a I'approbation du conseil 5.1 Voir le point 14.1 5.2 Que la demande d'Enterprise Saint John de presenter au conseil une mise a jour du plan strategique 2011 -2013 de 1'entreprise soit transmise a la greffiere afin qu'une date de presentation soit fixee. 5.3 Que les lettres de M. Teed concernant le blockhaus de Fort Howe soient acceptees a titre informatif. 5.4 Que la lettre de M. Teed datee du 4 juin 2010, au sujet de la salubrite de I'eau pour tous, soit acceptee a titre informatif. 5.5 Que la lettre datee du 25 mai 2010 reque de la Federation canadienne des municipalites, au sujet de I'accord de subvention pour la conduite d'etudes au titre des Fonds municipaux verts, soit acceptee a titre informatif. 5.6 Que I'arrete sportif propose soit soumis a I'avocat municipal. 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -202: Acquisition dune servitude aux fins de services municipaux visant le 33, chemin Grantham, The City of Saint John fasse I'acquisition de Xin Xin, pour la somme de 764 $, d'une servitude de 36,5 m2 pour la prestation de services municipaux sur le terrain portant le NID 55181960, conformement aux conditions stipulees dans la convention d'achat et de vente presentee dans ledit rapport, et que le maire et la greffiere communale soient autorises a signer les documents requis. 5.8 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -206: Acquisition du bassin versant du lac Brawley, it soit resolu que le conseil communal echange des terrains avec la succession de Nellie Fowler conformement aux conditions adoptees le 7 decembre 2009, a 1'exclusion de la date de cloture qui doit titre fixee au plus tard le 30 juin 2010. Toutes les autres dispositions de la resolution du 7 decembre 2009 demeurent inchangees. 5.9 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -210: Date proposee pour la tenue dune audience publique, le conseil communal fixe la date des audiences publiques relativement aux demandes de rezonage presentees par John Shea (711 -713, chemin Manawagonish) et 651018 N.B. Ltd (120 -148, chemin City), au lundi 19 juillet 2010 a 19 h dans la salle du conseil, et qu'il transmette les demandes au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.10 Voir le point 14.2 5.11 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -220: Soumissions relatives aux chasse - neige, la soumission d'un montant total de 905 382,86 $ (taxes en sus) presentee par Applied Pressure Inc., pour la fourniture de deux vehicules a essieu simple a chassis - cabine d'un PNBV de 41 000 lb, avec epandeur de sable et de sel et lame frontale, et de deux camions a chassis - cabine d'un PNBV de 68 000 lb avec bennes et lames chasse -neige frontale et laterale, soit acceptee. 5.12 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -222: Soumission relative aux camions tandems a benne, la soumission d'un montant de 139 650 $ (taxes en sus) presentee par East Coast International Trucks Inc., pour la fourniture d'un seul nouveau carrion tandem a chassis - cabine d'un PNBV de 68 000 lb avec benne basculante standard chauffee, soit acceptee. 14 95 -361 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 5.13 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -223: Soumission relative aux vehicules tout - terrain, la soumission d'un montant de 34 261,80 $ (taxes en sus) presentee par Brown's Recreation and Auto, pour la fourniture d'un seul vehicule Argo 750 HDI 2010, soit acceptee. 5.14 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -221 : Proposition relative a un camion forestier, la proposition d'un montant de 247 681,22 $ (taxes en sus) presentee par Metalfab Ltd., pour la fourniture d'un camion Ford F550 2010 a chassis - cabine et quatre roues motrices, avec cabine allongee et carrosserie, reservoirs et pompes adaptes au travail forestier, soit acceptee. 5.15 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -219: Ameliorations routieres pour la promenade Mountain View et 1'avenue Rothesay, numero de contrat 2010 -8, le contrat relatif aux ameliorations routieres pour la promenade Mountain View et I'avenue Rothesay soit accorde au soumissionnaire le moins - disant, NRB Construction Company Limited, au prix offert de 556 354,37 $ etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.16 Que, comme le recommande le directeur general dans le rapport soumis intitule Remplacement des ponceaux de I'avenue Connaught, numero de contrat 2009 -28, le contrat relatif au remplacement des ponceaux de I'avenue Connaught soit accorde au soumissionnaire le moins - disant, Maguire Excavating Ltd., au prix offert de 188 880,33 $ etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.17 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -203, Travaux de pose d'enduit superficiel en 2010, numero de contrat 2010- 10, le contrat relatif a la pose d'enduit superficiel soit accorde au soumissionnaire le moins - disant, Moncton Construction Inc., au prix offert de 58 820,34 $ etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.18 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -217: Entente de contribution dans le cadre du Programme de partage des frais des lieux historiques nationaux de Pares Canada — marche municipal, The City of Saint John conclue une entente de contribution avec Sa Majeste la Reine du chef du Canada pour le marche municipal, essentiellement dans la forme et les conditions definies dans 1'entente de contribution presentee dans ledit rapport, et que le maire et la greffiere communale soient autorises a signer 1'entente de contribution. 5.19 Que le rapport soumis intitule M/C 2010 -224: Diversite et inclusion en milieu de travail soit accepte a titre informatif. 5.20 Que le rapport soumis intitule M/C 2010 -208: Seance d'information publique concernant les rues Visart (du boulevard Churchill a la rue Harrington) et Harrington (de la rue Visart a la rue Adelaide) soit accepte a titre informatif. 5.21 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -213: Services d'essai des materiaux et d'inspection, la proposition reque de Gemtec Limited pour la prestation de services d'essai des materiaux et d'inspection — beton asphaltique, betons de ciment Portland et travaux de compaction du sol pour 2010 soit acceptee, et que le maire et la greffiere communale soient autorises a signer les documents necessaires. 5.22 Que, comme le recommande le commissaire aux finances dans le rapport soumis intitule Facture — Luedey Consultants Inc., le conseil communal approuve le paiement a Luedey Consultants Inc. de la facture en souffrance de 6 000 $, charges et TVH en sus, pour le travail lie a la revision des prestations. 5.23 Que, comme le recommande le commissaire aux finances dans le rapport soumis intitule Nomination de verificateurs — Saint John Trade and Convention Centre, la societe Grant Thornton, s.r.l. soft designee verificateur du Saint John Trade and Convention Centre pour 1'exercice clos le 31 decembre 2009, et que le maire et la greffiere communale soient autorises a signer la lettre de mission au nom de The City of Saint John. 15 95 -362 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 5.24 Que la presentation sur le reamenagement du site Web, prevue dans le rapport soumis intitule M &C 2010 -212, soit transmise a la greffiere afin que ce point soit inscrit a I'ordre du jour de la seance du 5 juillet 2010. 5.25 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -215: Acquisition dune servitude pour permettre la pose dune conduite d'eau municipale au 49, avenue Dufferin, The City of Saint John fasse I'acquisition, pour la somme de 2 134 $, d'une servitude pour services municipaux sur le terrain designe par le NID 371302 aupres du Thistle St. Andrews Curling Club, conformement aux conditions prevues dans 1'entente jointe audit rapport, et que le maire et la greffiere communale soient autorises a signer tous les documents necessaires a la conclusion de cette transaction. 5.26 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -214: Acquisition dune servitude pour permettre /a pose dune conduite d'eau municipale au 315, rue Metcalf, The City of Saint John fasse I'acquisition, pour la somme de 10 863 $, d'une servitude pour services municipaux sur le terrain designe par le NID 55040224 aupres de la societe 059673 N.B. Ltd., conformement aux conditions prevues dans 1'entente jointe audit rapport, et que le maire et la greffiere communale soient autorises a signer tous les documents necessaires a la conclusion de cette transaction. 5.27 Que, comme le recommande le Comite de Saint John 225, le conseil communal approuve le contrat propose avec Yennah's DayTripping Outdoor Adventures Inc. et que le maire et la greffiere communale soient autorises a signer les documents necessaires. 5.28 Que, comme le recommande le directeur general dans le rapport soumis intitule Nomination dun commissaire adjoint pour les Services d'inspection et des batiments, Mme Amy Poffenroth soit par les presentes nommee sous - commissaire des Services d'inspection et des batiments. Proposition du conseiller Snook Appuyee par le conseiller McGuire II est RESOLU que la recommandation formulee relativement a chacune des questions soumises a I'approbation du conseil — a 1'exclusion des points 5.1 « Lettre reque de M. Teed concernant I'etat de la rue Bleury » et 5.10 « Acquisition d'une surface utile en vue de la construction d'installations de formation pour Enterprise Saint John », lesquels devront titre debattus — soit adoptee. A I'issue du vote, la proposition est adoptee. (M. Nugent se joint de nouveau a la reunion.) 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7.1 Say Yes to Indigenous Rights Day June 21, 2010 The Mayor proclaimed Monday June 21, 2010 as Say Yes to Indigenous Rights Day in the City of Saint John. 7. Proclamation 7.1 Journee Dites oui aux droits indigenes le 21 juin 2010 Le maire declare le lundi 21 juin 2010 Journee Di"ies oui aux droits indigenes dans The City of Saint John. 8. Delegations /Presentations 8.1 Intelligence -Led Policing Business Model 16 95 -363 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 Mayor Court introduced the Chairman of the Police Commission, Chris Waldschutz, who indicated that Police Chief Reid would be addressing Council and responding to questions on behalf of the Police Commission. Referring to a submitted presentation, Chief Reid provided Council with information regarding the Intelligence -Led Policing Business Model. Responding to a question, Chief Reid stated that the Police Force currently has a graffiti plan in place, further adding that he does not believe the City has a graffiti problem. 8. D616gations et pr6sentations 8.1 Modele de gestion du maintien de l'ordre au moyen des renseignements Le maire Court presente le president de la Commission de police, Chris Waldschutz, qui indique que le chef de police Reid prendra la parole devant le Conseil et repondra au nom de la Commission de police. Mentionnant la presentation soumise, le chef Reid fournit de ('information au Conseil concernant le modele de gestion du maintien de I'ordre au moyen des renseignements. Repondant a une question, le chef Reid indique que la force de police a un plan pour lutter contre les graffiti, ajoutant qu'il ne croit pas que Saint John ait un probleme de graffiti. 12.2 City Manager: A Challenge of Community and Essential Service — Report on the Action Plan for Safe, Clean Drinking Water On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that Council direct the City Manager to proceed with a preliminary funding submission to the P3 Canada Fund: Round 2 to cover all project components of the Safe, Clean Drinking Water Program and further that Item 12.2 A Challenge of Community and Essential Service — Report on the Action Plan for Safe, Clean Drinking Water be presented at the beginning of the regular Council meeting of July 5, 2010. Question being taken, the motion was carried. 12.2 Directeur g6n6ral : D6fis pour la collectivit6 et services essentiels (rapport sur le plan d'action pour la salubrit6 et la propret6 de 1'eau potable) Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que le Conseil enjoigne le directeur general a aller de I'avant avec la presentation d'une soumission preliminaire afin d'obtenir un financement du Fonds PPP Canada : La deuxieme ronde englobera tous les elements de projets du Programme de salubrit6 et de propret6 de 1'eau potable et, en outre, le point 12.2 D6fis pour la collectivit6 et services essentiels (rapport sur le plan d'action pour la salubrit6 et la propret6 de 1'eau potable) sera presente au debut de la reunion ordinaire du Conseil le 5 juillet 2010. A ('issue du vote, la proposition est adoptee. 10. Consideration of By -laws 10.1 Proposed Amendment to Traffic ByLaw — Minimum Fine Amount On motion of Councillor Farren Seconded by Councillor Court RESOLVED that Common Council approve the submitted amendment to Section 26(1) of the City of Saint John Traffic By -Law. Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the 17 95 -364 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 Authority of the Motor Vehicle Act, 1973, and amendments thereto," repealing and replacing Section 26(1) regarding penalty of fine amounts, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," repealing and replacing Section 26(1) regarding penalty of fine amounts, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." 10. Etude des arret6s municipaux 10.1 10.1 Modification propos6e a I'Arrete relatif a la circulation — montant d'amende minimale Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que le Conseil communal approuve la modification soumise au paragraphe 26(1) de I'Arrete relatif a la circulation de The City of Saint John. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », abrogeant et remplagant le paragraphe 26(1) concernant le montant des amendes, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arr6te intitule « Arrete modifiant 1'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arr6te intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », abrogeant et remplagant le paragraphe 26(1) concernant le montant des amendes, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 18 95 -365 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 10.2 Proposed Amendment to Traffic ByLaw — Authority to Enforce — ByLaw Enforcement Officers On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that Common Council approve the proposed amendment to Section 5(7) of the City of Saint John Traffic By -law by repealing Section 5(7) and replacing it with "the provisions of Sections 5, 5.1, 7, 8, 15 and 16 may also be enforced by By -law Enforcement Officers appointed for such purposes by Common Council." Question being taken, the motion was carried. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," repealing Section 5(7), and replacing it with "the provisions of Sections 5, 5.1, 7, 8, 15 and 16 may also be enforced by By -law Enforcement Officers appointed for such purposes by Common Council ". be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," repealing Section 5(7), and replacing it with "the provisions of Sections 5, 5.1, 7, 8, 15 and 16 may also be enforced by By -law Enforcement Officers appointed for such purposes by Common Council ", be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor Farren Seconded by Councillor Sullivan WHEREAS, the Common Council of the City of Saint John has enacted pursuant to the authority of the Municipalities Act, R.S.N.B. 1973, c. M -22, and amendments thereto, the Saint John Traffic By -law, and has appointed members of the Canadian Corps of Commissionaires as By -law Enforcement Officers with the responsibility and authority to enforce provisions of the said By -law; RESOLVED that each of Andy Van den Biggelaar, Raymond Cullen, Daniel Desjardins, Brian DeAmbrose, Roy Haddad, Kenneth Love, Michael Marshall, Roy McKinney, Cheryl Smith, and Allen Wickens, is hereby authorized to enforce the provisions of Section 5.1 and Section 16 of the Saint John Traffic By -law, and these authorizations shall continue until they cease to be a member of the Canadian Corps of Commissionaires or until it is rescinded by Common Council, whichever comes first. Question being taken, the motion was carried. 10.2 Modification propos6e a I'Arret6 relatif a la circulation — autorit6 d'appliquer les dispositions, agents d'ex6cution des arret6s Proposition du conseiller Farren Appuyee par le conseiller Snook 19 95 -366 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 RESOLU que le Conseil communal approuve la modification proposee au paragraphe 5(7) de I'Arrete relatif A la circulation de The City of Saint John en abrogeant le paragraphe 5(7) et en le remplagant par « les dispositions des articles 5, 5.1, 7, 8, 15 et 16 peuvent egalement titre appliquees par les agents d'execution des arretes nommes A cette fin par le Conseil communal ». A ('issue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant I'Arr6te relatif A la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » en abrogeant le paragraphe 5(7) et en le remplagant par « les dispositions des articles 5, 5.1, 7, 8, 15 et 16 peuvent egalement titre executees par les agents d'execution des arretes nommes A cette fin par le Conseil communal », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arr6te relatif A la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif A la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », abrogeant le paragraphe 5(7) et le remplagant par les « dispositions des articles 5, 5.1, 7, 8, 15 et 16 peuvent egalement titre appliquees par les agents d'execution des arretes nommes A cette fin par le Conseil communal » fasse ('objet d'une seconde lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete relatif A la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Farren Appuyee par le conseiller Sullivan ATTENDU que le Conseil communal de The City of Saint John a edicte, conformement A la Loi sur les municipalites, L.R.N. -.B. 1973, c. M -22 et modifications afferentes, I'Arrete relatif A la circulation de The City of Saint John, et a nomme les membres du Corps canadien des commissionnaires en tant qu'agents d'execution des arretes ayant la responsabilite et I'autorite d'appliquer les dispositions dudit arrete; RESOLU qu'Andy Van den Biggelaar, Raymond Cullen, Daniel Desjardins, Brian DeAmbrose, Roy Haddad, Kenneth Love, Michael Marshall, Roy McKinney, Cheryl Smith et Allen Wickens, soient tous, par les presentes, autorises A appliquer les dispositions des articles 5.1 et 16 de I'Arrete relatif A la circulation de The City of Saint John, et que ces autorisations soient maintenues jusqu'A ce qu'ils cessent d'appartenir au Corps canadien des commissionnaires ou jusqu'6 ce I'autorisation soit annulee par le Conseil communal, selon ce qui survient en premier. A ('issue du vote, la proposition est adoptee. 10.3 Proposed Municipal Plan Amendment 157 -177 Germain Street The Common Clerk advised that the applicant has submitted a request to withdraw the application. On motion of Councillor Killen Seconded by Councillor Snook 20 95 -367 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 RESOLVED that the applicant's request to withdraw the application be accepted and the submitted documentation be received for information. Responding to a question from the Council, the Commissioner of Planning stated that if Council chose to deny the application, the applicant could not re -apply for a period of time, adding that if Council accepted withdrawal of the application, the applicant could re- submit in short order. The mover and seconder withdrew the motion from the floor. On motion of Councillor Sullivan Seconded by Councillor Killen RESOLVED that the proposed Municipal Plan By- law amendment regarding 157 -177 Germain Street be denied. Question being taken, the motion was carried. 10.3 Modification propos6e au plan municipal concernant les 157 -177, rue Germain La greffiere communale indique que le demandeur a deja soumis une demande visant a retirer la demande. Proposition du conseiller Killen Appuyee par le conseiller Snook RESOLU que la demande du demandeur visant a retirer la demande soit acceptee et que les documents soient regus a titre d'information. En reponse a une question du Conseil, le commissaire a I'urbanisme determine que, si le Conseil decide de rejeter la demande, le demandeur ne pourra pas presenter une nouvelle demande pendant un certain temps, et it ajoute que, si le Conseil accepte le retrait de la demande, le demandeur pourra soumettre a nouveau la demande sur -le- champ. Les motionnaires retirent la motion. Proposition du conseiller Sullivan Appuyee par le conseiller Killen RESOLU que la modification propos6e a I'Arrete relatif au plan municipal concernant les 157 -177, rue Germain soit rejetee. A ('issue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.1 Simms Corner Corridor Improvement (Councillor McGuire) Forwarded to meeting of July 5, 2010. 11. Interventions des membres du conseil 11.1 Amelioration du couloir de Simms Corner (conseiller McGuire) Reporte a la seance du 5 juillet 2010. 11.2 Economic Development: Ranking of Atlantic Canada Fastest Growing Companies (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the submitted document from Councillor McGuire entitled Economic Development: Ranking of Atlantic Canada Fastest Growing Companies be received for information. Question being taken, the motion was carried. 21 95 -368 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 11.2 Developpement economique : classement des entreprises du Canada atlantique affichant la plus forte croissance (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le document soumis par le conseiller McGuire intitule Developpement economique : classement des entreprises du Canada atlantique affichant la plus forte croissance soit requ a titre d'information. A I'issue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 City Manager: Destination Marketing Organization — Funding Agreement On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2010 -225: Destination Marketing Organization — Funding Agreement, Common Council authorize the Mayor and Common Clerk to execute the submitted funding agreement, Appendix A, between the City and Saint John Destination Marketing Inc. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Organisation de marketing de destinations — entente de financement Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2010 -225: Destination Marketing Organization — Funding Agreement, le Conseil communal autorise le maire et la greffiere communale a executer 1'entente de financement soumise, I'annexe A, entre The City et Saint John et Destination Marketing Inc. A I'issue du vote, la proposition est adoptee. 12.3 City Solicitor: Control of Vendors in City Parks and Civic Public Places (Councillor Killen withdrew from the meeting) On motion of Councillor Sullivan Seconded by Councillor Mott RESOLVED that Item 12.3 Control of Vendors in City Parks and Civic Public Places be received for information. Question being taken, the motion was carried. 12.3 Avocat municipal : Controle des vendeurs dans les pares municipaux et les lieux publics municipaux (Le conseiller Killen quitte la reunion.) Proposition du conseiller Sullivan Appuyee par le conseiller Mott RESOLU que le point 12.3 Controle des vendeurs dans les pares municipaux et les lieux publics municipaux soit requ a titre d'information. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Uptown Saint John: Waste Management Position On motion of Councillor Farren Seconded by Councillor Sullivan 22 95 -369 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 RESOLVED that Item 13.1 Uptown Saint John Waste Management Position be referred to the City Manager. Question being taken, the motion was carried. (Councillor Killen re- entered the meeting) 13. Rapports d6pos6s par les comit6s 13.1 Uptown Saint John : Poste en gestion des d6chets Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le point13.1 Poste en gestion des d6chets au centre -ville de Saint John soit renvoye au directeur general. A ('issue du vote, la proposition est adoptee. (Le conseiller Killen est de nouveau present a la reunion.) 13.2 Enterprise Saint John: District Energy Project On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that Item 13.2 Enterprise Saint John District Energy Project be received for information. Question being taken, the motion was carried. 13.2 Enterprise Saint John : Projet d'6nergie de district Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le point 13.2 Enterprise Saint John — Projet d'energie de district soit requ a titre d'information. A ('issue du vote, la proposition est adoptee. 13.3 Saint John Board of Police Commissioners: Civic Recognition to Honourable Alfred H. Brien On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that Item 13.3 Saint John Board of Police Commissioners Civic Recognition to Honourable Alfred H. Brien be referred to the Mayor's Office for appropriate action and / or special event. Question being taken, the motion was carried. 13.3 Bureau des commissaires de la police de Saint John : Reconnaissance municipale a I'honorable Alfred H. Brien Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que le point 13.3 Bureau des commissaires de la police de Saint John : Reconnaissance municipale a I'honorable Alfred H. Brien soit renvoye au Bureau du maire pour qu'il y donne suite ou organise une activite speciale. A ('issue du vote, la proposition est adoptee. 13.4 Saint John Parking Commission: Request to Build Patio — Sydney Street Parking Lot / Union Station Lounge On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that Common Council approve the request of Blake Armstrong of Union Street Lounge to build a temporary outdoor patio 23 95 -370 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 behind his building at 198 Union Street, from July 1, 2010 to September 30, 2010, for the purpose as indicated above; and further, that the Mayor and Common Clerk be authorized to execute the necessary documents. Question being taken, the motion was carried with Councillors Killen and Sullivan voting nay. 13.4 Commission sur le stationnement de Saint John : Demande de construction de terrasse — parc de stationnement de la rue Sydney /Union Station Lounge Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le Conseil communal approuve la demande de Blake Armstrong de ('Union Street Lounge portant sur la construction d'une terrasse temporaire derriere son immeuble au 198, rue Union, du 1erjuillet 2010 au 30 septembre 2010, pour la fin susmentionnee et, en outre, que le maire et la greffiere communale soient autorises a executer les documents necessaires. A ('issue du vote, la proposition est adoptee. Les conseillers Killen et Sullivan votent contre la proposition. 13.5 Committee of the Whole Report — Recommended Appointments to Committees On motion of Councillor Farren Seconded by Deputy Mayor Chase RESOLVED that as recommended by the Committee of the Whole on June 21, 2010, Council makes the following appointments to committees: Saint John Energy: to re- appoint Lisa Keenan and to appoint Joanne Godfrey, each for a three year term from June 21, 2010 to June 21, 2013. Saint John Harbour Bridge: to re- appoint Robert McDevitt for a three year term from June 21, 2010 to June 21, 2013. Harbour Station Commission: to re- appoint Barbara Hutton for a three year term from June 21, 2010 to June 21, 2013. Heritage Development Board: to appoint Heather Urquhart for a three year term from June 21, 2010 to December 21, 2012. Saint John Parking Commission: to re- appoint Shelly Courser and Dwight Allaby, each for a three year term from June 21, 2010 to June 21, 2013. Rockwood Park: to re- appoint Henry Briggs for a one year term from June 21, 2010 to June 21, 2011. Communications Campaign — Volunteers: to approve $2,600 for the Communications Manager to proceed with a recruitment campaign to attract volunteers to the Agencies, Boards and Commissions. Question being taken, the motion was carried. 13.5 Rapport du comite plenier relativement aux nominations pour sieger aux comites Proposition du conseiller Farren Appuyee par le maire suppleant Chase RESOLU que, comme le recommande le comite plenier en date du 21 juin 2010, le Conseil approuve les nominations suivantes : Saint John Energy: Renouvellement de la nomination de Lisa Keenan et nomination de la Joanne Godfrey, chacune pour un mandat de trois ans allant du 21 juin 2010 au 21 juin 2013. Administration du pont du port de Saint John : Que Robert McDevitt soit nomme de 24 95 -371 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 nouveau pour un mandat de trois ans allant du 21 juin 2010 au 21 juin 2013. Commission de Harbour Station : Que Barbara Hutton soit nommee de nouveau pour un mandat de trois ans allant du 21 juin 2010 au 21 juin 2013. Conseil d'amenagement du patrimoine : Que Heather Urquhart soit nommee pour un mandat de trois ans allant du 21 juin 2010 au 21 Decembre 2013. Commission sur le stationnement de Saint John : Renouvellement des nominations de Shelly Courser et Dwight Allaby, chacun pour un mandat de trois ans allant du 21 juin 2010 au 21 juin 2013. Parc Rockwood : Renouvellement de la nomination de Henry Briggs pour un mandat de un an allant du 21 juin 2010 au 21 juin 2011. Campagne de communications — benevoles : approuver le versement de 2 600 $ a la directrice des communications pour qu'elle lance une campagne de recrutement afin d'attirer des benevoles aux organismes, conseils et commissions. A ('issue du vote, la proposition est adoptee. 13.6 Committee of the Whole Report — Long Term Disability — Management / Non - Union On motion of Councillor Killen Seconded by Councillor McGuire RESOLVED that the submitted proposal from Manulife Financial for long -term disability coverage for Management / Professional and Non -Union Employees be accepted. Councillor Court stated that he cannot support the motion as he believes that long -term disability should be integrated with unemployment insurance and sick benefits. Question being taken, the motion was carried with Councillor Court voting nay. 13.6 Rapport du comite plenier — Invalidite de longue duree — personnel de gestion et employes non syndiques Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que la proposition soumise par la Financiere Manuvie portant sur la protection du regime d'assurance - invalidite de longue duree a ('intention du personnel de gestion et professionnels et des employes non syndiques soit acceptee. Le conseiller Court declare qu'il ne peut pas appuyer la motion, car ('invalidite de longue duree, selon lui, devrait titre integree aux prestations d'assurance- chomage et de maladie. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. 14. Consideration of Issues Separated from Consent Agenda 14.1 Teed Letter: Road Conditions on Bleury Street On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the Teed Letter regarding road conditions on Bleury Street be referred to the City Manager. Question being taken, the motion was carried. 25 95 -372 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Lettre Teed : Etat de la rue Bleury Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que la lettre Teed concernant 1'etat de la rue Bleury soit renvoyee au directeur general. A ('issue du vote, la proposition est adoptee. 14.2 Acquisition of Floor Space to Build Enterprise Training Facility On motion of Councillor McGuire Seconded by Councillor Killen RESOLVED that Common Council approve a contribution of $95,000 plus HST with a maximum contingency of 10% for overrun, towards the costs associated with the development of a corporate training facility at the Saint John Transit Building and further that the Mayor and Common Clerk be authorized to execute an agreement reflecting the capital contribution in the City's right to occupy the area as described in the City Manager's report in this matter dated June 21, 2010. Councillor Farren stated that he does not feel it is necessary to go off -site for a training facility when the City is already leasing space in City Hall for this purpose. Councillor Sullivan stated that since the City provides funding to the Transit Commission, it would be providing funds in the amount of $190,000 rather than the $95,000 as shown in the report. Question being taken, the motion was carried with Councillors Farren, Mott and Sullivan voting nay. 14.2 Acquisition d'une surface utile pour construire ('installation de formation d'entreprise Proposition du conseiller McGuire Appuyee par le conseiller Killen RESOLU que le Conseil communal approuve une contribution de 95 000 $, la TVH en sus, avec une reserve maximale de 10 % pour les depassements de couts, en vue des couts associes a I'amenagement d'une installation de formation d'entreprise a I'immeuble de la Commission de transport de Saint John et, en outre, que le maire et la greffiere communale soient autorises a executer une entente refletant la contribution en capitaux dans le droit de The City d'occuper la superficie decrite dans le rapport du directeur general dans cette affaire, date du 21 juin 2010. Le conseiller Farren indique que ce West pas necessaire d'aller ailleurs pour etablir une installation de formation vu que The City loue deja des locaux a I'hotel de ville a cette fin. Le conseiller Sullivan precise que, vu que The City offre un financement a la Commission de transport, elle verserait un financement de 190 000 $ au lieu de 95 000 $ comme I'indique le rapport. A ('issue du vote, la proposition est adoptee. Les conseillers Farren, Mott et Sullivan votent contre la proposition. 15. General Correspondence 15. Correspondance generale 26 95 -373 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 21, 2010 /LE 21 JUIN 2010 16. Adjournment The Mayor declared the meeting adjourned at 10:00 p.m. 16. Cloture de la seance Le maire declare que la seance est levee a 22 h. Mayor /maire Common Clerk /greffiere communale 27 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, EM 2C6 Tel: (506) 632 -0096 4 %� r r'n A r-Par 0 e 3 !i r72� �trri -u j ,p� I LL�7 t e t/ n-L 021L I/p a'Z6 /k14 All r�l" one t Y �� ,Gteyr t c(eelr �L louciing r, /ICl4Tg5 r�oc(s a-ntb �I tgh /10(d,�f�r� cceelsfrud" r/rg hors, f-!u Iv ✓ter talc >, CGV+Sru'nYe �d,� q r✓�n u° � m � t- r u e Ic S eti n� �U irn, - k .tt due . reu�yl Ire dYl�d"ti'� 1� �`z��rny ° `"`'.� � � p b, S d -(- ')h lce t� s'1, p i� ow POW f c" f7 d L wL t ' -�Lp— f�yqL Grl`cfr` r�il e fe�' f7rzi?yjel1__ 04 /1 15� &'L4 r� kruw rTr rr�' -mac t C) '5 a_ oil 28 TPEI HE COMMONS EXTRAORDINARY PROGRESS PROJECT UNBSAINTJOHN June, 2010 City of Saint John Attn: Mayor Ivan Court Cashiers Office, PO Box 1371 Saint John, NB E21- 41-1 Dear Mayor Court and Council Members; We are writing you to express our personal appreciation for your recent gift to the University Commons. Your active support is making this project possible and leading our entire community to a bright future. We are grateful for your generosity, your commitment, and your belief in our university. Thanks to your involvement we are able to make something truly extraordinary. Your contribution will enrich the lives of knowledge hungry individuals for generations to come. Thank you again, we look forward to your continued interest and enthusiasm in this remarkable project. Mary Ann Ketchum & Don Ketchum University Commons Co- Chairs Stay Connected with The Commons Project: www.unbsi.ca /commons A 100 TUCKER PARK RDAD I PO Box 5050 1 Saint John, NB Canada E2L 4L5 r r]� VB TI] WWW.UNB5J CA/COMMONS Cif S 'Jiyjt]ohlz 29 REPORT TO COMMON COUNCIL M &C- 2010 -232 June 29, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date - 4361 Loch Lomond 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. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Location Existing Proposed Reason for Application Zone Zone City of Saint John 4361 Loch Lomond "RS -2" "IL -1" To permit the land to be used for a Road & "P" driveway from Johnston Road to the community centre located at 4349 Loch Lomond Road RECOMMENDATION: That Common Council refer the rezoning application for 4361 Loch Lomond Road to the Planning Advisory Committee for a report and recommendation, and schedule the public hearing for Tuesday, August 3, 2010 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 30 J. Patrick Woods, CGA City Manager M & C — 2010 -231 July 2, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSE PORTION OF ST. JAMES STREET In order to construct Harbour Clean -Up sewer lift station #8 the City requires portions of PID # 00006304 and 00004960 located at the corner of Queen St. and Crown St. from N.B. Housing Corporation, currently used for tenant parking for N.B. Housing Corporation's seven adjacent multiple unit apartment buildings. N. B. Housing Corporation may be willing to sell the necessary land to the City, provided that additional parking can be developed for their apartment complex. Staff have identified a 358 sq. m. +/- portion of St. James Street that is currently undeveloped that could, if stopped -up and closed, accommodate the N.B. Housing Corporation's additional parking needs. The attached CBCL drawing No. L00004960 dated Feb. 06, 2010 illustrates the land the City requires for sewer lift station # 8 (Parcel 2) and the portion of St. James Street (Parcel 1). Further terms and conditions of the transaction continue to be discussed between staff and N. B. Housing Corporation. The section of St. James Street to be stopped -up and closed is currently a grassed area, under which there is a municipal sewer pipe that extends across Crown Street. As the process of stopping up and closing portions of City streets can take several weeks, and in order to not cause unnecessary delays to the Harbour Clean -Up project, staff intend to seek Common Council's consent to initiate the stop -up and closing of the portion of St. James street concurrent with the continued negotiation of the remaining terms and conditions of the Agreement of Purchase and Sale document. Staff will provide a further report to Council for its consideration on this matter once all of the terms and conditions of the Agreement of Purchase and Sale document have been finalized. 31 RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 358 square metre f portion of a public street known as St. James Street, be set for Monday August 16, 2010 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 Pw /p attachments 32 Description of Plan: New Brunswick Housing Corporation . Crown Street apartment complex area location N PID: n/a Address: 521-- 535 Crown Street PAN: n/a Date: June 29, 2010 33 3 n-0 - �§ rrl nm� _ q9@ Mg 11 Q , . §§/§ E �§ �r §� � 2 7. C3 _ <i]v >131 SAr' 2 § ~ z � @ a2 277 n k k �T 2 2 $ $ \ z � 0 MKS W r-o K g mo� © Win§ 22- 3 d kge §� vc� 2$ d+m� Z r-k§ �7� «39 7 K R M c� M § 122 0� k ® k 92 q § r Q § @ � 122 � § ■ § § ) n 2 k r 23 RC2 § �\ # § 70 FU 2 § & r G r § \ 13NiSN3e ■° r a ®mN rn rn CD . x A �� M �1 a t j t � 7 ^ a -K @ 3 REPORT TO COMMON COUNCIL M &C2010 -236 June 30, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, M. The City of Saint John SUBJECT: CONTRACT NO. 2009-35 Woodward Avenue — Pressure Reducing Valve and Chamber Renewal BACKGROUND This Contract consists of projects that are approved in the 2009 and 2010 Water & Sewerage Utility Fund Capital Program as follows: The work consists generally of all labour, materials and equipment for the excavation, installation and backfilling of one pressure reducing valve station complete with a flow meter, gate valves, fittings and associated appurtenances and the removal of the existing pressure reducing valve on Woodward Avenue. TENDER RESULTS Tenders closed on June 30, 2010, with the following results: 1. Fairville Construction Ltd. Saint John, NB 2. Galbraith Construction Ltd. Saint John, NB $ 283,856.00 $ 306,998.40 The Engineer's estimate for the work was $333,033.60. 35 M &C2010 -236 June 30, 2010 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2009 and 2010 Water & Sewerage Utility Fund Capital Programs. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by others. The analysis concludes that a total amount of $360,000 was provided in the budgets and that the projected completion cost of the project, including design and construction management services, is estimated to be $314,464.92, including the City's eligible H.S.T. rebate - a $45,535.08 positive difference. 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.2009 -35, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $283,856.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering 36 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C2010 -226 June 30, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: Design and Construction Management: Westmorland Road (Westmorland Mall to Kervin Road) — Roadway Reconstruction BACKGROUND The 2010 General Fund Capital Program includes a project for the reconstruction of Westmorland Road from the Westmorland Mall to Kervin Road. The project includes funding necessary to engage engineering design and construction management services to complete the following: • Site surveys, preliminary investigation and data collection; • Preliminary design, cost estimates and design report; • Conduct public consultation; • 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 June 8, 2010 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Terrain Group Inc. In response to this request, Terrain Group Inc. submitted a proposal on June 17, 2010. Staff was 37 M &C2010 -226 June 30, 2010 Page 2 previously authorized to conduct negotiations with this consultant for engineering services for Westmorland Road (Westmorland Mall to Kervin Road) — Roadway Reconstruction. A Review Committee consisting of the following staff completed an analysis of the submission: • Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering • James Flogeras, P. Eng. Municipal Engineer, Municipal Engineering • 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 price contained in the proposal was also evaluated by the Committee and staff negotiated with Terrain Group Inc. and settled on an acceptable consultant's fee to submit to Council for approval. 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. FINANCIAL IMPLICATIONS The proposed cost of the work for Terrain Group Inc. to provide design and construction management services is $68,428.49 including the City's eligible HST rebate based on an estimated 5 week construction management period. An amount of $370,000 was included in the 2010 General Fund Capital Program for design, construction management and construction and $50,000 was included in the 2010 Asphalt Surface Maintenance Program for asphalt resurfacing. Engineering fees to cover the cost of design and construction management generally range between 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 16.3% 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 2010 -194 to conduct negotiations for the engagement of an engineering consultant for this project. As identified in M &C 2010 -194 the costs incurred by the consultant will be paid in accordance with the Association of Professional Engineers and Geoscientists of New Brunswick schedule of 38 M &C2010 -226 June 30, 2010 Page 3 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 the proposal from Terrain Group Inc. for engineering services (design and construction management) for Westmorland Road (Westmorland Mall to Kervin Road) — Roadway Reconstruction, 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 39 Paoe 11 FRIENDS OF ROCKWOOD PARK. Saint John ivFi Sandy Point Road Willidgeville) Neighbourhood Group His Worship Mayor Ivan Court and Members of Common Council, City of Saint John, P.O. Box 1971, Saint John, N.B. E2L 4L 1 June 28, 2010 RE: Sandy Point Road Planning Study Your Worship and Members of Common Council, We are writing to ask you to consider these questions when you review the staff report for the Sandy Point Road Planning Study. While we have no knowledge of the report's recommendations at this time, the consultations we participated in with ADI and city staff have left us with these concerns and unanswered questions. 1. Rockwood Puk Border Do you intend to alter the historical borders of Rockwood Park? Although it was clear in Common Council's directive for the Study that the Rockwood Park borders would be described before the consultation, the Technical Report for the Study did not do this and it was left to the consultant to ask the public to describe the borders. Those who participated in the consultation process clearly stated that the well -known Rockwood Park border is Sandy Point Road. All maps describe it as such as do property tax records. The general public still, even after repeatedly asking staff, has not been provided with information on the boundaries of Rockwood Park, nor the status of lands and if lands that had been appropriated for incorporation into Rockwood Park could be re -zoned for housing developments, or if the 1893 Act applies to the whole of Rockwood Park. We wonder if it is your intention to alter the historical borders and if so, what rationale you would give. 40 �- p 12 sl L. 1893 Act and Rockwood Park What is the City's motive in seeking to distinguish lands conveyed from the Horticultural Association and other properties acquired by the City for Rockwood Park? The inference being made in the Technical Report is that land conveyed by the Horticultural Association is governed by the 1893 Act but additionally acquired lands are not, and are therefore open to whatever uses the City (the public) wants. The public's understanding is all these lands incorporate Rockwood Park. After all these years, why are legal technicalities being used, now, to make this distinction and divide Rockwood Park? Saint John's city staff has stated that its legal department has provided an opinion that the 1893 Act which created Rockwood Park does not apply to land which the city acquired for park purposes, and that such land can be used as seen fit by Common Council. Respectfully we disagree. It is our opinion that because the City received Iands in a transfer from the Horticultural Association, for which the 1893 Act with subsequent additions applies, the lands which the City acquired for park purposes have to be governed by the same Act in order to make the "Park" the public entity which the Act envisioned, and not some patchwork governed by various zoning by -laws which would make this Act meaningless. In 1957 the Horticultural Association conveyed their land in Rockwood Park to the City. The City of Saint John has to abide by the terms of the Act of Incorporation in 1893. The City struck a board to oversee operations of Rockwood Park. The Rockwood Park Advisory Board membership includes representatives of the general public and members of the Saint John Horticultural Association. Rockwood Park, as it is known to the public, incorporates the former Horticultural Association land and all the accumulated land acquired by the City through outright purchase, through expropriation and through donation. Does the Rockwood Pack Advisory Board make a distinction between land governed by the 1893 Act and other park land or does it consider all of Rockwood Park within its mandate? Publicly, there has been no effort, prior to this Study, to indicate what was Horticultural land and what isn't, and consequently the 1893 Act should apply to all. (The City acknowledged that the terms of the Act applied to "city lands" when it established Cherry Brook Zoo, the Golf Course and the Driving Range, all within Rockwood Park.) Provided it exists in writing, could we see the City Solicitor`s legal opinion on the validity of the 1893 Act for lands in today's Rockwood Park and furthermore, could we have information when, how and for which purpose the city acquired lands which now are part of Rockwood Park? What is the opinion of the Department of Leisure Services, its Advisory Board and the Rockwood Park Advisory Board on the Rockwood Park border and the intended uses of the Park? 2. The Study Area Why was the public given no rationale for the selected Study Area? When City staff was asked why the study area went so deeply into Rockwood Park, and why it did not follow any particular property lines or natural land markings, staff would not provide a rationale but did indicate that Common Council had approved their Technical Report which included a map of the study area but did not describe why the study area boundaries within Rockwood Park were selected. Common Council did not publicly discuss the depth of the study area prior to approving the Study. This unanswered question would lead the public to assume that the City is considering residential development that could reach deeply into Rockwood Park. 41 Page 13 3. 1671 Sandv Point Road (the citv -owned lot PID 0041812 There remain a number of unanswered questions to actions taken by the City, between 2003 and 2005, to alter the use of 1671 Sandy Point Road, to re -zone the immediate and surrounding area, and declare the city parkland as "surplus ". These were catalyst actions by the City that attracted developer interest, opened the doors to further re- zoning, and caused the neighbourhood to request this study. Why was no public hearing held, nor notification given, prior to the clear - cutting and dumping of fill at 1671 Sandy Point Road — a portion of Rockwood Park? In September to October of 2003, during the construction of the Sandy Point Road Water & Sewerage Extension Project, a portion of 1671 Sandy Point Road, zoned "P" and considered part of Rockwood Park, was clear -cut to allow a large amount of construction debris to be dumped on the site. A drainage system was also created that collects run -off from the road ditches and discharges into wetlands and Harrigan Lake. 1671 Sandy Point Road is unlike other city -owned land. It is a part of Rockwood Park. The City purchased this land in 1970 with an intention to extend Rockwood Park. "... this purchase being made in continuation of the City's policy of acquiring all lands bounded by the Sandy Point Road and Foster Thurston Drive for the long -range development of Rockwood Park. " (Common Council minutes Sept 2I, 1970) When the City decided to change its position regarding the use of this parkland, at 1671 Sandy Point Road, shouldn't there have been a public notification/consultation process? There was no opportunity for the public to react until after the clear - cutting had begun. Who authorized this chain of events? How was the decision arrived at that 1671 Sandy Point Road be surplus to the City's needs? The City lists 1671 Sandy Point Road as a surplus land. How was the decision arrived? This land is clearly what most Saint Johnners think of as a part of Rockwood Park. Why did the City re-zone 1313 to 1711 Sandy Point Road, and so deeply into Rockwood Park? In April 2005, 1313 to 1711 Sandy Point Road was rezoned from "P" to "R -1A ", and the Municipal Plan By -Law was amended from Open Space to Low Density Residential. Some of the areas re -zoned to "R-IX' cut deeply into Rockwood Park, This rezoning enveloped one of the park's trails, reached the shores of Harrigan Lake and stretched beyond defined property lines. What was the reasons behind this? Was this re- zoning intended to create a precedent for opening additional areas of Rockwood Park for residential development? 42 Page 14 4. Is them ouenness o consultatiau y t Common Council? Interested members of the public have repeatedly been advised by the Sandy Point Road PIanning Study Consultant and members of the City's Planning staff not to prejudge the outcome of the study. We are concerned that some councillors have already prejudged the outcome of the study in that there were several attempts to rescind the moratorium motion regarding residential development on city owned lands south of Sandy Point Road over a two month period. A number of councillors did not attend the public consultation. One councillor, who wasn't in attendance, implied to the media that some people who attended the consultation were rowdies and he didn't attend because his mind was already made up. It appears that the report for the Sandy Point Road Planning Study is stalled, and likely, there are very good reasons for this. It is concerning though that the community consultation process was boxed into a tight timeframe, was poorly advertised and poorly executed. The volunteer efforts of groups like SPRNG and FORP helped to promote the opportunity for public consultation and attracted stakeholders to the table. The reason for the tight timeframe for community input was, as we understand it, Council was in a hurry to complete this report, in time for the development season. Obviously, something has changed. In the spirit of respecting and welcoming the community's participation in planning decisions made by our municipality, and recognizing that the community consultation process for the Sandy Point Road Planning Study was weak, we are requesting your consideration that when the report does come to Common Council's attention, that it be received and not decided upon right away. We would ask that the public be given some time to consider the report and its recommendations too and be provided vndi the opportunity to give feedback to Council before you vote on its recommendations. Alternatively, Common Council may want PLAN SJ to evolve, before deciding .how to proceed with the Sandy Point Road PIanning Study. Respectfully submitted, C;etsko Nose 1687 Sandy Point Road Saint John, NB U�IC11614— oan Pearce 352 Pelton Road Saint John, NB On behalf of SPRNG On behalf of FORD 43 REPORT TO COMMON COUNCIL M &C2010 -227 June 28, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Engagement of Engineering Consultant PURPOSE M. The City of Saint John The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of an engineering consultant to carry out engineering design and construction management services for another phase of landfill closure work at the former Howes Lake Landfill site. BACKGROUND In mid -June of this year, an application was made for Infrastructure Stimulus Funding for another phase of closure work at the former landfill site at Howes Lake. This project will involve installation of additional area of low permeability cover, landscaping and other associated work. The goal of the project is to reduce the amount of water that is entering the landfill and thereby reduce the amount of leachate that is being generated. ANALYSIS Staff recommend the direct engagement of GEMTEC Limited for the design and construction management services associated with the Howes Lake project as GEMTEC has demonstrated they have the expertise and experience to complete this work. They have been successfully involved with the Howes Lake Landfill site since the closure work began. The estimated cost of the design and construction management services is approximately $95,000. 44 M &C2010 -227 June 28, 2010 Page 2 FINANCIAL IMPLICATIONS An application in the amount of $800,000 was made for this project to the Infrastructure Stimulus Fund Program. To date, this project has not received approval from the Infrastructure Stimulus Program however a decision is expected in the very near term. Given the aggressive schedule of this program, staff are requesting that they be authorized to begin negotiations with GEMTEC should this project be approved. RECOMMENDATION Should the Howes Lake Landfill Closure project be approved under the Infrastructure Stimulus Fund and notwithstanding the City's Procurement Policy for engagement of professional services, Common Council authorize staff to conduct negotiations for the engagement of GEMTEC Limited to carry out design and construction management services for the 2010 closure work at the former Howes Lake Landfill. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 45 REPORT TO COMMON COUNCIL M &C2010 -234 June 30, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, The City of Saint Tohn SUBJECT: Contract 2009 -21 Lancaster Lagoon Waste Water Treatment Facility Standby Diesel Generator and Variable Frequency Drives Update BACKGROUND On November 23, 2009, Common Council approved the recommendation of M &C 2009 -366 to award the supply and installation of a new standby diesel generator and three Variable Frequency Drives (VFDs) on three blower motors at the Lancaster Lagoon to the low tender, The State Group Inc. at a cost of $751,450. This installation was part of the new sustainable Energy Management Plan for Saint John Water, to reduce total energy consumption of the water and wastewater facilities by 25 %. It is estimated that the installation of variable frequency drives will result in an annual energy savings of approximately $50,000 or a reduction of approximately 500 tons of CO2 emissions per year. It is also noteworthy that the City of Saint John will receive financial incentives toward the installation of these VFDs in the total amount of $75,000 from both Efficiency NB and the federal government under the ecoEenergy retrofit incentive program. ANALYSIS The original installation was for three VFDs, however in order to fully complete the project and ensure maximum operating efficiency of the plant and of the energy performance, an additional VFD will be required on the fourth blower motor. Staff requested pricing from The State Group Inc. to supply and install one additional VFD compatible to the original installation, in terms of manufacture type and technical requirements. The submittal price was reviewed by staff and the consultant, and was found to be acceptable and in -line with the original tendered prices. The total cost of the additional Variable Frequency Drive including HST is $59,099. 46 M &C2010 -234 June 30, 2010 Page 2 FINANCIAL IMPLICATIONS Within the approved 2010 Water & Sewerage Utility Fund Capital Program $160,000 was budgeted for supplemental funding of this planned expenditure. The total cost of the additional VFD is estimated to be $59,099.00 including HST. RECOMMENDATION It is recommended that Council authorize the additional supply and installation of a fourth variable frequency drive to be completed under Contract 2009 -21: Lancaster Lagoon Waste Water Treatment Facility Standby Diesel Generator and Variable Frequency Drives and that the Contract award value be increased by $59,099 (including HST) to $810,549. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 47 REPORT TO COMMON COUNCIL M & C — 2010 -228 2 July 2010 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: High - Efficiency Motors — Lancaster Waste Water Treatment Facility (RFP No. 2010- 610501P) BACKGROUND: M Giiy of Saint Jahn Saint John Water, with the assistance and input of the Facilities Management Department is in the process of installing three (3) variable frequency drives (VFD's) at the Lancaster Waste Water Treatment Facility. This project, upon completion, will enhance the energy and operational efficiencies of the facility. In addition to this initiative, four (4) new high - efficiency motors are required to replace the older existing motors (25- years -old). This new installation will further reduce the City's total energy and operating costs. ANALYSIS: An RFP, to solicit proposals from the marketplace for suitable equipment, was issued on May 26, 2010. Eight (8) vendors chose to respond by submitting offers: CEI Electrical Apohaqui, NB Source Atlantic Saint John, NB Sansom Equipment Fredericton, NB Kinecor Moncton, NB Liteco Saint John, NB Nedco Atlantic Saint John, NB Leeson Canada Saint John, NB Canadian Bearings Saint John, NB A proposal evaluation committee, consisting of representatives from Facility Management, Municipal Operations and Materials Management reviewed each submission against the following evaluation criteria: ➢ Quality and completeness of submission ➢ Motor Performance and Specifications ➢ Delivery Timelines ➢ Warranty ➢ Cost 48 M & C — 2010 -228 PAGE 2 ANALYSIS .... CONT'D: Upon completion of the proposal review, the evaluation committee ranked the proposal from CEI Electrical as the best; as it demonstrated that its solution represents the best value to the City of Saint John. In addition, the CEI Electrical proposal is the lowest - priced solution of the eight (8) submissions. FINANCIAL CONSIDERATIONS: The total cost for CEI Electrical to supply their product as detailed in the specifications if awarded as recommended will be $28,400.00 plus tax. This is a planned expenditure for which funds have been allocated in the 2010 Capital Budget for Saint John Water. RECOMMENDATION: It is recommended that the proposal for the supply of four (4) High - Efficiency Motors submitted by CEI Electrical at a cost of $28,400.00 plus tax be accepted. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods City Manager 49 REPORT TO COMMON COUNCIL M & C 2009 - 229 `. #*� June 28, 2010 CiLV Of S.tinG JOLw His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Tender for Splash Pads & Skating Rink — Flemming Court and Rainbow Park BACKGROUND A tender for the construction of one (1) community splash pad at Flemming Court and one (1) community splash pad/skating rink at Rainbow Park was issued on May 28, 2010. This tender requires bidders to provide all necessary labour, materials and equipment required for the: • Installation of splash pads and skating rink per design (including all play structures) • Installation of concrete curbs and asphalt sidewalks • Construction of equipment buildings (to house the necessary mechanical equipment) • Extensive landscaping The noted work is approved as two separate projects in the 2010 Leisure Services Capital Budget. ANALYSIS Tenders closed on June 23, 2010, with the following results: Contractor Bid Price (HST included) 1. Piscines Soucy Inc. $1,732,984.10 2. Castle Rock Construction $2,047,560.00 3. ICR General Contractors $1,868,737.50 The Consultant's estimate for the work was $1,599,466 (HST included). 50 M & C 2009 - 229 PAGE TWO ANALYSIS .... CONT'D a y of saiaG Jolm The tenders were reviewed by staff of Materials Management, Leisure Services and the project's consultants, Glenn Group Ltd., and were found to be formal in all respects. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This is a planned expenditure for which funds have been allocated in the City of Saint John's Leisure Services Department's 2010 Capital Budget. The total cost of the project if awarded as recommended will be $1,732,984.10 (HST included). The overage of $133,518.10 will be covered by capital monies available through savings achieved this year on other Leisure Services capital projects. 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 Tender No. 2010- 081203T: SPLASH PADS & SKATING RINK — FLEMMING COURT AND RAINBOW PARK be awarded to the low bidder, Piscines Soucy Inc., at the tax included tendered price of $1,732,984.10 and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, David Logan Purchasing Agent Patrick Woods City Manager 51 REPORT TO COMMON COUNCIL M &C2010 -233 June 29, 2010 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: ACCESSIBILITY UPGRADE — PETER MURRAY ARENA BACKGROUND City of Saint join Tenders for the upgrade of the wheelchair accessibility features at the Peter Murray Arena were called on June 3, 2010. The scope of work includes the provision of all labour, materials, equipment and accessories to upgrade the arena which will result in improved wheelchair accessibility. The upgrading of the arena will result in the following improvements: 1- Installation of new doors with wheelchair operator controls 2- Improved signage 3- Improved access ramps 4- Leveling of surfaces ANALYSIS Tenders closed on June 23, 2010, with the following results: Contractor Bid Price (Exclusive of HST) 1. John Flood & Sons (1961) Ltd. (Saint John, NB) $30,636.00 2. Erb's Enterprises Ltd. (Saint John, NB) $39,200.00 The Engineer's estimate for the work was $60,000.00 + HST. The tenders were reviewed by staff of Materials Management and Facility Management and were found to be formal and complete in all respects. Staff believes that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. 52 REPORT TO COMMON COUNCIL PAGE TWO.. L i � FINANCIAL IMPLICATIONS This is a planned expenditure for which funds have been allocated in the City of Saint John's 2010 Capital Budget. Total cost to the City of Saint John for this City oe sajw ialin project if awarded as recommended will be $30,636.00 + HST. RECOMMENDATION It is recommended Tender No. 2010- 081204T: ACCESSIBILITY UPGRADE — PETER MURRAY ARENA be awarded to the low bidder, John Flood & Sons, at the tax - excluded tendered price of $30,636.00. Respectfully submitted, (0__,Jz g�__ David Logan Purchasing Agent Patrick Woods City Manager 53 AER0P0R•.41 ` AI V` J"O AIRP0RT wvVw sairt 3h,ar. pert.corn 15 June 2010 Mayor Ivan Court and Members of Common Council City of Saint John Box 1971 Saint John, NB E2L 4L1 Dear Mayor Court and Council: Thank -you for your letter of April 06, regarding the Eric Teed letter on the subject of the re- naming of the Saint John Airport. At the Saint John Airport, we take considerable pride in the significant contributions to aviation made by Rothesay native Wallace Turnbull, and we currently have two installations recognizing those contributions, as well as related links from our website www.saintiohnairport.com. We also highlight his accomplishments in public and private presentations, as well as in various media publications. As you may know, in preparation for the privatization of the Airports, the Airport was incorporated in 1997, and the official name of "Saint John Airport Inc." was granted under the New Brunswick Companies Act. The Board of Directors has now reviewed the letter from Mr. Teed and concluded that the name of the Airport will not be changed at this time. Thank -you again for your interest in this subject. Please feel free to contact me at any time should you have further comments on this matter. Yours truly, Be Hard F. LeBlanc President & CEO Saint John Airport Inc. 506- 638 -5558 bleblanc (d)siairport.ca cc. Mr. Eric Teed 54 REPORT TO COMMON COUNCIL July 5, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Sale to James & Linda Enterprise Inc. BACKGROUND: city of Saint John The attached letter from the City Solicitor's Office provides details related to the sale of land to James & Linda Enterprise Inc. as approved by Common Council on June 7, 2010. As a result of unforeseen circumstances the purchaser was unable to complete the transaction by the agreed closing date of June 24th,, 2010. The purchaser still wishes to proceed with the transaction and accordingly the following motion is recommended for adoption. RECOMMENDATION: RESOLVED that the City of Saint John convey to James & Linda Enterprise Inc. the land now designated by PID# 55207450 upon the same terms and conditions (save & except closing date) contained in the Agreement of Purchase & Sale attached to M &C 2010 -189 and that the Mayor and Common Clerk be authorized to sign any documents necessary to complete the conveyance. Respectfully submitted, J. F6trick Woods C.G.A. City Manager 55 0 W. C, ,01 July 2, 2010 J. Patrick Woods City Manager 8`h Floor. Citv Hall Dear Sir: Re: Sale to James & Linda Enterprise Inc. Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 E -mail: lynda.farrell @saint john.ca Common Council meeting on June 7th, 2010 adopted as a resolution the recommendation contained in M &C 2010 -189 to convey land to James & Linda Enterprise Inc. the City's interest in the land now designated by PIN 55207450 upon the terms and conditions contained in the Agreement of Purchase & Sale attached to M &C 2010 -189. Under the Agreement closing was scheduled for June 24th, 2010. Because of unforeseen circumstances the purchaser was unable to complete the transaction on the 24th. The purchaser still wishes to purchase the property and if Council so wishes, the following resolution is appropriate: RESOLVED that the City of Saint John convey to James & Linda Enterprise Inc. the land now designated by PIN 55207450 upon the same terms and conditions (save & except closing date) contained in the Agreement of Purchase & Sale attached to M &C 2010 -189 and that the Mayor and Common Clerk sign any document(s) necessary to complete the conveyance. Yours truly, Lynda D. Farrell Solicitor j011N P.O. Box 1971 Saint Jahn, N8 Canada E2L 4L1 www.saintjohn.ca I C.P. 1471 Saint John, N. -B. Canada E21L 4L1 56 REPORT TO COMMON COUNCIL July 5, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Sale of Land in Rockwood Park BACKGROUND: M-M City of Saint John The attached letter from the City Solicitor's Office provides details of a transaction that has recently been completed to sell land to Bell Aliant. The Solicitor has noted that it was the City's intention that once this transaction was completed all proceeds from the sale would be directed to the Saint John Horticultural Association. RECOMMENDATION: RESOLVED that the funds received from Bell Aliant Regional Communications Inc. for the conveyance of Lot 86 -1 on the Subdivision Plan filed in the Saint John County Registry Office as N. 2079 be forwarded to the Saint John Horticultural Association. Respectfully submitted, J. Pa & Woods C.G.A. City Manager 57 t - The City of Saint John Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: lynda.farrell @saingohn.ca June 30, 2010 J. Patrick Woods City Manager 8th Floor, City Hall Dear Sir: Re: A Parcel of Land in Rockwood Park Pursuant to a Common Council Resolution adopted May 28, 2007, the City entered into an Agreement with Bell Aliant Regional Communications Inc. (Bell Aliant) et al. In accordance with that Agreement the City of Saint John (City), with the consent and assistance of the Saint John Horticultural Association (Horticulture), obtained legislation to authorize the conveyance of lands in that part of Rockwood Park formerly Highland Park to Bell Aliant. With the enactment of the legislation the City and Horticulture executed and delivered a Deed to Bell Aliant. The funds ($16,000) were paid to both the City ($8,000) and Horticulture ($8,000). As you will recall it was, I believe, the City's intention that all funds were to be paid to Horticulture. Should this still be the case, the following resolution would be appropriate: RESOLVED that the funds received from Bell Aliant Regional Communications Inc. for the conveyance of Lot 86 -1 on the Subdivision Plan filed in the Saint John County Registry Office as No. 2079 be forwarded to the Saint John Horticultural Association. Yours truly, Lynda D. Farrell Solicitor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintiohn.ca l C.P. 1971 Saint John, N. -B. Canada E2L 41-1 58 REPORT TO COMMON COUNCIL July 5, 20:10 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Rural Roads Upgrade Project BACKGROUND: City of Saint John The attached letter from the City Solicitor's Office provides details of steps being taken to acquire property to support the upgrading of By -Road No. 5 and Poplar Lane. It is noted that some of the mortgagees of the subject properties require payment of an administrative charge /discharge fee in order to process the discharges required by the City. Staff is in agreement with the action recommended by the City Solicitor's Office and would accordingly recommend the following resolution be adopted by Common Council. RECOMMENDATION: RESOLVED that the City pay, to a maximum of $500.00 per property, any mortgagees' administration /discharge fee incurred to secure title for the City in the Rural Roads Upgrade Project. Respectfully submitted, )i J. dick Woods C.G.A. City Manager 59 Jj8� M f moo, Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: lynda.Farrell @saintjohn.ca June 30, 2010 J. Patrick Woods City Manager 8t' Floor, City Hall Dear Sir: Re: Rural Roads Upgrade Project Common Council has, by resolutions, authorized the acquisition of numerous parcels of land from various owners for the upgrading of By- Road No.5 and Poplar Lane. Several of these properties are encumbered by one or more mortgages. The City requires that such mortgages be discharged insofar as they encumber the title being acquired by the City. Some of the mortgagees require payment of an administrative /discharge fee in order to process the discharges required by the City. It is appropriate for the City to cover this cost. In discussion with staff it has been concluded that $500.00 is the maximum that the City should pay per property. Should you be prepared to give accommodation to this request, the following resolution would be appropriate: RESOLVED that the City pay, to per property, any mortgagees' fee incurred to secure title for the Upgrade Project. Yours truly, 4 Lynda D. Farrell Solicitor a maximum of $500.00 administration /discharge City in the Rural Roads P.O. Box 1971 Saint John, NB Canada EA 41-1 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 .� 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. s 6 Tel: (506) 632 -0096 Fax! -( 4 cow /r cv% ;2,, al 0 C�f� of �a�� =f �v`r� � q "pfCYt jer4' Sa�p.f j"k� / l .Lrch�rcti for y f3 Loral �rcc {S5t z c 7 Ula�'s��P rnem ham af' C CLI�C i 1' 11 g-t !'S vY�B+'S GU/2D q Ye- Yee+ �'jtt LI�nG1L�[CI�'ti Iarfi�Gt S2f'�c�5 �jdL�Yv� _plo �o Nth t �C[►ri !0 rnoJe 41,5 vi D,rect�Ys pmtrvt Q jQ {wsr�+� G -� to �/� J9,- q�esSln� f<UpvA.fory �7lerrea�vlrta�t �a�n� �okn std lu d' v� ru » s � o f �9 �d c1n f pyk" p /der.✓ „era vvuwiak j4L-e r;1A �TiJT7{ m �(�tTG{ tyr n r �� J a arm CLYPG� � a f� �'�ecef� Cry- �� '" /►�� SPiy h act, fa �� it wy V7 crz /a!q 5e4` Stiff Cv 2 to ?�b? •til 3 (r �' 61 REPORT TO COMMON COUNCIL July 5, 2010 City of Saint John His Worship Mayor Ivan Court And Members of Common Council Re: Contract Amendment — Aliant Ethernet Services Schedule PURPOSE The purpose of this report is to recommend approval of an amendment to Bell Aliant contract (Agreement Number CN -0807 -8442) between the City of Saint John and Bell Aliant Regional Communications, Limited Partnership ( "Bell Aliant ") related to Aliant Ethernet Services Schedule. ANALYSIS Co- terminating all relevant Bell Aliant contracts enables efficient contract management and service administration. The attached document changes the termination the Aliant Ethernet Services schedule to co- terminate with all relevant Bell Aliant service agreements. FINANCIAL No impact. INPUT FROM OTHER SOURCES These documents have been reviewed by the City's legal department and Information Technology department. RECOMMENDATION: It is recommended that the Mayor and Clerk be authorized to sign the contract for service as attached. Respectful) submitted, Ian MacKinnon Information Technology Manager Patrick Woods City Manager 62 "AW Agreement Nurnber:CN -0807 -8442 Amendment 1 to Bell Aliant Ethernet Services Schedule, made as of the 9th of March, 2090 ( "Addendum "). Between: City of Saint John (hereinafter, "Customer ") and Bell Aliant Regional Communication Limited Partnership ("Bell Aliant "), WHEREAS A BELL ALIANT ETHERNET SERVICES SCHEDULE TO THE MASTER SERVICES AGREEMENT (the "Agreement ") was signed between Bell Aliant and Customer and was effective as of January 1, 2009; AND WHEREAS both parties desire to amend the Agreement as described in this Amendment and any attachments to it; NOW THEREFORE the parties agree as follows: 1. Section 1(a), Initial Service Term, of the Bell Aliant Ethernet Services Schedule is hereby deleted and replaced with the following: "Initial Service Term: The Initial Service Term shall be effective as of the I st day of January, 2009 ((he "Effective Date ") and shall continue until the end of a fifty -one (5 1 ) month period from the Effective Date, (the "Initial Service Term")." 2. All other provisions of the Agreement remain in full force and effect, unchanged. In witness of which the parties have executed this Addendum as of the date first set forth above. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General Partner Bell Aliant Regional Communications Inc, SIGNATURE �—�—'d '� Mayor NAME Common NAME: �� ,�.x�s - Clerk: ,r7 NAME TITTLE:/" Resolution [SATE: DATE: - DATE: Bell Aliant Ethernet Services Schedule Version 1.1- 0807 -8442 Page 1 of 2 63 CRl�f•'�t +] �'�1 �:i City of Saint John March 18, 2010 Bell Aliant Ethernet Services Schedule Version 1.1 -0807 -8442 Page 2 of 2 64 Agreement Number:CN -0807 -$442 March 18, 2010 . I MA Agreement Number:CN -0807 -8442 Amendment 1 to Bell Aliant Ethernet Services Schedule, made as of the 3th of March, 2010 ( "Addendum "). Between: City of Saint John (hereinafter, "Customer ") and Bell Aliant Regional Communication Limited Partnership ( "Bell Aliant "), WHEREAS A BELL ALIANT ETHERNET SERVICES SCHEDULE TO THE MASTER SERVICES AGREEMENT (the "Agreement) was signed between Bell Aliant and Customer and was effective as of January 1, 2009; AND WHEREAS both parties desire to amend the Agreement as described in this Amendment and any attachments to it; NOW THEREFORE the parties agree as follows: 1. Section 1(a), Initial Service Term, of the Bell Aliant Ethernet Services Schedule is hereby deleted and replaced with the following: "Initiall Service Term: The Initial Service Term shall be effective as of the I st day of January, 2009 ((he "Effective Date") and shall continue until the end of a fifty -one (5 1) month period from the Effective Date, (the "Initial Service Term ")." 2. All other provisions of the Agreement remain in full force and effect, unchanged. In witness of which the parties have executed this Addendum as of the date first set forth above. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its General partner Bell Aliant Regional Communications Inc. y '— SIGNATURE: Mayor r -- Bell Allant Ethernet Services Schedule Version 1.1 -0807 -8442 Page 1 of 2 65 CUSTOMER City of Saint John March 18, 2010 NAME NAME: J E– % rte Common Clerk: NAME / TITLE: Resolution DATE. DATE: DATE: Bell Allant Ethernet Services Schedule Version 1.1 -0807 -8442 Page 1 of 2 65 CUSTOMER City of Saint John March 18, 2010 Bell Aliant Ethernet Services Schedule Version 1.1 -0807 -8442 Page 2 of 2 66 Agreement Number:CN -0807 -8442 March 18, 2010 REPORT TO CtININION COUNCIL 5 July 2010 His Worship Mayor Ivan Court And Members of Common Council Re. Discount Program PURPOSE The purpose of this report is to recommend approval of the attached agreement between the City of Saint John and Bell Aliant Regional Communications, Limited Partnership ( "Bell Aliant ") (Agreement Number CN -1003- 13903) related to the Discount Program Schedule. ANALYSIS In March of 2010 the City entered into an agreement with Bell Aliant for a new phone system. As a result of this agreement the City is entitled to a yearly discount, This discount comes in the form of a credit once a year and will be applied to the City telephone budget. FINANCIAL The attached document details the term and conditions of the discount program totaling an estimated $58,918 per year. This discount is a direct result of executing contract (CN -0807- 8441) March 291h 2010. Noteworthy, this discount will be applied as a credit the City's Bell Aliant account and will serve to reduce monthly recurring telecommunication expenses by 30 %. INPUT FROM OTHER SOURCES The attached has been reviewed by the City's legal department and Information Technology Department. RECOMMENDATION; It is recommended that the Mayor and Clerk be authorized to sign the contract for service as attached. Respectfully submitted, 67 Ian Macl{i non Information Technology Manager Patrick Woods City Manager .: BeI �' ! � � 1r.. IVEaster Agreement Number: CN -D80i -8441 Agreement Number: CN- 1003 - 13903 LOYALTY DISCOUNT PROGRAM SCHEDULE Customer dame: Cit y Of Saint Jahn (the "Customer ") The program described in this Loyalty Discount Program Schedule (the "Services Schedule"} is provided in accordance with and governed by the Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership ( "Bell Aliant'). Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Services Agreement and the Services Schedule. 1. TERM a. Effective Date: The Effective Date of this Services Schedule is the 31 day of March, 2010. b. Service Term: This Services Schedule shall be in effect for the period in which a service schedule for Services set out in Section 3(f), subject to Section 3(e), is valid and in effect under the Master Services Agreement (the "Term"), In the event that the Customer receives any of the Services as set out in Section 3(f) from a competitor to Bell Aliant, subject to Section 3(e), then, subject to the mutual agreement of the parties to the contrary, this Services Schedule shall be deemed terminated and no further Loyalty Discount Payments shall be owed. c. Termination by, Bell Aliant: Notwithstanding the above, Bell Aliant may choose to terminate this Services Schedule by providing the Customer one hundred and eighty (180) days advance notice. 2. PROGRAM DESCRIPTION a. For each 12 month period of the agreement, beginning on the Effective Date (the "Contract Year"),. Bell Aliant shall provide to the Customer a loyalty discount (the "Loyalty Discount'), in the amount set out in Section 3, only if- i. Bell Aliant has been the supplier of one hundred percent (100 %) of all Services listed in Section 3(6, subject to Section 3(e), to the Customer and any of its affiliates covered by the Master Services Agreement; ii. The Customer has fulfilled all volume commitments under all service schedules pertaining to the Services set out in Section 3(f) in accordance with the appropriate service schedule; and iii. The Customer is not otherwise in default under the Master Services Agreement, any service schedule for Services in Section 3(f) or this Services Schedule. 3. DISCOUNT PAYMENT TERMS a. Discount Calculation: The Loyalty Discount payment for each Contract Year of this Service Schedule will be an amount equal to $58,918.40 annually for all Services listed in Section 3(f) to this Services Schedule, provided to the Customer in accordance with an executed service schedule under the Master Services Agreement, and provided to the Customer by Bell Aliant in Atlantic Canada as set out in the applicable service schedules of the Master Services Agreement. Bell Aliant will not pay a Loyalty Discount on any Services provided to Customer outside of Atlantic Canada. b. Limitation of Discount: The parties acknowledge and agree the calculation of this Loyalty Discount is based on the price of the Services as offered at the time of the Effective Date of this Service Schedule. Should any further discounts be given on the prices of the Services provided in Section 3(f), this Services Schedule shall be null and void unless renegotiated and agreed to in writing by both parties. c. Payment by Bell Aliant: The Loyalty Discount shall be paid at the beginning of each Contract Year with respect to which it is paid. Customer acknowledges that the Loyalty Discount is paid by Bell Aliant in consideration of the conditions set out in Section 2(a) and agrees that, should any or all of the conditions set out in Section 2(a) not be met during a Contract Year (but after the Loyalty Discount has been paid in respect thereof), Bell Aliant and Customer shall negotiate in good faith a mutually acceptable agreement with respect to repayment of the Loyalty Discount for that Contract Year. Bell Aliant will pay the Customer the appropriate sales tax on the Loyalty Discount Program 'Payment. The Customer warrants its GSTIHST registration number is 122581158RTQ41RT. The Customer further warrants that the sales taxes collected on the payment from Bell Aliant will be remitted to the appropriate government agency. d. Compliance Certification: At the end of each Contract Year, prior to the payment of the Loyalty Discount by Bell Aliant, the Customer will certify in writing to Bell Aliant their compliance with terms of this Services Schedule and Bell Aliant shall have the right, in its sole discretion, to confirm such compliance by the Loyalty Discount Program Schedule Version 1.6- 1003 -13903 Page 1 of 2 March 18, 2010 69 BeIlAliant Master Agreement Number: CN -0807 -8441 Agreement Number: CN -1003 -13903 Customer. e. Service Migration: As of the Effective Date of this Services Schedule, if the Customer is receiving any of the Services set out in Section 3(f) by another provider, in accordance with and under the terms of an executed agreement, Bell Aliant may choose not to use that Service in its determination of whether the Customer has met its commitments under this Services Schedule for the period of the remaining term of such contract, with no renewals or extensions to be entered into. Upon the expiry of the term in effect as of the Effective Date of this Agreement, with no renewals or extensions, the Customer must migrate all Services to Bell Aliant or this Services Schedule shall be deemed terminated effective as of that date, Service Elicilbility: The Services identified in Table 1, if provided in accordance to a service schedule executed and in place under the Master Services Agreement, are eligible for Loyalty Discount Payment under the terms of this Services Schedule, and must be provided exclusively by Bell Aliant during the Term of this Services Schedule, subject to Section 3(e), in order for the Customer to continue to receive the Loyalty Discount payment. In accordance with Telecom Decision CRTC 2007 -74, Bell Canada - Application to modify the rules for mixed Type 2 customer - specific arrangements dated 17 August 2007, notwithstanding any discounts offered under this Services Schedule, the total amount billed for all Services under the Master Services Agreement shall in no event be less than the sum of all rates required to be charged for the Regulated Services. Table 1 Services Eli ible for Loyal t Discount Local Access Data g. Non Bell Aliant Suuniied Services: Bell Aliant will not pay a loyalty bonus for any part of the Service Term in which the Customer acquires non- tariffed services from another supplier. By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by its ral Partner Bell Aliant Regional Communns c. SIGNATURE: Mayor NAME Common NAME: Clerk: NAME TITLE:�,'x,,,;� p'7 �rr�j• Resolution DATE: DATE: DATE: CUSTOMER City of Saint John Loyalty Discount Program Schedule Version 1.$ -1003 -13903 Page 2 of 2 March 18, 2010 70 liant Master Agreement Number: CN -0$07 °8441 Agreement Number: CN- 1003 -13903 LOYALTY DISCOUNT PROGRAM SCHEDULE Customer Name: Cit Of Saint John (the "Customer ") The program described in this Loyalty Discount Program Schedule (the "Services Schedule ") is provided in accordance with and governed by the Master Services Agreement between the Customer and Bell Aliant Regional Communications, Limited Partnership ( "Bell Aiianf'). Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement and is governed by its terms and conditions, with effect from the date of execution of this Services Schedule by the Customer. Capitalized terms used but not defined in this Services Schedule have the meanings given to them in the Master Services Agreement. For the purposes of this Services Schedule, references to the "Agreement" shall include both the Master Services Agreement and the Services Schedule. 1. TERM a. Effective Date: The Effective Date of this Services Schedule is the 31 day of March, 2010. b. Service Term: This Services Schedule shall be in effect for the period in which a service schedule for Services set out in Section 3(f), subject to Section 3(e), is valid and in effect under the Master Services Agreement (the "Term "). In the event that the Customer receives any of the Services as set out in Section 3(f) from a competitor to Bell Aliant, subject to Section 3(e), then, subject to the mutual agreement of the parties to the contrary, this Services Schedule shall be deemed terminated and no further Loyalty Discount Payments shall be owed. c. Termination by Bell At !ant: Notwithstanding the above, Bell Aliant may choose to terminate this Services Schedule by providing the Customer one hundred and eighty (180) days advance notice. 2. PROGRAM DESCRIPTION a. For each 12 month period of the agreement, beginning on the Effective Date (the "Contract Year"), Bell Aliant shall provide to the Customer a loyalty discount (the "Loyalty Discount "), in the amount set out in Section 3, only if: i. Bell Aliant has been the supplier of one hundred percent (100 %) of all Services listed in Section 3(f), subject to Section 3(e), to the Customer and any of its affiliates covered by the Master Services Agreement; ii. The Customer has fulfilled all volume commitments under all service schedules pertaining to the Services set out in Section 3(f) in accordance with the appropriate service schedule; and iii. The Customer is not otherwise in default under the Master Services Agreement, any service schedule for Services in Section 3(f) or this Services Schedule. 3. DISCOUNT PAYMENT TERMS a. Discount Calculation: The Loyalty Discount payment for each Contract Year of this Service Schedule will be an amount equal to $58,918.00 annually for all Services listed in Section 3(f) to this Services Schedule, provided to the Customer in accordance with an executed service schedule under the Master Services Agreement, and provided to the Customer by Bell Aliant in Atlantic Canada as set out in the applicable service schedules of the Master Services Agreement. Bell Aliant will not pay a Loyalty Discount on any Services provided to Customer outside of Atlantic Canada. b. Limitation of Discount: The parties acknowledge and agree the calculation of this Loyalty Discount is based on the price of the Services as offered at the time of the Effective Date of this Service Schedule. Should any further discounts be given on the prices of the Services provided in Section 3(f), this Services Schedule shall be null and void unless renegotiated and agreed to in writing by both parties. c. Payment by BeII Aliant: The Loyalty Discount shall be paid at the beginning of each Contract Year with respect to which it is paid. Customer acknowledges that the Loyalty Discount is paid by Bell Aliant in consideration of the conditions set out in Section 2(a) and agrees that, should any or all of the conditions set out in Section 2(a) not be met during a Contract Year (but after the Loyalty Discount has been paid in respect thereof), Bell Aliant and Customer shall negotiate in good faith a mutually acceptable agreement with respect to repayment of the Loyalty Discount for that Contract Year. Bell Aliant will pay the Customer the appropriate sales tax on the Loyalty Discount Program Payment. The Customer warrants its GST /HST registration number is 122581158RT001RT. The Customer further warrants that the sales taxes collected on the payment from Bell Aliant will be remitted to the appropriate government agency. d. Compliance Certification: At the end of each Contract Year, prior to the payment of the Loyalty Discount by Bell Aliant, the Customer will certify in writing to Bell Aliant their compliance with terms of this Services Schedule and Bell Aliant shall have the right, in its sole discretion, to confirm such compliance by the Loyalty Discount Program Schedule Version 1.6 -1003 -13803 Page 1 of 2 March 18, 2010 71 ir � 1 I � t Master Agreement Number. GN -0807-8441 Agreement Number: GN- 1003 -13903 Customer. e. Service Migration: As of the Effective Date of this Services Schedule, if the Customer is receiving any of the Services set out in Section 3(P by another provider, in accordance with and under the terms of an executed agreement, Bell Aliant may choose not to use that Service in its determination of whether the Customer has met its commitments under this Services Schedule for the period of the remaining term of such contract, with no renewals or extensions to be entered into. Upon the expiry of the term in effect as of the Effective Date of this Agreement, with no renewals or extensions, the Customer must migrate all Services to Bell Aliant or this Services Schedule shall be deemed terminated effective as of that date. Service Eligibility: The Services identified in Table 1, if provided in accordance to a service schedule executed and in place under the Master Services Agreement, are eligible for Loyalty Discount Payment under the terms of this Services Schedule, and must be provided exclusively by Bell Aliant during the Term of this Services Schedule, subject to Section 3(e), in order for the Customer to continue to receive the Loyalty Discount payment. In accordance with Telecom Decision CRTC 2007 -74, Bell Canada - Application to modify the rules for mixed Type 2 customer - specific arrangements dated 17 August 2007, notwithstanding any discounts offered under this Services Schedule, the total amount billed for all Services under the Master Services Agreement shall in no event be less than the sum of all rates required to be charged for the Regulated Services. Table 1 g. Non Bell Aliant Supplled Services: Bell Aliant will not pay a loyalty bonus for any part of the Service Tenn in which the Customer acquires non- tariffed services from another supplier. By signing below, Bell Aliant and the Customer agree that this Services Schedule is attached to and forms part of the Master Services Agreement. BELL ALIANT REGIONAL COMMUNICATIONS, LIMITED PARTNERSHIP by Its General Partner Bell Aliant Regional Communication . SIGNATURE J Mayor NAME /f Common NAME: Clerk: NAME TITLE: Resolution DATE: DATE: DATE: CUSTOMER City of Saint John Loyalty Discount Program Schedule Version 1.6 -1003 -13903 Page 2 of 2 March 18, 2010 72 REPORT TO COMMON COUNCIL July 5, 2010 His Worship Mayor Ivan Court city of Saint )ohn And Members of Common Council Your Worship and Councilors SUBJECT: PURCHASE OF LICENCES FOR MICROSOFT SOFTWARE BACKGROUND The City uses a number of software products provided by Microsoft. These include the operating systems for 602 desktop computers, the operating systems for various servers, the Microsoft Office Suite and various other software products. This software requires the acquisition of licenses from Microsoft to gain the rights to use the latest versions of software products, to have access to upgrades and to be compliant with the law. Since 2001, the City has acquired software licenses and has subscribed to Microsoft's software assurance through the Province of New Brunswick (PNB) agreement with Microsoft. PNB's agreement with Microsoft expired on April 1, 2010. PNB has signed a new agreement for a term of one year with Microsoft and selected Xwave as their local vendor. In order to continue to use the software, the City is required to enroll into an agreement with Microsoft. ANALYSIS The pricing of the various software licenses is based upon the total number of licenses acquired. Historically, the total number of licenses acquired by the Province as well as other participating municipalities enabled the City to be able to obtain a lower price per license than if it were to enter into a direct agreement with Microsoft. As of April 2010, the City of Saint John has been offered the same volume discount without leveraging the provincial contract. Most of the expenditure (90 %) is the subscription to Software Assurance for Microsoft products such as Office Suite, Windows and servers Client Access Licenses. Software Assurance enables the City of Saint John to use the latest version of the software, take advantage of technology advancements available through future version software product releases, 73 training and support. The remaining 10% is spent on new licenses for Microsoft products. FINANCIAL IMPLICATIONS It is estimated that the City will expend approximately $158,758 per year, depending on the quantity of software licenses acquired. Funds are provided in the Operating Budget to cover these expenditures. INPUT FROM {OTHER SOURCES These documents have been reviewed by the City's legal department and Information Technology department. RECOMMENDATIONS It is recommended that Common Council authorize the enrollment into an agreement with Microsoft Corporation. This will provide licensing of software as provided for in the attached agreement with Microsoft Corporation. Respectfully submitted, Ian Mi4clKinn6n Information Technology Manager Patrick Woods City Manager 74 Enterprise Signature Farm MBAIMBSA number Agreement number Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. Micrasoft, I Volume Licensing SGN- 1- 10K5J47 Microsoft to complete This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Microsoft Business and Services Agreement Number ..- 720 -10001 Enterprise Agreement X20 -00023 Enterprise Enrollment X20 -01087 Enterprise Agreement Customer Price Sheet 002 -E3 -2010- 0096102 EA and EAS Media Election Form NIA Supplemental Enterprise Agreement Terms and Conditions NIA -Multiple Previous Enrolment Farms NIA -Qualifying Government Entity Addedum NIA Enterprise Enrollment Amendment CTM New By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Microsoft Customer Name of Entity' The City of Saint John Microsoft Licensing, GP Signature * Signature Printed Name Printed Title * Printed Name Signature Date * Printed Title Signature Date (date Microsoft Affiliate countersigns) Tax ID Effective Date (may be different than Microsoft's signature date) indicates required field ProgramSignForm (Commercial)(NA)(E NG)(Qct2oo9) 75 Page 1 of 2 Optional 2nd Customer signature or Outsourcer Signature (if applicable) Name of Entity * Name of Entity * Signature * I Signature* Printed Name * Printed Title * Signature Date * Printed Name * Printed Title * Signature Date * If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. If no media form is included, no physical media will be sent. After this signature farm is signed by the Customer, send it and the Contract Documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Licensing, GP Dept. 551, Volume Licensing 5100 Neil Road, Suite 210 Reno, Nevada 89511 -1137 LISA Prepared By, Scott McElman, xwave scott.mcelman@xwave.com ProgramSignForm (Commercial)(NA)(ENG)(Qct2OO9) Page 2 of 2 76 Select Signature Form MBAIMBSA number Agreement number Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. Mic►asoft I Volume Licensing SGN- - Microsoft to complete This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Select Agreement .- ..- X20 -01276 Select Enrollment X20 -01327 <Choose One> Choose Cine> Select Volume Forecast Form X20 -00243 Select Media Election Form NIA Qualifying Government Entity Addendum NIA By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read and understand the above contract documents, including any websites or documents incorporated by reference and any amendments and (2) agree to be bound by the terms of all such documents. Microsoft Customer Name of Entity The City of Saint John Microsoft Licensing, GP Signature * Signature Printed Name Printed Title * Printed Name Signature Date * Printed Title Signature Date (date Microsoft Affiliate countersigns) Tax ID Effective Date (may be different than Microsoft's signature date) * indicates required field Prog ra m S ig n Fo rm (Commerci a I) (NA) (E NG) (Oct2OD9) 77 Page 1 of 2 Optional 2nd Customer signature or Outsourcer Signature (if applicable) Name of Entity' Name of Entity * Signature * 4 Signature* Printed Name * Printed Title * Signature Date * Printed Name * Printed Title * Signature Date * If Customer requires physical media, additional contacts, or is reporting multiple previous Enrollments, include the appropriate form(s) with this signature form. If no media form is included, no physical media will be sent. After this signature form is signed by the Customer, send it and the Contract documents to Customer's channel partner or Microsoft account manager, who must submit them to the following address. When the signature form is fully executed by Microsoft, Customer will receive a confirmation copy. Microsoft Li'censi'ng, GP Dept. 551, Volume licensing. 5100 Neil Road, Suite 210 Reno, Nevada 89511 -1137 USA Prepared By: Scott McElman, xwave scott.rncelman@xwave.com ProgramSignForm (Commercial)(NA)(ENG)(Oct2a09) Page 2 of 2 78 Mayor Ivan Court Mayor's Office Bureau du maire (0-04-1 SAINT JOHN �r WHEREAS: WHEREAS: PROCLAMATION literacy is vital to our social and economic development as a city; and our city values support for the literacy development of families; and WHEREAS: family and neighbourhood learning resources help maintain the literacy levels of children and adults of all ages; and WHEREAS: families in all our neighbourhoods can benefit from access to books and reading; and WHEREAS: storytents are an effective way to bring books, reading support, and the library's Summer Reading Club to neighbourhoods; NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim July 5th, 2010 as "New Brunswick Storytent Launch Day" in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 1 ,, P.O. Box 1971 Saint John, NB Canada E2L 41 I vwwv,saintjohn.ca I C.P. 1971 Saint John, N. -B. Mayor Ivan Court Mayor's Office Bureau du maire J0I11ij PROCLA 14TION WHEREAS: Saint John has produced many national and world class athletes over its 225 year past; and WHEREAS: Corporal Charles Ingraham Gorman served his country proudly during WWI with the Canadian Machine Gun Battalion; and WHEREAS: Charles Gorman was an outstanding baseball player, bowler, boxer and track star; and WHEREAS: Charles Gorman won international acclaim by winning national, international and world speed skating championships both here at Lily Lake and in other places in Canada and the United States; and WHEREAS: Gorman, the athlete with the "Million Dollar Legs ", was New Brunswick's first winter Olympian and the first Canadian Olympic speed skater; and WHEREAS: after retiring from his athletic career, Gorman entered into partnership with the late KC Irving and established three Irving service stations in the North End; and WHEREAS: on Tuesday, July 6th at 12 noon, being the 113th anniversary of Gorman's birth, the citizens of Saint John will dedicate a commemorative headstone on his grave site at the Old Cedar Hill Cemetery on Lancaster Avenue �west, NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim Tuesday, July 6Lh, 2010 as Charles Gorman Day in the City of Saint John. In witness whereof I have set my hand and affixed the official of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca C.P. 1971 Saint :E REPORT TO COMMON COUNCIL OPEN SESSION M &C- 2010 -212 June 21, 2010 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: RE. Website Redevelopment alp ,l City of Saint John Over the past several months staff have been working on the redevelopment of the City's external website. From a technical standpoint the site is now ready to launch we are now completing some content pieces and getting information translated. The actual launch of the new site is expected to be mid July. In anticipation of the launch of the site staff would like the opportunity at the July 5h meeting of Common Council to provide a brief introduction to the new website and some of the features that have been added. The presentation will take 10 -15 minutes. Respectfully submitted, "Ji l- An&ew P. Beckett M.A., C.A. Deputy City Manager Programs & Priorities J. trick Woods C.G.A. Ci Manager A 9. (0) PROPOSED MUNICIPAL PLAN AND ZONING BY -LAW AMENDMENTS RE: 47 -51 AND 63 -69 ROSS STREET AND 72 -74 ST. JAMES STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 5, 2010 at 7:00 p.m., by: 1. Redesignating on Schedule 2 -A and 2 -C of the Municipal Development PIan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, as illustrated below. 2. Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28 of the Municipal Development Plan: "x) parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800." 3. Rezoning the same parcels of land from "RM- IF" Multiple Residential Infili to "B -2" General Business. [INSERT MAP] REASON FOR CHANGE: To permit a parking area. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint 82 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 47 -51 ET 63 -69, RUE ROSS ET 72 -74, RUE ST. JAMES Par les pr6sentes, un avis public est donne par lequel le conscil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et 1'amat6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra daps la salle du conscil le lundi 5 juillet 2010 a 19h, en apportant les modifications suivantes : 1. la reclassification, a ]'annexe 2 -A et 2 -C du plan d'am6nagement municipal, des parcelles de terrain d'une superficie d'environ 1 880 metres carr6s, situ6es au 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, pour les faire passer de zone residentielle de densite moyenne a zone d'amenagement commercial approuvi, comme le montre la carte ci- dessous. 2. I'aiout des parcelles de terrain suivantes a la liste des am6nagements commerciaux approuv6s a Palin6a 2.4.6.28 du plan d'amenagement municipal : «x) des parcelles de terrain dune superficie d'environ 1 880 metres carr6s, situ6e au 47- 51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800. » 3. la modification du zonage des parcelles de terrain pr6cit6es pour les faire passer de zone d'edification de logements multiples sur terrain intercalaire «RM -IF o a zone commerciale g6nerale « B-2 ». [IN SERER LA CARTE] RAISON DE LA MODIFICATION: Permettre une afire de stationnement. Toute personne intdress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a 1'h6tel de ville au 15, Market John, N.B. between the hours of 8:30 a.m. and 4:30 Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 p.m., Monday through Friday, inclusive, holidays du lundi au vendredi, sauf les jours f6ri6s. excepted. Written objections to the amendments may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 83 Veuillez faire part de vos objections aux projets de modification proposes par 6crit a I'attention du soussign6 a Ph6tel de ville. Elizabeth Gormley, greffiere communale 658 -2862 t A A 84 Slk*, 04 G A a t---t BY -LAW NUMBER C.P. 105- A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 105 -_ ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a ddict6 follows: cc qui suit: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "x) parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Nos. 00001628, 00001610, 00001594, 00001586 and 00001800." - 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 L'arr&6 relatif au plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifi6 par: 1 la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la designation des parcelles de terrain dime superficie d'environ 1880 metres carr6s, situ6es au 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone r6sidentielle de densite moyenne a zone d'amdnagement commercial approuv6; 2 I'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a 1'alin6a 2.4.6.28 : << x) des parcelles de terrain d'une superficie d'environ 1880 metres carr6s, situ6es au 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800.» - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr6t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2010, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 85 q. / 00) 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 parcels of land with an area of approximately 1880 square metres, located at 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street, also identified as PfD numbers 00001628, 00001610, 00001594, 00001586 and 00001800, from "RM -IF" Multiple Residential Infill to "B -2" General Business - 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 d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decret6 le dix -neuf (19) ddcembre 2005, est modifid par: I La modification de 1'annexe <<A », Plan de nonage de The City of Saint John, permettant de modifier la designation pour des parcelles de terrain d'une superficie d'environ 1 880 metres canes, situees au 47 -51 et 63 -69, rue Ross et 72 -74, rue St. James, et portant les NID 00001628, 00001610, 00001594, 00001586 et 00001800, de zone d'ddification de logements multiples sur terrain intercalaire « RM -117 » a zone commerciale gen6rale «B -2» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son secau communal sur le present arret6 le 2010, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premi6re lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture I June 30, 2010 Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning Application - 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street On May 25, 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 June 29, 2010 meeting. Victor Train, the applicant, was present at the meeting. He indicated that he was in support of the recommendation, except recommendation 3(g). He argued that the requirement of security in respect to landscaping works was excessive and unnecessarily restricted capital dependent upon the City completed works along the public right -of -way. His associates, Mark Arsenault and Myra Eatman, gave a presentation before the Committee illustrating some of the improvements the applicant has made to the area. No one else appeared before the Committee. However, 14 letters of support were received and no letters opposing were received. Copies of the letters are attached. Separately, the Committee granted a number of variances and imposed no additional terms and conditions on the proposed parking area. The Committee discussed the appropriateness of security and asked a number of questions to the applicant and to staff. After a lengthy discussion, the Committee adopted the following revised recommendation, which removed recommendations 3(g) and 4 of the staff recommendation: RECOMMENDATION: 1. That Common Council amend the Municipal Plan by: a) Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63- 69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800. 87 IPM b) Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "x) parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800." 2. That Common Council rezone the same parcels of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72- 74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 be subject to an agreement setting out the following conditions: a) The use of the subject sites be limited to a parking area; b) The site shall not be developed except in accordance with a survey- accurate site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, concrete curbing, fencing, landscaping, lighting and any other site features. The approved site plan must be attached to any application for building or change of use permit for the development. c) That the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled. d) That a plan showing the location and width of access points to the site be prepared and subject to the approval of the Chief City Engineer or his designate; e) All site improvements shown on the approved plans must be completed by July 31, 2011, with the exception of the proposed landscape planters along the Ross Street frontage of the site. f) That the proposed landscaped planters be completed within one (1) year of the substantial completion of the proposed infrastructure upgrades to Ross Street as outlined in the City's program of capital projects. And further that upon rezoning of the subject sites, the land and any building or structure thereon must be developed and used in conformity with the conditions identified herein. N Respectfully submitted, Carl Killen Chairman NG Project No. 2010 -078 1192 DATE: TO: FROM: FOR: PREPARED BY: JUNE 25, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING � PLANNING AND DEVELOPMENT MEETING OF JUNE 29, 2010 REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: Ken Forrest, MCIP, RPP. Commissioner 514574 NB Ltd. 514574 NB Ltd. 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street 00001628, 00001610, 00001594, 00001586 and 00001800 Existing: Medium Density Residential Proposed: Approved Commercial Development Existing: "RM -IF" Multiple Residential Infill Proposed: `B -2" General Business To recognize the existing commercial parking areas as permitted uses. Municipal Plan Amendment, Rezoning, Conditional Use and Variances to: A 514574 NB Ltd. 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street JURISDICTION OF COMMITTEE: Page 2 June 25, 2010 a) reduce the minimum required width of the aisle in the parking area at 47 -51 Ross Street from 7.5 metres (24.6 feet) to approximately 7.3 metres (24 feet) and 6.7 metres (22 feet); b) reduce the minimum required width of the aisle in the parking area at 63 -69 Ross Street from 7.5 metres (24.6 feet) to approximately 4.6 metres (15 feet) and 4.9 metres (16 feet); c) reduce the separation distance between a site access and property line from 1.5 metres to 0 metres at 63 -69 Ross Street; d) to permit parking within 0.6 metres of the eastern and northern property boundaries at 47 -51 Ross Street; e) reduce the minimum required landscaping at 47 -51 Ross Street along the side property line abutting 43 Ross Street from 3 metres to zero; f) reduce the minimum required landscaping at 47 -51 Ross Street along the rear property line adjacent to 62 St. James Street from 2 metres to zero; g) reduce the minimum required front yard landscaping at 47 -51 Ross Street and 63 -69 Ross Street from 2 metres to approximately 1.2 metres; h) to permit parking within 0.6 metres of the eastern and western property boundaries at 72 -74 St. James Street; i) reduce the minimum required landscaping at 63 -69 Ross Street along the side property line abutting 71 Ross Street from 3 metres to zero. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, July 5, 2010. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. The Committee can impose conditions. 91 514574 NB Ltd. 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street Page 3 June 25, 2010 The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a parking area in the `B -2" General Business zone. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Plan by: a) Redesignating on Schedule 2 -A and 2 -C of the Plan, from Medium Density Residential to Approved Commercial Development, parcels of land with an area of approximately 1,880 square metres, located at 47 -51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800. b) Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "x) parcels of land with an area of approximately 1,880 square metres, located at 47- 51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800." 2. That Common Council rezone the same parcels of land from "RM -IF" Multiple Residential Infill to `B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use and development of parcels of land with an area of approximately 1,880 square metres, located at 47- 51 Ross Street, 63 -69 Ross Street and 72 -74 St. James Street, also identified as PID Numbers 00001628, 00001610, 00001594, 00001586 and 00001800 be subject to an agreement setting out the following conditions: a) The use of the subject sites be limited to a parking area; b) The site shall not be developed except in accordance with a survey- accurate site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location and treatment of parking areas, driveways, concrete curbing, fencing, landscaping, lighting and any other site features. The approved site plan must be attached to any application for building or change of use permit for the development. c) That the developer provide a detailed stormwater and site drainage plan and report, subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled. d) That a plan showing the location and width of access points to the site be prepared and subject to the approval of the Chief City Engineer or his designate; 92 514574 NB Ltd. 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street Page 4 June 25, 2010 e) All site improvements shown on the approved plans must be completed by July 31, 2011, with the exception of the proposed landscape planters along the Ross Street frontage of the site. f) That the proposed landscaped planters be completed within one (1) year of the substantial completion of the proposed infrastructure upgrades to Ross Street as outlined in the City's program of capital projects. g) The developer provide security in the form of cash, certified cheque or letter of credit, in an amount to be determined by the Development Officer to ensure the required landscaping and site work is completed. And further that upon rezoning of the subject sites, the land and any building or structure thereon must be developed and used in conformity with the conditions identified herein. 4. That third reading of the amendments not be given until the security mentioned in condition 3(g) is provided to the City. 5. That the Planning Advisory Committee grant variances to: a) reduce the minimum required width of the aisle in the parking area at 47 -51 Ross Street from 7.5 metres (24.6 feet) to approximately 7.3 metres (24 feet) and 6.7 metres (22 feet); b) reduce the minimum required width of the aisle in the parking area at 63 -69 Ross Street from 7.5 metres (24.6 feet) to approximately 4.6 metres (15 feet) and 4.9 metres (16 feet); c) reduce the separation distance between a site access and property line from 1.5 metres to 0 metres at 63 -69 Ross Street; d) permit parking within 0.6 metres of the eastern and northern property boundaries at 47 -51 Ross Street; e) reduce the minimum required landscaping at 47 -51 Ross Street along the side property line abutting 43 Ross Street from 3 metres to zero; f) reduce the minimum required landscaping at 47 -51 Ross Street along the rear property line adjacent to 62 St. James Street from 2 metres to zero; g) reduce the minimum required front yard landscaping at 47 -51 Ross Street and 63 -69 Ross Street from 2 metres to approximately 1.2 metres; h) permit parking within 0.6 metres of the eastern and western property boundaries at 72 -74 St. James Street; i) reduce the minimum required landscaping at 63 -69 Ross Street along the side property line abutting 71 Ross Street from 3 metres to zero. 93 514574 NB Ltd. 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street Page 5 June 25, 2010 6. That the Planning Advisory Committee impose no additional terms and conditions upon the establishment and operation of a parking area in a `B -2" General Business zone. BACKGROUND: On December 15, 1988 the adjacent site at 70 St. James Street and 55 -57 Ross Street was redesignated under the Municipal Plan from Medium Density Residential to Light Industrial and rezoned from "RM- 1" Three Storey Multiple Residential to "I -1" Light Industrial, on the condition that: a) The use of the property be limited to a combination of uses which may include: a business office, retail store, athletic club, photography studio, printing services, automatic laundry or laundry agency, interior decorating studio, catering establishment, trade or business school, electronic or electronic equipment assembly, film processing or testing laboratory, sign manufacturing, tent and awning manufacturer, jewellery manufacturing, parking areas, wholesale business, warehouse, building equipment and material storage, or workshop complementary to a retail store; b) Outside storage of any kind be prohibited; and c) A plan be required for approval by the Development Officer illustrating the parking lot, loading area and landscaped areas. The applicant had indicated in the application that the site had been constructed and used as a warehouse since 1919. Although the property was rezoned by Common Council, Staff had recommended against the rezoning request, citing parking availability as an issue. In August of 1989 an application was received requesting that the Section 39 conditions imposed on the 1988 rezoning of the adjacent site be amended to permit the development of approximately 186 square metres (2,000 square feet) of the warehouse space as an amusement place with 9 video machines and an indoor paintball "maze ". The Committee recommended denial of the application due to concerns regarding parking, hours of operation and the suitability of the location. Common Council denied the requested Section 39 amendment. Some years ago the applicant demolished a dilapidated building and removed a variety of junk materials and vehicles from the subject sites and paved the subject sites without approval of the City. The applicant is now seeking to have these properties rezoned to allow their continued use as commercial parking areas. In 2009, a Municipal Plan Amendment and Rezoning application was received to recognize the existing commercial parking areas on the subject site as permitted uses. The 2009 application dealt with the same area of land as the current application. On August 11, 2009 the Planning Advisory Committee recommended to Common Council that the Municipal Plan be amended by redesignating the area from Medium Density Residential to Approved Commercial Development and that the area be rezoned from "RM -IF" Multiple Residential Infill to `B -2 " General Business. Section 39 conditions were also recommended limiting the use of the site to a parking area, requiring a site plan of the proposed parking area for Development Officer approval and requiring landscaping along the side and rear yards. As a condition of approval, all site improvements were to be completed within one year of the issuance of the 94 514574 NB Ltd. Page 6 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street June 25, 2010 building or change of use permit. A bond was also required from the developer prior to third reading to ensure the landscaping and site work was completed. The application dealt with at the August 11, 2009 Planning Advisory Committee meeting also included variance requests to: reduce the minimum required aisle width from 7.5 metres to approximately 7.3 metres, reduce the minimum required front yard landscaping from 2 metres to approximately 1.5 metres, reduce the minimum required landscaping along the side property line abutting 43 Ross Street from 3 metres to approximately 1 metre, reduce the minimum required landscaping along the rear property line adjacent to 62 St. James Street from 2 metres to zero, and reduce the minimum required landscaping along the side property line abutting 71 Ross Street from 3 metres to approximately 1.2 metres. The Planning Advisory Committee denied the requested variances and granted variances to reduce the minimum required aisle widths from 7.5 metres to approximately 6.7 metres; and reduce the minimum required landscaped side yards adjacent to an "R" residential zone from 3 metres to 2 metres on the condition that the proposed parking areas satisfy all other requirements of the Zoning By -law with regard to landscaping, setbacks, and parking space dimensions. Common Council gave first and second reading to the Municipal Plan and Zoning By -Law amendments on August 17, 2009. Third Reading of the amendments was postponed as the applicant did not provide security for the necessary landscaping and site work. As third reading of the amendments was not given by January 21, 2010 (six months from the first advertisement regarding the Public Hearing), the proposed amendments resulting from the application were not and cannot be enacted. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering requires that all driveway access /egress points be provided on a drawing to the Department for review and approval by the Chief City Engineer or his designate and that any modifications to on -site drainage will be subject to the a storm drainage design drawing and brief. Buildings and Inspection Services has no concerns with the application. Saint John Transit offers bus service along Charlotte St. to Broad St. in close proximity to these locations. Saint John Parking Commission does not object to the application provided the proposed use complies with the Zoning By -Law requirements. ANALYSIS: Subject Site and Proposed Development The subject sites are located on Ross and St. James Streets between Germain Street and Charlotte Street in the City's South End. The sites are currently vacant, although the properties on Ross Street have been paved by the applicant and are being used for parking. Together, the sites comprise approximately 1,885 square metres (1.5 acres) of area. The sites at 47 -51 Ross Street have approximately 735 square metres (7,911.5 square feet) of area and 24.5 metres (80.4 feet) of frontage, the sites at 63 -69 Ross Street 95 514574 NB Ltd. Page 7 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street June 25, 2010 having approximately 760 square metres (8,180.6 square feet) of area and 24 metres (78.7 feet) of frontage, and the site at 72 -74 St. James Street having approximately 390 square metres (4,198 square feet) of area and 12.8 metres (42 feet) of frontage. Some years ago the applicant demolished a dilapidated building and removed a variety of junk materials and vehicles from the subject sites and paved the subject sites without obtaining the necessary approvals. The applicant is now seeking to have these properties rezoned to allow their continued use as commercial parking areas. A chain link fence with privacy slats is proposed along the property boundary between the site and the adjacent lands at 43 Ross Street. Landscaped planters are proposed along the Ross Street frontage to provide a visual buffer for the parking area. A total of 45 parking spaces are proposed on the two sites with 19 spaces provided at 63 -69 Ross Street and 72 -74 St. James Street and 26 spaces provided at 47 -51 Ross Street. Surrounding Area The surrounding area contains a variety of residential, commercial, and light industrial uses. Residential areas to the north of the subject site include a wide mix of single -, two - family and multiple - family dwellings. Commercial and light industrial uses include the applicant's adjacent light industrial building which currently contains a dental school, and various office, warehouse and institutional uses. Municipal Plan Direction and Zoning Considerations The subject sites are currently zoned "RM -IF" Multiple Residential Infill under the Medium Density Residential designation of the Municipal Plan and the Central Peninsula Neighbourhood Plan. In order to permit a commercial parking area at this location, the applicant has requested that the subject sites be re- designated to Approved Commereial Development and rezoned to `B -2" General Business. Section 2.4.6.6 of the Municipal Plan seeks to ensure that the effects of commercial establishments on adjacent residential premises are minimized by suitable standards and requirements pertaining to: a) The arrangement of lighting facilities; b) The provision of buffer strips between commercial areas and adjacent residential properties; c) The location and treatment of parking areas; d) The minimum setback, side yards and rear yards; and e) The siting of buildings, landscaping, and the location, size and type of signs used. The potential impact of commercial parking areas on adjacent residential uses is clearly recognized by the Municipal Plan, and standards have been set out in the Zoning By -law to mitigate these impacts arising from vehicle headlights, noise, odour, and lighting for parking areas. The Central Peninsula Neighbourhood Plan offers further guidance on the suitability and development of parking areas in several sections. In particular, the Plan directs that the redevelopment of vacant and underutilized land for residential parking is to be encouraged; however, it clearly lays out that redesignation for commercial parking (and other commercial uses) should only be considered when due regard is given to the Municipal Plan policies found in Sections 2.4.4.5, 2.4.4.6 and 2.4.4.7. These 514574 NB Ltd. 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street Page 8 June 25, 2010 sections lay out the guidelines for determining the compatibility of non - residential uses in residential neighbourhoods, and contain provisions including, but not limited, to: a) Location on an arterial or collector street; b) Arrangement of lighting facilities to ensure they do not shine into nearby residences; c) Provision of buffer strips to separate such uses from adjacent residential uses; Additionally, the Central Peninsula Neighbourhood Plan directs that where Council is considering the redesignation of sites for commercial development, the implementing rezoning must limit the use of the site to a specific proposal pursuant to Section 39 of the Community Planning Act. The requested `B -2" General Business zoning would permit a wide range of uses on the subject sites, including a parking area as a conditional use. This allows the Planning Advisory Committee to establish additional terms and conditions on the establishment and use of the parking area as a site - specific use on these properties. The Zoning By -law also sets out standards for the layout and development of parking areas. These standards are designed to ensure that the policies in the Municipal Plan offering separation and buffering between commercial uses and parking areas and residential uses are enacted. Given the subject sites' location abutting residential properties (on two sides in the case of 47 -51 Ross Street, and on three sides in the case of 63 -69 Ross Street and 72 -74 St. James Street), the By -law requires that the minimum side yards of 3 metres (9.8 feet) of the `B -2" General Business zone be landscaped, where parking areas for more than 5 vehicles are developed adjacent to a residential zone, either 2 metres (6.6 feet) of the side yard must be landscaped with shrubs, trees, or hedges in a manner designed to interfere with vehicle headlights shining across property lines or a fence of 1 metre in height must be provided where the landscaping is not expected to thrive. The 2 metres (6.6 feet) of landscaping treatment would be required for the rear of the site at 47 -51 Ross Street as it also abuts a residential property. As well, the By -law requires that the first 2 metres (6.6 feet) of any front yard provided in the `B -2" General Business must also be landscaped; however, this does not prevent driveways or pedestrian walkways from being developed in the front yard. In addition off - street parking cannot be provided within 1.5 metres of a property line. Requested Amendments and Variances As previously noted and as shown on the attached site plan, the applicant is seeking to redesignate and rezone the subject sites, and obtain approval from the Planning Advisory Committee for a conditional use and variances to permit the subject sites to continue to be used as parking areas. This application stems from the approval of the rezoning of the adjacent property at 55 -57 Ross Street to 1-1" Light Industrial by Common Council in 1988. At that time Planning Staff recommended against the rezoning, citing the lack of parking. Only 9 to 10 spaces could be developed on the lands rezoned in 1988 with the potential for up to 25 or 30 spaces to be required depending on the type of use. Staff consider the current use to be an office use in terms of the parking calculation and is therefore severely deficient in terms of parking. 97 514574 NB Ltd. Page 9 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street June 25, 2010 The sites have already been paved by the applicant and are used as parking areas. Given the sites' location on either side of a light industrially zoned property owned by the applicant and in a mixed -use neighbourhood with a variety of commercial and light industrial uses, the proposed parking area use appears appropriate in this context. As a result, staff can support the proposed amendments for the subject site. In analyzing the site plan provided with the City's GIS and aerial photography, the plan appears to generally conform to the property dimensions and location of existing buildings. However, staff recommends that any parking area development on any of the subject sites, if the proposed amendments are approved, be based upon a survey- accurate site plan to be approved by the Development Officer. In addition, the driveway locations will be subject to review and approval of Municipal Operations and Engineering and a storm drainage design drawing and report will also be required for the review and approval of Municipal Operations and Engineering. Variances required pertain to two main design issues: access and circulation aisle dimensions and landscaped setback areas. The proposed site plan provides for 26 parking spaces on the portion of the site located at 47 -51 Ross Street and 19 parking spaces on the portion of the site located at 63 -69 Ross Street and 72 -74 St. James Street. Dimensions of the proposed parking stalls meet the requirements of the zoning by -law; however variances are required for the reduced aisle widths and access locations. Specifically variances are required to reduce the widths of the circulation aisles at 47 -51 Ross Street from 7.5 metres (24.6 feet) to approximately 7.3 metres (24 feet) and 6.7 metres (22 feet) and at 63 -69 Ross Street from 7.5 metres (24.6 feet) to approximately 4.6 metres (15 feet) and 4.9 metres (16 feet). These variances can be supported by staff. On the lands located at 47 -51 Ross Street, variances are required for the following: • to permit parking within 1.5 metres of the property boundaries; • to reduce the required side yard landscaping abutting a residential zone (43 Ross Street) from 3 metres to 0 metres; • to reduce the required rear yard landscaping abutting a residential zone (56 -62 St. James Street) from 2 metres to 0 metres; and • to reduce the required front yard landscaping from 2 metres to approximately 1 metre. The portion of the site located at 63 -69 Ross Street and 72 -74 St. James Street requires variances for the following: • to permit parking within 1.5 metres of the property boundaries; • to reduce the required side yard landscaping abutting a residential zone (71 Ross Street and 78 St. James Street) from 3 metres to 0 metres; • to reduce the required rear yard landscaping abutting a residential zone (78 St. James Street) from 2 metres to 0 metres. The reduction in the 1.5 metre separation from the property line can be supported by staff at this location. Along the eastern and northern boundaries of the portion of the site located at 47 -51 Ross Street, staff recommend that a minimum distance of 0.6 metres be provided between the property boundary and the edge of the parking stalls. A minimum of 0.6 metres should also be provided between .; 514574 NB Ltd. 47 -51 and 63 -69 Ross Street and 72 -74 St. James Street Page 10 June 25, 2010 the property boundary and the edge of the parking stalls for the portion of the site located at 72 -74 St. James Street. Reductions in the required side yards (adjacent to 43 Ross Street, adjacent to 71 Ross Street and adjacent to 78 St. James Street) from 3 metres to zero metres and a reduction in the rear yard (adjacent to 56 -62 and 78 St. James Street) from 2 metres to zero metres are also supported. The applicant is proposing to construct a chain link fence with privacy slats to block the view between the property and adjacent site at 43 Ross Street. This is similar to that constructed between the site and the property at 78 St. James Street. Staff are of the opinion the fence meets the intent of the by -law to visually screen the parking area and to also screen headlights from shining onto adjacent properties. In addition, the property at 62 -64 St. James Street is a non residential use, with no windows in the rear wall of the building facing the parking lot. Therefore, headlights shining towards this building will not affect any residential users. In requesting the variance for the reduction in the required front yard landscaping from 2 metres to approximately 1 metre, the applicant is proposing to construct a planter using landscape blocks along the property frontage. Staff are of the opinion that the requested variance is reasonable and can be supported. The applicant has requested that the requirement to construct the landscaped planters be extended to when the City completes the proposed reconstruction and infrastructure upgrades on Ross Street and St. James Street in order to reduce the possibility of the planters being damaged by construction. This work is expected to occur in 2014. Staff recommend that the installation of the planters be deferred until after the work on Ross Street is completed and that the developer provide security prior to third reading of the requested amendments, in an amount to be determined by the Planning and Development Department to ensure the required landscaping and site work is completed. CONCLUSION: The proposed use of the subject sites as a surface parking area does not appear out of context in the surrounding mixed use neighbourhood and can be supported. The policies of the Central Peninsula Neighbourhood Plan clearly require that Plan amendments and rezoning for commercial uses in the Plan area be accompanied by Section 39 conditions restricting the use to only that proposed. As a result, this condition is recommended and a Section 39 amendment would be required for a future change of use. The proposed variances to permit the parking area to remain are supported with the fencing and site improvements proposed by the applicant. Standard conditions regarding the development of the site, and in particular details regarding the required landscaping, are recommended. MR Project No. 10 -078 9 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT P nude'K'14• >m 1 3112 Jjj 42 Q�+ t° n ,• iw 4 'M% r1 { + {u� s 743 t 1 { ^ 0 Mal� 1 1• L / 76 � � Hard in Q ° 1S e e Is 7s its 1:11 ° r ON 9 s is Iss 'pl- PAOLO ■ in 112 111 •/ v % ID n4 " S S t • n g owe " ° If 3 If 211111 If �• due v� ~ + }1}+ S A 1 34 311 3 0 to I r i � y� Sf *I s° • '° ti • ]m _ y,•I} •,rl {, Irl {IMI A.RM -1 ° 2i �'•' . ., {1 {I {I }1■I{Irl {� •I i'`7 a,{I {i `r * r1 } +•' {I * + }' {'r Subject Site /site en question: - Location: 47 -51 rue Ross St., 63 -69 rue Ross St„ 72 -74 rue St. James St. Date: April 23 avril 2010 Scale /dchelle: Not to scale /Pas ;A Mchelle W1 PID(s) /NIP(s): 00001628,00001610, 00001594, 00001586,00001800 St. James Street Power . T, Power Future Pluihr Pole. FuWre Pleegr Pole Rose. Street 101 June 24, 2010 To. City of Saint John Planning Advisory Committee and Common Council From: Vince Comeau 71 Ross Street I am writing to Victor Train's application for rezoning. I understand he is applying to have his property rezoned for parking next to his businesses on Ross and St. James Street. I have lived here for 7 years now, and the need for parking is great. Any additional parking he can introduce to this area would be a blessing. Victor has improved this area greatly by tearing down old abandoned buildings and Bing up his and neighbouring properties. I am in full support of his application for rezoning. Thank you, Vince Comeau 102 o2 %161 %� na11 - victor train- aacs3I(a)�gimall.Corn nail .. Search trail Search file Web snww leech M10.9 . -�- -T .___......- .,..._..__ Create afatar h4s: /lmail.google.com/mail / ?s hva =1 dacajl@gmail.com I I I JuN Z 2,A3 s 103 Pr9iect-I21grbtQgT0 icala - www.tech.ubc.cs -100% online coupes from the University of Bnfish Columbia. � a ck to I o Archive ; ROW $pem Delete . Mora to Lab* More aeftu - -......,.._.....--- _....... .......... _..... 1 of 376 . Victor Train Nbox x New vo o1V - Houghton, Daniel to planning, victor .. ...._. - ...... `-- ... -...h .. .. - - .. rt' .. show detai Is 8:3f PM (t f otsa ago) aP N Pdn. 7 Irnagea are not disp4ryed. Display images t>aiow - Atwaye display Imaoas from daN@ oogici.ca Sponsored Links To Whom It May Concern, b Read =; 1n _:`. ':: My name is Daniel Houghton, ownerand fasidentof el St Sames Skagit In IIQM of VICton's request for remdnp Whig land on Ross Street; I would IHaa to 15 Diploma programs Apply Now for Sept, 2010 state that VlctorTrafn mantalns his pmperlies very well and i am not opposed to the n=rling. www.ahc.rh. ca Chat Regard$, Gad Diolon?a earth, add, or invile Daniel Houghton, MIT Municipal EIT Got your end a GED Fast Atford ble! Lea Dental tussle C[ CBCL LIm A d 22 OWSteet PO Bm 2DD40, SM Jah.% Ng E2L 5W Setstatushere T:5D54W4W6o • E.dedfe ettel m a F,WoM34M • Ontine - W-'. obdm Educaton.netil;iy,l5r,;,;o: -`;' Alan Robichaud Experience •Vision a Commitment menr.arsenault 1x. was end ay see oelpmfaetivamxwpaAYd tar rmrerlenoe aNy. TheywaSe ca,wfdxed caLeldvvdd andwtme,dad adely fartla uee of Me ir¢vqua lowborn tMr xe addreeaed ryau it!fedill - 42enew a nd_otuc ad_reshid have moakedtNe emaa ih Saar, plane navy the esndY immedat*. CecL L TOxi me mm m w FQ+Idw4'r« amp. r. rnlmedeleccadcry. CRCLtlnaedmoWaimatd New masters for experienced sae "u,ansiedanecnom journalists takes just nine menl Adese Dealer Support a, esucons: r�er: rxa�,,, ro, ;nwhrt,�rorcp�in=i,ylurar -.,�1. www.medill,no;ihwost.:r::_.i, allsj AtlmiO Career TTa Andres Wilson —L,- Canada's Online Schoor for Of bjpassodates - Administration. Get a Free info blackbea Bob McVicar imsge001.Jpg Diploma Galen Ferguson OK �w DG—iqgo asu Lamm More a6guL bogs Ad ccor4acl - ---.._ . al o NB- n -- ==� "r!`� Wuman Rlgtsts Viglaticrs_:, tnufte a friend Indlyidu�Rjghfs n a Gmail to; �i -ePlx B.e I Fo all Eonvard Freedom Rights a Me 501as PreUev� Inutg yRachtolnboA Arehlve Report spem Delft Mae to Labels Mme actions 1 of 376 Use free -. - to download your Piessa+nes to Cuticok or devices that support POP. Leam Mora You are currently using 311 MB I4 %I of your 7469 Me. Las! XCCUM 9Cilviny. 13 hours ago an tl,ls 17 (142.166.45.202}, Dz : is C-hmil dew sldndertl I yL aY chit i hirLs o£ ,f h!!L' I P b§Sli Learn it; C`2010 GuaJk - Terms. Prhnc�v PnBCy. x7uu Pn�acv P -5 aOLn'wi -'cme JuN Z 2,A3 s 103 Lockhart, Lynda From: Houghton, Daniel [danielh @cbcl.ca] Sent: Thursday, June 24, 2010 8:32 PM To: External - Planning Cc: victor @dacsj.com Subject: Victor Train To Whom It May Concern, My name is Daniel Houghton, owner and resident of 61 St. James Street. In light of Victor's request for rezoning of his land on Ross Street, I would like to state that Victor Train maintains his properties very well and I am not opposed to the rezoning Regards, Daniel Houghton, MIT . Municipal EIT CBCL Limited 22 King Street PO Box 20040, Saint John, NB E2L 5132 T: 506- 633 -6650 • E: danielht&?cbcl.ca • F: 506 -633 -6659 • W: www.cbcl.ca CHCLLIMIT" Experience o Vision * Commitment T hiS elrrail and any files transmitted with it are provided for convenience only. They are to be considered confidential and are intended solely for the arse of the Individual to wham they are addressed. If you have received this email in error, please notify the sender immediately. CBCL Limited assumes no responsibility for data transmitted electronically. CBCL Limited maintains all rights to emailed electronic files. Please consider the environment before printing this e-mail. l 1 104 To Planning Advisory Committee and Common Council: I am writing to voice my support for the rezoning of properties owned by Victor Train on Ross and St. James Streets. Victor has cleaned up this neighbourhood by removing old abandoned buildings and renovating existing. Rezoning his adjacent properties for the purpose of parking only makes sense. This lower South End area already has a problem with limited parking, the rezoning to increase parking in this area will most certainly help. Thank u, �, Brian Burley 1166road Street Saint John, NB 105 ` \l T%I4 ❑r June 23, 2010 Planning Advisory Committee and City of Saint John, My name is Raymond Thibodeau, I am a resident of 313 Charlotte Street and have lived here for 12 years. I am writing to let you know I am in favor of Victor Train's application for rezoning some of his property from Residential to B2 for the purpose of providing off street parking for his Dental Assistants College. Victor has made a great deal of improvements to his buildings and surrounding areas. In all my years of renting, I have never seen anyone so dedicated to keeping his tenants and neighbours satisfied. I have had problems in the past with parking in this area, but now, the off street parking Victor has provided is extremely convenient. If the City of Saint John does not allow Victor Train the proper zoning to provide parking-for his Dental Assistants College and his other business tenants, many Residents from this area will be very disappointed. Respectfully, Raymond Thibodeau 106 13 G 1 City of Saint John ATTN: Planing Advisory Committee and Common Council Saint John New Brunswick Canada June 23, 2010 Re: 514574 NB Ltd. (Victor Train) Application for Rezoning from Residential to B -2 Zoning. To Whom it May Concern: I am writing to express my concerns regarding the difficulty Victor Train has had with getting his properties rezoned for parking at 55 Ross Street. This parking is essential to the future operation of this Dental Assistants College. have been an instructor for 16 years, all across Canada, and have instructed at this College for the past 6 years. I would like to inform you that I am in full support his application for rezoning. Please let me know if there is any other information you require that may assist in this matter. Thank you, Glenda Cameron, Instructor Dental Assistants College e of Saint John Inc. g a 55 Ross St. Saint John, NB �fA OF. E21- 1W9 506 - 696 -2299 107 JUNE 20, 2010 TO PLANNING ADVISORY COMMITTEE CITY OF SAINT JOHN PLANNING AND DEVELOPMENT I AM SENDING THIS LETTER TO SUPPORT MR. TRAINS APPLICATION FOR THE REZONING OF ROSS STREET AND ST. ;FAMES STREET PROPERTIES, DIRECTLY IN FRONT OF MY PROPERTY AT 73 ST. JAMES STREET, WHICH I HAVE OWNED SINCE 1964. HE HAS DONE A WONDERFUL JOB TO THE OLD GANDY AND ALLISON BUILDING AND DEMOLISHED THE TWO ABANDONED BUILDINGS WHICH HE PURCHASED DIRECTLY IN FRONT OF MY PROPERTY. THIS OPENED UP A GREAT VIEW OF THE HARBOUR, WHICH I NEVER HAD IN MY FIRST 33 YEARS OF LIVING IN MY HOME. i JEAN SMITH 108 June 16, 2010 Planning Advisory Committee and Common Council, I own and live at 82 Ross Street, Saint John, NB. My six unit apartment building is almost directly across from Mr. Train's properties, and is the only building on the south -side of Ross Street. I have no objections to his properties being rezoned from Residential to B2 zoning. His property is always neat and well maintained, and I have no concerns to this change being made. Sincerely yours, 109 June az, 2010 To Planning Advisory Committee, City of Saint .John From Michelle Young - Mather 59 St. James Street I own the property at 59 St James Street, so I am sending this letter in support of Mr. Train's application for rezoning his property on St. James street and properties on Ross street. He has been a great neighbor and keeps his properties so well maintained therefore I am fully in favor. Michelle Young- Mather 1�Pti: l 110 Wayne LeBlanc 57 St. James Street, Saint John, NB E21- 1V5 June 21, 2010 To Whom I May Concern: Re: Rezoning of proNq on St. James Street and Ross Street owned by Victor Train I have owned property at 57 St. James Street since December of 2003. During my residency on St. James Street I have noted that buildings and properties owned by Victor Train, situated on the opposite side of the street on my block of St. James Street, have been well maintained. I support Victor Train's application to have the property situated beside his facility on my block of St. James Street rezoned to allow for a parking lot for automobiles. Yours Truly, l� Wayne LeBlanc 111 June 24, 2010 To Whom It May Concern: This letter is in reference to the application by Victor Train of company number 514574 NB Ltd. to rezone a parcel of land from "RM -IF" to "B -2 ". The subject properties are those: 47 -51 and 63 -69 Ross Street and 72 -74 St. lames Street. I have no objections to this change of zoning. I have been a resident of 55 St. James Street for the past 10 years and in my experience the applicant and his company has maintained his properties to a high standard. The change of zoning would be a proper change of use for these particular parcels of land. I wish to support the application of change. Sincerely, Stephen Clark Resident and owner of 55 St James Street 112 June 22, 2010 To: PAC and City Council of Saint John From: Grove Printing 70 St. James Street Saint John, NB E2N 1 P5 My name is Mark Davey, I am the owner 1 operator of Grove Printing located on St. James St.. I am writing to let you know I am in favour of Victor Train's application for rezoning some of his property for the purpose of parking, from Residential to B -2. I have been doing business in this area for 3 years, and parking is a serious issue in this lower south end area. Having off street parking provided by Victor Train has been a great asset to me and my business. People who work in the uptown area have been parking on these streets and walking to work every day, we definitely need more parking in this area. Regards, I✓ 4 / Mark Davey 113 June 21, 2010 To Planning Advisory Committee (PAC) and City Council of Saint John: RE: Mr. Victor Train's Appiication for Rezoning his properties.. My name is Deanna Cairns, I have lived at 313 Charlotte Street for 27 years now, on the corner of Charlotte and Ross St.. For the past 9 years since Victor has owned property in this area, he has made significant improvements to all his property and even surrounding buildings he doesn't own. He has cleaned up this neighbourhood more than anyone else in the past. He is a very reasonable landlord, and treats everyone fairly. Parking in this area is used by uptown commuters, unfortunately taking all the available parking spaces. Those who live around here are even forced to park illegally and get ticketed often. I am in strong favour of his application to have areas rezoned for the purpose of parking. Thank you, Deanne Cairns 114 June 19, 2010 To planning Division & Council., City of Saint John: Hello, My name is Mark Hatfield, I own the property at 79 fit. Jaynes St. and 302 Germain St. which is on the corner of Ross and Germain streets. I would like to let you know that I am in favor of Mr. Train's application for rezoning his property from Residential to B2. I am in favor of more business in our area. Yours Truly, Mark H.tfield 115 June 15, 2010 To Common Council & or Planning Advisory Committee, In regards to the rezoning of properties on St. James and Ross Street owned by 514574 NB Ltd. (Victor Train). I am writing to advise you that I have no objections and I am in support of the rezoning. I own the properties on the corner of St. James and Charlotte Street joining Mr. Train's properties. I have no objections to having his students from the college or customers parking on his properties. Regards, S eeddharan 116 ol -011 � r' c�,1 June 22, 2010 To PAC and Common Council; I am sending this letter in favor of the application for rezoning of the properties on Ross St. + St. James St. from residential to B2 Zoning to permit parking for Mr. Train's various businesses. I recently purchased the property at 41 Ross St. And I am strongly in favor of Businesses in this area. Thank you. Yours Truly r rider Pesold 117 )v 'LS T 0 City of Saint John Planning and Development PO SOX 1971 Saint John, NB EM 4L 1 June 23, 2010 I, Lucy Doucet, reside at 43 Ross St, which neighbours Victor Train's property on said street. I have not seen a written copy of Mr. Train's proposal detailing what he has in mind, but I am aware of Mr. Train's request to rezone his property to add parking for his Dental College. I am in favor of this proposal only if a suitable fence is erected all alongside my property and a concrete block form placed beside my outside wall /carport facing his property. I do not want to incur any damages to my property from doors openings nor do I want garbage in my yard. I have had difficulty finding a parking space in front of my home, additional parking could help with this problem. I am very much in favor of a two hour parking ban being placed on Ross Street. There are a lot of extra cars here on the street during the work week daytime hours. Having the two hour ban placed on this street like other neighbouring streets around here would be a benefit to this area and can only help with the parking issues on this street. Any further questions I can be reached at 634 -8232. Lucy Doucet 43 Ross St Saint John, NB E2L2W9 118 jo 2 5 20 PROPOSED ZONING BY -LAW AMENDMENT RE: 885 DANELLS DRIVE 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, July 5, 2010 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 3960 square metres, located at 885 Danells Drive, also identified as PID No. 447821, from "IL -1" Neighbourhood Institutional to "B-2" General Business. REASON FOR CHANGE: To permit the establishment of business offices within the existing building. 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 maybe sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 119 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 885, PROMENADE DANELLS Par les pr6sentes, un avis public est donn6 par lequel le Conseil communal de The City of Saint John indique son intention d'dtudier 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 5 juillet 2010 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 3 960 metres carr6s, situ6e au 885, promenade Danells, et portant le NID 447821, de quarder a vocation collective «IL -1 » a zone Commerciale g6n6rale « B -2 ». RAISON DE LA MODIFICATION: Permettre l'am6nagement des bureaux d'affaires a l'int6rieur du batiment existant. Toute personne int6ress6e peut examiner le projet de modification an bureau du greffier communal ou au bureau de Purbanisme et du d6veloppement a 1'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 b 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. Veuillez faire part de vos objections au projet de modification par 6crit a Pattention du soussignd a 1'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 y, z c 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 3960 square metres, located at 885 Danells Drive, also identified as PID No. 00447821, from '11,41' Neighbourhood Institutional to "B -2" General Business - 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 d6cr6t6 cc qui suit : Uarrete sur le zonage de The City of Saint John, d6cr6t6 le dix -neuf (19) d6cembre 2005, est modif16 par: 1 La modification de 1'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour parcelle de terrain d'une superficie d'environ 3 960 metres carr6s, situ6c au 885, promenade Danells, et portant le NID 00447821, de quartier a vocation collective IL -1 » a zone commerciale gendrale <(B- 2 >> - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2010, avec les signatures suivantes Common C1erk/Greffiere communal First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 120 9z(> Tibbits, Kelly From: External - CommonClerk Sent: Tuesday, June 22, 2010 8:39 AM To: Tibbits, Kelly Subject: FW: saintjohn.ca - contact form submission From: Comm u nicationsSJ Sent: Tuesday, June 22, 2010 8:28 AM To: External - CommonClerk; 'debbie.lepper @gmail.com' Cc: External - Planning Subject: FW: saintjohn.ca -contact form submission Ms. Lepper — Your concerns have been forwarded to the common clerk's office and the planning department for consideration. Communications City of Saint John www.saintjohn.ca communications @sa intiohn.ca From: debbie.lepper @gmail.com [ mailto:debbie.lepper @gmail.com] Sent: Monday, June 21, 2010 4:56 PM To: Comm unicationsSJ Subject: saintjohn.ca - contact form submission The following information was submitted from www.saintjohn.ca: SUBJECT communications a,saintiohn.ca NAME debra lepper COMMENTS hello I would like to express my opinion on the matter of zoning the area of the fundermantal church on Dannels drive from Residential to commercial. I live on Rosemond crt behind the church and I feel that re zoning the area would hurt our little quite community that we have here. Also I fear what would develop there as well as else where along our community in the future. thank you for listening to my concern. please don't rezone. sincerly debra lepper EMAIL debbie.lepper a gmail.com 121 June 30, 2010 Your Worship and Councillors: SUBJECT: Rezoning Application - 885 Danells Drive On June 7, 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 June 29, 2010 meeting. Reid Chedore of Mosher Chedore Lawyers was present at the meeting on behalf of the applicant, as well as the future occupier of the property. He indicated that he was not in support of the recommendation. He argued that the proposed used was not inappropriate in the location, was not likely to generate significant traffic, and that it was providing a local service to residents of West Saint John. He also responded to questions from Committee members regarding accessibility concerns, potential for other uses and the applicability of Section 39 conditions. Brian Mosher of Mosher Chedore and Herb Hunter, pastor for the applicant, were present and indicated their support for the proposal. No one else was present for the application. Six letters of objection were received, which are attached. Nayan Gandhi, planner for the City, was present and responded to a number of questions from the Committee members relating to uses in District Centres, the re -use of churches and Section 39 conditions. After a lengthy discussion, the Committee adopted the following revised recommendation: RECOMMENDATION: 1. That Common Council rezone a parcel of land with an area of approximately 4,000 square metres, located at 885 Danells Drive, also identified at PID number 00447821, from "IL -1" Neighbourhood Institutional to `B -2" General Business; 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the rezoning of the property at 885 Danells Drive is subject to the following terms and conditions: a) That the non - residential use of the property be restricted to a law office; 122 IPA b) That illuminated and mobile signs be prohibited; c) That the site be developed and maintained in accordance with a detailed site plan, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of building(s), driveway accesses, parking areas, exterior lighting and landscaping, and that the approved site plan be attached to the application for the required building permit (s); and d) That all work shown on the approved site plan shall be completed within one year of the building permit approval. Respectfully submitted, Carl Killen Chairman NG Project No. 2010 -209 123 DATE: TO: FROM: FOR: PREPARED BY: JUNE 25, 2010 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING � PLANNING AND DEVELOPMENT MEETING OF JUNE 29, 2010 REVIEWED BY: Nayan Gandhi, MCIP, RPP Planner SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: Ken Forrest, MCIP, RPP Commissioner Fundamental Baptist Church of Lancaster Inc. Fundamental Baptist Church of Lancaster Inc. 885 Danells Drive 00447821 Low Density Residential Existing: "IL -1" Neighbourhood Institutional Proposed: `B -2" General Business To rezone the property to allow the existing church building to be converted to an office for professional firms following the relocation of the church. Rezoning 124 Fundamental Baptist Church of Lancaster Inc. Page 2 885 Danells Drive June 25, 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, July 5, 2010. STAFF RECOMMENDATION TO COMMITTEE: That the rezoning be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no comments on this application. Buildings and Inspection Services has no concerns. All matters can be addressed at a later stage. Detailed drawings will be required to be submitted. Saint John Fire Department has no objections to the proposal provided that all street and building construction are conducted in accordance with the National Building Code and National Fire Code. Saint John Energy has been advised of this application. Bell Aliant has been advised of this application. Rogers has been advised of this application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline has indicated that the property is clear of their facilities. ANALYSIS: The Site The subject property is located at 885 Danells Drive, at the corner of Danells Drive and Bleury Street in West Saint John (see site location map). The property measures approximately 82.6 metres (271 feet) by 48.3 metres (158.5 feet) in a relatively rectangular shape. The total area of the property is 4,000 square metres (43,055.6 square feet), and it slopes downwards from Bleury Street The property currently houses the Fundamental Baptist Church of Lancaster Inc. in a one and a half - storey church building located in the south eastern corner of the property, located near to Danells Drive. The total floor space is 708.3 square metres (7,623.8 square feet). A large parking area — accessed via Danells Drive — is located on the northern side of the property, with the remainder of the property used for landscaping and pathways. Surroundings 125 Fundamental Baptist Church of Lancaster Inc. Page 3 885 Danells Drive June 25, 2010 The subject property is located in a primarily residential neighbourhood with a wide mix of residential types, ranging from single - family houses to townhouses and apartments. Seawood Elementary School is located nearby. In the wider surroundings, the Saint John Energy offices are located nearby along with light industrial buildings providing local employment opportunities. The Catherwood Interchange for Route #1 is located at the end of Bleury Street which provides easy access to Uptown and other destinations in the area. Beyond this, a regional centre is located at Lancaster Mall and Main Street West, which contains a wide variety of convenience shopping (e.g. grocery and pharmacy stores) along with goods retailing, business offices, personal services and food outlets. In addition, convenience and goods retailing, along with employment and industrial uses, are located along the Fairville Boulevard Service Corridor to the west of Lancaster Mall. Saint John Transit offers services along Bleury Street, thus access via alternative modes of transport is available. The Proposal The applicant is currently constructing a new church in the nearby area (along Sand Cove Road) and, following relocation, they are seeking to re -use the property for alternative uses. The applicant proposes to convert the existing building into an office building for professional firms and has submitted drawings to this effect (see attachments). In order to comply with the proposed zone's requirements should the property be rezoned, the applicant will remove the existing steeple. The existing parking and landscaping will remain as is. Municipal Plan Direction There area is designated Low Density Residential in the Municipal Plan. Bleury Street is designated a Collector Street. Development Control Policies Residential Development Policies The property is located within the Low Density Residential designation within the Municipal Plan. This designation allows for the development of neighbourhood community facilities, retail and personal service uses that primarily serve the needs of the local population, subject to specific criteria (i.e. located on arterial /collector streets; architectural style is suitable in residential areas; floor area is not greater than 1,000 square metres; and conforms to the Municipal Plan and associated By- laws). Additional criteria for compatible uses are set out in Section 2.4.4.7. An extract of these are included with the attachments to this report. These policies indicate that uses that generate traffic which is considered excessive or not local in nature are not compatible in residential areas. Commercial Development Policies Section 2.4.6.15 indicates that Regional Centres and the Uptown should be the focus, to the greatest extent possible, of major commercial, educational, cultural and other community facilities serving a district or the City. This is elaborated in Section 2.4.6.17 which indicates a number of policies to achieve this, including creating a cluster of commercial uses to serve as a focal point for the community (part a) and to provide a range of goods and services (part c). Principal Considerations 126 Fundamental Baptist Church of Lancaster Inc. Page 4 885 Danells Drive June 25, 2010 Location of Use The proposed conversion of the church into a business office would be contrary to development policies set out in the Municipal Plan. In particular, the use proposed would normally be found in the Uptown or other Regional Centres, such as at Lancaster Mall/Main Street West. The primary purpose of the Municipal Plan policies is to direct major commercial uses to appropriate locations to prevent the proliferation of such uses outside of designated areas (thus minimising their impact on neighbouring incompatible uses) and to create focal points to access such goods and services. The benefit derived from co- ordinating major commercial uses in designated areas (i.e. the Uptown) is to provide efficient and convenient access and transportation, and to foster strong linkages between businesses and customers. Permitting business offices outside of the designated areas will individually and collectively threaten the viability of designated centres like the Uptown. The proliferation of such office uses seems to already be affecting viability as vacancy rates for office space in the Saint John Census Metropolitan Area (CMA) has risen to 7.7% in the first quarter of 20101, and this trend is continuing. Permitting this use outside of the designated centres will therefore leave vacant space elsewhere. Upon further investigation, most professional firms are currently concentrated in the Uptown, so the likely effect of permitting proposals such as this is that there will be more vacant space in upper floors and existing office buildings in the Uptown (thus driving down leasing rates and leaving owners to consider other uses for their properties, such as parking lots to generate revenue). In effect, this will seek to hollow -out the Uptown of its primary businesses and therefore its purpose (its retail -based purpose has already declined due to box - store retailing being established on the East and West sides). Furthermore, the permitting of a use outside of the designated centres would amount to `spot rezoning' of commercial business in an unacceptable location as the property would be entirely surrounded by residential uses (see location plan). This could lead to the destabilization of the residential neighbourhood (e.g. Bleury Street turning into a commercial strip area). Site Development Impacts The applicant proposes only internal renovations and therefore there will not be any major site development impacts. Details of signage have not been provided; however, staff believes that appropriate signage can be provided according to the By -law by the future tenant (if approved). Upon visiting the site, it appears that there is insufficient landscaping at the rear of the property to block any headlights streaming into adjoining residential properties. This is a normal requirement of the By- law, so should the proposal be approved, the applicant should be required to plant thick vegetation along the boundaries where there are gaps to achieve this. Impacts of Use Whilst staff acknowledges that a business office is a less disruptive use in a residential neighbourhood than other commercial uses, there will be some impacts on the surrounding neighbourhood. The primary one is transportation and traffic. The floor plans for the proposed development indicate that there is room for some 17 professional employees, along with space for support employees. This is likely to attract a number of visitors to the property, most of which are not likely to be coming from the local ' `Rising vacancy rates could dampen Canadian office construction until 2011': http : / /www.dailycommercialnews.com /article /id38732. Accessed: June 21, 2010. Also `Outlook 2010: Mid -year Office & Industrial Real Estate Outlook', Cushman & Wakefield Publication. 127 Fundamental Baptist Church of Lancaster Inc. Page 5 885 Danells Drive June 25, 2010 area. As such, the proposal is not seeking to provide services that serve the needs of the local area, such as a convenience store or a hair dresser's shop, in accordance with Municipal Plan policies. Traffic generation is likely to be greater than normally permitted in residential areas and therefore detrimentally affect the amenity of neighbours (although mainly during normal weekday working hours). This is particularly important given that the access to the parking area is derived from Danells Drive, not directly from Bleury Street (the collector). Other minor considerations include the level of noise and nuisance generated by vehicles arriving at and leaving the property, which is likely to cause a minimal negative impact on the amenity of neighbours. There are no specific details of waste storage on the property, but it is assumed it will occur in a similar manner as the existing church facility. As such, the proposal will likely have some negative impact on neighbouring properties, but these may be minimal. Alternative Uses Staff appreciates that the property will become vacant upon relocation of the church. However, based on the Municipal Plan policies, a business office use of this scale is not acceptable in staff's view as it is not compatible with the residential character of the neighbourhood. That said, the area is primarily residential in nature with a wide range of housing types. The Municipal Plan indicates that residential development would be appropriate in this area. At present the site is not well - utilised with a single structure located on the far side of the property and associated surface parking covering most of the rest of the property. Staff therefore encourages the applicant to examine the possibility of introducing residential development on the property instead, and would welcome discussing this possibility with the applicant following the determination of this application. SUMMARY & CONCLUSION: The proposed use does not comply with the requirements of the Municipal Plan for commercial use to be located in designated centres. It is a use that is normally found in the Uptown or in other regional centres, such as Lancaster Mall/Main Street West. The proliferation of commercial uses outside of these areas will affect the existing centres' viability. Indeed, significant proliferation has already affected the vitality and vibrancy of these centres, as shown through rising vacancy rates, and continuing this will have a negative effect on the relevance of existing centres. It may well result in a hollowing out of the centres by leaving vacant space /empty buildings behind (or less desirable /efficient uses of land, such as parking lots). The proposal will result in `spot rezoning' as the property is completely surrounded by residential neighbourhoods potentially leading to introducing an incompatible land use and the potential destabilisation of the neighbourhood. Furthermore, the business office will not be servicing the local neighbourhood's needs nor will it be primarily drawing on clientele from the local area. This will result in wider traffic issues. Staff therefore recommends denial of the application. Instead, staff believes that a more appropriate use for the site would be residential development. The property is large enough to accommodate a variety of housing types. The applicant is encouraged to discuss such proposals with staff prior to submitting any forthcoming rezoning application. NG Project No. 2010 -209 128 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT IN R 1B i� na m w m w at M !1i q7 a0 d m ■ ■ 14 f r It 20 i7 M- 1 44 n p ,_ ay. Molson Av. a Mol,ac •,# J yu .0 Ht xm ■° � M R 2 C 0 �• !p 4 ♦ , to IN, ° i •, r. � , Qom• ,• , ill wr QO r .a #!`'•�.� ■, ■,� Proms ■ °,a �i� a ■ ■ R M - 1 4 a, .�' RS 2 ■ ' a4. cherry is Rb - m Subject Site /site en question: Location: 885 prom. Danells Drive Date: June 14 juin, 2010 P I D (s) /NIP (s) : 00447821 Scale /6chelle: Not to scale /Pas 6 1'echelle 129 a VIZ. m Building Sketch L. M: projection 131 %n Is j, r. F1 lit ji w i WI I CD rz-u- Will - m I w PON l� 1 1111 tl lit its ram N Y? - � P T U - � Fm 10% 11 lit ' ii I •� � 11 / / i i ip � \ SJ iq I I � I { H 4 y II ,I ry' JI �l I 1 l II IJ � II If 'I� Not r I SJ 1 1� -3 Sl S 1 €i (i n aP n yV I,I II li 11� it Y" 11. 0 1J H N lO+ �f e I G cXv'Ac.l S hRot-k HUa.,lacl p�qL 'bEVrL PH1TNT t-e-fghi Part Two — Land Use These areas are medium to low density and composed largely of older, multi -unit housing. Such areas often have limited park and open space, but they are generally convenient to the Uptown and have in the past provided housing and other facilities for the majority of Saint John families. The South End, North End, Lower West Side and Saint John East are Urban lifestyle areas. Suburban - Suburban areas outside the central urban neighbourhoods are considered low density and offer primarily modem one and two family detached housing with larger yards, nearby schools, bus service and relatively new roads, sidewalks, shopping mails, schools, etc. These are areas like Lakewood, Forest Hills, Glen Falls, Champlain Heights, Millidgeville, Greendale, and Quinton Heights. Unserviced Residential - Areas outside the Suburban neighbourhoods and outside the staged development areas, which are appropriate for larger lots with on -site services. For the most part these are areas, which were formerly within staging to the east of Lakewood, and also in Lorneville. Rural - Rural areas are composed of very large lots (generally 4 hectares or more) outside the staged development areas of Schedule 9 -A. Those holdings may be used for agricultural or woodlot purposes as well as individual homes. Residential Uses It is the policy of the City of Saint John: 2.4.4.2 To ensure that areas designated as appropriate for residential development on the Future Land Use Plan are used primarily for: a) a wide range of types of residential buildings such as: single family detached dwellings, ii) semi - detached dwellings, iii) duplexes, iv) rooming and boarding houses, V) all forms of multiple family dwellings, and Vi) mobile homes that are situated in compliance with the provisions set out in the Zoning By -law; a) business, professional, public, institutional, and other community facility uses that are necessary primarily to serve the needs of the local resident population or are compatible with residential uses such as: i) elementary schools, nurseries, and day care centres; ii) parks, iii) churches, 15 134 Part Two — Land Use iv) neighbourhood commercial facilities, v) small scale colleges, vi) small clinics and nursing homes, and group homes, vii) home occupations and public service and utility uses in accordance with Sub - Section 2.4.12, Development Densities It is the policy of the City of Saint John that: 2.4.4.3 Residential sectors of the City designated on the Future Land Use Plan Schedule 2 -A for low, medium and high density shall be developed at overall neighbourhood densities not exceeding: a) 38 dwelling units per net residential hectare (15 dwelling units per net residential acre) for low density areas; b) 75 dwelling units per net residential hectare (30 dwelling units per net residential acre) for medium density areas; c) 188 dwelling units per net residential hectare (75 dwelling units per net residential acre) for high density areas. d) 2 dwelling units per net residential hectare for unserviced residential areas. 2.4.4.4 Apartment buildings and multiple attached dwellings may be permitted after a review of the following: a) where sites have the following locational characteristics: i) that higher density dwelling sites are located nearest to the focus of community facilities and district centres, ii) that as a general rule medium and lower density housing occupy the sites more distant from the community focus. b) where the individual buildings are so situated that they: 16 i) enhance the visual image of the City, iii) do not rise in locations which are isolated from other urban facilities and are out of scale with surrounding developments, iv) create focal points that facilitate the identification of important locations in the City, v) do not interfere with the visual amenities of lower density residential areas by reason of their bulk, vi) do not overshadow, block light and air to the lower density residential structures; 135 d) where development will not result in the flow of excessive vehicular traffic on local streets serving areas of lower density residential uses; and e) where development will have adequate public services such as sewers, water supply, schools and parks. Compatible Uses It is the policy of the City of Saint John: 2.4.4.5 To permit in residential areas those neighbourhood community facility, retail, and personal service uses that are required to serve primarily the needs of the local population, or are compatible with the residential neighbourhood or area. Evaluation of compatibility will consider the following: a) the proposed site is located on an arterial or collector street; b) the buildings will be of an architectural style suitable to the residential environment of the neighbourhood; and C) the floor area is approximately 1000 square meters or less; d) the uses conform to all relevant provisions of the Municipal Plan and the Bylaws that implement it. 2.4.4.6 To ensure that non - residential uses that are permitted in residential areas will not become a nuisance or result in inappropriate impacts on adjacent residential uses by requiring them to meet suitable standards and by evaluating them with regard to: a) the location and treatment of parking areas; b) the minimum setback, side yards and rear yards; C) the arrangements of lighting facilities to ensure they do not shine into nearby residences; d) the provision of buffer strips to separate such uses from adjacent residential uses; and e) the siting of buildings, landscaping, and the location, size, and type of signs used. 2.4.4.7 To exclude from residential areas, those uses that are not compatible with residential uses with respect to the following characteristics: a) the generation of traffic that is excessive in volume and not local in nature; b) the production of smoke, dust, fumes, or noise; C) the creation of hazardous or dangerous conditions by virtue of the operation, material or equipment used. 17 136 Part Two — Land Use Part Two — Land Use 2.4.6.14 It is the policy of the City of Saint John that: a) policies regarding District Centres as per 2.4.6.17 -20 apply, but as appropriate for a regional scale development. b) a commercial centre shall be designated a Regional Centre, by listing in this Sub - Section and designating on Schedule 2-A, when it reaches approximately 50,000 square meters of gross leasable area, or sooner if a major regional role is apparent. c) the development of major commercial centres of this size are recognized as having significant implications for municipal utilities, traffic, and protective services, and have an increased impact on nearby residential areas. d) the following areas are the designated Regional Centres as designated on Schedule 2 -A: Uptown: as indicated in Part Six; ii) McAllister/ Westmorland Area: including McAllister Place, Parkway Mall, Westmorland Place, Exhibition Plaza, and adjacent commercial uses. District Centres It is the policy of the City of Saint John that: 2.4.6.15 A District Centre, to the greatest extent possible, contains the major commercial, educational, cultural and other community facilities serving a significant portion, or district, of the City. These facilities are grouped or clustered and generally are located on or near a major traffic route. A large planned shopping centre generally forms the focus of District Centres but such centres also may contain individual businesses or groups of businesses adjacent to the shopping mall or, in some instances, may include what remains of an older traditional "main street ". In older areas there may be no planned shopping mall - only a group of individual stores and businesses. 2.4.6.16 The following are the designated District Centres and are designated on Schedule 2 -A by a symbol (also the general District Centre area that has appropriate zoning may be shown for reference purposes). a) Loch Lomond: including Loch Lomond Mall; b) Lansdowne: including Lansdowne Place, Sobeys, and Zellers, and portions of Main Street and Metcalf; c) Lancaster: including Lancaster Mall, Main Street West, and Lancaster Plaza; d) Hickey Road: including the Irving Convenience store and the development at the comer of Hickey and Loch Lomond Roads; e) Grand Bay: the existing development and designation straddles the City boundary. f) Millidgeville: at University and Millidge Avenues, including Gorman Arena and Millidge Place. 25 137 Part Two — Land Use 2.4.6.17 Policies respecting District Centres are intended to accomplish the following purposes: a) to create a cluster of commercial uses that serve as a focal point for community activity and visual interest; b) to provide opportunities for a variety of community facilities to locate where they are convenient to the greatest number of people; C) to provide a compact cluster that encourages a greater variety of goods and services in one place, rather than a repeat of a limited range of services in each of several locations. d) to facilitate better planning and provision for traffic, parking, sewer and water, public transit, etc. This results in more efficient use of public funds. e) to enable economies to be achieved in the provision of land and buildings for public and residential purposes through the joint use of buildings, parking areas, recreational, and other facilities, f) to retain the residential character and value of neighbourhoods by locating large or concentrated groups of commercial and other facilities in District Centres rather than in the middle of, or scattered throughout, residential areas. g) District Centres are the logical location for medium and higher density housing for the following reasons: i) if land near the Centre is higher priced because of the convenient location, then it is more economical to develop higher density rather than one or two- family housing. more people can take advantage of the convenience of being close to a District Centre. iii) since trunk services and arterial roads are required for the District Centre, the residential development can take advantage of this and additional roads and trunk lines would not be needed elsewhere for this population, iv) the residential development provides a concentration of population than can make efficient use of public transit services. 2.4.6.18 To encourage: a) the development of multi - functional District Centres each of which serve a significant portion of the City. b) the clustering of medium and high density residential uses within and around these District Centres. 26 138 JUN 2 4 2010 Wayne & Linda Clements 859 Danells Drive Saint John, N.B. E2M.5A9 Saint John Planning Committee P.O. Box 1971 Saint John, N.B. E2L 4L2 Re: Rezoning Application- 885 Danells Drive To Whom It May Concern: I am writing in response to the proposed rezoning of 885 Danells Drive from IL -2 Major Institutional to a B -2 General Business. We live next door to the church and have for the past 16 years, with no problems. It has always been a well cared for property with limited traffic in this residential area, and we feel the rezoning will change this. Our concerns are the type of business which will move into the area, and once the zoning gets changed it will remain as a business zone,leaving the Option, of selling to other business. We were aware the church was moving, however, we were hoping another Church would move into the area, with a smaller congregation. Has this option been addressed? We love the area'in which we live, and the new development on the West Side has been stellar. Last year Danells Drive was given a face -lift with 139 C new sidewalks and paving and the street is beautiful with great pride of ownership showing. As homeowners we would like to keep this pride each and every day, but with business's in the area, we feel this may be a hindrance We appreciate your time and effort, and strongly recommend not changing the zoning of this property. - Sincerely Wayne & Linda Clements 140 Lockhart, Lynda From: CommunicationsSJ Sent: Tuesday, June 22, 2010 8:28 AM To: External - CommonClerk; 'debbie.lepper @gmail.com' Cc: External - Planning Subject: FW: saintjohn.ce - contact form submission Ms. Lepper —Your concerns have been forwarded to the common clerk's office and the planning department for consideration. Communications City of-Saint John www.saintiohn.ca communications(@saintiohn.ca From: debbie.lepper@gmall.com [ maflto:debble.lepper @gmail.eomj Sent: Monday, June 21, 2010 4,56 PM To: CommunicationsS.7 Subject: saintjohn.ca - contact form submission The following information was submitted from www.saintjohn.ca: SUBJECT communicationsesaintjohn.ca NAME debra Tepper COMMENTS hello I would like to express my opinion on the matter of zoning the area of the fundermantal church on Dannels drive from Residential to commercial. I live on Rosemond crt behind the church and I feel that re zoning the area would hurt our little quite community that we have here. Also I fear what would develop there as well as else where along our community in the future. thank you for listening to my concern. please don't rezone . sincerly debra lepper EMAIL debbie.lepper(aAgmail.corn z 141 Lockha Lynda From: Chisholm, James [James. Chisholm @xerox.com] Sent: Friday, ,tune 18, 2010 11:29 AM To: External - Planning Cc: Chisholm, James Subject: Bleury Street Importance: High My name is James Chisholm and I am the resident across from the location in question. (885 Prom. Danells Drive) am opposed to the change as I purchased my house thinking that this was a Residential arealll I do not want the traffic and everything else that comes with a commercial establishment being across the street from me. I have two small children, and like I stated, I bought my property with the understanding that this was a residential area. A aitr 1 am opposed! James Chisholm Office Specialist Xerox Canada Ltd p 888.480.1721 (8 *281.5980) f 888.480.0119 This email message, including any attachments, is for the sole use of the intended recipients) and may contain confidential information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient(s) please contact the sender by reply email and destroy all copies of the original message. Thank you 142 Re: Rezoning Application — 885 Danells Drive Saint John Planning Committee PO Box 1971 Saint John, NB E21, 4L1 To Whom it May Concern, Sonya and Jim Sullivan 14 Allingham Crescent Saint Johhn, NB E2M 5A8 JUN 2 12010 I am writing in response to the proposed rezoning of 885 Danells Drive. This area is presently zoned as IL -2, Major Institutional. There exists the possibility that this area may be rezoned to B -2 General Business. I am writing to strongiv opipose the rezoning of this Pro erty. My husband and I bought the property at 14 Allingharn Crescent 9 years ago. Our lot is in view of the church. We purchased this property because it was a nice area to raise our children. Although we are located in reasonable proximity to amenities, we are tucked away in a safe, quiet area. Although the church brought in a lot of traffic, this was mostly limited to Sundays and the congregation was always respectful to drive carefully and respect our properties. I am very concerned that a business could be detrimental to the safety of our children. It could affect traffic flow, bring in a constant flow of strangers to the neighborhood and disrupt the peacefulness of our community. According to Saint John's Zoning By -Law, a B -2 General Business may allow several unacceptable establishments into our area. Some of these include a redemption center, restaurant, retail store, amusement place, billiard parlor, group care facility and scariest of all - a beverage club or lounge. I did not purchase a home in this area with plans to raise my children close to any of these types of establishments. I understand it is possible that the business entering the property is a respectable business, but once rezoned, there will always remain the possibility that an unacceptable business will move in. A General Business rezoning may threaten the safety of my children, the value of my property and bring in undesirables. I am also concerned about traffic flow. On Sundays, there is considerable traffic before and after church services. According to the available plans, there is potential for at least 20 employees, not including the clients visiting the business. There is a large amount of storage area as well ( ?). There are already over 100 families living in the area of Danells, Drive, Allingham Crescent and Rosemond Court. This does not include the upper portion of Danells. The addition of a business could cause even more traffic to build up. It is already difficult to pull out to Bleury during high -traffic times. Lights would not be a solution as this is a residential area, not uptown Saint John. 143 Has there been any consideration to the fact that there is a school close by? The extra traffic and new people will increase the dangers to the children. This includes the walkers and generally the children who are in the neighborhood. There are still many questions to be answered and concerns to be raised. What is the business? What are the hours of the business? Will it increase the noise level? Will it affect the water? Does it involve delivery trucks? What is its clientele? How long does it plan to remain in this area? Are there any guidelines regarding the sale of the property in later years? Even with solid, acceptable answers to these questions... there is always the potential for an unacceptable business to move in later. Whatever the business, I totally disagree with the land being rezoned as general Business. The potential for negative impact on our safe, small and peaceful community is overwhelming. I strongly suggest that the land be redeveloped as housing, either single family homes or even as senior citizens housing. I will continue to follow this proposal and rally my neighbors to fight against such a detrimental change. Thank you for allowing me the opportunity to express my opinion. Sincerely, Sonya & Jim Sullivan 144 Lockhart, Lynda From: LINDA PERRY [Ipperry @rogers.com] Sent: Sunday, June 20, 2010 8:47 PM To: External - Planning Subject: Rezoning Application - 885 Danells Drive To Whom I May Concern We live at 25 Allingham Crescent and we do not support the application to change the "IL4" to "B -2" as this would provide a lot of traffic on the street and they are not make for this.We also feel that it would be very noisy. If it was just offices and didn't have a lot of customers this might be okay but there could be Doctor offices, funeral homes, personal service shop, repair service shop, a redemption center, a beverage room, club or lounge, theatre, billiard parlor, health club, a group care facility or anything like that therefor we wish to vote against the application because of traffic and the noise it will make. Thank you Peter and Linda Perry 25 Allingham Crescent Saint John, NB, E2M 5A7 637 -7900 145 JUN 2 120110 DAVID AND RUBY LAIRD 17 Allinghain Crescent Saba John, New Bmm� wick C2M 5A7 Phone 506- 672 -0178 June -21 -2010 Re: Rezonin Application -885 Danells Drive c� JUN 217010 Saint John Planning Committee r.{ PO Box 1971 Saint John, NB. ()�SAINTV E2L 4L 1 To Whom It May Concern: I am writing in response to the proposed rezoning of 885 Danells Drive. This area is presently zoned as 1L -2, Major Institutional. There exists the possibility that this area maybe rezoned to B -2 General Business. I am writing to strongly oppose the rezoning of this property. My husband and I bought the property at 17 Allingham Crescent 1 year ago and the back of our house backs onto the Greenbelt that leads up to the Senior Center at the top of the hill and directly across from the existing Baptist Church. When we are on our deck or look out our window we can see the church. We are an elderly couple and bought this house because we are located in reasonable proximity to amenities, we are tucked away in a safe, quiet area. Although the church bought in a lot of traffic, this was mostly limited to Sundays and the congregation was always respectful to drive carefully and respect our properties as there are a lot of children in this neighbourhood. I am very concerned that a business could be detrimental to our neighbourhood safety. It could affect traffic flow, bring in a constant flow of strangers to the neighbourhood and disrupt the peacefulness of our community. This also may threaten the value of our property. According to Saint John's Zoning By -Law, a B -2 General Business may allow several unacceptable establishments into our area. Some of these include a redemption center, restaurant, retail store, amusement place, billiards parlour, group care facility and what really is scariest of all - a beverage club or lounge. We thought we were purchasing a place in a nice safe quiet area. We are also concerned regarding traffic flow. On Sundays there is considerable traffic before and after church services. According to the available plans, there is potential for a lot of employees and their clients. Also there is a large amount of storage area as well? There are already a 100 families living in the area of Danells Drive, Allingham Crescent and Rosemount Court. This does not include the upper portion of Danells. The addition of a business could cause even more traffic to build up. It is already difficult to pull out onto Bleury during high traffic times. Lights would not be a solution as this is a residential area, not uptown Saint John. Has there been any consideration to the fact that there is a school close by? 146 The extra traffic and new people will increase the dangers to the children. This includes the walkers and generally the children who are in the neighbourhood. There are still many questions to be answered and concerns to be raised. What is the business? Will it increase the noise level? Will it affect the water? Does it involve delivery trucks. What is the clientele? How long does it plan to remain in this area? Are there any guidelines regarding the sale of the property in the future? Even with solid, acceptable answers to these questions.... there is always the potential for an unacceptable business to move in later. Whatever the business, my husband and myself totally disagree with the land being rezoned as a general business. The potential for negative impact on our safe, small and peaceful community is overwhelming. I strongly suggest that the land be redeveloped as housing, either single family homes or even as senior citizens housing that we so desperately need. I will continue to follow this proposal and rally my neighbours to fight against such a detrimental change. Thank you for allowing us the opportunity to express our opinions. Sincerely, Ruby and David Laird 147 A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTE CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors dime reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cr6t6 cc qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 10 day of December, A.D. 2005, is hereby amended as follows: 1 Section 26(1) is repealed and replaced with the following: "26(1) Subject to subsections (2) and (3) of this section, any person who violates any of the provisions of this by -law is guilty of an offence and liable upon conviction to a penalty of not less than fifty dollars ($50.00) and not more than seventy -five dollars ($75.00)." 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 June, A.D., 2010 signed by: Mayor IMaire Par les pr6sentes, 1'arr&6 de The City of Saint John intitul6 « Arret6 rclatif a la circulation dans les rues de The City of Saint John 6dict6 conform6ment a la Loi sur les vehicules n moteur (1973) et modifications affdrentes f>, d6cr6t6 le 19 ddcembre 2005, est modifi6 comme suit : 1 L'article 26(1) est abrog6 et remplac6 par cc qui suit: "26(1) Sous r6serve des paragraphes (2) et (3) du present article, toute personne qui contrevient a une des dispositions du pr6scnt arret6 est coupable d'une infraction et passible sur condamnation d'une peine d'un montant minimal de cinquante dollars (50 $) et d'un montant maximal de soixante- quinze dollars (75 $).'' EN FO1 DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arretd le juin 2010, avec les signatures suivantes : Common Clerk/greffiere communale First Reading - June 2151, 2010 Second Reading - June 21 ", 2010 Third Reading - 148 Premi6re lecture - le 21 juin 2010 Deuxieme lecture - le 21 juin 20I0 Troisi6me lecture - io z A BY -LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOT SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors dune reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a d6cr6t6 cc qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19'h day of December, A.D. 2005, is hereby amended as follows: 1 Section 5(7) is repealed and replaced with the following: "5(7) The provisions of Sections 5, 5.1, 7, 8, 15 and 16 may also be enforced by By -law Enforcement Officers appointed for such purposes by Common Council." 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 June, A.D., 2010 signed by: Mayor /Maire Par les pr6sentes, Parretti de The City of Saint John intitul6 « Arr6t6 relatif a la circulation dans les rues de The City of Saint John 6dict6 conform6ment a la Loi stir les vehicfdes a moteur (1973) et modifications aff6rentes >>, d6cret6 le 19 d6cembre 2005, est modifi6 comme suit: L'article 5(7) est abrogd et remplacd par cc qui suit: "5(7) Les dispositions des articles 5, 5.1, 7, 8, 15 et 16 peuvent titre 6galement mises en application par les agents d'execution des arr8t6s municipaux nomm6s a ces fins par le conseil." EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le prdsent arr6t6 le juin 2010, avec les signatures suivantes : Common Clerk/greffr6re communale First Reading - June 21", 2010 Second Reading - June 21", 2010 Third Reading - 149 Premi6re lecture - le 21 juin 2010 Deuxi6me lecture - le 21 juin 2010 Troisi6me lecture - 1 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 231'/2 MILFORD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: Redesignate on Schedule 2 -A of the Plan, from Low Density Residential to Open Space, a parcel of land with an area of approximately 15 hectares, located at 231 !2 Milford Road, also identified as PID Nos. 00405431, 00405423. 55183172 and 55049662, as illustrated below: [INSERT MAP] A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, July 5, 2010 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit a public park. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by August 4, 2010. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658 -2862 150 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 231'/:, CHEMIN MILFORD Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a ]'intention d'6tudier la modification du plan d'am6nagement municipal comme suit: la reclassification, a ]'annexe 2 -A du plan d'une parcelle de terrain d'une superficie d'environ 15 hectares, situ6e au 231'/2 chemin Milford, et portant les NID 00405431, 00405423, 55183172 et 55049662, de zone residentielle de faible densite d zone des espaces verts, comme le montre la carte ci- dessous : [INSERER LA CARTE] Une presentation publique du projet de modification aura lieu lors de la rdunion ordinaire du conseil communal le lunch 5 juillet 2010 dans la salle du conseil, au niveau du hall d'entr6e, a ]'hotel de ville. RAISON DE LA MODIFICATION: Permettre un pare public. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 4 aofit 2010 a ]'attention du soussign6. Pour toute demande de renseignernents, veuillez communiquer avec le bureau de la greffi6re communale ou le 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. Elizabeth Gormley, greffi6re communale 658 -2862 :qj� 151 BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 15 hectares, located at 231'/2 Milford Road, also identified as being PID Nos. 00405431, 00405423, 55183172 and 55049662, from Low Density Residential to Open Space classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seat 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. 105 -_ ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a decr&d ce qui suit : L'Arret6 relatif au plan municipal de The City of Saint John edicte le 3 janvier 2006 est modiFd par: 1 la modification de I'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain d'une superficie d'environ 15 hectares, situ6e au 231 %2, chemin Milford, et portant les NTD 00405431, 00405423, 55183172 et 55049662, de zone residentielle de faible densit6 A zone des espaces verts; — toutes les modifications sont indiqu6es 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 arretd le * jour de * 2010, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 152 4 .4 J The ab ofsaint inhn June 30, 2010 Mayor Court and Council Re: Provisions in the Municipality Act Regarding Water Utility Funding Your Worship and Council: Saint John's water utility is currently funded on a user charge basis (flat rate and water meter) and with subsidy from provincial and federal governments for capital investment. The city's general fund does not provide any funding to the water utility other than storm and fire hydrant charges. I would like the City Solicitor to examine the relevant section Section 189 (1): UTILITY COMMISSIONS 189(1) Where under this Act a municipality provides (a) water, or (b) a sanitary sewerage system, the municipality shall construct, operate and maintain such service or utility on a user - charge basis, which may be established on an amortized or any other basis as to the municipality shall see fit, and may establish a separate or joint rate therefor. IVA• •d Refer to the City Solicitor for an opinion of: does the Municipalities Act preclude the water utility from receiving funding from either the general operating or capital budgets of the City. Regards Stephen Chase (received via e-mail) Deputy Mayor �r SAINT JOHN P.O. Bux 1.471 Saint Whn, N5 Cwladia E2L 40 I www. saintlohn.ca I C.P. 1971 Saint Jahn, N,-13, Canada EA 4L1 153 REPORT TO COMMON COUNCIL s y aL ' Fflq. M &C- 2010 -235 City of Saint John June 30, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sandy Point Road Planning Study BACKGROUND: Common Council resolved the following at its meeting on August 17, 2009: "Common Council direct the Planning and Development Department to initiate the Sandy Point Road Planning Study in general accordance with the Project Statement attached to M & C — 2009 — 238 and dated August 10, 2009. " The Project Statement is attached to this report. The Statement identified five stages for this project. Stages 1 to 3 (which were to appoint the independent consultant, prepare a Technical Background Report and for the consultant to undertake a public engagement exercise) were completed earlier this year. Staff has recently received a completed version of ADI Limited's (the independent consultant) Statement of Professional Opinion. The Statement is attached for Council's information and completes Stage 4 of the Study. The consultant has therefore completed its requirements with respect to the Study. The project is now moving into the final stage of the process which involved the preparation of a staff recommendation with respect to future land use in the study area and then this recommendation would be considered by Common Council. DISCUSSION: The final stage (Stage 5) in the process is for Staff to consider the Statement and then prepare recommendations respecting future land use for the property within the study area for Common Council's consideration. Given the substantial public interest in the Study, prior to preparing any further recommendations, Staff believe that it would be appropriate for the City to make the consultant's 154 M &C- 2010 -235 -2- July 5, 2010 Statement of Professional Opinion available for public review and provide an opportunity for interested parties to submit written comments on the Statement's Concept Plan (i.e. its recommendations). This additional public engagement will provide for more transparency with respect to the planning process and allows for staff and Common Council to consider public reaction to the consultant's recommendations prior to work on a course of action that will be brought forward for formal consideration. In order to facilitate this opportunity for further public comment, the consultant's report is enclosed as part of the public Common Council package, it will be made available on the City's website, and hardcopies will be made available for public review at the Planning & Development Department's reception during normal office hours. In addition, the Technical Background Report completed as part of Stage 2 will continue to be available at these locations. Staff recommend that the public be provided with approximately one month to provide written submissions and comments should be focused on the Concept Plan (Pages 21 to 31, and Figures 2 and 6) advanced by the consultant. It is recommended that the comment period should commence immediately and that comments be received until August 6, 2010 (post marked date). Written submissions should be addressed to the Planning and Development Department and all written submissions will be provided to Common Council when staff bring forward with a recommendation for future land uses within the study area. The role of Planning staff during this process is only to assist interested parties with accessing the relevant documents and receiving written comments. It should also be noted that ADI Limited has completed its role in the planning process and all comments should be submitted directly to the Planning Department. Rockwood Park Advisory Board In addition, it is now an appropriate time for Common Council to refer the Concept Plan contained within the consultant's Statement of Professional Opinion to the Rockwood Park Advisory Board. It is recommended that Common Council request receipt of comments from the Advisory Board by no later than August 6, 2010. Estimated Tim elin e Going Forward Staff will review the Statement of Professional Opinion, engage in discussions with other City departments, consider the comments received from the Rockwood Park Advisory Board and interested citizens and groups and present recommendations on the future use of land within the Sandy Point Road study area in late September 2010. The report will include all comments received during the consultation process. 155 M &C- 2010 -235 -3- July 5, 2010 RECOMMENDATIONS: 1. That Common Council direct staff to facilitate a consultation opportunity for interested parties to provide written comments on the Statement of Professional Opinion's Concept Plan, which are due by August 6, 2010. 2. That Common Council refer the Statement of Professional Opinion to the Rockwood Park Advisory Board for report and recommendations, due no later than August 6, 2010. 3. That Common Council direct staff to report back on these consultations with recommendations early Fall 2010. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.P.A. City Manager NG 156 EMILIS—andy Point Road Planning Study - Project Statement Version 11 Purpose The purpose of the Sandy Point Road Planning Study is to identify the optimum future use of City -owned property located south of Sandy Point Road and adjacent to Rockwood Park (see the attached map for a general indication of boundaries). The Planning Study will engage those with a stake in the future use of land in this area in a public process leading to a Planning Staff recommendation on potential amendments to the Municipal Plan and the Zoning Bylaw. Project ream The project manager for the Sandy Point Road Planning Study will be Nayan Gandhi, MCIP RPP of the City's Planning and Development Department and other Planning Staff. Other Professional staff involved in the preparation of the Study will include: - Real Estate Division, Planning and Development Municipal Operations and Engineering Leisure Services The Sandy Point Road Planning Study will be prepared by City Planning Staff except that a third party professional land use planning consultant will be engaged to provide the following two components of the workplan: 1. Execution of the public engagement process. 2. A Statement of Professional Opinion respecting the optimum use of City owned property in the study area. A third -party planning consultant has been recommended for two reasons. First, the independent facilitator will ensure that the engagement process is led by a professional that is not affiliated with the City's Planning and Development Department, given that the Department includes the Reai Estate Division, to avoid the potential appearance of bias. The consultant will also provide a written opinion to provide further professional planning input into the final report. The Statement of Professional Opinion will be a public document and will be considered by City Planning Staff in the preparation of the Planning Study and the recommendations brought forward to Common Council prepared as part of the Study. 157 (Sandy Point Road Planning Study - Project Statement Version 11 Process The City will commence the planning process for this Study in September, 2009. The initial stages of the process will involve collecting technical background information and data necessary to undertake the Planning Study and preparing a request for proposals seeking professional consulting services to conduct the public engagement process and prepare the Statement of Professional Opinion. It is expected that public involvement in the process will begin in November with a deliverable ready for Council's consideration in February or March, 2010. Deliverables The Sandy Point Road Planning Study will be submitted to Council as a single document in a format that is readily understood by the general public. This includes the use of simple terminology, attractive formatting, and the inclusion of pictures, sketches, and maps throughout the document. The Planning Study will include clear recommendations to Common Council respecting the future use of land in the study area. The Statement of Professional Opinion will be included in the final document as an appendix to the document. Project Budget Existing human and financial resources within the approved 2009 Operating Budget for the Planning and Development Department will be adequate to absorb all requirements of this project except for services required from a third party professional land use planning consultant. insufficient resources exist within the Department's Operating Budget for the estimated $25,000 required to obtain a third party land use planner. Timelines Provided that the necessary resources are allocated and that publicly acceptable solutions to the planning issues in the Sandy Point Road area emerge in short- order, it is anticipated that a final report will be submitted to Common Council for consideration and approval in February or March, 2010. Ownership of the Document The Sandy Point Road Planning Study will be presented to Common Council foradoption by resolution and the study will be accompanied by a list of all recommended changes to the City's Municipal Plan and zoning Bylaw, 158 Sandy Point Road Planning Study Statement of Professional Opinion Sandy Point Road Planning Study June 22, 2010 L00943801 2 1 P a g e Statement of Professional Opinion Sandy Point Road Planning Study 161 31 Page Table of Contents ExecutiveSummary ......................................................................................................... ..............................5 Background.................................................................................................................... ............................... 6 RockwoodPark ........................................................................................................... ..............................6 PublicConsultation ......................................................................................................... ..............................9 ProjectPrinciple .......................................................................................................... ..............................9 StakeholderMeetings ................................................................................................ .............................12 Consultation Summary Themes ..................................................................................... .............................12 ConservationTheme .................................................................................................. .............................12 Defining the Conservation Concern ....................................................................... .............................12 ParkAccess Theme .................................................................................................... .............................14 Statement of Professional Opinion ................................................................................ .............................16 Guideto Public Policy ................................................................................................ .............................16 Public Lands and Parks Policies ...................................................................................... .............................17 Establish a "No Net Loss" of Parkland Policy ............................................................. .............................17 Increase Access to Rockwood Park ............................................................................ .............................18 Promote Residential Development in Areas with Existing Infrastructure ................. .............................18 A Commitment to Partnerships ................................................................................. .............................19 Protect Natural Resources — Expand Rockwood Park ................................................ .............................19 Protect Scenic Resources ........................................................................................... .............................19 A Commitment to Design Excellence ......................................................................... .............................20 ConceptPlan ................................................................................................................ ............................... 21 Area A — Conservation Theme Park Expansion and Connections to Open Space Networks ...................... 21 Site A — (Low Priority, 5 -10 years) ............................................................................ ............................... 22 Site B - (High Priority, 2 -5 years) ................................................................................ .............................22 Site C — (High Priority, 2 -5 years) ............................................................................. ............................... 23 Site(s) D — (High Priority, 2 -5 years) ........................................................................... .............................23 Site(s) E — (Low Priority, 15 -20 years) ...................................................................... ............................... 24 Site F — (Low Priority, 5 -10 years) ............................................................................ ............................... 24 Site G — (Low Priority, 5 -10 years) ............................................................................ ............................... 25 Area B — Access Theme Rockwood Park Neighbourhood Development Area ............. ............................... 27 Site H — (Medium Priority, 5 -10 years) ....................................................................... .............................28 Statement of Professional Opinion Sandy Point Road Planning Study 162 41 Page Site I— (Medium Priority, 5 -10 years) ......................................................................... .............................28 Site J- (High Priority, 2 -5 years) .................................................................................. .............................29 Site K— (Low Priority, 10 -15 years) ............................................................................. .............................30 Site L — (High Priority, 2 -5 years) .............................................................................. ............................... 30 Site M — (Low Priority, 15 -20 years) ......................................................................... ............................... 31 APPENDIX A: - Public Responses to Questionnaire ....................................................... .............................32 Public Questionnaire / Survey :.................................................................................... .............................32 APPENDIX B - Rockwood Park Design Guidelines .......................................................... .............................69 „Rockwood Park Style" .............................................................................................. .............................70 Appendix C- March 10th, 2010 Public Consultation Session Presentation ..................... .............................75 Figure 1 - March 10, 2010 Consultation Sessions ........................................................... ..............................9 Figure 2 - Garbage dumped illegally at the Sandy Point Road trail head ...................... .............................14 Figure 3 - Example of Building Alignment Protecting Scenic Views ............................... .............................20 Figure4 - Aerial view of Site B ..................................................................................... ............................... 22 Figure 5 - Site C — Lands owned by the Animal Rescue League ................................... ............................... 23 Figure 6 - Example Gateway into Mount Rainer National Park ..................................... .............................23 Figure7 - Sites F and G ................................................................................................. ............................... 24 Figure 8 - Example of good corner building design ....................................................... .............................25 Figure 9 - Medium density housing in Halifax protects public waterfront access ......... .............................26 Figure 10 - Site H - Crescent Lake Golf Range ................................................................ .............................28 Figure 11 - Site I Rockwood Park Golf Clubhouse .......................................................... .............................29 Figure 12 - Site J - Course Maintenance Building ........................................................... .............................29 Figure 13 - Example residential development well designed with public access to park land ...................30 Figure14 - Site K .......................................................................................................... ............................... 30 Figure 15 - Site L - Example of High Quality Urban Design ............................................ .............................31 Figure 16 - Example from "Good Solutions Guide For Medium Density Housing . ........ .............................69 Statement of Professional Opinion Sandy Point Road Planning Study 163 51 Page Executive Summary In January 2010 the City of Saint John appointed ADI Limited of Saint John, as an independent consultant to lead the public consultation process for the Sandy Point Road Planning Study and provide a Statement of Professional Opinion. The purpose of the study is to identify the optimum future use of City -owned property located south of Sandy Point Road and adjacent to Rockwood Park. The public participation for this study followed standard planning practice techniques to engage those with a stake in the future use of the land leading to a City Planning Staff recommendation on potential amendments to the Municipal Plan and the Zoning Bylaw. On March 10th, 2010 ADI facilitated consultation sessions with the public for the purpose of understanding the issues and concerns related to residential development of City owned park land along the Sandy Point Road. The results of the consultation and subsequent stakeholder meetings indicate two main themes of public concern; that of "conservation" of park land, and that of increased "access" to Rockwood Park. Utilizing the information from the consultation, professional practice and theory, and direct field observations ADI prepared a public policy guide that includes the following recommendations: • No Net Loss of Parkland • Increase Access to Rockwood Park • Promote Residential Development in Areas with Existing Infrastructure • A Commitment to Partnerships • Protect Natural Resources — Expand Rockwood Park • Protect Scenic Resources • A Commitment to Design Excellence Following these public policy recommendations ADI prepared a detailed concept plan that attempts to address the public policy guidance by separating the study area into two areas based upon themes of "conservation" and the other based upon increased "access" to Rockwood Park. ADI's statement of professional opinion represents a balanced approach that values both the natural features and landscape ecology of Rockwood Park and the cultural environment of sustainable communities. Statement of Professional Opinion Sandy Point Road Planning Study 164 61 Page Background On August 18, 2009, Common Council for the City of Saint John adopted a resolution that the Department of Planning and Development should carry out a planning study to identify the optimum future use of City -owned property located south of Sandy Point Road and adjacent to Rockwood Park. The primary reason for the study is to ensure that proposed future land use of the subject area is the most appropriate from a planning, financial /economic, environmental /sustainable and community perspective. The study was commissioned in response to unsolicited offers from the development community to develop City -owned parcels of land located within the subject area for uses that are not currently permitted in the adopted Municipal Development Plan and Zoning By -law. Common Council further directed that the Planning Study should engage those with a stake in the future use of land in this area in a public process leading to a Planning Staff recommendation on potential amendments to the Municipal Plan and the Zoning Bylaw. The Department of Planning and Development being the responsible agency to provide Common Council with land use policy recommendations undertook a Technical Background Study gathering information on: defining legal boundaries, current planning policy, environmental matters, transportation, servicing, and economic / fiscal considerations to provide a context upon which any recommendations will be based. In addition, to the technical background study Common Council appointed ADI Limited as an independent planning consultant to carry out two tasks: a) To undertake public consultations as part of the planning process to solicit as many views as possible from interested parties, including developers, stakeholder groups and the general public of the future use of such lands; and b) To prepare a Statement of Professional Opinion that will provide recommendations on the most appropriate future land use(s) of the subject lands. The Statement will also include: a summary of the public consultation event, any relevant design principles for any uses(s) proposed, examples of best practice elsewhere in Canada or abroad and reasoned planning justification for said recommendations taking account of the above. Rockwood Park Rockwood Park is a municipal park owned and managed by the City of Saint John. At 2,200 acres (891 hectares) Rockwood Park is one of the largest municipal parks in Canada. The origins of Rockwood Park are similar to many of North America's parks. During the 1800's the popularity of parks in most North American cities was a response to increasing industrialization and urbanization. Rockwood Park began in similar fashion as a growing Saint John populace took advantage of an informal recreation area close to the urban core. Rockwood's popularity with local citizens inspired the formal adoption of "dedicated" parklands through Provincial legislation. The term "dedicated" is often used in referring to parkland. Common phrases include "lands dedicated for park purposes" and "dedicated parklands." However, dedication can also be implied. In the case of Statement of Professional Opinion Sandy Point Road Planning Study 165 71 Page Rockwood Park the informal dedication of parkland occurred over time through municipal actions which demonstrated that the City of Saint John considers the lands to be parkland. Examples of such actions have included publicly announcing the intention to purchase lands specifically for use as a park, developing a "master plan" for the park, capital budgeting for park purposes, "mapping" lands as parkland, and constructing park trails and other amenities. Rockwood Park is not a highly programmed park in which every square foot has "design and purpose" such as New York's Central Park. Rockwood Park's story is still evolving. Major infrastructure improvements, such as the gateway development currently underway at the Lily Lake entrance, suggest a new "golden age" for Rockwood Park. However, as we move forward into this new period of park evolution there are also new costs and new challenges. One such challenge manifested in the summer of 2009 when Common Council placed a moratorium on the development of City owned land along the Sandy Point Road and called for a detailed planning study. The area under consideration of this study generally encompasses lands bounded to the west by the Sandy Point Road from a point beginning at Kelly Lane continuing north along the Sandy Point Road for 5 Kilometers to an intersection with Foster Thurston Drive. The study area represents approximately one quarter of Rockwood Park along the north western boundary. Because of its size, 2200 acres, Rockwood Park is classified as a regional park. Some of the main facts that are known: • The Sandy Point Road corridor along Rockwood Park, curves along the northern and eastern boundary of Rockwood Park, and connects with arterial roads at either end • Many of the residential dwellings along the corridor front directly on the Sandy Point Road and back onto the park. Only a few public streets intersect with the corridor along its length. • The corridor includes lands that have been used as a municipal park for some decades ADI's primary task in this assignment is to prepare a "Statement of Professional Opinion" that includes recommendations on the most appropriate future land use(s) of the subject lands, including a summary of the public consultation event(s), any relevant design principles for any uses(s), proposed, examples of Statement of Professional Opinion Sandy Point Road Planning Study 166 81 Page best practice and planning justification for recommendations. The challenge in rendering a "statement of professional opinion" that recommends potential land uses begins with thorough public consultation and by understanding the land's value in its current state. Statement of Professional Opinion Sandy Point Road Planning Study 167 91 Page Public Consultation On Wednesday, March 10th, 2010 ADI hosted two separate public consultations in the Lily Lake Pavilion's Mac Murray Room. The sessions were held from 3 -5 pm and from 7 -9pm with ADI making formal presentations at 3:15pm and 7:15pm, a copy of ADI's presentation is included in Appendix C. Project Principle A key message delivered to the public during the ADI presentation was the project principle. The project principle is a declaration of the core values that guided ADI's service as professional planners working on behalf of Common Council and in the public's interest. The Project Principle as stated during the March 10th Consultation Sessions was "To develop public policy that will result in a safe, healthy and sustainable community by promoting and designing a vibrant urban form well integrated with the natural values of Rockwood Park ". The consultation sessions were held in a workshop format with the public sitting in small groups of 8 -10 people. Both sessions were well attended with approximately 70 persons attending the afternoon session and more 110 persons attending the evening session. Figure 1- March 10, 2010 Consultation Sessions Statement of Professional Opinion Sandy Point Road Planning Study 168 101 Page After each of ADI's presentations the public was offered a short opportunity to ask questions. The consultation format was designed to allow participants to work together in small "breakout" groups. Once the breakout sessions began each table was instructed to elect a spokesperson for each table. These small groups would then engage each other directly and foster greater dialogue of issues and concerns among park users, neighbours, and residents. ADI's planners; Brian White, Giovanni Paquin, Andrew Matheson, and Elizabeth De Luisa, and Nayan Gandhi from the City of Saint John facilitated among the groups. Additionally each table was supplied with questionnaires to aid the group discussion. Alternatively the questionnaire could be used as a survey form for individual comments. The questions provided to the public were as follows: 1. What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? 2. Identify on the map any special landscape, look offs, historic, or cultural elements. 3. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? 4. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. 5. Are there trails, benches, facilities, and other amenities along Rockwood Park / Sandy Point Road? Are there entrances to the Park? Are the entrances safe and inviting gateways into the park? 6. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? 7. Does existing development reinforce the character or values of Rockwood Park? Give examples of architectural design features reflect the character of Rockwood Park? Each table was also provided with a large scale map of study area and participants were encouraged to identify on the map any special landscape features, look offs, historic, or cultural elements that represent good park opportunities. Following a period of 45 -60 minutes each table was provided an opportunity for their spokesperson to report back to the entire room their responses to the questions or provide general comments. During the reporting process notes were taken regarding the general concerns, issues and opportunities being brought forward, a summary table of those items is shown below on Table 1.0. Table 1.0 — Summary of Issues and Opportunities from March 10th Consultation Sessions Topic Issue or Opportunity Boundaries: Need to clearly define the park. Boundaries of Rockwood Park need to be articulated. Does the park come to Sandy Point Road? Need to define the boundary. Need several visions of the park. South of Peacock along old abandoned Sandy Point Road is good buffer /boundary. Boundary is already known, Sandy Point Road (and Foster Thurston) is the boundary of the park and Cherry Brook Zoo is the entrance. Environment: Extreme environmental sensitivity (trees on rocks, water tables, run off over road). Shallow soils /wetlands make it difficult to develop. Statement of Professional Opinion Sandy Point Road Planning Study 169 111 Page The maps with the public's notations from the sessions have been summarized on Map 1.0 Public Consultation Highlights. Statement of Professional Opinion Sandy Point Road Planning Study 170 Concern regarding runoff into lakes. Threat to fishing if developed. Harrigan Lake "infected" by development. Geopark points of interest (caves) Dumping along Dark Lake Road. Great view above Hazen White School/ site of former city dump. Development: Focus on development complementary to the park. Potential development areas need to conform to strict design guidelines. How to develop? How to enhance the park? City of Saint John needs a clear vision and clear design guidelines for development. The area between the clear cut at 1671 Sandy Point Road and golf course are potential locations for development but only IF financial benefits or amenities go into Rockwood Park. Any new development should be Single Family dwellings only. The Golf course blends into the park very well. Golf course built in 1970s and needs upgrades. The driving range is well hidden and buffered. Leave the golf course alone. Zoo is well integrated. A lot of rock on Sandy Point Road — no blasting. 1671 lot — does not enhance the park — bad infill. No development at 1671 Sandy Point Road. This study is about Rockwood Park, not "surplus land ". There are development opportunities on waterfront so why develop here? Saint John has large land mass so why are we touching one of our biggest natural assets? Does housing fit? Not really. Retain all city -owned land in Rockwood Park. Don't take park away from Saint Johners. No development east of Sandy Point Road, leave the park as it is. No development within park boundaries. Park land inside the roads should not be developed. No housing development (SFD, Townhouses, etc.). Development will reduce access. Cannot rely on zoning — rezoned Residential in 2005. Rockwood Park on 2009 calendar in Japan — international respect for park — endangered by development? Access: More access to park! Focus improvements to new access points. More trails, improve walkability.1 or 2 street side parking lots near existing trailheads and new trails and amenities! Increase parking lot size near zoo. Parking needs design guidelines. New park entrance at Ski Hill & upgrade at zoo. Bike lanes on Sandy Point Road Improve existing wilderness trails. Old road on Peacock Road is covered over cutting off public access, not improving it. Rockwood is a "Diamond in the rough that needs to be protected." Only appropriate improvements would be to build 1 or 2 new trail heads. Upgrade Sandy Point Road (traffic concerns) —Traffic light need at Sandy Point Road intersection. Animal Rescue League needs 2200 ft. buffer (formerly Peacocks). Zoo security is a problem. Reopen the bunny ski hill for kids. The maps with the public's notations from the sessions have been summarized on Map 1.0 Public Consultation Highlights. Statement of Professional Opinion Sandy Point Road Planning Study 170 121 Page Stakeholder Meetings In the period following the March 10`" consultation sessions, ADI was contacted by several individuals and organizations for the purpose of expressing individual and group positions. Among the groups ADI met with were, Active Transportation Saint John, the Sandy Point Road Neighbourhood Group, the Friends of Rockwood Park, and various individuals and property owners along the Sandy Point Road. Letters and submissions from these groups have been included in Appendix A. Consultation Summary Themes The challenge in summarizing the public consultation session is that many of the public in attendance did not extend their input far beyond a "no development" position. Rather than discussing the opportunities of the planning study the general attitude of the consultation session represented no compromise position against yet another perceived threat to Rockwood Park. The public's response was, according to long term park users, similar to the reaction and efforts to stop the natural gas pipeline routing through the park. However, several submissions and some members of the public did recognize that well designed clusters of development could potentially benefit the park. Notwithstanding the disparity in public opinion two main themes did emerge from the consultation session; the first being a theme of "conservation" and the other related to increasing "access" to Rockwood Park. Together these themes of "conservation" and increased "access" have guided ADI in the formulation of the "statement of professional opinion." Conservation Theme The first theme arising from the consultation is one of conservation and protection of Rockwood Park. Indeed the majority position held by those in attendance was that the park should remain exactly as it is today. Some in attendance held a stronger view of Rockwood Park as a de facto ecological reserve or conservation area whose ecological integrity is under direct threat from development. Defining the Conservation Concern From the public's perspective, development pressures along the Sandy Point Road have the potential to result in an inevitable loss of open space and forests. The concern heightens such that the perception is that development pressures would degrade the existing parkland and that the ecological carrying capacity of existing parkland will be exceeded if the finite parkland resources are further eroded. Professional practice in park management suggests that striking a balance between philosophies of "parks for people" and "maintaining ecological integrity" can be a difficult challenge. In Rockwood Park the job of striking that balance is made easier as the vast acreage provides sufficient buffering such that the core ecology is able sustain itself against intensive recreational uses and development pressures. Municipal parks are normally areas focused on recreational activity and landscape enjoyment for residents and visitors. However, recreational activities inherently pose direct threat to ecological integrity of land and yet are completely consistent with the role of a municipal park. On the opposite Statement of Professional Opinion Sandy Point Road Planning Study 171 131 Page end of the spectrum many Provincial and Federal parkland areas have been set aside primarily to protect designated areas of ecological importance. While people and their activities are typically paramount in planning municipal parks, human activities that potentially threaten ecological integrity are restricted in Provincial and Federal parks. As people become more environmentally aware, their ideas about the ideal landscape for recreation as well as their preferred outdoor activities change. Rockwood Park, at 2,200 acres, is classified as a regional park. Regional parks typically have two categories of landscape that of a "Core" and of an "Edge" area. The role of the "core" in a regional park is to maintain the "wilderness experience" for park users. Whereas the regional park "Edge" has a noticeably more human use component where more active and intensive uses are encouraged. The "Sandy Point Road Planning Study" area is entirely contained within the edge area of Rockwood Park, and therefore appropriate park activities with the edge should not interfere with the role of the park's core in maintaining the "wilderness experience ". This approach is reinforced in the 1988 master plan which identified 3 areas of the park for development with the majority of the parkland along the Sandy Point Road falling into the "Recreation and Cultural Zone ". The focus of this zone is to use the park primarily on new initiatives for active and passive recreation developments. The Rockwood Park Master Plan also recommended many activities such the clearing of trees and creating a more manicured landscape along the Sandy Point Road which would not relate well to a park management plan focused on maintaining ecological integrity. However, the role of a municipal park to enhance the human experience by providing a manicured landscape does relate well to the public's understanding of what a city park should be. One final and notable observation that the consulting team did make was that even though the public was concerned with maintaining the park's integrity there was little or no reference to the fact that ecological systems, wildlife corridors, natural areas do not follow man made boundaries such as the Statement of Professional Opinion Sandy Point Road Planning Study 172 141 Page Sandy Point Road. ADI concluded, after reviewing the project background reports and through field observations, that there are areas such as the land around Howe's Lake that have good potential for expanding Rockwood Park's boundaries (see MAP 3.0). Such expansions of the park's boundaries relate best to existing natural features and ecological networks and less upon man -made boundaries such as the Sandy Point Road. This concept of park expansion is explored in greater detail in the "Concept Plan ". Park Access Theme While public opinion was clear about the need to protect Rockwood Park there was also an equally strong sentiment expressed regarding the need to improve access to the park. The public's view of Rockwood Park is that it provides a fulfilling natural experience that can occur daily within a relatively safe and secure situation; however this experience is not evenly distributed through the park. The public identified that safe and secure experiences in Rockwood Park along the Sandy Point Road are difficult to locate. The consensus of opinion was that opportunities do exist within the study area to develop greater park amenity that would provide natural experiences for those who often are unable to access them, including the young, the elderly, the infirm, and the poor. These ideas are also reflected in the 1988 Rockwood Park Master Plan that recommended trails, trail heads and better year round access. Traditional park designs, such as Rockwood Park, followed a Figure 2 - Garbage dumped illegally at the Sandy Point Road trail head to Rockwood Park, March, 2010. philosophy to create an oasis within the city, a reprieve from the noise and congestion. Thus, many traditional park designs turned their backs on the city with a strong landscape barrier at the street. Under many circumstances, this can increase risk of crime, and nuisance activity such as the illegal dumping of garbage. Municipal parks that follow modern park planning practice encourage daily exercise on park trails and other park amenities by making them highly accessible from new and existing communities. The professional practice in creating successful city parks points to a need for Statement of Professional Opinion Sandy Point Road Planning Study 173 151 Page many park access locations with a variety of methods to arrive using differing modes of transportation, including walking, hiking, bicycling, public transportation, and personal vehicles. The area around Lily Lake is a good example of parkland with excellent variety in both the number of access points and methods of access. Increasing access to Rockwood Park along the Sandy Point Road also requires the consideration for maintaining public safety. Areas where the most intense recreational uses occur should be located near public roads and adjacent to areas that have existing or planned community development. This will allow the future park design and access to incorporate CPTED (Crime Prevention through Environmental Design) principles in the areas that will be most heavily used by people. CPTED principles involve the design of buildings and open spaces to enhance public safety. Within Rockwood Park's "edges" it is appropriate to encourage park activities such as walking, hiking, bird watching, and other activities that reflect the interests of our aging demographic. Appropriate residential land uses immediately adjacent to, and somewhat integrated with the park landscape helps to ensure that the elderly have safe and secure access to the park. Park users, in general, will also benefit from the informal surveillance offered by nearby residents. Residential neighbourhoods that connect to the park edge and do not threaten the park core are referred to as "stewardship communities" and when properly designed become vital to the long term success of a municipal park. Statement of Professional Opinion Sandy Point Road Planning Study 174 161 Page Statement of Professional Opinion ADI's primary task to prepare a "Statement of Professional Opinion" includes recommendations on the most appropriate future land use(s) of the subject lands. In preparation of the opinion ADI has also recommended policy guidelines that will require a focus on themes of conservation and access which are further guided by good planning and urban design. Guide to Public Policy The intent of the public policy should be to achieve a high standard of care and sensitivity for the environmental conditions along the Sandy Point Road and for Rockwood Park. The concept plan for the study area relates to the consultation themes in the following manner: • The degree of naturalness of the land along Sandy Point Road relates to existing conditions. Those areas that exhibit an existing high degree of naturalness, such as Area A (see MAP 2.0), should continue along that path and be enhanced by public policy decisions. Efforts to present this area as a more manicured landscape should be scrutinized against the priority to conserve and protect the ecological integrity of the area. In contrast the area along the Sandy Point Road that exhibits a greater degree of cultural influence through existing residential and golf course development, such as Area B (see MAP 2.0) should be enhanced for opportunities to provide access to Rockwood Park. Additionally, as per the Rockwood Park Master Plan, "efforts to visually upgrade and clear view sheds into the park should be considered if Rockwood is ever to appear "park like" in nature ". • The type of recreation outdoor experiences possible along the edge boundaries of Rockwood Park relate to the public commentary and recommendations stemming from the Rockwood Park Master Plan that encourage new trail development and new trail heads. In the conservation area (Area A see MAP 3.0) the recommendation is to examine private and public partnership opportunities to locate park trail head and facilities on privately owned land and thereby reinforcing the higher degree of naturalness in the area. • Concerns regarding environmental sensitivity, as described by the public relates primarily to concern over storm water management and the potential for contaminated urban runoff to further degrade the existing condition of Rockwood Park's lakes. Proposed development scenarios would be required to adhere to urban design guidelines that require detailed Site Disturbance Plans, detailed Erosion and Sedimentation Control Plan, and a Storm Water Management Plan. (Appendix B) • The intensity and scale of proposed uses is governed by the need to protect public views and relates to the scale determined by natural features in the park such as tree height. Proposed buildings can be more in scale with Rockwood Park's trail edge by stepping back the building, hiding the bulk of the building behind lower -scale elements, or under a sloping roof. A greater level of discussion regarding design guidelines is provided in Appendix B. Statement of Professional Opinion Sandy Point Road Planning Study 175 171 Page Public Lands and Parks Policies The Public Lands along the Sandy Point Road, whether designated park or not, are owned by the City of Saint John. The right to dispose of public lands resides in the trust of Common Council and guidance for decision making related to disposal of City owned lands comes through good public policy. The following are recommendations for Common Council's consideration toward the adoption of new public policies. Establish a "No Net Loss" of Parkland Policy Critical to maintaining the Rockwood Park is the adoption of a "no net loss" of parkland policy and for greater clarity "no net loss of usable recreation and open space acreage" as a result of zoning changes, the sale of parkland, or through non -park uses. There are two important reasons that the City of Saint John should consider in the adoption of a "no net loss" of parkland policy regarding Rockwood Park. First and foremost is the effect on natural systems which in keeping with the City's Integrated Community Sustainability Plan (ICSP) states that the City shall: • Respect Saint John's natural ecosystems. Act as a custodian for the biodiversity and natural ecosystems of Saint John, and protect and restore them; • model the development of Saint John on the characteristics of natural systems; and • strive to minimize Saint John's ecological footprint; This first principle suggests that before parkland is divested its ecological or natural value should be evaluated and equal or greater compensation be reinstated for any lost parkland. On the opposite end of the policy spectrum and the second principle supporting a "no net loss" of parkland is that loss and degradation of parkland can have a negative impact on real estate values. In Saint John, the potential loss and degradation of parkland may have a significant negative effect on the ability of Saint John to capitalize on the regional appeal of Rockwood Park. At the local neighbourhood scale most people are willing to pay more for a home close to a nice park. Economists call this phenomenon "hedonic value" which is affected primarily by two factors: distance from the park and the quality of the park itself. The affect on property value in proximity to a park can be measured up to 2,000 feet from a large regional park; however most of the property value is within the first 500 feet. Research states that a "conservative value of 5 percent as the amount that parkland adds to the assessed value of all dwellings within 500 feet of parks. The preponderance of studies has revealed that excellent parks tend to add 15 percent to the value of a proximate dwelling; on the other hand, problematic parks can subtract 5 percent of home value."' 1 Measuring the Economic Value of a City Park System, Peter Harnik and Ben Welle, Center for City Park Excellence, The Trust for Public Land, Washington, D.C. 2009 Statement of Professional Opinion Sandy Point Road Planning Study 176 181 Page Increase Access to Rockwood Park Rockwood Park has evolved as a traditional park design that attempts to create an oasis within the city, as a reprieve from industrial land uses and urban congestion. This type of traditional park design turns its "back" on the city with a strong landscape barrier at the street. Quality of life is often cited as a relevant factor in attracting and retaining newcomers to an area. One key aspect of quality of life is the availability and quality of recreation and parks. Increased access to Rockwood Park, the "opening of doors ", coupled with improvements to the park's recreational opportunities would lead to increased quality of life for residents. Convenient and well located access to park recreational opportunities also increases physical fitness, reduces resident anxiety and stress, and can lessen the incidence of substance abuse and depression. Promote Residential Development in Areas with Existing Infrastructure. As discussed previously regarding the Degree of Naturalness, the area along the Sandy Point Road from the golf range at Crescent Lake to Cherry Brook is a cultural landscape largely impacted by human settlement. A best practice approach to site development comes from LEED2 provides direction in favour of utilizing previously disturbed and developed sites. Additionally it is the accepted professional practice that "higher density forms of housing development as well as the redevelopment of existing areas ( "intensification ") is, on balance, more environmentally sustainable than lower density development in greenfield areas (the pattern of development which has been typical in Saint John until very recently). Redevelopment makes more efficient use of land and can, in certain circumstances, reduce the need for additional infrastructure by making use of capacity in existing infrastructure . n3 Growing Cooler: The Evidence on Urban Development and Climate Change a research study from the Urban Land Institute (ULI) makes a case for high- density, compact development models that, by design, reduce carbon emissions from vehicle traffic. Urban sprawl occurs when development "leap frogs" outwards from the city core to its outskirts in the form of a low- density, auto - dependent development on rural land. Sprawl traditionally begins as un- serviced single family dwelling subdivisions that consume much more land per- capita than traditional urban developments which then begin to demand services as found in the urban areas. Sandy Point Road exhibits some of these sprawl characteristics however where central services are already in the public ROW reasonable effort to develop appropriate residential infill should be explored. The additional unique circumstance of the Sandy Point Road is that although "rural" in character the majority of the residents are less than Skms from the city's uptown core and less than 1km from the University of New Brunswick and Saint John Regional Hospital. Locating residential development in close proximity to these regional employment and service centers represents an excellent opportunity to promote a more sustainable "complete" community model. 2 Leadership in Energy & Environmental Design (LEED) is an internationally recognized green building certification system that provides building owners and managers a framework for identifying and implementing practical and measurable green building design, construction, operations and maintenance solutions. 3 Review of Development Financial Incentives, City of Saint John, Hemson Consulting Ltd., June 2010 Statement of Professional Opinion Sandy Point Road Planning Study 177 191 Page A Commitment to Partnerships Through enhanced partnerships with schools, public agencies, private developers, and nonprofit institutions, Saint John can support opportunities to add park and recreation resources and other public spaces without acquiring land. By developing strong partnerships with volunteer groups, foundations, nonprofit organizations, resident and business organizations Saint John can support the park with advocacy, programming, and funding outside of the public's purse. The Animal Rescue League (ARL) recently purchased the former Peacock Nursery property with the intention of re- locating their animal shelter. The ARL is a non - profit organization that provides rescue, temporary housing, care and assistance to stray and unwanted animals in the greater Saint John area, as such they service the public interest. The former Peacock site is also ideally suited to service the public interest in the form of a major park hub that can accommodate a large parking area, washrooms, etc. without disturbing parkland. The City of Saint John should explore with the ARL, and other partners (e.g. Saint John YMCA — YWCA Glen Carpenter Centre) how both parties can mutually benefit from joint projects. Protect Natural Resources - Expand Rockwood Park. The unique aspect of this particular park is its location. The study area offers a wilderness experience immediately adjacent to a densely developed city. At 2200 acres Rockwood Park provides quietness, aesthetic beauty, species diversity and richness, as well as interesting elements and forest stands in an urban context where such attributes are rare. The close proximity of Rockwood Park to urban environments enables residents to experience the wild landscape on a daily basis. While expansion of the system is important, new parks must be selected carefully to ensure that they contribute to fulfilling the purposes of the system and that they justify the considerable public investment in acquisition and longterm management. Example criteria are used for initial evaluation of proposed sites to expand Rockwood Park are: • significance of the proposed site's resource themes; • size (sufficient acreage to protect the principal resources); • absence of incompatible features (water and noise pollution threats, etc. ); and • no limitations on public access that would inhibiting management or public use Protect Scenic Resources Saint John is has an abundance of high hills, bluffs, and steep topographic areas that offer spectacular views and vistas of the city, park land, river valley, the harbour and the ocean. While scenery is important to the overall quality of our communities, scenic vistas and view sheds are often destroyed during rapid change, both in the natural and built environments. Identification and protection of these assets is an important component of smart growth and scenic stewardship. Statement of Professional Opinion Sandy Point Road Planning Study 178 201 Page Establishment of design guidelines will not only limit the impact of development on scenic vistas and view sheds but also enhance the public opportunity to enjoy these assets. Clear design guidelines give communities a chance to decide how development will affect their neighborhoods and countryside. Responsible control of elements such as height, bulk, design, materials, color, landscaping, and siting helps a project blend with its surroundings. Scenic areas endow communities with substantial benefits, such as higher property values and increased tourism revenue. Protecting scenic vistas and view sheds from the effects of haphazard development allows a community to preserve its unique charm, build civic pride, and attract positive growth to the area. A Commitment to Design Excellence Saint John will foster excellence in design for Rockwood Park for its park amenities and new communities. Excellent design creates environments that are safe, comfortable, interesting, pleasant and long- lasting, providing a place for 0 .. ** people to enjoy and express•;.`£ themselves. Innovative design that'+ '`• " +, promotes interaction with the park is w. encouraged. Quality public spaces, along ` t �,tt a1 ' °�`• "•_ r the Sandy Point Road that invite people * •;' ,, �1b* into Rockwood Park, are possible by adhering to design strategies such as: c .� �. •°* �} ' • '' ` A, *6 • Design urban form along the �, __�: ;�� •` • "•� #` •! Sandy Point Road respecting ;•'�`' the public interest's increased access to Rockwood Park; Figure 3 - Example of Building Alignment Protecting Scenic Views • Design direct public connections and sightlines from the Sandy Point Road into Rockwood Park • Utilize materials of the highest quality in new and redeveloped public spaces so as to ensure that they will be built to last; • Increase the budget and staff to support and maintain public spaces. As more people use public spaces in the future, more attention is required to maintain the safety, function and aesthetic of place; • Ensure that that public gathering places such as trail heads can be easily watched by nearby residents • Trail heads and vistas should have convenient and functional seating, waste /recycling containers and other street furniture; • Parking should be discreet and one of the least dominating features on the landscape. A greater level of detail regarding the built environment is included in Appendix B. Statement of Professional Opinion Sandy Point Road Planning Study 179 211 Page Concept Plan Rockwood Park represents one the largest urban municipal parks in Canada. The study area, although only a portion of the park, is complex in both its geography and land use issues. Consequently, no single statement could attempt to address the variety of public policy issues that need Common Council's attention. The following plan is therefore a guide to implementing public policy within the study area. Much of the proposed planning is very site specific and relates to small clusters of development, the vast majority of the study area should remain as park land developed only for recreational purposes. Land within the study area not specifically mentioned in the plan should remain largely in its current state, subject only to detailed scale site planning and additional public consultation. A key consideration in this study is the degree of land alteration along the Sandy Point Road that has impacted the existing degree of naturalness. The area south of the driving range (Area A See MAP 2.0) tends toward larger sections of intact "greenfields" or undistributed sites. Whereas, the area of land (Area B see MAP 2.0) from the driving range along the golf course represents the largest contiguous section of the study area that has been and continues to the focus of construction activity. Existing conditions along the Sandy Point Road both in the northern developed section and southern green fields represent the appropriate context in development of policy objectives. Along the northern section of the Sandy Point Road a reasonable amount of development can be integrated with existing residential and golf course development. The physical intrusion of development into the parkland will be limited to maximum of distance of approximately 150 meters reflecting the existing privately owned residential lots along the Sandy Road. Whereas the focus of southern section is to maintain a high degree of undisturbed natural vegetation on the conservation and park lands as well as at the rear of most of the residential lots. A detailed discussion of both areas follows. Area A - Conservation Theme Park Expansion and Connections to Open Space Networks Growth and development throughout Saint John has been shaped by a natural network of open space. The natural corridors interconnect natural areas and provide opportunity for wildlife to migrate between habitat patches and maintain natural ecological functions. Within Saint John, this network of open space serves many functions. It shapes settlement form and provides natural resources that support the economy and preservation of our cultural heritage. It provides opportunity for outdoor recreation and aesthetic enjoyment. It also provides habitat for wildlife and performs important environmental services such as the retention of flood waters, uptake of nutrients, abatement of pollution and moderation of climate. Area A represents an opportunity to strengthen the connection between natural areas, parks and communities that will conserve biodiversity, provide opportunities for outdoor recreation, and retain Saint John's natural heritage. There is a high degree of naturalness found in the Area A lands was generally shown on Map 2.0. This land is primarily publically owned with only few private landowners being completely surrounded by parkland. The majority of the Area A lands are also undisturbed, due in part largely to the lack of private Statement of Professional Opinion Sandy Point Road Planning Study 180 221 Page ownership and that the lands are unserviced by either municipal water or sewer. Additionally majority of the publically owned park lands in this area are governed by the public trust that attached legal burdens to the development of Rockwood Park. This combination of undisturbed land and legal restrictions provides enough policy direction that these lands, notwithstanding site specific recommendations, should remain parkland for the "exclusive recreation and the enjoyment of the public." The focus of land acquisition relative to the proposed "no net loss of parkland" should be lands within AREA A. As discussed earlier in this report, the creation of a "no net loss of parkland" would include stipulations requiring that vacant land /open space within urbanized areas of Rockwood Park's boundaries can only be developed if parcel of equal or greater size, ecology, geographic relationship, and accessibility can be acquired as public park space. Site A - (Low Priority, 5 -10 years) Site A includes 2 parcels of land both of which are privately owned. Immediately west of Site A is a long narrow strip of land owned by the City of Saint John that was formerly a proposed alignment for the Sandy Point Road. The public has expressed, during the consultation, a desire to have the Rockwood Park boundary follow this alignment. Development potential requires the extension of public services and access to the Sandy Point Road and although these properties are not inholdings acquisition of these lands would reinforce the geographical integrity of the park. This is a low priority item that can be achieved over time through land trades or as designated lands for public purposes. Site B - (High Priority, 2 -5 years) Site B is outside of the Sandy Point Road Planning Study Area and consequently outside the scope of this project. However, the opportunity for valued park land expansion was raised by the public and therefore discussed in this context. The site is approximately 10 -12.25 hectares (25 -30 acres) and includes Howe's Lake and represents a portion of larger parcel owned by the City of Saint John that includes the location of the former city landfill. The land is part of the same geological formation home to "Howe's Cave" within Rockwood Park. Site B represents a unique feature on the landscape in relation to Rockwood Park. As a predominate hill it offers great vistas to both the park and the City. The site is also one half of a small valley passage leading into Crescent Valley that combined with tall mature forests offers automobile drivers along the Sandy Point Road a well balanced comprehension of the landscape that contrasts well with the Figure 4 - Aerial view of Site B Statement of Professional Opinion Sandy Point Road Planning Study 181 231 Page open vistas provided along the Sandy Point Road nearest the golf course. The land is unserviced and the steep slopes pose potentially difficult development constraints. In contrast the parkland potential of the site, as described above, would represent considerable value to Rockwood Park in support of the "geopark" proposal, landscape variety, and a "no net loss of parkland" policy should Common Council decide to proceed with limited development of some parkland. As stated in the "no net loss of parkland" policy discussion lands considered for expansion of Rockwood should be targeted as strategic acquisitions to consolidate parkland boundaries or remove private inholdings. The evaluation of those lands should include the uniqueness of the physical or cultural heritage features that would add regionally significant recreation opportunities or natural and wilderness preservation features to Rockwood Park. Site C - (High Priority, 2 -5 years) Site C is outside of the Sandy Point Road Planning Study Area and consequently outside the scope of this project. However, the public raised to ADI's attention on several occasions that the Saint John Animal Rescue League owns this 16 hectare (40 acres) parcel of land privately Figure 5 - Site C — Lands owned by the Animal Rescue League owned by the. Animal Rescue League (ARL) is a non - profit organization that operates an animal shelter that provides rescue, temporary housing, care and assistance to stray and unwanted animals in Saint John. The ARL property is low lying and flat in comparison to the surrounding lands. The ARL's long term goal is to develop a new shelter facility at this location. Immediately south and abutting the ARL property, is an existing City owned gravel parking lot located on a sloping site that fronts onto the Sandy Point Road. This parking area provides access to the former ski -hill and the park trail system. The public has stated throughout the consultation process a strong desire to improve public access and parking at this location. The City of Saint John should examine methods and opportunities to work in private public partnership with the ARL to develop enhanced public parking, amenities and trail access from ARL's private lands. The partnership should also result in an additional benefit to Rockwood Park through acquisition of private inholdings as identified Sites E. Site(s) D - (High Priority, 2 -5 years) The area of land between the two sites (D) combined with the potential expansion of Rockwood Park onto Site B represents an opportunity to create a signature parkway'. The sites 4 A roadway in a park : a landscaped thoroughfare connecting parks Figure 6 - Example Gateway into Mount Rainer National Park Statement of Professional Opinion Sandy Point Road Planning Study 182 241 Page represent the locations of entrances that reinforce the brand and character of Rockwood Park and provide a way finding function for regional visitors to Rockwood Park. Additional opportunities exist at these gateways to address the proposed "geopark" through the use of stone originating from and characteristic of the Saint John region. Site(s) E - (Low Priority, 15 -20 years) Throughout AREA A (see Map 3.0) there are several privately owned inholdingss that do not reinforce either the character or the boundaries of Rockwood Park nor do they provide public access opportunities to the park. Inholdings generally have the potential to threaten the ecological /geographical integrity of parks and as such the standard approach is to target these lands for strategic acquisition. It is recommended that the majority of the private properties within the park will over time be acquired for public use, the buildings removed and the properties restored to a natural landscape as much as possible. Methods of acquisition range from commercial acquisition as the City's financial resources permit, land trades and conservation easements. Site F - (Low Priority, 5 -10 years) Site F is unserviced, zoned RS -2 (One and Figure 7 - Sites F and G Two Family Suburban Residential) and is previously disturbed cleared land located on the eastern corner of Samuel Davis Drive and the Sandy Point Road. The site is approximately 0.8 —1.2 hectares (2 -3 acres) in area and should extend back from the Sandy Point Road on average a distance no greater than 75 meters. The site is less than 75 meters southeast of the Cedarcrest garden centre. Immediately west of and behind the garden centre a mixed density residential community "Rockwood Hills" is currently under development. In closest proximity to the site is a single family dwelling on the opposite southern corner of Samuel Davis Drive and Sandy Point Road and to the west across the Sandy Point Road another single family dwelling adjacent Cedarcrest. The site contains a commercial billboard sign and does not provide scenic vistas of Rockwood Park nor does it contain park infrastructure or amenity. The site is well located less than 500 meters to both the Saint John Regional Hospital and the University of New Brunswick (Saint John) Campus. Consideration should be given for a mixed use high density residential ground floor commercial building. s An inholding is privately owned land inside the boundary of a park, protected area or similar publicly owned land. Inholdings result from private ownership of lands prior to the designation of the protected park or area, which then end up grandfathered and within the legally designated boundary. Statement of Professional Opinion Sandy Point Road Planning Study 183 251 Page The corner location of the property is ideally suited in the overall neighbourhood context to create a neighbourhood commercial high density residential node. The overall building design and orientation should relate well to the corner lot configuration. The design emphasis shall be placed upon the building's corner such the overall impression is of a gateway to Rockwood Park and trail system. The visual prominence of the corner building should also be reinforced through increased massing at the street corner up to a height not exceeding five storeys. The articulation of narrow shop fronts with protection from the elements, large areas of glass and frequent shop entrances at grade level will form the basis of pedestrian oriented neighbourhood commercial environment. The predominant Figure 8 - Example of good corner exterior building material for the commercial base is high quality building design. exterior masonry materials. Timing of development should occur as services are extended into the area relative to ongoing private investments. Site G - (Low Priority, 5 -10 years) Site G represents lands that were previously disturbed having been formerly a residential lot of 1 -1.2 hectares (2.5 to 3.0 acres). The site is approximately 150 meters south of the golf driving range, 150 meters northeast of the Cedarcrest garden centre and more than 300 meters from the nearest residential property. Statement of Professional Opinion Sandy Point Road Planning Study 184 26 1 D Figure 9 - Medium density housing in Halifax protects public waterfront access. �l7�(•�� r x The site is valley area relative to its surroundings and does not provide scenic vistas of Rockwood Park nor does it contain park infrastructure or amenity. The site is well located less than 500 meters to both the Saint John Regional Hospital and the University of New Brunswick (Saint John) Campus. The natural assets of the site such as frontage on the Crescent Lake combined with walking distance proximity to two of Saint John's major employment and institutional destinations suggest that consideration should be given for a higher density form of residential development site. The physical orientation of the development suggest a linear form of development 3 storeys in height that relates to the Sandy Point Road while extending back no greater than 150 meters to provide views of Crescent Lake and to integrate CPTED principles with both the proposed main Rockwood Park multi -use trail and the short loop park trail along Crescent Lake. Consideration of development opportunities for this site at the detailed site planning stage should consider protecting potential expansion opportunities for the Rockwood Park Golf course as per the original course design. Timing of development should occur as services are extended into the area relative to ongoing private investments. Statement of Professional Opinion Sandy Point Road Planning Study 185 271 Page Area B - Access Theme Rockwood Park Neighbourhood Development Area The area along the Sandy Point Road from the golf range at Crescent Lake to Cherry Brook is cultural landscape largely impacted by human settlement (see Map 5.0). The Sandy Point Road, the sporadic residential development, golf course, and the zoo represent a contiguous area of development. This area also has some of the best scenic value (See Map 4.0) along the Sandy Point Road, although there is no dedicated park amenity or infrastructure that allows as the public access to these views. During the consultation the public expressed a desire for places where the public feels welcome and encouraged to congregate along the Sandy Point Road. The conceptual plan for AREA B (see Map 6.0) examines the need for public space designed with pedestrians in mind by creating "neighbourhood" that integrates public space and park amenity into quality community form. Each of the proposed opportunity sites is within walking distance of the primary destinations areas, and provides some gradient in density that is discernible from center (nearest the hospital /UNB) to outer edge. It is important for a neighborhood to have boundaries as well as a defined center, and this characteristic is often achieved through identifiable edges, either man -made or natural, in this concept the boundary is created though a multi- use trail that links the existing main trail to the proposed visitors areas at Site C (Animal Rescue League). The concept plan strives toward a more sustainable urban form that has a robust network of clustered communities connected to the Sandy Point Road and pedestrian trails so that pedestrians, bicyclists, and drivers can move more efficiently and more safely. Multiple public intersections versus private driveways and short blocks also give pedestrians a more interesting environment to walk through. The concept plans for Area B exploit the need for more access by examining the Leadership in Environmental and Energy Design (LEED) Neighborhood Development rating system. LEED ND recommends locating intersecting streets at intervals of 150 meters to 180 meters, and no greater than 240 meters apart along any single stretch of public road. This spacing relates well to the need for maintaining public views into the park. (see Map 4.0) The proposed development potential in Area B is 25 - 35 acres; under a "no net loss of parkland" Site B could provide compensation for the majority of the developed land. On the topic of Smart Growth the American Planning Association notes that, "Parks enhance mixed development and redevelopment strategies, offsetting higher density concerns with accessibility to green space." Larry Beasley, co- director of Vancouver Planning, comments, "It's about the open space and the public realm being used to contribute to neighborhood form and identity. It's not about having useless private plazas, but instead shaping buildings to emphasize the respite of open public park spaces and squares that are an integral part of every neighbourhood building cluster." Statement of Professional Opinion Sandy Point Road Planning Study 186 281 Page Site H - (Medium Priority, 5 -10 years) Site H represents a potential development opportunity of 1 -1.2 hectares (2.5 to 3.0 acres). The site is located at the north side of driveway entrance to the golf driving range, approximately 200 meters northeast of the Cedarcrest garden centre and less than 100 meters from the nearest residential property located on the corner of Sandy Point Road and the entrance to UNB. The site is similar to Site G in most aspects and the approach to development is similar. The site is also located less than 500 meters to both the Regional Hospital and UNB. The natural assets Figure 10 - Site H - Crescent Lake Golf Range of the site such as lake frontage combined with walking distance proximity to two of Saint John's major employment and institutional destinations suggest that consideration should be given for a higher density form of residential development site. The physical orientation of the development suggests a linear form of development 3 storeys in height laid out perpendicular to the Sandy Point Road extending down to the golf range. The development includes enhanced public parking for the range and a two - tiered golf platform as recommended in the 1988 Rockwood Park Master Plan. The development ensures public access to waterfront along Crescent Lake and integrates CPTED principles along the proposed Rockwood Park multi -use trail. Development opportunities for this site should consider potential expansion of the Rockwood Park Golf Course as per the original course design. Special consideration should be given for the provision of a pedestrian /golf cart bridge over the narrow channel of Crescent Lake. Timing of development should occur as services are extended into the area relative to ongoing private investments. Site I- (Medium Priority, 5 -10 years) Site I is entirely contingent upon the planned and potential reconfiguration of the golf course and relocation of the 181h hole. The planned expansion would also potential relocate the clubhouse to a more central location on the site of the existing maintenance building and the maintenance building to the center of the golf course. No specific course changes have been approved or authorized. Nevertheless, in various golf course reconfiguration scenarios including no change potential residential development could be considered at the existing Rockwood Park clubhouse and land along the golf courses warm -up tees and the 18th hole. The total area of land is approximately 1 -1.2 hectares (2.5 to 3.0 acres). The depth of the site, from Sandy Point Road to the back of the site is constrained to 75 meters on average allowing for steep grades and existing golf course. Statement of Professional Opinion Sandy Point Road Planning Study 187 291 Page The site has some of the best scenic vistas across the golf course to Rockwood Park with longer range views extending out to Saint John harbour. Unfortunately, there are no trails or sidewalks and there is no dedicated public area from which the public can enjoy this view. The site is well located less than 800 meters to both the Saint John Regional Hospital and the University of New Brunswick (Saint John) Campus. Distance to the hospital and the university destinations suggest that consideration should be given for a medium density form of residential development site. The physical orientation of the development restricts the depth of the development and Figure 11 - Site I Rockwood Park Golf Clubhouse suggests a short (2 to 3 storey) linear form of townhome development that integrates several public viewing platforms between buildings to preserve the view. These platforms and connections to the proposed trail should be located on public land and have direct access to the Sandy Point Road. Timing of development should respond to the proposed future reconfiguration of the golf course and relocation of the 18th hole. Site J- (High Priority, 2 -5 years) Site J is currently home to the golf course maintenance building and abuts single family dwellings on the two sides. The building is a prefabricated corrugated galvanized steel structure built on a concrete slab and located on the eastern side and 75 meters down grade of the Sandy Point Road. The building's appearance was noted by the public as not enhancing the character of either Rockwood Park or the golf Figure 12 - Site 1 - Course Maintenance Building course. The most efficient location for this building is a location more central to the entire golf course. As discussed in Site I various scenarios for reconfiguration of the golf course have not been decided upon. Nevertheless, relocation of the maintenance building could occur independently of any other course reconfiguration. In this scenario Site I would be clustered medium density residential development 1.5 — 2.5 hectares (3.5 to 6 acres) in size and 75 meters in depth on average. The preferred building configuration is a clustered multi -unit Statement of Professional Opinion Sandy Point Road Planning Study 188 301 Page apartment /condo /townhome 2 -3 storeys with high quality urban designed around a central public court yard. The courtyard will provide a public look off with public connections between the proposed Rockwood trail directly to the Sandy Point Road. Site K- (Low Priority, 10 -15 years) Site K represents lands that, prior to the moratorium, were under active Figure 13 - Example residential development well designed with public access to park land. consideration by private interests for development of small residential sub - division. The site is generally well treed and has steep slopes down grade of the Sandy Point Road. The difficulty with developing suburban style residential, as was previously proposed, lots on land with steep grade is that this form of traditional development requires altering the landscape the consumption of a great deal of land. In contrast, Saint John has a long legacy of adapting housing styles to the difficult grades and steep terrain common in the area. In this scenario Site K would minimize the amount of vegetation and land to be altered by allowing 2 or more, as site conditions dictate, small parcels 1 -1.2 hectares (2.5 to 3.0 acres) for development. Each parcel provides for a clustered medium density residential developments extending between 50 and 75 meters down from the Sandy Point Road. The preferred building configuration is a clustered multi -unit apartment /condo /townhome 2 -3 storeys with Figure 14 - Site K fronts doors and balconies that provide safety and security around a central public court yard similar is scale and form to Site J. The courtyards will provide a public look off with public connections between the proposed Rockwood trail directly to the Sandy Point Road. Site L - (High Priority, 2 -5 years) Site L, also known as 1671 Sandy Point Road, represents the largest potential residential development site of approximately 2.5 - 4 hectares (6 to 10 acres) in size and 150 meters in depth on average. A key consideration in the evaluation of Site K (similar to all of the proposed sites) is the degree of land alteration that would be proposed under various development scenarios. The unusual circumstance in evaluating this site is that the property is largely impacted by previous and recent construction activity. Given the unattractive nature of the disturbed site the city agreed to sell a portion of the site to the Statement of Professional Opinion Sandy Point Road Planning Study 189 311 Page Figure 15 - Site L - Example of High Quality Urban Design abutting property owners at 1687 Sandy Point Road. This lot represents a more than reasonable amount of natural vegetation and land to buffer the single family dwelling from any proposed multi -unit residential development. In this scenario Site L would be clustered mixed density residential development. The preferred building configuration is two multi -unit apartment /condo /townhome buildings aligned perpendicular to the Sandy Point Road. The scale of the buildings begin at the road with a 4 -5 storey tower apartment style building that gradually steps down to 2 -3 storey high nearest the Harrigan Lake look -off. The buildings are oriented toward a new public street that extends from the Sandy Point Road to the rear of the property terminating in a cul -de -sac. The new public street includes sidewalks and street trees and a landscaped strip of land between traffic lanes to accommodate additional street trees. Architectural designs of buildings will create a distinctive and attractive community with a strong sense of place that reinforces the character of Rockwood Park. Landscaping features will be designed to enhance the visual amenity of the buildings, public spaces or to mitigate visual impacts. Site M - (Low Priority, 15 -20 years) Site M is somewhat unique in Area B in that it hosts the only major public trail head in the northern portion of Rockwood Park and notwithstanding the parking lot the site is relatively undisturbed. The area abuts a single family dwelling at 1711 Sandy Point Road. The potential development in this area is restricted to 2 -3 hectares (5 -7.4 acres). The ideal development scenario includes a medium density residential townhouse project that provides for enhanced safety and security of the existing or redesigned trail head. However, the ideal configuration of proposed development could result in a greater disturbance of the site. The configuration and orientation of any development proposal requires detailed site planning with the onus placed upon the development community to demonstrate how construction activities can be confined to the least critical areas of the site. Development proposals should consider clustered development to minimize land disturbance and minimizes change to the existing landscape by matching any new streets, services and lot grading to the existing topography as closely as possible. Special attention should be paid to the retention of mature trees and appropriate buffering of the proposed development from the abutting single family dwelling. Statement of Professional Opinion Sandy Point Road Planning Study 190 191 1 V MORN 40 lx II&I, UNBSJ 0 do JR+ qiongij Hospit-al cgs. 0- ar s. jr OckwoW ft�CUUFSO " : AgAL- -1-A r s I Brook Zoo l'. a wts Cl r ........... ......... ....... A re a P". IL. I %, I 0 cl i h e r s IN" e S NO' J* I ADI Limited 71 r0l i A—GlbhAC—�, Ile Map 2.0 - Division of Study Area I - G 4 f 1 �i b Map 3.0 — Area A Conceptual Plan FOpportunity Site New Multi- purpose Trail Corridor • • Major Public Roads :J { f: - --.�` '.`i I;,r 6 'r 1 Existing Private Residential Lots vVU ADI Limited AT..GI.b.ICompany J 193 1 1 1 D� jag " t. ee — TT A. - 1 t` 1 1 1 1 1 1 1 1 1 1 1 q �% 1 r - � �• L r' r� � ° r ` 4 i .# I 3 Il fi Map 4.0 - Area B Park Amenities l� ! New Public Access New Multi - purpose Trail Corridor • - Major Public Roads ♦A♦ Existing Rockwood Trail ■ ``�� Ch Park Node — View Platform /Shelter /Parking '+ • Existing Parking Lot / Trail Head IIJJJ ♦ Scenic View — -♦ - + � ♦♦ �' v ADI Limited ATmwG abalfompany r4 _. e -♦ _ JAM .j ry �� `� �� { _ �� ■ fir. • F_ r. f t r 0 a x ♦ �' [' Y y. yes W i : , WOO f I ♦�' �� 'i • ♦ fir � �' c r1 - rr J ` le} s 194 Map 5.0 — Area B Site Analysis Disturbed Areas Previously Disturbed Lands (Private Homes, Golf Course, Zoo, •• Cleared Land) > ti q a7�5� F1 ,. i i J Va � Existing Private Residential Lots f— Jii ti. A � — —Tf� - r .— �I d I I • yy}} _ ADI Limited ? 1 I a AT—GI.hMComps:, L- . „ 'N .. x '•:r �. .vim �P �F.,, �� ,, ''�,�f' .� � r• � + -�~ - ��`'rr � f # -��,,� 'API i .nu �,�r`+rw -"y �,-• . I rF i z _ _, kli�i,,d• Sy , fje 7 � ° ` I � .s Y`t k#, r-�. ..y �`! Or 't w tip•` . ` J,�.�' <. gyp• qs' °-. a FY'� i" A11 4...� - + ��- '� •l III' r .. J 'sk • M m 1 " r. s �x t t � S _ r r` - Rockwo d CakFf Course-,- e - "'r ��........ -.ems 1 . � . • - .v i� � - - F _ 1 7 - ..•mil - -Y... - .. r q. a >. I J � r l Y 195 Map 6.0 — Area B Conceptual Plan K Potential Residential Site MA New Multi- purpose Trail Corridor • Major Public Roads x` ti G ♦ . ov Existing Rockwood Trail , I I I 4 /__T Existing Private Residential Lots �� M A A36LYU ADI Limited ! / ATmw Glahalfompar tr, •if • w • , r w w _ Width 150 meters -Avem 40 0 ' .sib ' � � ;` R4�" 'c �.� -�.0- 5 _ •P n. � �- L x Y Aft" 1 fr F _ r / / I • sort " •• }�, ��,�A• {�. � - ° j/� • i "ftv •`,(�� F / - � Rockwo V -I \ ♦ i•�.7 +. \j r , r t Y - r - Z r,• 4t, 1 � '� }? __�__. - �'"`}55�;- ',#' + � Sill. } Relocate Maintenance BI 5 Relocate Hole (Tee, Fairwa\ 1�, ' _ f•. '. _�: � E y: � art.'' . 1 J � '�'/' n. w✓'+ •.. }a'� .1: -rya y f }�� p 'I r _ " - I 196 t� r F H 321 Page APPENDIX A: - Public Responses to Questionnaire Attached are unedited transcripts from questionnaires provided in both hardcopy form and electronic form. In some submissions the respondents have prepared their responses directly to the questions, others have prepared general notes, all responses are included. Non substantive grammatical errors, spelling mistakes and typographic errors have been corrected in order to provide clarity in the submissions. No substantive edits to the intent, tone or content have been made. To protect the privacy of respondents their identity is not provided. Public Questionnaire /Survey: The focus of the Sandy Point Road Planning Study is on improving the quality of our urban environment and enhancing the role of Rockwood Park along the Sandy Point Road. On the attached map please identify any special landscape features, look offs, historic, or cultural elements that represent good park opportunities. What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Identify on the map any special landscape, look offs, historic, or cultural elements. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Are there entrances to the Park? Are the entrances safe and inviting gateways into the park? Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Does existing development reinforce the character or values of Rockwood Park? Give examples of architectural design features reflect the character of Rockwood Park? Statement of Professional Opinion Sandy Point Road Planning Study 197 331 Page Respondent # 1 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? I truly believe the area is beautiful and will benefit from well- thought out, planned and executed development strategy. I've attached a couple links and photos of ideas that would benefit outlying park communities (the technical term slips my mind) and really would fit in with the surroundings, whether single family or multiple residence. Statement of Professional Opinion Sandy Point Road Planning Study 198 341 Page In response to the questions: Identify on the map any special landscape, look offs, historic, or cultural elements. The wetland, where the driving range is, a special habitat to birds and animals some of which may contribute to conserving flora and fauna within the park boundaries. For instance there is a small group of endangered lady's slippers in the park and if a wetland on the boundary is destroyed many of the insects that pollinate and help the species may also disappear, threatening their existence. The access road from Cherry Brook Zoo area is pristine and it would be a shame to see the lake with houses skirting it. The area needs to be sustainable and managed by someone with expertise on woodlot management. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Parking and better access to park trails, improving the trails to make public participation more attractive. The park would be a wonderful commuting pathway for residents from Millidgeville and surrounding area down to Sand Cove Road to use as a bike /walking path to get access to Lily Lake and Uptown. If housing were approved it would benefit municipal funding for utilities and services BUT the housing needs to be regulated and built to fit in with the natural surroundings, there is a current shortage of food for the burgeoning deer population in Saint John, we don't need to be further depleting it by cutting down all the trees. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. The park boundary is somewhat well- defined, basically considered to be the Sandy Point Road boundary. I consider all the hash marks to be park boundary save the current residential properties. A lot of this boundary is not currently used to its full potential. Statement of Professional Opinion Sandy Point Road Planning Study 199 351 Page Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Are there entrances to the Park? Are the entrances safe and inviting gateways into the park? No there aren't many facilities, one sign facing the wrong direction at the Cherry Brook Zoo entrance. It's mostly wild forest, and that's a part of its charm. There are old trails that seem to be self- sustained by intermittent use but some of them are maintained (and created with damage to the environment) by mountain bikers. There needs to be more enforcement of dumping litter. There are quite a few people that use the Dark Lake road entrance and leave their rubbish behind all around the lake. The trail that exist are off the parking area near Cherry Brook Zoo, one on the Dark Lake Road entrance and access from the ski hill /pipeline, It would be nice to see improved access on the intersections at McLaren's Blvd and Sandy Point Road, a park entrance with a nice community and paths leading into the beautiful streams and rock formations just inside near Mayflower Lake. The public entrances to the park are: Lily Lake /Fisher Lakes - these are nice, safe and highly used. Cherry Brook Zoo - parking is not visible from road but the area has a high traffic volume. The sign in this parking area faces the wrong direction and the map is old and somewhat out of date. It would be nice to see an improved lot since there is a lot of inefficiently used land. My only concern when parking there is potential theft since the cars aren't visible from the main road. Dark Lake Road. - poorly serviced road in winter causing bad potholes, it's a residential area so the road does get ploughed. It's used by the public but not very many people use it. Since the traffic volume is low this is an access point for illegal dumping and illegal operation of motorized vehicles like SKI -DOOs and ATVs. (We actually almost got hit by a ski -doer a couple winters ago while snowshoeing at night) Pipeline /Old Ski Hill - Steep access to the park. The parking area is very small, but due to the steep hill to gain access to the rest of the park it's not used by many people. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? There aren't many existing developments aside from near Lily Lake. The developments that go up near the area are trashy low- quality, they clear cut and blast and make a mess of the natural environment. (University Ave, apartments for example.) If there were to be development, especially condos or town houses, they should be tastefully & architecturally designed. They need to be built into the landscape with minimal impact on the geology and surrounding trees. The developers need to present sustainable plans and the money acquired from these developments should be put into sustainable woodlot managed paths. It's unreasonable to not allow ANY development but the development must be ecologically friendly, visually pleasing (or even better not visible, hidden among the trees) and with minimal impact. Statement of Professional Opinion Sandy Point Road Planning Study 200 361 Page Does existing development reinforce the character or values of Rockwood Park? Give examples of architectural design features reflect the character of Rockwood Park? Ha -ha!! 1 have to say the new improvements to Lily Lake and surrounding area were very nice, but the development that the city currently allows is destructive and unsightly. Places like Cedar Point, so much ancient natural river habitat was destroyed to put up MASSIVE single family dwellings and the apartments on University Ave destroyed the drainage capacity of the geology and this will have long term consequences that nobody considers. There has been little to absolutely NO consideration in this city to incorporate natural characteristics into design. It would be welcome to see some interesting and sustainable housing developments established. NO VINYL SIDINGHHH Respondent # 2 1 attended one of the public input studies regarding development of City owned Rockwood Park lands bordering on Sandy Point road and want to make an input. For your info, I and two of my baby boomer generation friends who have large houses (and tax bills) in the Mt Pleasant area are very interested in continuing to live in the area, in smaller lower maintenance situations but find little suitable property available. An orderly well designed low rise development anywhere along Sandy Point road with good access to the park would provide us with an alternative to moving away, provide a significant tax base increment to the city, and not interfere with the enjoyment of the park by the citizens. Responses to your questions from study above What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Responsible development of any city owned property should be encouraged to improve the tax base and enhance utilization of the Park. I am definitely in favor of additional residential development along the portion of Sandy Point Road from Golf Course entrance up to the Zoo entrance to the Park, including the portion of the golf course where the Quonset Hut is located and any other portion of Sandy Point Road which is water and sewage serviced. Development should be restricted by appropriate zoning which would to me include garden home style development, but not apartment buildings. Development should include public access corridors to the park for multi season use, for example, if the lands adjacent to the Golf Course are developed there should be a public access into the park between developed lots at the Quonset Hut area. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Generally the boundaries are well defined; however, there should be no development or encroachment on the Sandy point road from the pipeline right of way north and east to the road into Mayflower Lake or on the south side of that access road. Statement of Professional Opinion Sandy Point Road Planning Study 201 371 Page Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Because there are limited funds park improvements and maintenance of anything more than basic access should be limited to the main entrance, and Lily Lake /Campground /Barn /Fisher Lake area. Spreading limited funds around gets substandard result everywhere. The park is so large a focus is required, and it is logically at the Lily Lake end. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Are there entrances to the Park? Are the entrances safe and inviting gateways into the park? Public entrances to the park........ Many trail entrances are not listed, however, these are currently entrances which allow me to park a vehicle and go into the park. Lily Lake- Mayflower Lake- Fisher Lakes- Peacocks Garden centre gate- Golf Course seasonally in two places (clubhouse and Quonset hut); Zoo parking lot to trans Canada trail; along Sandy Point Road going south east just before the entrance to Carpenter centre parking; and the gate just at end of Ashburn road extension. It is important that all of these are maintained in any development plan, and enhanced by parking and signage. The rest of the questions I will leave to other authorities. Respondent # 3 1 agree with Respondent #2, that some appropriate housing between the golf course and Dick Powell's house (1687 Sandy Point Road) will not harm the park or the environmental aspects of the area that people enjoy. It could serve to enhance / protect the park if there were more people keeping an eye on it, and maybe have another wilderness trail entrance near Harrigan Lake that people could use to enter the park. The area around the old Peacock's Garden center should be enhanced and preserved as park. That's my opinion. Respondent # 4 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? 1. Define the borders of City owned land vs. Private land in the study area and call that city owned land "Rockwood Park" and maintain zoning as "Park" 2. Improve the entrance to the Ski Hill 3. Maintain the moratorium on development in the study area, unless current zoning allows it. Variances are not acceptable. 4. Howe's lake cave area is a Point of Interest for the UNESCO Geopark proposal by the Stonehammer group. It has geological and paleological significance and is under scientific study. Statement of Professional Opinion Sandy Point Road Planning Study 202 381 Page Describe where the boundary along Rockwood Park is well defined. Rockwood Park is bounded by roadways and a highway and is bordered by private land that is adjacent to the park. The private land is mostly cleared and that which is not, is part of the Rockwood Park forest area. This map produced by the city illustrates what I mean quite well - http: / /www.saintjohn.ca/ documents /Is /Rockwood_Park_Trails.pdf Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Public citizens don't get see the boundary unless they are invited to one of those homes. The forest and terrain serves well as a buffer. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Rockwood Park is in a natural state along Sandy Point Rd. except where it's been cleared for development purposes (recreation, housing, gas pipeline, power transmission lines etc). The remaining terrain has been intact for several hundred million years. It's not "landscaped ". Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Are there entrances to the Park? Are the entrances safe and inviting gateways into the park? In the study area the trailheads are (north to south): 1. NB Trail exits by entrances close to cherry brook zoo 2. Mayflower Lake Trailhead on Dark Lake Rd. 3. Trail to Howe's Lake cave area (in ditch just north of old Peacocks driveway) 4. Old Ski Hill trailhead at gated entrance just south of old Peacocks driveway in power line and pipeline corridor. The trails in the wooded part of the study area are too numerous to list and there are no benches or facilities that I know of other that the Golf Course and driving range. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. NB Trail entrance exits close to cherry brook zoo, safe inviting and ample parking. Well known and well used. Gated and Map signage. Mayflower Lake Trailhead on Dark Lake Rd is safe and inviting and close and has parking space for a few vehicles. No gateway. Old Ski Hill trailhead at gated entrance just south of old Peacocks driveway in power line and pipeline corridor. Safe, gated and well used. The sign is in disrepair and the parking space could be cleaned up and renovated. Statement of Professional Opinion Sandy Point Road Planning Study 203 391 Page Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? The existing housing developments could have been planned a bit better. I don't know of any other proposed developments other than Mr. Cavanaugh's which came about when the city approached him with a land deal which triggered the moratorium and this study. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect the character of Rockwood Park? Mr. McKee's place at 1711 Sandy Point fits in although I've never really seen it. Get what I mean? The Golf Course provides a nice vista and driving range is nice and secluded on a lake but the public is not freely admitted to either until off season (skiing, snowshoeing etc) as in the rest of Rockwood Park. Respondent # 5 Having just learned of this plan today (Mar 10), and as a long -time user of the Park, I offer a few considerations. The work plan on your web site is not really clear regarding what is being planned. The immediate concern is that this is a thinly veiled attempt to disguise a substantial planned development (which really means destruction of habitat and recreational area) as a mere planning exercise. I suggest that the project can be extremely simple -do not allow any further residential development whatsoever in the designated zone. The fact that the city is embarking on a substantial "consultation" exercise for something that logically should be quite simple, suggests that something much bigger is actually in the works, which is a major worry. The city appears to suggest in its work plan that people are having a hard time getting into the park and that the solution is "well- planned growth ". This does not make sense. There are major problems with your work plan. The "project principle" is gobbledygook. What is required is a simple statement of the overall goal for the region, and principal objectives to guide land use in and around the park to achieve the goal. Unfortunately, I suspect that the term "vibrant urban form ", incomprehensible to anyone valuing plain language, involves buildings, paving, and concrete. Sadly this is completely at odds with the "natural values of Rockwood Park ". As such, the core principle you have tried to state is fundamentally flawed. The key objective for Rockwood Park should be preservation. It is important to be clear on this. The 1988 Master Plan you cite in your work plan includes "Protection and Perseveration ". The fact that this vital word has been mangled does not send a reassuring message to the many citizens like me who value Rockwood Park and who wish to see it protected in perpetuity. Another important point: in your consultations, if you genuinely want to reach important park stakeholders, you need to look well beyond city boundaries. Many people travel to recreational events in the park from all over NB. Outdoor clubs and associations of all kinds from across the province need to be included, and actually consulted. Much more could be said but I believe what should guide you are the basics. Preserve Rockwood Park. It's very simple. Statement of Professional Opinion Sandy Point Road Planning Study 204 401 Page Respondent # 6 Interesting experience —good intentions. ADI insisting on commercial housing development angered all at my table. What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? • Traffic lights at intersection by zoo • Access into park — ski hill from Sandy Pt. Road • Animal shelter (20 acres) — remain park land — (1/4 mil away) • (Nov 2009) — reopen road to ski hill and parking Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? • Boundary well defined at Sandy Pt. Road. • Park side (south ?) should have no housing, only access and activity areas useable by parents with young children, others with teen interest. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Provide details. • Only two trails — too far apart for older people • Need more entrances and then activities that are suitable to a wild / park place. • Benches and toilet facilities are essential at regular intervals. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe • Lily Lake — 2 sides — far more entrances (and parking) needed. • Others along Sandy Pt. Road have been shut off (ski hill, water tower, etc.) Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? • Have the horses (other animals could be added) somewhere that the public can see and use. Most popular in all seasons with young children (1 -12 years). Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? • New Lily Lake Pavilion and buildings farther up the road into the park are wonderful learning places for public school children and for adults. • Have summer camps (day) for kids on huge scale that moves daily around the park. Statement of Professional Opinion Sandy Point Road Planning Study 205 411 Page Respondent # 7 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Leave it alone! We have one of the biggest urban parks. Let's keep it that way. Encroaching on this land even 100 meters is a really bad move. If we keep chipping away at the park, there will be nothing left for future generations. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? By the roads that surround it: Sandy Point Rd., Foster Thurston, and the 4 -lane highway. This is one of the great features. You can't get lost, as you'll always come out to a road. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Provide details. Great! No, there are not benches, facilities, or other park amenities along this area. There are trails and woods, that's all we need! If someone wants to use park amenities, they can use the area around Lily Lake, horse barns, playground, and beaches. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Lily Lake and the one just up from the Lily Lake entrance for cars. There are too many other entrances to list that can be accessed by foot, bike, snowshoe, cross country ski, and so on. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? The recent development around Lily Lake is great! But that's all there needs to be for now. If we install too many paved /gravel walking trails, then you lose the whole "being out in nature" idea. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? The Lily Lake Pavilion, the interpretation center, the trailer park, horse barns, playground, canteen are all we need for now. Please leave our park alone! Respondent # 8 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? The best opportunity along Sandy Point Rd. would be to LEAVE IT ALONE. Instead of taking advantage and destroying its natural beauty for Profit! Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The roads that are around Rockwood Park are Sandy Point Rd., Foster Thurston, and 4 -lane highway. Statement of Professional Opinion Sandy Point Road Planning Study 206 421 Page Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Provide details. The quality along Sandy Point Road is the natural woods, which provides a private setting for its park and is home to the wildlife. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Lily Lake, trails by foot, biking, too many to list. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? No. It's slowly going to move into this park until there is no park to speak of. Sure, the recent developments have improved the park. But if we are talking about Condos, Apartments, developing the land, then you're destroying the Park. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? The Lily Lake Pavilion, the interpretation center, horse barn, and playground. This is enough for the park. PLEASE LEAVE THIS PARK ALONE. To the pamphlet it looks like the decision has been made, so this is probably a waste of time and will never be read. Respondent # 9 We are already having problems with water coming onto our land now because of trees being cut down behind us, so if the land is developed and more trees are removed, there will be even more of a problem than we are having now. Respondent # 10 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Develop PARK infrastructures — i.e. trailhead parking, bathrooms, picnic areas, trails, etc. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Park boundary best defined along an existing road, not by privately owned land. Park boundary interfaces poorly with private homes. Private homes inhibit public access to park lands. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park/ Sandy Point Road? Provide details. None existing. Should be PARK infrastructure. Statement of Professional Opinion Sandy Point Road Planning Study 207 431 Page Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe The only trailhead to the northern part of the park is beside Cherry Brook Zoo. If this is developed privately, there will be no access to the northern end of the park. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Development within the park. Parking, pavilion, trails, etc. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? Lily Lake Pavilion, Rockwood Park info centre. Respondent # 11 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? The boundary of Rockwood Park has always been Sandy Point Road. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? We are already driving wildlife into urban streets. We need every inch of this to let the wildlife thrive. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park/ Sandy Point Road? Provide details. Several times green space was mentioned as essential to community living. Everyone along Sandy Point will lose their green space. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe We enjoy Natural Safety in the park because there is not MASS population living around the park. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Where my land is, because of a small development going on behind my place I'm already getting water running down beside my house that's never been there before. Respondent # 12 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Incorporate all City Land into Rockwood Park. Increase Public access and maintain existing trails and upkeep. Statement of Professional Opinion Sandy Point Road Planning Study 208 441 Page Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Boundary to Rockwood Park not defined. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Provide details. It has been ignored and not properly developed as a Park. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Lily Lake, Fisher Lakes and out by the Zoo. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Golf Course and Driving Range. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? See above. Respondent # 13 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Make a few more entrances and parking lots. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? All along the Sandy Point Road from Zoo to Lily Lake. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the nark? Describe Lily Lake, Fisher Lake, near Zoo. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Lily Lake Pavilion, new horse stables, paved and /or graveled walk paths. Statement of Professional Opinion Sandy Point Road Planning Study 209 451 Page Respondent # 14 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Put all city land along Sandy Point Road into the park. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Not well defined. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Improve public access points. Respondent # 15 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? 1. Retain all city lands along Sandy Point Road. 2. Create more access in this area with proper parking. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Along the thru way. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Pork/ Sandy Point Road? Provide details. It has been ignored. The existing trails have washed out, signage has deteriorated. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe 1. Lily Lake 2. Fisher Lake 3. Cherry Brook Zoo area Yes. But we should have more. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Yes —golf course if properly managed, driving range, zoo. Statement of Professional Opinion Sandy Point Road Planning Study 210 461 Page Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? There has been no private development which has added anything except for the above. Respondent # 16 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? • Have another access trail head (Dark Lake Road) • Include a bike lane along Sandy Point Road to provide peripheral access. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The boundaries are perfect now: 1. Foster Thurston 2. Sandy Point Road 3. highway Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park/ Sandy Point Road? Provide details. There are currently no park amenities on Sandy Point Road, which is a shame. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe As a female that frequents the park, I am concerned about my safety and very rarely go alone. If there were better access points it would be more reassuring. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? No industrial /commercial /residential development is acceptable! The Lily Lake area is wonderfully developed for the masses, but keep the interior of the park for the outdoor enthusiasts! Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? Improve the Cherry Brook Zoo trail head. A proper parking lot plus lighting will encourage more use as well as reduce the "inappropriate" activity that occurs there after dark. Respondent # 17 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? • Trail heads near the Regional • A circum -park trail • Trail access from Foster Thurston Statement of Professional Opinion Sandy Point Road Planning Study 211 471 Page Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Provide details. Mountain biking along the proposed land (especially between the golf course and Lily Lake) is considered the best in the country (for urban). I have personally seen this recruit several high caliber professionals to the city, which are assets. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Build outside the park. There is plenty of land bordering. Then use the bordering park land to make the park accessible. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? This is an essential asset as free public recreation /fitness, especially for poor citizens. Protect it. Respondent # 18 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint lohners? Identify what is unique about this spot — geological /natural /environmental. Improve trail heads, more viewing areas and interpretive signage — linked into interpretive centre. Line — Sandy Point — Old Sandy Point Road — provide land already — allow one facility /wooded development Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Majority of Sandy Point Road and line behind houses (perhaps Old Sandy Point Road), working around trust land. 1 or 2 more trailheads, trailheads with discreet parking lots, discreet signage and discreet toilet services, including # 1671 Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Pork/ Sandy Point Road? Provide details. No blasting, rock landscapes, work with landscapes, no filling in of areas, rear toilets. Best opportunities — research /understand natural environment: geology, natural lunar heritage; create awareness. • Cherry Brook Zoo • One near old Peacock nursery Statement of Professional Opinion Sandy Point Road Planning Study 212 481 Page • Ignored trailheads • More viewing areas • Key interpretive signage linked to stronger interpretive centre. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe 1. Cherry Brook Zoo 2. Near Peacock/ ski hill Other possible entrances: 3. 1671 4. Possibly another one leading into lake Any development of trailheads and parking, etc. to enhance park would work with current landscapes. No blasting, etc. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? 1. Atsko Nose and Richard Powell's house; integrated woodland setting, simple facility 2. Golf course 3. Cherry Brook Zoo Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? Have development that enhances park — discreet hidden parking, lots etc. for trailheads, discreet toilets, and discreet signage. Respondent # 19 Not an open process — people not allowed to ask all their questions. What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Better trail leads and lookouts. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Existing roadways. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park/ Sandy Point Road? Provide details. From golf course out to zoo. Existing homeowners built into the trees to keep natural feel and protect trees and environment. Recent developments have bulldozed all trees and destroyed the landscape. Statement of Professional Opinion Sandy Point Road Planning Study 213 491 Page Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Lily Lake — good access and signage. Access at Cherry Brook Zoo not well marked and inadequate parking. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Atsko Nose house is integrated into the surroundings. Cherry Brook Zoo Golf course Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? No. No. Respondent # 20 Sandy Point Road (Session 1) 3 -5 PM • Need better sense of what the session is. • Need better speaking equipment. • No development on entire hatched area. Concerned about the need for traffic lights along Sandy Point Road (corner in front of Sandy Point Road) and Cherry Brook Zoo. • Stewardship connotes responsibility: o People who will live within the park limits will consider it their private property. • City should have first dibs on existing properties along Sandy Point Road. Cherry Brook Zoo and golf course should not be considered an entrance as they are specific to their uses. Sandy Point Road (Session 2) 7 -9 PM • Redevelop the Old Sandy Point Road. • No development /or Single Family housing development. Statement of Professional Opinion Sandy Point Road Planning Study 214 501 Page Respondent # 21 • 1 am a frequent, 4- season park user. • The purple grid area (study area) on maps should not have residential development approved. A small parking area adjacent Peacock's would be okay. • Also, don't make everything one size fits all. Don't repeat the province's mistake when they paved Fundy foot paths. Respondent # 22 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Create and distribute a map showing significant wilderness areas within the study area. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The BEST boundary of Rockwood is Sandy Point Road. The homes along the road should be the exception NOT the example. NO NEW DEVELOPMENT! Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Provide details. Beautiful wilderness! Trails, caves, amazing limestone features, too many to name. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Dark Lake Road, Cherry Brook Zoo — Both could use some help. Two additional small road -side parking lots would be useful. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? NO, there are none. Keep the wilderness as wilderness. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? NO! Wilderness and a green escape from the city is Rockwood's character. • No development east of Sandy Point Road — residential /industrial. • 1 or 2 trail -heads for access /safety of park users. • 1 or 2 small street -side parking lots — lighted. • Bike lane on Sandy Point Road. • Funding for improvement of existing wilderness trails: hiking, biking, walking, etc. Statement of Professional Opinion Sandy Point Road Planning Study 215 511 Page Respondent # 23 Quite, remote wilderness areas are what make Rockwood such a gem. Keep it that way. There are NO underutilized areas! What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Bike lanes and slower speed limit on Foster Thurston and North Sandy Point. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Sandy Point Road & Foster Thurston Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park /Sandy Point Road? Provide details. Beautiful rock faces Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Lily Lake, Fisher Lake, golf course, zoo. Yes. They are safe. Could use more bike lanes and upgraded signs (the old 80s signs are dated). Any additional entrances bring the remoteness closer and defeat the purpose of wilderness. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Animal Rescue League. That's it! Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? The new Lily Lake Pavilion is excellent— it is enough development. If the city is looking for revenue, consider implementing a city wage tax to recover $ lost from population working in the city but moving out to the valley. Rockwood Park is still fuzzy( ?) and that is a big reason people move away. The city should really investigate demand for more housing. There are already too many vacant houses in town. Respondent # 24 1 do not want any development of Rockwood Park. I do not want Rockwood Park to have paved trails. I do not want Rockwood Park to become like the Irving Nature Park. It is the city's responsibility to fix the main road without the sale of land from Rockwood Park. Statement of Professional Opinion Sandy Point Road Planning Study 216 521 Page Respondent # 25 The focus of the Sandy Point Road Planning Study is on improving the quality of our urban environment and enhancing the role of Rockwood Park along the Sandy Point Road. On the attached map please identify any special landscape features, look offs, historic, or cultural elements that represent good park opportunities. The City's website does not have a map attached. What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Actual parking at the trail entrances along Sandy Point road. Having the trails move visibly marked so more people know about them and were not afraid to use them. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The park boundary is only really defined by Sandy Point Road. Other than Sandy Point Road there are not many signs stating that you are no longer in the park. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. Along Sandy Point Road there are trail entrances, aquatic driving range, Rockwood golf course, and Rockwood's Cherry Brooke Zoo. I do not recall there being any benches, garbage cans, etc. on this end of the trails. It would be nice if there was more lighting and benches along these areas as there are great biking and hiking trails accessible from here. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. Main Public entrances to Rockwood Park are at the top of crown street (Lake Drive south) and off of Hawthorne Avenue There are also two entrances to Rockwood Park trails off of Sandy Point Road, One beside the old Peacocks flower shop and the other by Cherry Brook Zoo. There are also trail entrances on Hawthorne Ave. and from the top parking lot at the end of Mount Pleasant Ave. With the construction that has been done in 2009 and what is to come in the rest of the phases for the re- development of Rockwood Park, the Lake drive south entrance is the only entrance that I would consider safe and inviting. The Hawthorne entrance needs more lighting but since it is closed during the winter and around dark during the summer it does not really get used as much as the Lake drive entrance. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? The re- development that has been done so far has been good for Rockwood Park In 2008 the boardwalk was built so that the Lily Lake trail could be wheelchair /stroller accessible. In 2009 Phase 1 was started and completed which made the Lily Lake Pavilion wheelchair accessible, a new section of paved trail put Statement of Professional Opinion Sandy Point Road Planning Study 217 531 Page in and parking made better. Although now that the road is narrower and people are still parking on the side of the road it tricky to get through a times (I know the city has to deal with it now and about the parking lot being done in phase 11). This year Phase II is going to be completed and the much needed parking will be finished. I cannot wait until all the Phases are completed to see the transformation of the park and hope it is used by more locals. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect the character of Rockwood Park? I would not be pleased to see the development of more homes or buildings along Sandy Point Road. I live 2 minutes away from Rockwood Park, I am out there every day walking my dog, hiking with friends and work at the campground in the summer time. I drive Sandy Point Road everyday from Parks Street ext. to the University and like that we have so much wildlife and free park land right in the middle of our city. Since the boundaries of Rockwood Park have never been marked well why change it know and take part of the "park" for buildings. I believe it would be best to leave it as is or update what is, not create homes or buildings that will be separate from the park. Respondent # 26 Dear "Whoever's in Charge ", We think you were being quite silly when you took away our giant tobogganing hill. Why do it? If you want to make money with Lily's Cafe, get RID OF the WALKWAY and PATIO! Kids will want to have some hot chocolate after they go sledding. For people in wheelchairs or who have strollers, they could go through the Pavilion or go on the ramp next to the water. Oh, and about the border line, you should just put a fence and some signs instead of big, ugly condos. If people live near the park, they will just walk in, litter and even cut down trees! Sincerely, P.S. We are going to keep writing until something Good happens. Respondent # 27 I have spent many hours in Rockwood Park, mostly accessing it from Saint Point Road, since I am a Millidgeville resident. I have included comments below in response to your Rockwood Park questionnaire. Statement of Professional Opinion Sandy Point Road Planning Study 218 541 Page Best opportunities along Sandy Point Road to make park better. I have heard a number of public discussions that seem to want to 'develop' the park to allow better access for all. However, the 'wilderness' part of the park toward the north end is well used precisely for its backcountry trails. It is one of the great features that make Rockwood Park suitable for a wide range of the population. The Lily Lake - Fisher Lakes end of the park provides a very different developed feel and the trails there are nice, but not suitable for skiing, snowshoeing, mountain biking, hiking. Along Sandy Point Road is one of the best places to maintain access to the 'wilderness' end of the park. The city has marked several entrances as part of 'Rockwood Park' for decades and they are well used by citizens. Some suggestions include, Improve access next to Cherry Brook Zoo. Better defined parking lot, perhaps install a gate to close the upper part of lot at night, but still allow access for parking closer to road. This would allow evening use by skiers, snowshoe, hikers, especially during winter season. Improve access through Wilderness Trail entrance next to former Peacock property. It is marked by signage and allows great access for cycling, hiking, skiing and snowshoeing. Improve parking at entrance. Maintain the trailhead at the end of Dark Lake Road, this allows great access for cycling, hiking, skiing and snowshoeing. Boundary The Cherry Brook Zoo, the parking lot /trailhead next to it, the golf course and driving range, the trailhead at Dark Lake Road, the Wilderness Trail entrance, the forest along the road to Hazen White School, has all been promoted on city maps as part of Rockwood Park for the 25 years I have lived here. Landscape and Amenities There are few amenities along Sandy Point Road, but there are trailheads and signs, and one map. Trailhead access directly into the backcountry of the park is one of the best features of the park along Sandy Point Road. Better gates and signage to keep out ATVs and snowmobiles are needed. Also concerning landscape note that Howe's Cave and an interesting area of karst topography exists between Dark Lake Road and the former Peacock property. Access The parking lot /trailhead next to Cherry Brook Zoo — has always seemed reasonably safe, plowed and maintained. The trailhead at Dark Lake Road — parking a bit of an issue, but it is a trailhead used by a small group, and a cycling trailhead that requires no parking, seems reasonably safe next to two homes. The Wilderness Trail entrance — seems safe, but parking is on and off, rarely plowed and the 'parking lot' is non - existent. Statement of Professional Opinion Sandy Point Road Planning Study 219 551 Page Development Sport and recreational facilities along the margin of the park are okay, golf course, driving range. Development of a 'ski - lodge' or hike -in cabin, boardwalk on one of the upper lakes might be okay. I have no desire to see homes on the lakes. I would rather have the parkland, undeveloped. I pay city taxes and expect some quality of life in Saint John. Rockwood Park is one of the city's best assets. I expect there are thousands of people that use the more undeveloped end of the park. I would rather have it than another hockey arena. I am quite content with the development at the Lily Lake - Fisher Lakes end of the park and a backcountry feel to the rest. Respondent # 28 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Keeping entrances to trail and golf course clear of snow so the public can enjoy all year around, not just in the summer. Saint Johners of all ages enjoy these trails but they could be better utilized. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The boundaries, as best identified by the city, have always been Sandy Point Road itself other than the private lots. Behind the homes, the wild life continues to move about in their natural habitat. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park/ Sandy Point Road? Provide details. As parks should be, most of the area is bordered by trees, providing natural habitat for animals, protection for the soil. There is an excellent trail leading from Sandy Point Road to Lily Lake with smaller trails leading off, minor impact to the environment. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe Lily Lake, Fisher Lake and the trail entrance off Sandy Point Road. The latter could be improved upon to make it more inviting. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? The zoo and golf course complement the park but increased multi -unit housing will have a negative impact on Saint John's one renowned natural resource. For the future of the city's citizens, it must be preserved. Statement of Professional Opinion Sandy Point Road Planning Study 220 561 Page Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural design features that reflect the character of Rockwood Park? The enhancement of the Lily Lake Pavilion has definitely increased both the character and value of Rockwood Park. The improvements made to the golf club building are also in keeping with the area it is in and reflective of the surroundings. Respondent # 29 The focus of the Sandy Point Road Planning Study is on improving the quality of our urban environment and enhancing the role of Rockwood Park along the Sandy Point Road. On the attached map please identify any special landscape features, look offs, historic, or cultural elements that represent good park opportunities. What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? The best opportunities along Sandy Point Road is to see areas for people to have a picnic area, benches, more paths and other amenities that families can benefit from. I rather see that animals still have their habitats. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The Park itself is rather large. There are homes nearby such as my small unit home but it is a way from the park. In the surrounding area it does have the Cherry Brook Zoo, Hospital, School and many other dwellings along the road. The park itself, does stretch out for many miles and by adding more houses along the boundary is getting rid of trees and destroying the animals land to survive. Soon the animals will migrate in our street's and backyards. So therefore, I might not be able to describe the boundary but therefore stating my opinion to what can happen. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. The landscape is breathe taking and large. The only trails that there is that I can see is coming out from Fishers lake exit area. I know that trails do extend all around the park itself. There are some little areas for picnics, horseback riding trails, dog park, playground, fishing lakes but it should be a touch more expanded more heading put towards the hospital area and the Old Sandy Point road. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. The park entrances are on Hawthorn Ave and Mount Pleasant. The entrances seem safe but can be busy at times with events whereas; car pile up's and people walking along the side getting to the park can get ran over by a car. The pedestrian crossing is nearly visible to drivers and hardly anyone does not respect it. I think that there should be more entrances and exits for the park. Statement of Professional Opinion Sandy Point Road Planning Study 221 571 Page Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? No opinion on this one. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect the character of Rockwood Park? I think personally, that the green space should be left untouched. We have enough dwelling in the city to compensate the loss of tress and the poor innocent animals that dwell on the land. I would hate to see Mother Nature destroyed for a building project of any kind to please the City and Politicians. Respondent # 30 The focus of the Sandy Point Road Planning Study is on improving the quality of our urban environment and enhancing the role of Rockwood Park along the Sandy Point Road. On the attached map please identify any special landscape features, look offs, historic, or cultural elements that represent good park opportunities. What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? To make Rockwood Park a better park for all Saint Johners, no more development. If, and when, possible, buy up land around park to expand park boundaries. If possible, try to extend it to the rivers. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The roads surrounding the Park are the defined boundaries. I'm unable to cite any example that I'm aware of where private homes interface well with park boundaries. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. For the most part, the landscape along Sandy Point Road is in its natural pristine state. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. Lily Lake, Fisher Lakes, by the old Peacock Florist and just before Cherry Brook Zoo. The entrances by the former Peacock property and the zoo need to be improved to be more inviting and accessible. Any improvement at this end of the park that is done will mess with the natural surrounding environment. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? None that I'm aware of. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect the character of Rockwood Park? No. Statement of Professional Opinion Sandy Point Road Planning Study 222 581 Page Respondent # 31 This is my opinion on the development of Sandy Point Road from Tucker Park Rd. to Cherry Brook Zoo live at # # ## Sandy Point Rd. and I have enjoyed using Rockwood Park for over 40 years. As it stands, the first priority of the city should be to alleviate the traffic on that stretch of the road. At rush hours, it is often necessary to wait for a few minutes to merge in the traffic and if you develop along the road on Rockwood Park Side, it only gets worse. The area should remain designated single house dwelling only. As warm weather arrives, there are many employees from the hospital and young people from the vicinity run along the road. They are literally risking their lives to improve their health. It does not make sense to bring more traffic to that road. The first priority for the city is to improve the lives of the people, not the coffer of the city. Young people are our future and there is no better place than Rockwood Park to improve their health. We should think about the next generation first and foremost. As a frequent user of Rockwood Park and a nature lover, I am completely opposed to any development (single houses included) of Harrigan Lake and the adjacent bog area next to Cherry Brook Zoo. I have seen many plants not seen anywhere else in the park along that trail. There are Clintonia, Pitcher Plants, Large cranberries, numerous bog plants whose names I do not know. These areas should be preserved for our next generation at all cost and the trail head should be improved for the enjoyment of the ever expanding nearby residents. As a resident close to the driving range, I think the areas opposite the flower shop are more appropriate for the development of town houses and condos as those areas are not at all used by Rockwood Park users. Respondent # 32 1 was at the evening meeting at Lily Lake Pavilion. The questionnaire that you had did not ask the real questions as to what the citizens really want. First of all the boundaries of the park are from all of Sandy Point road from the pavilion all the way out to Foster Thurston and Ashburn lake road to the highway back in the highway and on to the pavilion again. Now for development in Rockwood Park you do not need any other entry way into it other than what you have because you cannot maintain control of what you have and with new development along Sandy Point Road with your new high -rises that developers want it will be impossible to manage the people coming and going through the back of each of these new developments. If you want to develop along Sandy Point Road opposite the park for your new revenue that you are looking for go ahead. At the meeting at the pavilion you did not have the proper people there to explain the whole aspect of what you really wanted to do as far as I am concerned Ken Forrest himself should have been there to show what real development that these developers wanted to do on Sandy Point road on the Park side. As you know from the information that you gathered there that evening at least 95% of the people did not want ANY development in that park at all along Sandy Point Road or the park at all. If the City is just looking for revenue from the developers all the City has to do is start charging big industry their FULL Tax Rate i.e. The LNG tax deal, also stop paying out exorbitant prices for parcels of land like the new bus garage at $50,000.00 an acre when buying land from the big family. When selling Statement of Professional Opinion Sandy Point Road Planning Study 223 591 Page the land to the big family instead of selling it for $350.00 an acre ( Black River Road) it should be $10,000. -- $20,00.00 an acre . I do not know what the prices were for the little parcels of land that you had to purchase from big family on the Red Head Road for the new sewer treatment plant but In my opinion you should have expropriated it like it was done to the people on the new Bayside Drive extension for a pittance nowhere near what it was worth. I am done ranting about past mistakes so PLEASE LEAVE ROCKWOOD PARK AS IT IS A TRUE NATURE PRESERVE WITHIN THE CITY. Before you mess it up completely. Respondent # 33 Dear Mr. White, Further to the open public consultation process at Lily Lake (March 10, 2010) and our personal meetings; I have drafted this response. First, I want to thank you for your time and willingness to discuss the study and invite public input. As you are aware, almost all public citizens, including groups "SPRNG" and "Friends of Rockwood Park" are against any inappropriate development within Rockwood Park. As you are aware, I live in the area. I agree that inappropriate development of any area of Rockwood Park or Sandy Point Road would not be in our neighborhood, community, or the City's best interest. Most people do realize, however, that appropriate, planned, responsible, and long -term growth /progress is a necessary reality for any thriving community. Prior to our meeting (March 17, 2010), 1 was very concerned /anxious regarding the proposal and the planning process over the past 2 -3 years. Specifically, I shared the same concerns as my neighbors felt; that the future of the Golf Course, Driving Range, the Zoo, and Harrigan Lake was uncertain. Indeed, even the fate of Rockwood Park, as everyone has known it, could be permanently harmed /changed /lost. To lose these amenities would not only be emotionally disturbing to me, personally, but lead to severe and incalculable damage to my property value as it is enhanced and supported by the proximity of the park and its amenities. I was relieved when you advised me that, in fact, the future of the key features of the park are not at risk and that part of the planning process may be able to even enhance and improve the Park's sustainability and utility. We further talked about other possibilities that would not only help the park but improve the situation for the local community, as well. Specifically, one of the largest anxieties and concerns by citizens and neighbors was about inappropriate subsidized, low -end housing potentially being developed at Harrigan Lake. Also disconcerting is the proposal to build 48 townhouses adjacent to lands of Harrigan Lake and in front of the Golf Course. Most people find the current physical state of 1671 Sandy Point (Harrigan Lake road fill site) to be the only unacceptable part of the Park and the Sandy Point neighborhood since it is not aesthetically pleasing and serious improvements must be made to correct the situation. I do think that local residents, and the remainder of the community, would accept a proper housing development conjoined directly with Park enhancement, at this location, if the development was well- Statement of Professional Opinion Sandy Point Road Planning Study 224 601 Page planned in a cosmetically and environmentally pleasing fashion; deserving to be a key feature of the Park and our community (with substantial landscaping, walkways /sidewalks, antique lamp posts + feature ground lighting, color- matched stamped concrete patio areas, and other architectural features to serve as an adequate park theme /environment). Obviously, this would be an expensive adventure and, hence, would require not only a significant initial investment of capital but also long -term, sustainable commitment. Any housing should be custom - designed, upscale, high -end complexes co- located as part of the development /park rejuvenation. "Upscale" meaning that only highest quality buildings would be utilized on the site with the best cosmetic upgrades (i.e. architectural metal /copper /Chateau high - pitched roof details, stone /cultured stone facings, wrought iron railings, etc.) so as to look "at home" as a natural part of the Park. Also, I suggest this development to be "green" by design and energy efficient with solar roof panels (for solar hot water +/- "net metering" when available), high efficiency heat pumps, rain water collector cisterns (for lawn /shrub maintenance, etc,) Obviously, professional architectural and development planner /engineers (perhaps, from your very firm) would have an integral role in the ultimate design and functionality of this proposal. In following the City's technical background report (page 5), it is noted "that any applicant must demonstrate his /her development is not premature and prejudice the possibility for future subdivision (development) in the area ". Previous proposals, from what I understand, have been premature and would have negatively affected the neighborhood and my property, across the street, causing a disamenity and, therefore, devaluation of investment. Premature and inappropriately planned developments, not including rejuvenation of the entire Harrigan Lake site ( and adjacent lands) /Park, may prejudice future improvements /repair of that very site which, seems to be the largest community, neighborhood, and Park problem. To quote from the City's Millidgeville Plan, " Millidgeville is an area of the city which offers high quality residential and family environment." A city like Saint John must be able to cater to an exclusive residential market. The quality of development affects the City's ability to compete for new commercial and industrial growth as increasingly the location decisions for these developments hinge upon quality of life rather than access to markets and raw materials. A high quality single family must be encouraged. I might appropriately add that much of our current working population of Saint John live outside Saint John in Rothesay, Quispamsis, and Gondola Point. They pay no taxes to the City of Saint John but use and depreciate our infrastructure; I think this has been an obvious and longstanding problem. I suggest that high- quality, sophisticated, and efficient housing in the unique and beautiful lands located here, on Sandy Point Road, overlooking the Kennebecasis River /Bay, the Golf Course, and naturally rugged Rockwood Park may be able to bring a number of those people back to the Saint John market. This will be reality and make sense as the cost of gasoline increases (cost of commuting will increase), the baby boom generation ages (need to be close to hospital /government /transport services, etc.), and property taxes increase in the Roth esay /Quispamsis area. Obviously, this would be a golden opportunity for improvement of the tax base of the City of Saint John and a positive outcome for all involved. Recently, provincial property tax rates went up and, I suggest, if the City dropped its municipal rate; this would also immediately help bring more people to our community (many from competing bedroom communities) making Saint John stronger, more vibrant, and prosperous. Certainly, for pending Statement of Professional Opinion Sandy Point Road Planning Study 225 611 Page developers with new ideas and fresh investment capital, any positive moves made by the city in favour of the above - mentioned proposals would be warmly received. I look forward to your upcoming report and suggestions to council. Respondent # 34 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Leave it as a park instead of thinking $$$$ signs. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The roads that surround it: Foster Thurston, Sandy Point Road, 4 -lane highway. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. No, it's woods, which provides a private setting for its park, which homes our wildlife. Respondent # 35 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Incorporate all city -owned property into Rockwood Park, which lays inside of the roadways that loop the park. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. Very sensitive, shallow soil, wooded wet areas. Any development would jeopardize the park. Respondent # 36 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Former ski hill access (entrance near Cherry Brook Zoo), animal shelter (proposed to move). Should open up this area to new development. Residential development will not happen (must be left undeveloped. Opposed to development. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Sandy Point Road should be the boundary. Only development should be access to trails. Statement of Professional Opinion Sandy Point Road Planning Study 226 621 Page Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. Respondent # 37 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? No further development. More access to the park off Sandy Point Road Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Maybe off -road parking — similar to the Irving Nature Park. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. Redevelop road where the ski hill used to be. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. Cherry Brook Zoo. Nothing developed either side of Peacock's!! Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Security is important!! Respondent # 38 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? No buildings on 1671 Sandy Point Road. All city -owned land to be zoned park. Sandy Point Road to be boundary of park. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. Improve access from Cherry Brook Zoo. Improve access from ski hill. Maintain signs. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Building on park land will destroy lakes and endanger the special species in park. Statement of Professional Opinion Sandy Point Road Planning Study 227 631 Page Respondent # 39 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Complete the trail to create security by new development. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The City of Saint John should identify the boundaries of the park; eliminate the confusion from the residents of Saint John, especially neighbours of the park along Sandy Point Road. In turn, the city should promote development and control the petitions ongoing. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. No continuous trail from Cherry Brook Zoo to Rockwood Park clubhouse. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Proposed development from Mike Cavanaugh Homes along Sandy Point Road (re: 2nd hole fairway) will enhance the surrounding area around the park, create security, and absorb some of the infrastructure from the Sandy Point Road fairway. Respondent # 40 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Keep intrusions by residential and commercial activities minimal. The road is already congested and the new buildings at UNBSJ and the medical training will make it far worse than today! Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? Exactly — we need to have the current boundaries noted far better. As far as most are concerned, the boundaries should include areas that are beyond the original title. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. Benches? Are you nuts ?? On Sandy Point Road? Rockwood Park is essential as a multi - purpose green space. Not every inch needs to be "maximized" or "monetized" — a field has great value as a field!!! Statement of Professional Opinion Sandy Point Road Planning Study 228 641 Page Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. The main buildings at Lily Lake need a different approach to parking and how we are able to get to the park features. With scant parking anywhere close to Lily Lake, we need to find out how to encourage bus use, carpooling and alternate modes of transportation especially during summer. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? I have not found any of the encroachments into what I believed to be the boundaries of the park to be complimentary. If they want to build on the opposite side of the street — fill your boots. But Hands Off Rockwood Park!!! Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect the character of Rockwood Park? This is a useless question and I find the waste of my time to be indicative of the "development at any cost" attitude I see here today. I would see "Improvement to the Park" as being no further encroachment into our Common Green Space!! Respondent # 41 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Improve the parking lot at the zoo end of the park making it attractive, well -treed and unobtrusive. Describe where the boundary along Rockwood Park is well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park? The boundary is not well- defined — but Sandy Point Road should remain as the border of the park. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. The landscape is rocky and treed — provides a buffer to the more interior area of the park. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. A public entrance to the park could be developed where the old ski hill was — where the Animal Rescue League property now is. Statement of Professional Opinion Sandy Point Road Planning Study 229 651 Page Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? The consensus of our group is that there should be no inappropriate development — i.e. apartment buildings, town houses, condos, etc. If single family houses are built next to Sandy Point Road they must fit in with the natural environment of the park. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect the character of Rockwood Park? The houses that have been built in the 1950s that have been on Sandy Point Road border of the park are unobtrusive, well treed and have not changed the esthetics. Respondent # 42 Dear Sir, Only in Saint John do I find people working to infringe on our Green Space. Many other cities are working to expand theirs. How sad! Respondent # 43 What are the best opportunities along the Sandy Point Road to make Rockwood Park a better park for all Saint Johners? Keep the park natural woods, not artificial trees not native to NB. There is a trend to build houses expensive for the property tax assessment ... crazy concept! Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. Mostly woods. Foot paths need adjoining bicycle paths. A tall tower is needed on the top of the hill near or at the former artillery defense site. This could give a view of Halifax airport lights in proper weather. Also, there need to be wheelchair routes. Where are the public entrances to the Park? Are these entrances safe and inviting gateways into the park? Describe. By Lily Lake through to the artificial lake and out on Sandy Point. Are there examples where development (existing and proposed) compliments the values of Rockwood Park? If so how exactly? Rockwood Park had an excellent zoo. This was demolished — a section of land was sold, given, or otherwise to have the Cherry Brook Zoo. Seniors should be able to walk around Lily Lake at lake level; they can't. Statement of Professional Opinion Sandy Point Road Planning Study 230 661 Page Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect the character of Rockwood Park? The original Pavilion was demolished, and then the present building, which in part is a labour senior section, was built. The roadway is being lowered. The south hill needs proper development. Many seniors and handicapped persons would like to travel in stages. A growing number use wheelchairs or pushes to help them travel. These require flat areas or paths where they will not interfere with others coming behind by blocking their passage, and yet they wish to be mobile to those coming the opposite way with some form of divider. If there is a divider it should not have high bushes or trees or any form of growth to obstruct vision. Many seniors are afraid of others. Thugs can attack them from behind, grab their purses or carry -all, push them down and flee without the person attacked being able to see what or who. If there is a cross divider visibility, there is a greater possibility of someone being able to see what's happening, which could be a deterrent to an attacker. As to Lily Lake, it is still impossible to travel around the lake at a level close to the water. At the west end, one must climb or navigate up a steep hill. This should be changed. Respondent # 43 1 was one of those who attended the consultation at the Lily Lake pavilion a couple of weeks ago. My understanding was that you will receive submissions until 3 April. Here is mine. Before I start I should like to say that at the consultation there seemed to be two different foci: • whether or not there should be "development" on the publicly -owned land along the eastern and southern side of Sandy Point Road; • and how that area of Rockwood Park should be "developed ". In my opinion these two issues are separate and no attempt should be made to treat them together. The question of the "development" of that area of Rockwood Park should be considered as an integral part of an overall plan for the park, not as something separate. For example, now that new access off Sandy Point Road has been created on Harrigan Lake, it might be nice to develop a swimming place there with a refreshment stall run by a non - profit group, as at Fisher Lake. But this should not be done until the Fisher Lake beach is used more regularly and by more people than it has been recently when I have been there. I also think you asked the wrong questions, but I will try to answer them anyway. What are the best opportunities along Sandy Point Road to make Rockwood park a better park for all Saint lohners? For a start, keep it for all Saint Johners; don't sell off bits for private "development ". Beyond that, see my comments above. Describe where the boundary along Rockwood Park is well defined? Like most people, I take this as an invitation to say what the boundaries of Rockwood Park should be in this area, so that they are well defined. Rockwood Park should include all land on the right side of Sandy Point Road as you come from Hazen White school that is publicly owned. Many of us thought this was Statement of Professional Opinion Sandy Point Road Planning Study 231 671 Page already the boundary of Rockwood Park. At the consultation you said you didn't know where the park boundaries were. If it were bounded by Sandy Point Road, the boundary would be well defined. Give good examples of how the park boundary interfaces with private homes along Rockwood Park. I am not aware of any such examples. Describe the quality of Rockwood Park's landscape along the Sandy Point Road. I do not have the expertise to do this. To me, it is typical New Brunswick woodland, in good condition, with beautiful lakes in it. Are there trails, benches, facilities, and other park amenities along Rockwood Park /Sandy Point Road? Provide details. There are many trails besides the official ones and some of them are probably unknown to the City and ADI. I know of three benches; one beside Harrigan Lake (though it may have been thrown in the lake); one by Long Lake; one by Frying Pan Lake. The golf course and the driving range count as amenities, I guess. Otherwise I know of none. Where are the public entrances to the park? (a) By the zoo; (b) across the golf course; (c) along the unmade road on the right at the top of the hill coming up Sandy Point Road (mind the dog); (d) at the bottom of the former ski hill; (e) a lesser -known one part way up the Sandy Point Road hill. Perhaps the new access to Harrigan Lake could count as well. Are these entrances safe and inviting gateways into the park? (a) is safe and reasonably attractive; (b) is not a single entrance so the question does not fit; (c) is neither safe nor attractive; (d) would be safe if the gate was opened and access left to the former car park; it would be reasonably attractive if the car park was put into decent shape; (e) is safe and attractive for those who use it; it would be neither for someone who just happened to find it. The new Harrigan Lake access needs work if it is to be made usable, let alone safe and inviting. Are there examples where development (existing and proposed) compliments [presumably you mean "complements "] the values of Rockwood Park? If so, how exactly? The golf course fits reasonably well with the park's purposes because it is a recreational facility; though now it is no longer municipally operated it has become more expensive. The same could be said of the former ski hill and the driving range. The houses along Sandy Point Road intrude on the park; they do not fit with the park's purposes or, using your language, complement the park's values. No future private "developments" of any kind can "complement the park's values" because, by definition, the park's values are public while the values of private "developments" are private. In such circumstances, "public" and "private" values are antagonistic and can never be complementary. Does existing development reinforce the character or values of Rockwood Park? Give examples of homes, buildings or architectural designs reflect [sic] the character of Rockwood Park. No existing "development" reinforces the character or values of Rockwood Park; as noted above, some public "developments" manage not to be inconsistent with the character and values of the park because they are public and recreational. There is a city -owned but off Sandy Point Road past the golf course that is inconsistent with the character and values of the park. There are no examples of private homes Statement of Professional Opinion Sandy Point Road Planning Study 232 681 Page or buildings which reflect the character or values of the park because, as noted above, they are by definition antagonistic to those values and character. As a final comment; the final questions start to get at the point. What is public is, or should be, available to all. What is private is available only to the private interests who own it; unless they think they can make a buck by ripping the public off. The difference is fundamental and is a zero sum game. When public park land is privatized, private interests gain and the public interest loses. And rarely, if ever, is the true cost to the public interest of the loss of amenity and other value reflected in the price paid for the public land. The City apparently wants to recoup the cost of its "investment" in putting water and sewerage along most of Sandy Point Road; let it do so by allowing "development" to take place along the western and northern side of Sandy Point Road (the opposite side to the golf course and driving range), where there is plenty of room. But let it leave the publicly -owned land on the southern and eastern side (the golf course side) of that road "development" -free, and designate it clearly as what most of us thought it was already -- part of Rockwood Park. Thank you for the opportunity to provide feedback. However, you will forgive me if I have some doubt as to the value of this process, including whatever report you may submit to Common Council unless you promote "development" in the area I suggest there be no "development ". Statement of Professional Opinion Sandy Point Road Planning Study 233 Sandy Point Road (Millidgeville) Neighbourhood Group The Sandy Point Road Planning Study Summary of SPRNG's Priorities March 17, 2010 About SPRNG - Sandy Point Road (Millidgeville) Neighbourhood Group: The SPRNG neighbourhood includes the residents who live or own property on and near the section of Sandy Point Road that stretches from the University to Foster Thurston Drive. Many of the homes are modest in size and have been in existence for 40+ years. Some newer homes have been built along the road and a few subdivisions have developed on the North side of Sandy Point Road, Approximately 40 households are part of SPRNG. Purpose of SPRNG: Protect the integrity of the neighbourhood and Rockwood Park. Key Principles of SPRNG: • We support improvements to the neighbourhood that contribute to the integrity of the neighbourhood, the protection of Rockwood Park and the quality of life of residents. • We believe the City, as a major landowner in the neighbourhood, must do everything in its power to be a good neighbour. Mon ca Chaperlin 1711 Sandy Point Road Atsko Nose 1687 Sandy Point Road On behalf of the Sandy Point Road (Millidgeville) Neighbourhood Group Three Priorities of SPRNG : 1. Rockwood Park Protection of this very important public asset and eco- system • In our neighbourhood, the boundaries of Rockwood Park are clearly defined as the city -owned land that edges Sandy Point Road and FosterThurston Drive. We would like the City to acknowledge this. • Please find attached, Map A with PAN /PID numbers for the city - owned properties in the study area and PAN information from the Province of NB. According to this 2010 tax assessment, majority of these parcels are described as "Rockwood Park, "Golf Course", or "Cherry Brook Zoo" • We believe the entire study area is Rockwood Park and should remain as park for public use. • Rockwood Park's principles and public uses must be clarified in an updated Rockwood Park plan. • We support better public access to and better amenities for the park. • This section of Rockwood Park, between Cherry Brook Zoo and the Golf Course, is a forested wilderness area that is removed from any view of the community that surrounds it. It offers a rich and diverse, yet very fragile eco - system of waterways, flora and fauna. The human footprint is minimal. This rugged section of the park offers trails that vary in difficulty and length, and connect to waterways and trail heads. 2. The SPRNG Neiahbourhood Maintaining the integrity of the neighbourhood SPRNG supports Saint John's need for more housing and an increased population. However, planned development that respects the input of neighbourhoods and the general public will ensure the right developments are built in the right places. Saint John has a lot of vacant land. It is absolutely not necessary to cut into Rockwood Park for residential use. In and around this neighbourhood, subdivisions and plans for further residential development are already substantial. Please find attached Map B showing two subdivisions the City has recently committed to — Fieldstone Estates and Rockwood Hills.These two subdivisions have a potential to provide 264 homes. The map also shows the Crescent Valley Revitalization Initiative that has been planned in the area immediately below the study area.This project has a potential of providing 1,000 additional homes. This study process is very rushed. It would make more sense for this study to be completed once the key principles of Plan SJ and Rockwood Park have been articulated. For this reason, the moratorium should be kept in place until Plan SJ is out. These plans must complement one another, otherwise, once development begins and the damage is done, the land cannot be reversed. 3. Sandy Point Road and Foster Thurston Drive Public and neighbourhood safety • Improved road and traffic safety is a priority for the neighbourhood. The current conditions of Sandy Point Road and FosterThurston Drive from the hospital /university to the throughway are already posing dangerous conditions for motorists, as well as walkers and cyclists. There are too many hills, curves, blind spots and deep ditches.These less than ideal conditions and their use as a major route to and from the East, do not support residential growth. 234 f �j pq r Sj4�9S ApcA OpS09, 001A P7pSSp Sy S,p0S9p�' 83 AAN pA`. 000S�3,8 ��8j1d'Da,� O,�'6 �d��z dpa4� ` ` che�yeS268e P�EjsSpSgO S�ds °�.� `,,x��hx00y' 6 AID SSOS 91? AIDS S,964r F/OSS0S905 l� Coq/ CS980S if rr � A.Q 4 04�SB48 G %Co48�P0, 5980 1p0p4,00 51q OSZS 8pd�k � e OS89SOSg , ,•` yf � oq�cl9P.la f s r .J i i!ICiR�A°�Y� as of March 17, 2010 5cale/Ecnell+e 1:20000 metres a 400 B60 1200 metres feeds Map A a iaaa sno aoo 4omateee Property Boundaries & PAN / PID Numbers for the City -owned Land Inside Rockwood Park 235 �)Service r I Brunswick �'• �� r�h Car h �i N.B. env. Hcme ' Serwrce ' C.z+uemment i6irrctxy ' Nevrstivre SNR Horne • About SNR' Locations ' 1- 889 -762 -8600 ' FAQ' Privacy and Secunty " Contact Us PAN Information PAIN: Location: Current Assessment Property Descrlption Taxing Authority: 1674195 SANDY PT RD $90,1070 ROCKWOOD PARK/PARKLAND City of {Cite de Saint John Assessment Year: 2010 County: St. John Current Levy: $1,330.51 Tax Class: Municipal PAN: 5552688 Assessment Year: 2016 Location: 901 FOSTER THURSTON County: St. John City of /Cit6 de Saint John. QR Current Levy: $4,458.16 Current Assessment: $574,960 Current Levy: $8,489.55 Property Description., CHERRY BROOK ZOO Tax Class: Municipal Taxing Authority: City of /Cite de Saint John PAN: Location: Current Assessment: Property Descrlption: Taxing Authority: PAN: Location: Current Assessment: Property Description: Taxing Authority: PAN: Location: Current Assessment: Property Descrlption: Taxing ,Authority: 5980514 Assessment Year: MOUNT PLEASANT AVE County: $881,100 Current Levy: ROCKWOOD PARK Tax Class: City of /Cit6 de Saint John. $301,900 5532276 SANDY PT RD $23,400 ROCKWOOD PARK /PARKLAND City of /Clt6 de Saint John 1678987 SANDY PT RD $26,406 ROCKWOOD PARK/PARKLAND City of /Cite de Saint Jahn Assessment Year: County: Current Levy: Tax Class: Assessment Year County: Current Levy: Tax Class: 201 1) St. John $17,744.11 Municipal 2610 St. Jahn 5352.93 Municipal 2010 St. John $383.94 Municipal PAN: 5486548 Assessment Year, 2016 Location: 1771 SANDY PT RD County: St. John Current Assessment $301,900 Current Levy: $4,458.16 Property Descrlption: GOLF COURSE Tax Class: Municipal Taxing Authority: City of /Cith de Saint John PAN: 5981348 Assessment Year 2010 Location: 1771 SANDY POINT Fit) County: 5t- John Current Assessment: $514,160 Current Levy: $27,045.03 Property Des criptlon: GOLF COURSE Tax Class: Fully Taxable Taxing Authority: City of /Clt6 de Saint John 236 e r V f f Fieldstone Estates 64 Single Family Dwellings \ tti \� a\y *4\k 4\ 7* �t. \4 /ROCICWOO 92 Townhou: 108 Condo I 019 as of March 17, 2010 Crescent Valley Revitalization Mixture of: Single Family Dwellings Semi - Detached Dwellings Row Houses Apartment Buildings Approx.1,000 Units Map B - Potential Number of Housing Units Two Subdivisions & One Proposed Housing Project 237 1 Atsko Nose & Dick Powell 1687 Sandy Point Road, Saint John, NB E2K 5E8 (506) 652 -9437 atsko @nbnet.nb.ca March 20, 2010 Mr. Brian White ADI Limited 520 Somerset Street Saint John NB E2K 2Y7 RE: Sandy Point Road Planning Study The Rockwood Park Advisory Board Dear Brian, We have been following this study very closely since the day the Common Council agreed to fund it in August 2009. Curiously missing from the whole process is the presence of the Rockwood Park Advisory Board. They are supposed to offer input on matters affecting the park. In fact, Councillor Killen was seeking the Common Council of its "...acknowledgement of its important advisory role in the stewardship of this precious gem, Rockwood park." Councillor Killen's motion on this matter dated March 23, 2009 and the Common Council's resolution are attached for your reference. I would like to see in your Statement of Professional Opinion, what role the Rockwood Park Advisory Board is playing in this study, and their position on a possible exploitation of a part of Rockwood Park as a potential location for residential development. Yours truly, Dick Powell Cc/ Mr. Nayan Gandhi The City of Saint John Planning & Development 238 nN C" Of Saint 01M March 2 '). 200 Your worship Ivan Court Members of Common Council City of Saint John Bear Mayor Court and Fe low Councillors. Subject- Rockwood Park Advisory Board After an extended time of inactivity. the Rockwood Park Advisory hoard is mecting, regularly. Alter examining the tarns of reference. the Board is confident it can offer signilicar�t inpawt on matters aGf7ecting the Park. It hopes that Council will provide acknowledgement or its important advisory role in the stewardship of this precious gem, Rockwood Park, Motion- That Council seek input from the Rockwood Park Advisory Board whenever Council is considering decisions affecting the park. Respectfully submitted. (receivers via email) Councillor ]Gillen 04- SAINT JOHN P.O. Box 1971 Saint Jahn, N9 Canada E2L 4L1 I myW.saintjohn.ca I C_f'. 1971 Saint Jahn, NA. Canada E2L 4L1 r--� 2 239 94 -381 COMMON COUNCIL/CONSEIL COMMUNAL MARCH 30, 2009 /LE 30 MARS 2009 responsable de la supervision et du controle de la plupart des services et que, si des membres du conseil pouvaient individuellement mobiliser les ressources humaines, cela pourrait empieter sur les taches du directeur general. L'avocat municipal precise qu'il ne souhaite pas donner ('impression que chaque demande d'un conseiller doit titre soumise au Conseil pour approbation. II indique qu'un conseiller peut faire la meme chose qu'un citoyen qui interroge un chef de service ou tout autre personnel de gestion concernant un aspect des politiques ou operations de la Ville. A ('issue du vote, la proposition est rejetee. Le maire ainsi que les conseillers Court, Higgins, Killen, McGuire, Mott, Snook et Titus votent contre la proposition. Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que cette seance du conseil soit prolongee au -dela de 22 h. A ('issue du vote, la proposition est adoptee. Les conseillers Killen, McGuire, Mott et Sullivan votent contre la proposition. 11.4 Conseil consultatif du parc Rockwood (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller McGuire RESOLU que le Conseil collabore avec le Conseil consultatif du parc Rockwood chaque fois qu'il prend des decisions concernant le parc. A ('issue du vote, la proposition est adoptee. 11.5 Summary of Motions (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Court RESOLVED that the submitted chart of motions dated March 26, 2009 be received for information. Question being taken, the motion was carried with Councillors Snook and Titus voting nay. 240 FRIENDS OF ROCKWOOD PARK -Saint John NB March 22, 2010 Mr. Brian White Rockwood Park is a 2,200 -acre people park and wilderness sanctuary in the heart of Saint John. In fact for all of those who frequent her, Rockwood Park is the very heart of the city. From its inception in 1894, the park has gradually grown into one of North America's largest urban parks. Parcels of land have been bequeathed to the people of Saint John by people who understood the great value of Rockwood Park, and other parcels have been purchased by the city for the purpose of extending the park boundaries. Rockwood Park is described in Saint John's tourism literature as "The Heart of Nature in the Heart of the City. "Some residents have described it as a "gem "; others have said it is "Paradise in our backyard." Friends of Rockwood Park believe that the Mayor and Council have no idea how true these words are. Statistics will show how many people use the campground, which is operated by the Saint John Horticultural Association. Statistics will show how many people swim, canoe, and barbeque. Statistics will show how many people use the horse barns, take sleigh rides, golf, visit Cherry Brook Zoo and the Interpretation Centre, but there are no statistics on the number of everyday park users who run and walk the trails, who fish the many lakes, who birdwatch, who bike, ski and walk the more isolated areas of the park. Rockwood Park has 26 kms of trails. There are accessible and multi -use trails for everyone, from the handicapped and the novice to the advanced hiker. In addition to the park's pristine forest, there are endangered wildflowers and other unique plant life. One of the best features of the park is its welcoming and beautiful entrance. Well maintained roads, paved trails, unpaved trails around Lily Lake and Fisher Lakes are readily accessible from this entrance — and then there is the "piece de r6sistance ", the wonderful wilderness area of the park that Friends of Rockwood Park feel is extremely important and desirable. Without this wilderness area, the greatness of Rockwood Park would disappear. It would be just another city park. Rockwood Park is ideally located close to the city centre making it readily accessible to all the citizens of Saint John and surrounding areas. It is within walking distance for single parents and families with little money. It offers space, swimming, playgrounds, a place to picnic, outdoor adventure and fun. It is a gathering spot to meet friends. This place is very special to the residents of Saint John. From generation to generation, Saint John residents have been proud to state they have one of the largest natural, urban parks in Canada. This is our proud history and heritage for 116 years now. We cannot let the greed of the present generation diminish and degrade this symbol of pride - this people's place. We MUST NOT let them deprive future generations of their turn in Rockwood Park. Over 160 people representing park users attended the consultation meetings on March 10, 2010. In attendance were: Regular park users • Park neighbours • Representatives from Outdoor Enthusiasts • Active Transportation Saint John • Sandy Point Road Neighbourhood Group • Saint John Naturalists' Club • Friends of Rockwood Park • Concerned Citizens Small Business group • Mountain bikers, joggers and hikers, among others. Yellow Lady's Slipper 241 Courtesy of: mcdonaldart.com To these people, the park is an everyday part of their lives. They like its wilderness feel. They like the peace and naturalness. The consensus from the attendees was that the boundaries of Rockwood Park must be defined AND there must not be any housing or commercial development within the Rockwood Park Boundaries. What is Rockwood Park? It is a sanctuary that is bounded by Sandy Point Road, Foster Thurston Drive, the throughway and city streets in the Mount Pleasant area. There is no question about boundaries. Maps obtained from Leisure Services indicate very clearly that this is Rockwood Park. Service New Brunswick recognizes the area as parkland. Land was donated and purchased for parkland. Signage and trails mark it as parkland. Tourism literature indicates that the area is park. Most park users would say that this is the boundary. Friends of Rockwood Park say that this area IS Rockwood Park and as such, there can be no development on this land that is not park related. - -NO development within these existing park boundaries. Allowing even the smallest amount of development within the park opens the park to commercial interests which breaks a public trust for parkland since its inception in 1894. This park is for the enjoyment of the public. It has been degraded enough by private interests whose only aim is to make money for themselves. Friends of Rockwood Park Inc. feel that the City of Saint John has not been a good and faithful steward for the park. Land has been donated, expropriated and purchased in trust to ensure the survival of the park for the enjoyment and benefit of the people of today and in the future. The primary guiding principle for park management is that the maintenance of ecological integrity must be the first consideration. A management plan would establish an approach for achieving the objectives of ecological integrity and public opportunities for understanding, appreciation and enjoyment in Rockwood Park. FORP Inc. encourages Common Council to review the Master Plan for Rockwood Park and incorporate the goals of Vision 2015 and the Sustainability Principles that Council recently approved, so that there would be no suggestion of selling off Rockwood Park piece by piece for short term economic gain. Rockwood Park is more important than ever now that science has confirmed the health benefits of having such a facility in an increasingly polluted world. In addition, who knows what wrenching effects climate change will bring to Saint John. Let's keep Rockwood Park as a refuge and haven to help us through those times. Rockwood Park should remain a symbol and tribute to 'sound, public decision making' made in the best interests of everyone. FRIENDS OF ROCKWOOD PARK INC. 114 Sandy Point Road Saint John, NB E2K 3R8 242 FRIENDS OF ROCKWOOD PARK - Saint John NB March 24, 2010 Mr. Brian White ADI Limited Dear Mr. White: l� f r� L As a member of the Friends of Rockwood Park, it was distressing to hear that Rockwood Park was again under siege relative to inappropriate development. One solution to this problem is to rezone all city -owned land to "parkland" along the stretch of the Sandy Point Road in question and all other areas where the city owns property bordering the park. This would provide the crucial buffering needed to prevent future loss of any parkland. The property located at 1671 Sandy Point Road is a glaring example of the City's lack of concern for adherence to the principles of its park stewardship. They have clearcut this once natural area right to the shoreline of Harrigan Lake IN ROCKWOOD PARK and exposed this wonderful little lake to the impurities carried by runoff from the dirt and dust of the now barren property. This lot MUST be allowed to re -grow its native flora where possible and be assisted where not possible. The trees MUST be replanted along Harrigan Lake to once again seclude her. This is not the place for a park entrance! This is NOT a place for development, residential or otherwise! As for expanding the number of entrances to Rockwood Park, people are well able to access the wilderness area and all other areas from existing access points. There is particularly no need to open the wilderness area up thereby degrading natural habitat. I respect that you are a professional and schooled in the ways of best developing a city park. However, Rockwood is more than just a city park. She is partly that but also part wilderness. This unique feature is what we need to protect from inappropriate development. The "city park area ", I would say, has been nicely developed. If your recommendations were to be aimed at this area of the park, I would say feel free to massage, clip and wheedle away, although I think it's pretty nice as is. However, my real concern is development and loss of the wilderness area. I beg you to give primary consideration to recommending protection of the wilderness area if you feel as we do, that it is most important and the true heart of our park. Betty Lizotte Member - Friends of Rockwood Park 114 Sandy Point Road Saint John, N.B. E2K 3R8 506 - 652 -3597 Yellow Lady's Slipper 243 Courtesy of mcdonaldart.com Response to Sandy Point Road Planning Study Joan Pearce, March 25, 2010 The purpose of the Sandy Point Road Planning Study is to prepare a recommendation report to Common Council towards the creation of public policy regarding the optimum future use of city -owned property located south of Sandy Point Road and adjacent to Rockwood Park. The city planning department have emphasized that this is NOT a Rockwood Park Study. Therefore it seems strange that the questions at the March 10 public consultations were directly related to Rockwood Park. No public policy regarding the use of city owned property south of Sandy Point Road can be drafted because these lands are IN Rockwood Park. Until the city can prove that the subject area lands are not Rockwood Park lands then there can be no discussion on future use. All city owned property within the area bounded by Sandy Point Road Foster Thurston, Highway 1 and streets around Lily Lake is park property and as such may not be sold off nor developed for any other than park use. The consultant has said that public policy will address: 1. the degree of naturalness of the land along Sandy Point Road (from urban to park wilderness) 2. The type of recreation outdoor experiences possible along the edge boundaries of Rockwood Park I Concerns regarding environmental sensitivity 4. The intensity of existing and proposed uses and the scale of use. The degree of naturalness of the land along Sandy Point Road (from urban to ,park wilderness). I feel that the most recent housing along Sandy Point Road in the park does not exhibit any understanding of naturalness. The lot landscaping does not blend in with the park. Contours in the land have been filled. Backyards adjacent to the park are untidy. On the other hand, Cherrybrook Zoo, the homes of Monica Chaperlin and Bob McKee and Atsko Nose and Richard Powell are set back and hidden in the trees. One would hardly know they are there. Older homes on both sides of Sandy Point between the golf course and the zoo have trees around them and are set back from the road. The construction of those proposed 6 storey buildings would always look "wrong ". There is no transition from nature to development. That may be why there is a suggestion to build so called "garden homes ", in an attempt to soften the change, to "trick ones eyes ". No matter what development occurs there will be pesticide run -off, oil from parked cars and other vehicles, salt from winter plowing. All are harmful to the environment and are to be avoided. 244 The type of recreation outdoor experiences possible along the edge boundaries of Rockwood Park.. Over 160 people representing park users attended the consultation meetings on March 10. In attendance were: • regular park users, • park neighbours • representatives from Outdoor Enthusiasts, • Active Transportation Saint John, • Sandy Point Road Neighbourhood Group, • Saint John Naturalists' Club, • Friends of Rockwood Park, • Concerned Citizens Small Business group, • mountain bikers, • joggers, hikers, among others. These people use the park. They like its wilderness feel. They like the peace and naturalness. It is a sanctuary. The consensus from the attendees was that the wilderness end of the park should be left as is. Concerns regarding environmental sensitivity The technical study mentioned only spleenwort, found around Harrigan Lake as a specious at risk. There are more unique and threatened species of flora in the park. The lime rich soils for which Rockwood Park is known for provides ideal habitat for two rare forms of wild orchid. These include Pink Lady's Slipper and Yellow Lady's Slipper. These delicate flowers are very susceptible to disturbance and decreased orchid populations in parks and other public areas can be attributed to over - picking (Hinds, 2000) Mature coniferous and deciduous stands with thick canopies allow small amounts of light through to the forest floor and provide the shady habitat required to grow Indian Pipe.This is a unique plant belonging to a very small family of only three species. Rockwood Park is considered a part of the broader Stonehammer Geopark. Ho vve's Cave, which is found within the 250 m. study area has been placed on the geosites list. It and Harbell's Cave are probably the largest caves in the park. Caves are not common in New Brunswick and these are likely the best caves in the Ashburn Formation marble which is only in the Saint John area. There are some other nice weathering features and karst topography near Howe's Cave. There are places in the study area which are easily accessible and very important sites for the Stonehammer geopark. One is at the west end of the trail that goes to Dark Lake Road, another is looking across Sandy Point Road at the street outcrop at the trailhead near the zoo. Extending to Sandy Point Road is also the only way to include outcrops of the Kennebecasis Formation (the red sandstone- conglomerate seen by UNBSJ) in the park. It only occurs near the driving range. 245 There are many wetland areas and different forest stands throughout the park. These provide habitat and food for the many animals, birds, reptiles, insects and fish in the park. Encroachment into the park will destroy habitat. It seems that the city does not understand or value Rockwood Park. There appears to be the view that any decisions regarding park lands must be on an economic basis. Economic value can be easily measured. The intangible values of park land cannot be measured but are nevertheless extremely important. Please read the attached Appendix. I support the opinion and research that is expressed there regarding intangible values of Rockwood Park. The intensity of existing and proposed uses and the scale of use Rockwood Park is a place worth protecting. In this era of growth obsession where anything can be sacrificed on the altar of supposed progress, we are rapidly seeing the demise of such places. In recent years we have seen industrial players irrevocably scar this sanctuary, with the same blind logic. To allow further development inside the park boundaries is insult to injury. It is astonishing that despite a clear message from the people of our city, we seem to be unable to find elected officials with enough integrity and fortitude to put this issue to rest once and for all. This is a slippery slope- every bit of development that scars or erodes our park, no matter how seemingly well intentioned, makes it easier for subsequent destruction. The pipeline was an affront to the people of Saint John, reminding them that despite the illusion of power that democracy frequently provides, we are merely tenants in someone else's industrial park. We lacked the combined power to rebuke the devastation visited on our park, but we cannot allow that to justify the greed of other individuals to erode this public commons that is arguably one of this city's most noteworthy assets. The City of Saint John has not been a steward for the park. There may have been a blessing in disguise in that there has been little development in the far end of the park, leaving it as wilderness. That is a major attraction for large numbers of people. Land has V eer donated, expropriated and purchased in trust for the enjoyment and benefit of its residents. The primary guiding principle for park management is that the maintenance of ecological integrity must be the first consideration. A management plan would establish an approach for achieving the objectives of ecological integrity and public opportunities for understanding, appreciation and enjoyment in Rockwood Park. Public Consultation Trust and Transparency The city hired an independent consultant to lead the public consultation so that there would appear to be no bias in this issue. Much time has been spent listening to me as an individual and also as my position on the board of Friends of Rockwood Park. I do appreciate that. However, I have concerns with the speed with which this consultation has taken place. Only a month was given for the public to think about what should be said and to put thought to paper. Out of that month, one week the consultant was away from 246 the province leaving just 3 weeks to ask questions and formulate opinion. Then the consultant has about 2 weeks to write his Professional Opinion and make recommendations. This study process is very rushed. It would make more sense for the study to be completed as a part of Plan SJ, the proposed new municipal plan. It would also make more sense to wait until Leisure services completes its recreational needs study. The two two hour sessions on March 10 did not allow time for true meaningful discussion on the use of city owned land along Sandy Point Road. It would have been better for true public input to have had the questions before the sessions and to have known the format that the consultation would take. There definitely should have been a microphone. Several people had great difficulty hearing presenters. Despite the overwhelming belief that this city owned land is within the Rockwood Park boundary and should NOT be used for housing, the questions from the public on what the park boundaries are still have not been addressed by the city. City employees at the public session would not answer the question. This question has to be answered before there can be any discussion on land use along Sandy Point road and before the city even considers this land as surplus to its needs. There is a of lack of trust of planning staff, of some city employees and of some members of Common Council because the public has been left in the dark regarding decisions made in the past regarding the park. For instance regarding lot #1671 Sandy Point Road, in 2003, 3.3 hectares of parkland located near Harrigan Lake was clear -cut by the City. Then a hillside was blasted, tons of fill was used to fill in a stream and a wetland during road construction in 2005. This was done without first consulting the area residents and there was nothing we could do to stop them. Who made the decision? Why was the street built ? Were appropriate permits received from the Department of the Environment under the Clean Air Act and the Clean Environment Act? Has the city of Saint John sold this property to a developer? . Allowing a street to be constructed and a housing development on this parkland property would indicate a distinct lack of stewardship of the park. My definition of stewardship is related to the environment, the concept of responsible caretaking; based on the premise that we do not own resources, but are managers and are responsible to future generations for their condition. Supporting any 'land use of this property without consideration of the detriments to the park is abdicating responsibility and breaking public trust. The City, along with the consulting firm ADI, posted an ad for the public consultation process for March 10, 2010 in the Telegraph Journal on Feb 24th as "Sandy Point Road Planning Study ". Unfortunately, the ad didn't mention that this city -owned land is mostly what most Saint Johners think of as a part of Rockwood Park. One of the primary objectives of this study is to define the boundaries of the park within the study area. If people knew Rockwood Park was a component of the study, it would likely heighten community interest. 247 The Rockwood Park Advisory Board has the responsibility for overseeing activities and development in the park. This body is supposed to be stewards of the park. There has been no public statement from them on either where park boundaries are or their position on this issue. They in fact represent the public. Where have they been? There are at least two members of Common Council on the Board. The public needs to know their views before any decision by council is made. Leisure Services is responsible for the day to day operation of the park. Another study on Trails and Bikeways is being conducted at this time. Also being studied are the recreation needs of the public. These studies have not been completed. It would seem to me that the results of these should be incorporated into your study. SOME QUESTIONS ABOUT TRUST TO CONSIDER: Why did the City choose this particular boundary line for the study? Particularly, the boundary line that extends into Rockwood Park - Does this boundary line represent anything in particular within Rockwood Park, or was it just a line that was arbitrarily drawn? Why was Rockwood Park (and determining its boundaries) not identified in last week's Ad for the March 10`h public consultation? This is clearly stated as one of the purposes of the study yet the public is not aware that this study affects the future of Rockwood Park. Why doesn't the City undertake a ROCKWOOD PARK study that clarifies its boundaries and describes design guidelines, FIRST and BEFORE considering land use that borders the Park? Why is the public consultation period so short and so poorly advertised? Is the City avoiding meaningful consultation? The city of Saint John as recently as December 15, 2008 and again in February 9, 2009 have agreed to The Integrated Community Sustainability Plan and The Corporate Strategic Plan which emphasizes sustainability in everything the city does. From Page 24 of The Integrated Community Sustainability Plan, here are some of the listed principles: • Principle 4. Respect Saint John's natural ecosystems by acting as a custodian for the biodiversity and natural ecosystems of Saint John and protecting and restoring them. There are small streams leading into the lakes of the park. A housing development on the edge of Lake Harrigan is not, in my opinion, respecting the ecosystem. • Principle 5. Model the development of Saint John on the characteristics of natural systems. • Principle 6. Strive to minimize Saint John's ecological footprint. Already industry and commercial interests that destroy wetlands are obligated by legislation to 248 restore a wetland in another part of the city. Why destroy the wetland in the first place? Principle 7. Establish a systematic process of continual improvement, based on action - planning, accountability, transparency and good governance. The sale and proposed change in use of this property defies planning principles, indicates little accountability and very little transparency. Apparently the city has a Master Plan for Rockwood Park. How does the development of this property adhere to the Master Plan? Sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It means integrating the environment with the economy, it means protecting ecosystems, it takes into account the environmental and natural resource costs of different economic options and the economic costs of different environmental and natural resource options, it means preventing any kind of pollution and it shows respect for nature and the needs of future generations. Respectfully submitted Joan Pearce, March 24, 2010 J 249 14 PPf�o d,X The quoted sections which follow have been taken from The Rockwood Park Integrated Management Plan, a forest study done in 2005 by Charlene Urqhart a summer student and graduate of UN13 Forestry. Ms. Urghart has articulated the need for environmental sensitivity and the real value of Rockwood Park. "Rockwood Park has a diverse combination of wetlands and forestlands. Many bogs, swamps, and marshes may be found in low lying areas at times giving way to streams or lakes. Higher elevations are home to both tolerant and intolerant hardwood stands, as well as softwood and mixed wood stand types.... Nine lakes, several of which are connected by a system of streams with well defined channels, help form the vast watercourse network in Rockwood Park. Many ephemeral streams are found through the park. These streams run during the spring melt, and commonly dry up during the summer months. They may also serve as important watering holes for wildlife during the wet season, but do not serve as fish passages. During an unusually wet summer season, these streams may continue to run. Some of these streams may have defined channels in areas where spring runoff is substantial, however many of these streams do not have well defined channels. Many cliffs and caves, formed from impressive rock outcrops and exposed bedrock, can be found through all forest types in the park. Many stream beds cut through rocky terrain, and several lakes are almost entirely contained within a variety of rock types including limestone and granite (Clayden, 1987)." "Park Value The full value of parklands is described simply as "the sum of the interactions of the intrinsic values of the resource itself plus the myriad instrumental values assigned by humans (Putney, 2003). There are many intangible values associated with parklands. Intangible values include instrumental values; a means to an end, and intrinsic values; an end in itself. Intangible values are those which can not have a dollar value directly assigned to them, and are often difficult to fully understand and appreciate. In the article Perspectives on the Values of Protected Areas (Putney 2003), a list of the most common intangible values associated with parks defined by the World Commission on Protected Areas (WCPA) was included. The WCPA defined 11 general categories of intangible values. These included: recreational values, spiritual values, cultural values, identity values, existence values, artistic values, aesthetic values, educational values, research and monitoring values, peace values, and therapeutic values. Several benefits come as a result of these values. The article Recreational Values of Protected Areas (Shultis, 2003), cites several studies pertaining to benefits of parks and natural areas. Specifically, a study completed in 2000 by Roggenbuck and Driver identifies the taxonomy of wilderness benefits, and a study by Driver and Burns done in 1999 identifies the benefits of leisure activities. An analysis of these studies resulted in a list of benefits resulting from intangible values of parks, listed here:- Developmental, Therapeutic/ Mental Health/ Physical Health,- Social Identity, • Spiritual/ Cultural,- Aesthetic,- Educational, .Environmental,- Economic Rockwood Park is no exception, and the benefits of these values can be seen. For example, Rockwood Park is used by many students to collect data for school projects. The summer of 2005 saw students collecting data on park usage. Traffic monitoring 250 devices were located at several locations in the park. The aesthetic benefits of Rockwood Park are proven by the numerous people photographing different areas of the park. The social benefits of the park are also evident by the number of individuals who meet with their friends and family at the park as well as the special events that take place in the park. The many intangible values of Rockwood Park contribute to the overall quality of life in the Saint John area. Quality of life has been used to describe many different aspects of life, however, often times it is directly associated with recreation, parks and open spaces (The Trust for Public Lands Publications: Business Relocation). Quality of life in a community is very important to not only the individuals currently receiving the benefits on a daily basis, but to other aspects of the community environment as well. Rockwood Park contributes significantly to the quality of life in the Saint John community. This can be seen by observing the interactions of the public in the park on a daily basis. It is also clear that proper preservation and management of Rockwood Park can play a key role in other areas such as tourism and growth and development. There are also some very significant tangible environmental values associated with trees, parks, and forests. Trees and plants are very good indicators for air and water pollution. Trees are also highly important when it comes to carbon sequestration; the removal of carbon from the surrounding atmosphere. Because of their ability to cleanse the environment of polluting carbons, they have become an important factor in minimizing climate change. Provincial and municipal commitment to climate change action makes conservation and and management of parks and forests more important than in the past. "Rockwood Park is a very large parcel of forested property, and proper management and conservation will ensure Rockwood Park remains healthy and productive acting as a vital carbon sink, which will significantly contribute to the reduction of greenhouse gases. In addition to the numerous intangible values and tangible environmental values associated with Rockwood Park, economic value of resources also exist. These include property value, as well as timber and non - timber forest products. These are values that can be assessed in terms of dollars are more universally understood. This is not meant to suggest that any of these resources be harvested or used for economic revenue, because they should not. Instead, these economic values are included as an alternate means to help individuals understand the enormous value of the park as an asset to the community. Ground Vegetation Data from the ground vegetation survey resulted in a list of over 80 ground vegetation species, from approximately 38 different families. These include shrubs, flowering plants, woody plants, ferns, mosses, lichens and liverworts. It should be noted that this is not a complete survey of the ground vegetation of Rockwood Park. This survey only includes vegetation that fell within the sample plot parameters. Many additional species can be found in the park, which do not appear in these survey results. Some of the dominant families found in Rockwood Park include the Lily, Aster, Honeysuckle, Rose, and Heath families. The species diversity in Rockwood Park can be attributed to the wide range of habitat types in the park. The lime rich soils for which Rockwood Park is known for provides ideal habitat for two rare forms of wild orchid. These include Pink Lady's Slipper and Yellow Lady's 251 Slipper. A photo of Pink Lady's Slipper taken in Rockwood Park is found in figure 1 1. These delicate flowers are very susceptible to disturbance and decreased orchid populations in parks and other public areas can be attributed to over - picking (Hinds, 2000). Healthy populations continue to thrive in Rockwood Park despite the fact that several clustered populations occur along side the heavily used NB Trail. The stream beds and stream banks found in Rockwood Park also create habitat suitable for a variety of species with specific nutrient and moisture requirements. An isolated population of what is thought to be Jack -in- the - Pulpit was identified on a stream bank located not far from the south -east boundary of the Cherry Brook Zoo, near an indistinct extension off the Owen Lake trail. Wild Calla was also found in the slow moving stream connecting Long Lake with Owen Lake. Both of these are known to cause skin dermatitis. Several other species that may cause contact dermatitis, photosensitization, or photo dermatitis were identified in the park. These include Pink Lady's Slipper, Yellow Lady's Slipper, Red Baneberry, White Baneberry, and Beaked Hazelnut (Hinds, 2000). Mature coniferous and deciduous stands with thick canopies allow small amounts of light through to the forest floor and provide the shady habitat required to grow Indian Pipe.This is a unique plant belonging to a very small family of only three species. The uniqueness of this plant can be attributed to the fact that the stem and flower are whitish and appear translucent. The colouring of this plant is explained by the lack of chlorophyll, the chemical responsible for photosynthesis making plants green (Hinds, 2000) A variety of species can be found in the well developed and undisturbed bogs of Rockwood Park. These include specific bog species such as Lambkill, Rhodora, Labrador Tea and Leather Leaf. Carnivorous plants such as the Pitcher Plant and Round Leaf Sundew may also be found scattered through bogs in Rockwood Park. Visual and auditory observations of wildlife and their indicators were also recorded. Eight species of mammals are known to currently inhabit the park. These include deer, porcupine, skunk, hare, chipmunk, squirrel, woodchuck and raccoon. These were identified based on either direct animal observation, or observation of scat, tracks, or other distinctive activity. Evidence of past beaver activity was present, and indicators of possible recent, but not current, moose and bear activity were recorded. Twenty -five bird species were identified. These species included various song birds, water fowl, and birds of prey including eagle and hawk. Small numbers of both amphibians and reptiles were also recorded. These include 3 species of frog, the Eastern American toad, garter snake, red back salamander, and common snapping turtle. Continued management will help discover the true value of Rockwood Park and develop the potential of Canada's largest municipal ap rk " 252 J 88 Bedell Ave., Saint.Fohn, N.B., E2K 2C4, phone (506) 658 -1326, e -mail saueriwo c6 nb.syniDatieo.ea Hand delivered March 26, 2010 To ADI Limited Att.: Mr. Brian White Planner Re.: Sandy Point Road Planning Study / Your Questionnaire Dear Mr. White, I want to thank you again for e- mailing me on Monday your questionnaire. I am not so computer -savvy as to be able to print my answers and comments to the questionnaire in its windows and open spaces, and because I can often not read my own handwriting I will reply with this letter instead. The attached map is not detailed enough to enable me to identify features of "good park opportunities ", but I will comment below on opportunities along Sandy Point Road (SPR). I read your power points (PP) of the public consultation, and your Study seems to strife to get not only some more residences built along the SPR, but to find a rationale for housing developments within the 250 in strip along SPR, which right now is part of Rockwood Park (RP). I list my concerns in the following. This 250 in strip, to the best of my knowledge, was not mentioned in the August 2009 motion by Common Council, which started the SPR Planning Study. In any case, how was it established? MAP 2 of your Technical Background Report (TBR) shows a division of RP into City Land and Trust Land which, I submit, is a classification which has been newly introduced and which requires a legal opinion explaining how this division can be reconciled with the Legislative Act of 1893. This Act established RP by acknowledging the Horticultural Association's ownership, and when the city acquired in 1967 all of RP from the Horticultural Association, the conditions of the 1893 Act flowed through to the City and govern, in my opinion, also additional lands which the City acquired for RP. The only exception, as I see it, would be lands within RP which are either still privately held or which the City acquired for the specific purpose of land development. I have asked for the information how the City acquired the so called city -owned lands and, I suggest, this info has to be part of an unbiased Study, as is a legal opinion concerning the 1893 Act being applicable to the whole RP. As to the boundaries of RP along SPR, I talked to people who live along the SPR. Generally they think that the RP starts where their lots end. Most of those families have lived there for generations, and many have sold property or have had property expropriated for the assembly of RP. They assumed that in places where there are no residences that the RP goes right up to the SPR. 253 The question if and how to access RP from SPR , as posed in your PP, is a bit unrealistic. Nobody will now or in the future walk (there are no sidewalks) to an access point into RP along the SPR, especially not "the Young, the Elderly and the Infirmed ", who would presumably drive or be driven, which would need parking lots with lighting, toilets, trash cans, benches etc., for which the City does not have the money. So let's be a bit realistic and admit that for the above reasons such accesses seem to be unsustainable. But conversely, the need to restrict access to the RP in order to have control over vandalism in the park is real, and protection from vandalism can not be provided by the "Eyes on the Park "of your PP. To the contrary, the people living close to such access points would be greatly inconvenienced by the goings -on at night and could also be intimidated and/or terrorized by its perpetrators. A row of residences along the SPR with no organized access to the RP in between the lots would probably prevent such a scene. The moment housing developments extent into the 250 in strip of the Study it will become difficult to protect the RP from vandalism because access control is lost. There exist presently three entrance points to the RP: at the Lily Lake Pavilion, close to the Zoo and from the Hawthorne Ave. Extension. There is ample parking a short distance from Hawthorn Ave, Ext., but the parking lot at the Zoo could probably be improved, and also at the Pavilion and beyond more parking spaces are needed on occasion. I am in the RP quite often, and I have heard no visitor clamouring for more access points. The existing public amenities can be easily walked to from the large Hawthorne, the smaller parking lots along Lake Drive and the ring road around South Fisher Lake, and the rest of the RP is and should remain a wilderness park. In an address to the Standing Committee on Private Bills on May 10, 2007 the City Solicitor, Mr. John L. Nugent, confirmed this "wilderness" by stating that "the large portion of this park, which is wild lands, remains under the management and direction of the Horticultural Association ". With the Golf Course, the Driving Range and the Zoo no further'amenities' are needed along the SPR to "make RP a better Park for ALL SAINT JOHNERS" (your question- naire). What improvements to other parts of the RP should be contemplated and done is outside the scope of this Study, but certainly the Pavilion, the Interpretation Centre, the Children Playground, the Barn and to a certain degree even the Trailer Park enhanced the use of Lily Lake and Fisher Lake (i.e. the most accessible part of the Park), but maybe a developed tenting area in the wilderness part and a few more wilderness trail -Z would compliment the values of RP. To start Housing Developments in the 250 in strip of the Study will bring some money to the City and benefit some developers, and the owners of in -park housing will also be conveniently close to the Golf Course, but this will definitely not "make a better Park for ALL SAINT JOHNERS ", and such "optimum use" will spread to those additional lands within the RP beyond the 250 in strip which promise profit to developers, and this will be the beginning of the end of RP as it was established by the 1893 legislative Act. I have complained about the lack of discussion after your PP presentation at the public consultation. Much of your presentation should have been discussed and some misunder- standings could have been avoided. An important opportunity was lost. I do not want to 2 254 dissect your whole presentation, but your Slide #23 actually is the questionnaire, and this, I felt, entitles me to take the liberty and comment on a few of your slides: Slide #4 talks about discussing opportunities along SPR. No discussion happened. Slide #9 talks about mixing urban development and wilderness areas, but we were not told if and how this was achieved in the other 5 parks you name. Slide #13 shows the Blue Mountain Park with a'Stewardship Community" outside its edges but no invasion into the park by developers with row - housing and high -rises. No definition for a "Stewardship Community" was offered, but I would suggest that local groups like SPRNG and FORD are certainly acting as stewards for RP, and you probably have or will receive their comments. Slide # 14 shows the Acres 1988 RP Master Plan, and I am surprised that it was included in your presentation. It infringes upon lands governed by the 1893 Act and did not get any further consideration after is had been presented. Slide # 17 talks about "limited public access ". Please see my comment above; but than it states "fully serviced ", and I think this touches on the main issue of the Study. A lot of money was spent for water and sewer lines along SPR either without a proper cost- and revenue study, or it was all along planned to sell part of RP to developers, and this was facilitated by creating City- and Trust Lands, and so to eventually recover the "fully serviced cost" by sacrificing parts of R.P. Slide #20 talks about green spaces adjacent to residential homes. This is a requirement of the City By -Law for housing developments, and it is routinely circumvented by the developers who pay the City some money instead. The same will happen with developments in RP, because those residents can walk out of their back yard right into RP. Unfortunately, this does not apply to the public at large and does not "make RP a better Park for ALL SAINT JOHNERS ". The questionnaire asks for examples where development compliments the values of RP, and refers to examples of homes, buildings or architectural designs which reflect the character of RP. I would like to point out that RP has several functions: It provides easy access to Fisher- and Lily Lakes and to the Children Playground, the Barn and the other amenities I mention above for families, many with young children, who have no time nor money to otherwise enjoy the open air in a park -like environment. And RP also provides, in the middle of Saint John, a place where one can find solitude and the enjoyment of nearly undisturbed wilderness with its wildlife and fauna, a good place to re- charge one's energies and to contemplate in peace and quiet. It is also a place for rigorous walking, jogging or mountain- biking in the wilderness. It is a place for many things to many people, and none of them needs the development of homes, buildings etc. in RP to compliment the park's values. They know and value the park as it exists. It should be left alone to be enjoyed by ALL SAINT JOHNERS. 255 3 691 Page APPENDIX B - Rockwood Park Design Guidelines The City of Saint John is interested in innovative proposals that lead to the thoughtful development of sites along the Sandy Point that maximize the public access to Rockwood Park. Saint John in turn now looks to the design community to deliver excellence and creative solutions that meet or exceed the public's expectations. Mediocre design, poor quality building materials, and poor craftsmanship are not worthy assets to accompany one of Saint John's most precious public resources. Design guidelines determine the minimum expectation and provide the City of Saint John with new criteria from which they can evaluate proposals based upon the development's ability to do the following: • Maximize pedestrian and park user activity; • Provide a range of park amenities, landscaping and streetscape infrastructure that improves the immediate area through an increase in pedestrian traffic through to Rockwood Park; • Exemplify quality in architecture and building materials; Examples of well designed communities that exemplify a greater respect for natural amenities while incorporating park like residential design guidelines include such communities as; Banff, Alberta; Regatta Point, Halifax; Issaquah Highlands, Washington; High Point, Seattle; Centreville, Tallahassee, Florida and Conover Commons, Redmond, Washington. Additionally, the federal government of New Zealand has taken the approach that urban design of buildings, places, and open spaces will make their communities more successful and enhance quality of life of their residents. The New Zealand Urban Design Protocol publishes identifies seven essential design qualities that together create quality urban design: • Context: seeing .0 Figure 16 - Example from "Good Solutions Guide For Medium Density Housing, New Zealand, April 2007 buildings, places and spaces as part of whole towns and cities • Character: reflecting and enhancing the distinctive character, heritage and identity of our urban environment • Choice: ensuring diversity and choice for people • Connections: enhancing how different networks link together for people • Creativity: encouraging innovative and imaginative solutions • Custodianship: ensuring design is environmentally sustainable, safe and healthy • Collaboration: communicating and sharing knowledge across sectors, professions and with communities Statement of Professional Opinion 256 Sandy Point Road Planning Study - house fronts werb.kwE the perk L mailer - -sway snd driveway areas ses front {ng (he T - -- �r. park Figure 16 - Example from "Good Solutions Guide For Medium Density Housing, New Zealand, April 2007 buildings, places and spaces as part of whole towns and cities • Character: reflecting and enhancing the distinctive character, heritage and identity of our urban environment • Choice: ensuring diversity and choice for people • Connections: enhancing how different networks link together for people • Creativity: encouraging innovative and imaginative solutions • Custodianship: ensuring design is environmentally sustainable, safe and healthy • Collaboration: communicating and sharing knowledge across sectors, professions and with communities Statement of Professional Opinion 256 Sandy Point Road Planning Study 701 Page "Rockwood Park Style" The design approach to development along the Rockwood Park should reinforce the park's identity in the same fashion as communities in many of Canada's National Parks are held to high standards. Communities such as Banff control through their Municipal By -laws specific architectural styles and emphasize the development of strong design principles that reinforce the unique character of the national park. Rockwood Park's profile within the region requires that great diligence be taken when evaluating proposals such that the quality of new buildings will equal the quality of the park's natural beauty. The creation of a "Rockwood Park Style" through Design Guidelines implemented within the City's Land use By -law will help create a uniquely New Brunswick community that demonstrates Saint John's respect for the abundance of nature in the city center. Design Guidelines are not rigid rules to bring about a single architectural vision. Rather, Saint John's insistence on design quality will demonstrate our expectations that will assist developers, designers, City staff, Common Council. The removal of uncertainty provides a clear indication of the standard expected, and the framework for preparing solutions. Design Guidelines should be implemented as mandatory performance requirements within the realm of municipal plan policy requiring discretionary approval from Common Council with respect to individual development proposals. The importance of the specific guidelines will vary for proposals since there are many ways of addressing each guideline, therefore individual applications should be evaluated on their own merits. The City of Saint John should consider preparing new zoning requirements that would require each development proposal to be evaluated by Common Council. Utilizing the intent behind the design guidelines, the public can comment on and Common Council the discretionary approval over whether the objectives of the design guidelines have been met. The establishment of a "Rockwood Park Style" should relate to common design themes such as: Sensitivity to Nature Buildings should have a direct connection to their natural environment, either through the shape and scale of the building, use of natural and native materials. Statement of Professional Opinion Sandy Point Road Planning Study 257 711 Scale Scale is the relative size of one thing to another, e.g.: the relative proportion of a building to humans, to the site and neighbourhood, to its community, and to its larger natural setting the Saint John River. Framed Views The area along the Sandy Point Road contains existing and potential view corridors into Rockwood Park that must be carefully considered in the detailed site planning of buildings. Special attention should be paid to framing the building to maximize views or minimize visual impact. Human Scale Even the largest buildings in and near Rockwood Park incorporate elements at street level which relate to "human scale" —for example, well- defined and sheltered entrances, canopies, porches, seating areas, and low -scale decorative lighting. In some cases the building base is also used to achieve this effect. Emphasis on Structural Expression An important characteristic that will create uniqueness around Rockwood Park is the expression of structure on the exterior of the building in the form of oversize columns, exposed trusses or brackets, stone pilasters, buttresses and arches, masonry lintels and sills, and exposed cross - bracing. Strong Roof Forms and Deep Overhangs A great variety of roof forms, usually sloping, in many configurations perform an important technical function in our harsh climate protecting residents from foul weather and preventing snow accumulation. Statement of Professional Opinion Sandy Point Road Planning Study 258 72 1 Distinct Building "base ", "middle ", and "top" Buildings have both a strong roof form and a strongly expressed building "base." Larger buildings often step back as they become higher, with the thickest walls (often stone or masonry) at the base. Some smaller buildings have a projecting second level, which also emphasizes the ground floor as a base. On larger buildings, the base may be one or more storeys high. On smaller buildings, the base is often just up to the window sill level. Attention to Detail The best buildings will display an obvious attention to detail by the designer and the builder. The buildings exemplify craftsmanship in the "fit and finish" and by using the quality materials in the right place, these buildings are meant to last. Relief and Texture Buildings make use of surface recesses and projections and strongly textured finishes and rarely incorporate "flat" facades. The majority of the building facades can be seen from a distance, the strong shadow lines gives the buildings facades depth and changes the character of the buildings throughout the day. This characteristic will provide park users with visual interest from distant views. Scale and Massing Larger buildings shall be divided into smaller masses by breaking up the building footprint, offsetting walls, shifting rooflines to vary height, and articulating building elevations. This guideline is intended to break up larger buildings, make them more compatible with smaller adjacent buildings, and create visual variety. Distinct changes in style, scale, and massing should be used primarily to highlight important features, land uses, or sites. Statement of Professional Opinion Sandy Point Road Planning Study 259 73 1 Height In order to balance the height of new buildings in character with the scale of the park the maximum height should generally not be greater than the maximum height of the mature tree canopy found in Rockwood Park. Typical species found throughout the park include species such as Eastern white -cedar which grows to heights of up to 16 metres or about 4 -5 storeys. Site Planning New residential buildings should not project too far into Rockwood Park but relate well to the Sandy Point Road and or new public streets. Rockwood Park shall provide the open space and recreational needs for new residents therefore the emphasis shall be on the provision of reduced front, side and rear yards. Large "rural estate" yards are not encouraged. Buildings should try and work with their site by stepping in plan and section, not ignoring slopes by incorporating large retaining walls, high exposed basements or extensive re- grading. New buildings shall endeavour to minimize cut and fill on sloping sites, retaining walls shall be "stepped" and landscaped. Building and Site Lighting Lighting shall be directed to the driveway, building entrances and walkways and shall be arranged so as to divert the light away from the park, adjacent lots and buildings. Landscaping The public's perception of a boundary around Rockwood Park should be reinforced with landscaping that evokes a cultivated natural image of the surrounding landscape. Decorative plantings should be provided around buildings that consist of native trees, shrubs and ground cover. Statement of Professional Opinion Sandy Point Road Planning Study 260 741 Page Streetscape Elements All proposed development shall adhere to the following streetscape design requirements: • Direct pedestrian access from the Sandy Point Road to Rockwood Park and related park amenities such as a viewing area with benches; • Provide street trees, bike racks, benches and other amenities; • Provide public art relevant to Rockwood Park to enhance the public's interest in the park. Environmental Protection Measures All new proposed development will meet certain basic design objectives as follows: Reproduce the pre - development hydrological conditions and utilize natural drainage systems to the greatest possible extent; Confine development and construction activities to the least critical areas of the site to minimize land disturbance; Minimize changes to the landscape by matching lot grading to the existing topography. Statement of Professional Opinion Sandy Point Road Planning Study 261 751 Page Appendix C- March 10th, 2010 Public Consultation Session Presentation Statement of Professional Opinion Sandy Point Road Planning Study 262 Sandy Point Road Planning Study Community Consultation Wednesday, March 10, zoio A � MI, , ►■ FFJ ADI Limited ATrow Global Company Agenda • Introductions • Meeting Purpose • Study Purpose • Project Principle • Background —10 minutes • Work Session - 45 minutes • Reporting — 45 minutes • Wrapup —Next Steps & Followup 264 • Planners practice in the public's interest and value both the natural and cultural environment. Introductions Canadian Institute of Planners Code of Professional Practice Purpose of this Meeting... K;11 Common Council desires development along the park edge be well - planned growth balancing the Park values with economic, environmental, and infrastructure considerations. PZ^.YA jJ. Wre 6 guiding the consultation process;' • "To develop public policy that will result in a safe, healthy and sustainable community by promoting and designing a vibrant urban form well integrated with the natural values of Rockwood Park ". 1 r.Xi i 44 Public Policy will address: K31.1 Greener? 0 `...compact cities are the most carbon GREEN M9ROPOLIS riendly. Concentrating more "" INu "IiNflambldil qu„ evelopment along the greenway u► ux Fiept 1r fusl�uaHlf awe awe -_„ ould: help the region decrease its eliance on the automobile, increase 1 ,. ,�' afety and user ship of the trail and increase property tax revenue to the _ ity. The key is balancing the concerns of esidents..." avi we n, A o • • • • T - A-(Wser, and Driving Less Are the Kevs to Pxill Canadian Park Land Planning 271 "The defining characteristic of a Canadian city of the future, one that has truly Canadian values associated with it, is a city that embraces this mix of urban development and wilderness areas... " Professor Martin Willison, PhD. School for Resource and Environmental Studies, Dalhousie University Rockwood is among the largest urban parks in Canada ■ Now JI ik Aim ♦ ♦ ♦ 1. ► �- A-VII JI JI I Planning Approach for large "regional scale" parks MI&I `LI Rt : at " ♦� f L.. j Lad*} • � ��I /t1 J l' l ate 1 � H1GrWAy 113 TI1.1BERLEA — _ 276 i • • ONO- Blue Entra Blue Birch. .4 Reg 1988 Rockwood Park Master Plan Rockwood Park Planning N&A 4 is XMIdernt- • itN�+-rcation arr�4 crivage rf • 4 _ F800 %V rNTY OF SAINT gvFN1e, N.Ne- X. " K zone Boundaries T J Rlfinning wr4 Feasibility Study Fig, 4,2 F$q M Vol no 0 Nel F. re. VA 5kre heavily wooded and very difficult to discern the actual park boundary; limited public — amenity with only single public trail head to access the park's inner core; The Rockwood Park / Sandy Point Road "EDGE" can be described as: 0 =00. contains sporadic residential development that typically fronts directly on the Sandy Point Road. Sandy Point Road /Rockwood Park well defined and well used highly programmed plenty of amenities historical heart of the park. r httpd? thec hronideherald ,caiHCl4 +11139032.html , IT} X I rGoogle File F.;,r View Favorites T -ok Help Favorites �� 'y A number € f years ago. to block the e because they dumping," any When people Parking signs W th ut prop( get in lo help park. he said. Steve Adams, regional councillor for Spryfield- Herring Cova, is frustrated by provincial inaction on improving access off OW Sambro Road to Long Lake Provincial Park. The St. &largarets Bay Road side ofthe park has. good access the Department of Natural Resources "decided Long _ake Provincial Park for constituents who five nearb�_, but that doesn't help residents near Rent a Private Villa with Pool in Perugia Northwest Arm Drive or Old Sambro and Assisi! 4j Done Local intraiet # - 1001 start o:% C:�WINDOWS�syste... Spectacular park so n... TheChronidel-ierald,c... p ? 1 [1Clb rn11 N DOFV! Istrated to Long k has Drive Example from Halifax aboatlof the lack of park access. 3o you live in an age -mend "...In Denmark, access to the outdoors is considered to be a human right. Access to green spaces, generally, must uc user-friendly Well- maintained parks and safe green spaces are to be built and maintained. Outdoor seating is to be available, as are public toilet facilitates. Sidewalks are required to be safe, smooth, level, non -slip and wide enough to accommodate wheelchairs and scooters..." i 5 F , 7 • Time spent in nature immediately adjacent to home helps people to relieve mental fatigue, reducing aggression. • Green space adjacent to residential homes become gathering places where neighbors form social ties that produce stronger, safer neighborhoods. 283 a,. Comm !'nit V Good planning can provide residents with a regular fulfilling natural experience that is., Regularly Accessible on foot on a daily basis from public streets, on sidewalks and through Accessible gateways. Safe and • Buildings face the park with windows toward the street and that frame the park and provide "eyes Secure on the park'. • Experiences for those who often can't access the core: the young, the elderly, the infirmed, etc. r # 3 t� 4V 1 Identify on the map any special landscape, lookoffs, historic, or cultural elements. � � Describe where the boundary along Rockwood Park is well defined. ' Give good examples of how the park boundary interfaces with private homes along Rockwood Park? t= Describe the quality of Rockwood Park's landscape along the Sandy Point Road. Are there trails, benches, facilities, and other amenities along Rockwood Park / Sandy Point Road? Are there entrances to the Park? Are the entrances safe and inviting gateways into the park? Are there examples where development (existing and proposed) compliments the values of _. Rockwood Park? If so how exactly? Does existing development reinforce the character or values of Rockwood Park? Give examples of architectural design features reflect the character of Rockwood Park? Next Steps 1. ADI will prepare a Statement of Professional Opinion. 2. City Planning Staff will review ADI's report. 3. Staff will prepare a recommendation report to Common Council to implement any proposed changes to the Municipal Plan and or Land Use By -law. 4. Common Council may direct Planning Staff to initiate (or not) the process for implementing any proposed changes. 287 Follow -up with Brian White A w� Email: blwhite @adi.ca Am& LF Li Office: 520 Somerset Street Phone: 646 -8020 288 ADD Limited Arrow GlobaI company Thank you P1:14.1 REPORT TO COMMON COUNCIL M &C2010 -211 June 28, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: Update on Bridge Road - Simms Corner - Fairville Boulevard Corridor BACKGROUND Since the last update to Council on April 12, 2010 there has been considerable progress made on finalizing the alignment plan through the corridor and securing key land parcels necessary for the project to proceed. One of the directions arising from that meeting of Council was for staff to report back in May on land issues. Staff has met a number of times with representatives of the property owners along Bridge Road — JD Irving Limited and Irving Pulp and Paper Limited — and exchanged plans and information on this project, and complementary projects on adjacent sites. Discussions have been productive and a better overall corridor design has resulted, taking future development of the area into account. This report will update Council on the current status of the Bridge Road -Simms Corner- Fairville Boulevard project, and recommend an action plan for proceeding. ANALYSIS Council endorsed the "Corridor Upgrade" option for Simms Corner at their meeting of July 3, 2007 from among four options considered by the engineering consultant, Terrain Group Inc. This conceptual plan has been what has guided staff and the consultant in developing more detailed horizontal and vertical alignment plans for the corridor, and communicating with various stakeholders. The concept was presented publically on May 28, 2009 at a West Side Retail Development Forum hosted by Enterprise Saint John. Phase I was completed in 2009 on Fairville Boulevard from Catherwood Street intersection to above the main entrance to Lancaster Mall, and staff has continued negotiations with Counsel Corporation to acquire lands needed for right of way widening in Phase II of the project along Fairville Boulevard. The focus of activity since the update to Council has been refining the vertical and horizontal design of the roadway corridor for Phase II of the project, from the Reversing Falls Bridge 290 M &C2010 -211 June 28, 2010 Page 2 through Simms Corner to connect with Phase I on Fairville Boulevard. The design (attached to this report) provides for traffic lanes and signals to efficiently handle forecast vehicle traffic volumes, and sidewalks and bicycle lanes on both sides. Staff engaged with representatives of JD Irving Limited and Irving Pulp and Paper Limited (IPP), and key elements from an engineering study performed by ADI Limited on behalf of IPP have been incorporated. The result is a better corridor design overall, with a new entrance and access road to the mill site, providing for much improved access and egress. Property Acquisition In the process of refming the design, private lands needed to construct the project and public lands that will become surplus as a result have been identified. Subject to final design details, title search and subdivision survey plans, approximately 2.9 Acres ( + / -) of private lands are required to create sufficient public road right -of -ways /services easements for Bridge Road, Lancaster Avenue and Main Street West to construct the project as designed. When constructed, approximately 1.28 Acres ( + / -) of existing public road right -of -way will become surplus. In discussions between the parties, an exchange of these lands, without consideration was suggested as a means to facilitate construction of the project. This direction would obviate the need for formal property appraisal, and associated time and expense for such an undertaking, and is supported by staff. The Bridge Road - Simms Corner - Fairville Boulevard Corridor is a Provincially Designated Highway (PDH) and, as such, the suggested land exchange would need to be approved by the Province. Formal appraisals could be arranged if necessary. Public right -of -way lands would need to be stopped up and closed in any event, or by some other process for the existing (Provincial) Bridge Road right -of -way, prior to being exchanged, something that could probably not occur until the new road was constructed and in service. Staff will follow up with Provincial staff on the proposed land transactions. There is an understanding and agreement between the parties on the design configuration, and that lands necessary to support construction to this plan will be made available. Schedule The nature of the project lends itself to a phased approach. Terrain estimates that final design could be completed by October of this year and tenders could be called for construction work to begin in 2011. However, the Saint John Harbour Bridge refurbishment project is scheduled to continue in 2011 and it is important to schedule construction work in this corridor so as not to exacerbate traffic congestion resulting from the Harbour Bridge project. There are certain off - road construction activities that could be undertaken in 2011. The retaining wall needed to support widening of Fairville Boulevard above the Lancaster Mall is one example; excavation, wall construction, and re- location of an existing oil line on the former Centracare property is also a possibility. However, there are also other necessary projects, including work on Reversing Falls Bridge as well as the installation of new watermains on the Reversing Falls Bridge that will have to be considered when scheduling this project. 291 M &C2010 -211 June 28, 2010 Page 3 Street work in the corridor and on Simms corner itself could not be scheduled until sometime in 2012 (once Harbour Bridge refurbishment project is completed), and could be phased to suit the most effective construction sequence, and/or to availability of funding. Funding As reported in the previous update to Council, the price tag to complete Phase II of this project is in the millions. Terrain has updated their original project estimate to $13M for the purposes of this report, including an estimated $1.2M for re- location of the oil pipeline, something that was not included in previous estimates. Terrain is refining components of the overall estimate and will have more accurate figures shortly based on the current alignment plans and roadway design. Construction estimates will not be possible until final detailed design plans are completed. The $13M figure is a high level estimate to be used for budgeting purposes, based on current unit pricing for estimated quantities. The estimated cost is very significant, and something the City of Saint John cannot afford given all of the other priority infrastructure needs facing the community. Funding from other levels of government, especially the Province considering that the corridor is part of Provincial Designated Highway (PDH) 100, will be required for this project to proceed. Major refurbishment of these roads are a Provincial responsibility, but funding constraints and their impact on the condition of this and other PDH's , have led the City to adopt a 50150 cost sharing arrangement with the Province to try and move projects forward. In fact, the City of Saint John completed Phase I of this corridor project last year at a cost of $3M, with no contribution from the Province. The total cost of the overall corridor project is $16M, given the current estimate of $13M for Phase II. A 50150 cost sharing of this amount is $8M, a very large amount for the municipality to fund. Since the City has already contributed $3M in funding Phase I, the potential contribution to Phase II could be another $5M, still a significant amount for this community, with the remaining $8M contributed by the Province. A funding formula that will work must be established. CONCLUSION Conceptual design and vertical and horizontal alignment plans for the corridor have been finalized and detailed design can proceed. The corridor has sufficient travel lanes and signals to move current and forecasted vehicle and bicycle traffic safely and efficiently. There are sidewalks and grass medians between sidewalk and curb on both sides. Staff has followed up with property owners and key property parcels will be made available for the project. In the final analysis, funding determines if and when any project proceeds. In order to advance the re- construction (Phase II) of the Bridge Road- Simms Corner- Fairville Boulevard Corridor funding must be committed. Can the City and Province commit to a funding formula and agreement that would begin with some initial construction in 2011 and continue until the project is completed? 292 M &C2010 -211 June 28, 2010 Page 4 A refined estimate of the cost of each component of the work is underway to establish a projected construction schedule and related cash flow profile. At this point further discussion with the Province is critical. Provincial Department of Transportation staff needs to be briefed and it would be timely to schedule a follow up meeting with the Transportation Minister to update he, and his senior staff, on the status of this project. INPUT FROM OTHER SOURCES This report has been discussed with Planning and Development and Real Estate staff. RECOMMENDATION It is recommended that Common Council: • Direct staff to: • Review cost implications and propose a funding formula; • Follow -up with NBDOT staff on land discussions to date for their input and authorization of the proposed land exchange to facilitate the project in advancing; • Continue current land acquisition processes; • Seek Provincial cost sharing and approval to initiate detailed design process to be undertaken by the consultant; • Contact local utilities (SJ Energy; Enbridge; Maritime and Northeast; NB Power, Irving Refining (Oil Pipeline), Bell Aliant, Rogers Telecom and begin discussions on locations and re- locations of existing facilities in the corridor, and begin necessary regulatory processes; • Request the Mayor to contact Transportation Minister Landry for a status briefing; • Receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 293 W J Z 99 } J :17 J CC IL IL _ LlO �) W z w Q W 4Jr � r if .rte' f_ t lip 1 r 4' gas dr- do r i dw Y L N{ Aw Ply\ a ;tg LA lee r� oil . . _ W 1 GNP ¢. 4w 40P 46 dEm 'Me, 'Mm"I'MwEb dMIS wom IY r tol t y � 1 k4d 'r Ilk f d jw AW 1 19 �1 i i 1 s t� 1 4L A. I Fff 4 ti ti ti 1 ti ti ti II �1 1 � Y ! + , r 1 1 1 l l L ._ ak S 1 e ■ IL I low 1p r d 0 .14 I � - r S IF u W W � N W � z W CL LLI � W Sm W J Z 99 } J :17 J CC IL IL _ LlO �) W z w Q W 4Jr � r if .rte' f_ t lip 1 r 4' gas dr- do r i dw Y L N{ Aw Ply\ a ;tg LA lee r� oil . . _ W 1 GNP ¢. 4w 40P 46 dEm 'Me, 'Mm"I'MwEb dMIS wom IY r tol t y � 1 k4d 'r Ilk f d jw AW 1 19 �1 i i 1 s t� 1 4L A. I Fff 4 ti ti ti 1 ti ti ti II �1 1 � Y ! + , r 1 1 1 l l L ._ ak S 1 e ■ IL I low 1p r d 0 .14 I � - r S IF REPORT TO COMMON COUNCIL June 29, 2010 M &C2010 -230 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: . The City of Saint Tohn SUBJECT: Update on Active Transportation Route: Harbour Passage Alternative BACKGROUND At its June 7, 2010 meeting Common Council resolved "that the City Manager suggest how feasible it would be to create a cycling /pedestrian lane on the southern side of the viaduct as part of an overall strategy to provide safe alternatives to Harbour Passage for cyclists and pedestrians. Any such plan must be achievable at a reasonable cost with safety the paramount concern. Further, the motion should not limit the City Manager's options: a general recommendation that may not include the southern side of the viaduct would be fine if it achieved the desired end." This report is City staff's response to this request. ANALYSIS Harbour Passage provides a convenient connection between the north end and central portion of the City for pedestrians and cyclists. Closing a section of this key active transportation route for extended periods in 2010 and 2011 requires the use of alternate routes to reconnect the areas. Pedestrian System The adjacent illustrates the recommended alternate pedestrian route during the closure of Harbour Passage, which includes Chesley Drive, Main Street, the Viaduct and Union Street. Staff has enhanced this existing pedestrian route in a number of ways. Signs have been posted at key connection points of Harbour Passage that communicate this alternate route. Red dashed lines have been installed on the sidewalks and crosswalks to illustrate pedestrian route. The annual traffic marking program was modified to ensure the crosswalks along the route were freshly painted. Fluorescent crosswalk signs have been installed at some locations to enhance the visibility of crosswalks. HarborurPmWOm . ftzWduportfenw.ftQa Please use alkwm4e mde, vd serrWn&—z h de 296 r� M &C2010 -230 June 29, 2010 Page 2 This recommended alternative pedestrian route includes the existing sidewalk that continues along the north side of Main Street and the Viaduct because the sidewalk on the south side ends where Main Street and the Viaduct meet. Pedestrians on the south side of Main Street must walk back to the intersection with Metcalf Street as this is the closest crosswalk, which can be considered a limitation in this pedestrian system. One option to overcome this limitation would be to create a pedestrian lane on the south side of the Viaduct from where the sidewalk ends to Union Street, as suggested in the above - referenced Council resolution. This is not a viable option as a very long crosswalk (approximately 45 metres) would be necessary at the eastbound off -ramp from the Harbour Bridge near the Red Rose Tea building (black line in the adjacent picture); the sidewalk does not commence again until part way along the adjacent Red Rose Tea building. Cost is also a factor; approximately $30,000 in concrete jersey barriers would be separation between the vehicle lanes and the pedestrian lane. required to create a physical A second option to overcome this limitation is to install a signalized crosswalk that crosses Main Street near the location where the sidewalk on the south side ends. Staff anticipates this option would cost in the range of $100,000 to implement and therefore this would not be considered a viable short term solution. Staff intend however to explore this option further in the future as a Transit bus stop on the north side of Main Street also generates crossing pedestrian traffic. During the time that Harbour Passage is closed, staff continues to encourage pedestrians to use the alternate pedestrian route, which includes the continuous sidewalk on the north side of Main Street and the Viaduct. Cycling System Although cyclists have a legal right to travel on Main Street and the Viaduct, there are no defined cycling facilities on this portion of the transportation system. In order to determine the feasibility of installing a cycling facility on this north -south connection, staff applied Transportation Association of Canada (TAC) guidelines, including the Geometric Design Guide for Canadian Roads and the Bikeway Traffic Control Guidelines for Canada. Staff also used extensive engineering judgment to assess options and to complete a design given many complexities such as the high vehicular traffic volumes and several on and off ramps on the Viaduct. Stakeholder input was also extensively sought as discussed further in this report. Cycling Facility Options Staff reviewed several options that would provide cycling options on Main Street and the Viaduct. Below is a review of the options that were assessed followed by the recommended option. 297 M &C2010 -230 June 29, 2010 Page 3 One option assessed was the installation of a two -way bike lane on the south side of Main Street and the Viaduct as suggested in the above -noted Council resolution. Bicycles are considered vehicles when travelling on a roadway according to the Provincial Motor Vehicle Act and therefore bicycles should not travel the wrong way on a road. A cycling facility that was physically separated from a road would be considered a bike path, which would permit two -way cycling traffic. Concrete barriers could separate the southbound lane that is adjacent to the curb so as to define somewhat of a bike path but extended breaks at intersections on Main Street and the ramps on the Viaduct would be required for crossing vehicular traffic and safety would be a real concern. A second option considered was the installation of 1.5 metre bike lanes along the curb on both sides of Main Street and the Viaduct. This option was dismissed primarily because the width of the vehicular lanes would become too narrow given the volume of traffic they carry therefore this option is unacceptable. A third option reviewed was the conversion of the two lanes along the curb from vehicle lanes to lanes that would be shared by both vehicles and cyclists. This option was dismissed because the volume of vehicles and concentration of truck traffic is too high to recommend shared lanes; safety would be a real concern. A fourth option evaluated was the conversion of the two lanes along the curb from vehicle lanes to wide bike lanes. This option is the preferred option and is the recommended approach with further discussion to follow. A fifth option is similar to the fourth except that the two opposing vehicle lanes adjacent to the centre median would be converted from the vehicle lanes to the bike lanes. This option removed conflict points between vehicles and bicycles at the off and on ramps encountered with the fourth option. However, opportunities for cyclists to access the bike lanes easily would be reduced as few crosswalks exist. Conversion of the curb lanes into bike lanes (option four — recommended option) would also create an enhanced buffer between vehicles and pedestrians on the adjacent sidewalks, which wouldn't be available with option five. Design of Recommended Option The recommended option to install cycling facilities on Main Street and the Viaduct is the conversion of the two curb lanes from vehicle lanes to bike lanes. A design has been completed that is based on the TAC guidelines, including white solid lines separating the vehicle and bike lanes, bike lane traffic markings, and various regulatory and caution signs for both motorists and cyclists. Staff does not consider this to be a typical bike lane installation. Main Street and the Viaduct are wide with multiple travel lanes and they carry a lot of vehicle traffic, including trucks. Several on and off ramps on the Viaduct exist in close proximity that do not require vehicles to reduce their speed significantly; bike lanes would be crossed by vehicles at these ramps. Although some bike lanes exist in the City, motorists may not be accustomed to sharing the road with cyclists. 298 M &C2010 -230 June 29, 2010 Page 4 Staff considered these challenges in the design of the bike lanes. In addition to the white solid line separating the vehicle and bike lanes, staff would recommend the installation of tubular bollards to further distinguish the two types of lanes. Staff has also developed custom warning and regulatory signs to communicate to cyclists that the conflict points exist at the on and off ramps and also designed an area immediately before each ramp for the cyclist to wait for safer gaps in vehicular traffic. In addition, staff investigated innovative solutions in other jurisdictions and would recommend the installation of solid blue painted bike lanes at these ramps. This surface treatment is used for example in Portland, Oregon, and was suggested by Active Transportation Saint John, and would further increase attention and safety awareness at these conflict points. Detailing how this option would work on the south side of Main Street and the Viaduct from Chesley Drive to Union Street also required a variety of site specific engineering solutions given different current uses of the curb lane and different potential conflict points between vehicles and bicycles. Transit bus lay -bys exist on the south side of Main Street at Place 400 and in front of the Fort Howe Hotel and access must be maintained. Fortunately, a wide 3 metre sidewalk exists in this area between Chesley Drive and Portland Street and therefore staff would recommend converting this wide sidewalk into a shared pedestrian and bike path. Space on this path for these two types of users would be distinguished by signage and a painted line down the centre of the sidewalk. Beyond Portland Street the on- street bike lane commences but must be interrupted for a 25 metre distance beside Portland Place to accommodate another Transit bus stop. Cyclists would be asked through signage to dismount their bicycle on the sidewalk just beyond the Harbour Bridge off -ramp beside the Red Rose Tea building to accommodate vehicle traffic, including large trucks, that would turn right from the Viaduct to Union Street to access Smythe Street. The solid blue painted bike lane would be particularly beneficial at the conflict area of this bridge off -ramp. Specific challenges requiring solutions for the bike lane on the north side of Main Street and the Viaduct from Union Street to Chesley Drive were also encountered. Cyclists would be asked through signage to walk their bicycle from Union Street to beyond the ramps to and from Station Street. The proximity of these two ramps and a Transit bus stop in front of the Mercantile building created too many conflict points to begin a dedicated bike lane until after these ramps. Another Transit bus stop across from Portland Place would also require an interruption in the bike lane for a 25 metre distance. On- street parking between Metcalf Street and Lansdowne Avenue is very important to adjacent businesses, which prevents the continuation of the bike lane in this section of Main Street. Staff determined as well there would be insufficient road width to accommodate two vehicle lanes, the parking lane and a 1.6 metre bike lane. Therefore cyclists would be asked to walk their bicycle from Metcalf Street to just before Lansdowne Avenue. Cost of Recommended Option Materials that would need to be purchased to implement the above - described plan would cost approximately $18,000 that were not considered within the approved 2010 Pedestrian & Traffic Management Service budget. The materials to be purchased include approximately 170 bollards, 299 M &C2010 -230 June 29, 2010 Page 5 29 warning and regulatory signs, and traffic paint to mark approximately 1900 metres of bike lane lines, 14 symbols and 240 square metres of solid blue bike lanes. Installation and then decommissioning when Harbour Passage re -opens in the fall would require approximately 160 person -hours of work. The cost of this labour, approximately $4,600, would be managed within the existing Pedestrian & Traffic Management Service budget. However concentration on this project, utilizing existing resources would negatively impact other levels of service such as the completion of the annual traffic marking program and general traffic sign maintenance. The bollards and signage could be re -used for the 2011 season. The cost of traffic paint material would need to be budgeted accordingly. Stakeholder Input Main Street and the Viaduct are part of the Provincial highway system and therefore support from the Provincial Department of Transportation (DOT) would be required to implement this initiative and input has been sought by staff. DOT is presently considering the recommended plan option and a response was not yet received at the time this Report to Council was submitted. Staff expect DOT to respond within the next two weeks and will follow up with Council. Active Transportation Saint John (ATSJ) is a community group that advocates for cycling and other non - motorized forms of transportation in the City. Members of this committee are also experienced cyclists and therefore staff actively sought their input into this challenging plan at a June 23rd meeting as well through follow -up interactions. ATSJ is in support of the recommended plan. Input from Saint John Transit was sought during a site meeting with staff on June 28th. Transit's feedback was important given the number of bus stops along Main Street and the Viaduct. A business, among several on the north side of Main Street between Metcalf Street and Lansdowne Avenue where on- street parking currently exists, was asked by staff how the removal of on- street parking for a bike lane would impact their business. Understandably, a representative of the approached business expressed that removal of this on- street parking would significantly impact them as no alternative nearby parking facilities exist for customers. Feedback from this business led to staff's recommendation that the bike lane on the north side of Main Street should be discontinued at Metcalf Street. Impact on Vehicular Traffic Vehicular traffic would be negatively impacted with this plan as two of the six current vehicle lanes on Main Street and the Viaduct would be converted to bike lanes. Staff engaged ADI Limited to conduct a capacity analysis to quantify the impact. ADI's final analysis was not available at the time this Report to Council was submitted. Staff will report to Council on the capacity analysis at the July 19th session of Council. 300 M &C2010 -230 June 29, 2010 Page 6 Staff would also recommend a speed limit reduction on Main Street and the Viaduct from 60 KM/H to 50 KM/H with this plan to further improve the safety of cyclists that would use the bike lanes. The reduced speed limit would be particularly beneficial at the Viaduct on and off ramps allowing for increased decision time and decreased stopping distance — necessary for safety reasons. Educating Transportation System Users These significant modifications to Main Street and the Viaduct would be new to both cyclists and motorists. As previously noted, cycling facilities are not common in Saint John. For these reasons, staff would develop a Communications Plan to assist in educating the various transportation system users of this plan with implementation. Next Steps Provided Provincial Department of Transportation endorse this plan and provided the capacity analysis presently being completed by ADI does not identify any serious restrictions and pending Council approval, implementation would take approximately six weeks to complete with four of six weeks required for procurement of the necessary materials. Therefore assuming all approvals are received at the July 19th session of Council it could be expected that full implementation would be completed around the first of September. Decommissioning would then coincide with re- opening of Harbour Passage. As of June 30, 2010 the Harbour Bridge Authority has reported that Harbour Passage is scheduled to be re- opened at the first of October which would leave approximately only 4 weeks for use of the newly established route. In light of the above, implementation of the plan should be considered for 2011 when Harbour Passage is once again closed. Staff will report back to Council at the July 19, 2010 session with responses from the Provincial Department of Transportation with their feedback on the recommended plan as well as with the completed capacity analysis presently underway by ADI Limited. RECOMMENDATION It is recommended that Common Council consider the recommended option and direct staff to report back at the July 19, 2010 session of Common Council with information updates from the Provincial Department of Transportation and from ADI Limited. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 301 J. Patrick Woods, CGA City Manager SAINT JOHN INDUSTRIAL PARKS McAllister • Spruce Lake • Grandview July 5, 2010 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Saint Jahn Industrial Parks Ltd. 15 Market Square, 10th floor, P.O. Box 1971 Saint John, New Brunswick E2L 4L I. T: (506) 658-4118 F: (506) 658 -2537 www.SaintJohnIndus trial.ca SUBJECT: Industrial Development and Real Estate Tax Revenue; Council has recently asked for more information about its investment in Saint John Industrial Parks (SJIP); what benefits are accrued through supporting SJIP with operating grants and capital. ABOUT SAINT JOHN INDUSTRIAL DARKS Mandate: SJIP's mandate is to develop the industrial park infrastructure to facilitate the sale of land and the improvement of sites, generating increased tax base as well as creating or retaining jobs. Core Function: SJIP's core function is to create industrial park infrastructure which enables the improvement of quality and quantity of both serviced, and in some limited cases unserviced land. Management: SJIP is managed by a part -time General Manager (who is also the City's Manager of Real Estate) and a Board of Directors. The Company has all the powers and capacity of any incorporated entity in the Province of New Brunswick. In 2008, Common Council added a position to the Real Estate 302 -2- division to allow the General Manager the opportunity to devote the majority of this time to the Parks. Assets: SJIP's assets consist of land including parcels purchased from Business New Brunswick in 2009 which are strategically located in east and west Saint John, each park with its unique selling proposition. Funding: SJIP receives funding from Common Council in the form of an operating grant which represents approximately 55 - 60% of its annual operating budget, as well as capital monies for infrastructure which typically vests in the City upon project completion. Raw Land to Developable Land: SJIP's core function of transitioning raw land to serviced shovel ready land is very expensive. This work includes, but is not limited to, engineering design and support, municipal, provincial (and in rare cases federal) permitting, right -of -way and site preparation, civil work, installation of pipes and underground amenities, installation of ditches, aggregate materials, asphalt and curbs, landscaping, as well as coordinating the hydro and communication infrastructure build -out to the site. Environment and Beautification: In recent times, additional focus has been placed on environmental considerations such as storm water ponds, consideration for wetlands /wooded wetlands and watercourses. These development challenges are very challenging and costly. Beautification initiatives improve the aesthetics of the park which protects property value and increases park desirability while at the same time displays environment stewardship. Value Added: Raw land when assembled in a single lot, or as contiguous parcels of more than 100 hectares often qualifies for a tax assessment of $100 per hectare ($40 www.SaintJohn7ndustrial,ca 303 -3- per acre), the lowest possible taxable real estate value applied by Service New Brunswick. The installation of serviced right -of -way can elevate the value of land significantly. SJIP's serviced land, with challenging topography, typically garners a minimum $35,000 per acre, however land on grade with the right -of -way and containing readily developable soils can command upwards of $75,000 per acre. Assessment Increase: Raw unserviced land generates approximately $1.95 per acre in tax base in its least developed state, and $3,660 per acre in its shovel ready serviced state. This is only the beginning. Land improved with buildings becomes an exponentially more powerful tool for generating tax revenue. ECONOMIC DEVELOPMENT IMPACT SJIP is the only developer of industrial land which is sold to the broader market in Saint John. This scenario is not atypical of many municipalities in Canada. The private sector typically does not play this role. Inventory of varying qualities and quantities of industrial land is key to attracting new industries, to grow existing industry or to facilitate the relocation of industry from inappropriate locations to appropriate locations within industrial parks. The location and attraction of industry to a community not only results in tax base assessment which is the only real source of revenue for the municipality but it also provides the necessary jobs which sustain a community's economy. Gainfully employed individuals buy goods and services which drives downstream economic spins. SJIP has improved and sold record volumes of land in the past 5 years, and more particularly in the past 2 years. Over that period there have been eleven new developments and two significant expansions. COUNCIL'S RETURN ON INVESTMENT In the past two reporting years (2008 -2009) SJIP has sold 245 acres. These sales represent a significant increase over the traditional sales productivity of 10 acres per year (120 acres sold between 1995 - 2007). There have been thirteen buildings constructed / expanded in the past 5 years (2005 - 2009), www SaintJohnlndustrial.ca 304 -4- eleven new buildings complimented by two significant expansions. More than 100 acres of serviced industrial land are also prepared for future sales and development opportunities. The above noted land sales and thirteen building improvements generate more than $250,000 worth of tax revenue to the City annually or $1.25 million over any 5 year period plus any increases in assessment. The City has invested approximately $600,000 in operating monies and less than $1.4 million in capital over the period of 2005 -2009. In a simplified mathematical analysis, the City receives an approximate 12.5% return on its investments to SJIP. The impacts that are much more difficult to measure such as jobs (man hours of work), retention and creation, as well as the downstream economic spin -offs, offer additional value to the City for its investments. RECOMMENDATION: That Common Council receive and file this report. Respectfully submitted, Saint John Industrial Parks Ltd. Claude MacKinnon, P. Eng. President w- n .SaintJohnlndustrialxa 305 ENTERPRISE SAINT JOHN J u ne 29h, 2010 His Worship Mayor Ivan Court and Members of Common Council Re: Council Request for Input — Industrial Parks /Renewable Energy Your Worship and Members of Council, We are writing to clarify and apologize for any misunderstanding with respect to Enterprise Saint John's input into Council's motion dated February I", 2010 entitled: Industrial Parks/Renewable Energy and referred to Enterprise Saint John and the Saint John Industrial Parks. Upon receiving the request from Council our staff met with Brian Irving of Saint John Industrial Parks to review and discuss. It was agreed that because the motion dealt specifically with industrial land that Saint John Industrial Parks would take the lead on drafting the report. Our staff subsequently reviewed a draft report and provided further input and feedback on two additional occasions. While we agree and support the final report (with the exception of the final sentence) submitted by Saint John Industrial Parks, our staff did not formally communicate that to Saint John Industrial Parks in time for the report being sent to Council. Enterprise Saint John would submit however that the statement in the last line of the report, "Enterprise Saint John did not take the opportunity to provide feedback or input as requested by Council" to be inaccurate and misleading. Grand Bay- Westfield • Quispamsis • Rothesay • St. Martins • Saint John 306 Again we apologize for the confusion on this issue and commit to responding directly to Council in the future. As the newly elected Chair of the Board of Enterprise Saint John, I look forward to meeting with you in the near future to review our draft strategic framework which was designed to complement and inform the Plan SJ Initiative, and to provide you with an opportunity for input and discuss how we can continue to enhance communication between Enterprise Saint John and Common Council. in erely, To&'Gg Chair Enterprise Grand Bay - Westfield • Quispamsis + Rothesay • St. Martins • Saint John 307 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E21, 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 7971 Saint John Nouveau - Brunswick Canada E2L 4L7 CHRISTOPHER WALDSCHUTZ Chair /President DAVID EMERSON Vice Chair/Vice Pr4fsident MARY- EILEEN FLANAGAN SecretarylSecrdtaire MAYOR IVAN COURT Commission er/ Commi ssaire DONALD F. CULLINAN Commissioner /Commissai re PETER MCGUIRE Commission er/Commissaire CHARLENE HAYES Commissioner /Commissaire WILLIAM G. REID Chief of Po licelChef de Police SHARON RIGBY Executive Administrator/ Secr6taire Administrative Teleph o n eIT0,4ph on e: (506) 674 -4142 Fax/felecopieur: (506) 648 -3304 E- maillCourriel: pr�l icec•nmmissi wt @ su in tjohn. ru SAINT JOHN Explore our past/ Explorez noire pass9 Discover your future/ Wcouvrez voire avenir June 28, 2010 Mayor Ivan Court And Members of Common Council PO Box 1971 Saint John, NB E2L 4L1 Your Worship & Members of Council: The Saint John Police Force has taken a proactive approach in dealing with road traffic resulting from the ongoing construction on the Harbour Bridge. This, as well as other road work, has increased congestion thus reducing the fluid flow of traffic. Much effort has been put into identifying areas of concern and potential impediments to a steady traffic flow. During the early stages of construction on the Harbour Bridge our traffic unit supervisor, along with a member of Municipal Operations, observed traffic flows via helicopter to identify issues of concern. Through our own observations and by listening to public suggestions, we were able to identify problem areas. Where possible signage was utilized and or traffic officers were assigned to specific areas to manually control the speed and flow of traffic. These actions, as well as information bulletins issued by the City of Saint John Corporate Communications Department, have had positive results. We continue to monitor and work closely with the proper authorities and the general public to minimize traffic inconveniences. Yours truly, Christopher Waldschutz Chair, Saint John Board of Police Commissioners 308