2011-05-24_Agenda Packet--Dossier de l'ordre du jour4
City of Saint John
Common Council Meeting
Tuesday, May 24, 2011
Committee of the Whole
If you require French services for a Common Council meeting, please contact the office
of the Common Clerk at 658 -2862.
Si vous exigez des services frangais pour une r6union de Conseil Communal, s'il vous
plan contacter le bureau de la greffiere communale a 658 -2862.
1. Call to Order
4:30 p.m. 8th Floor Boardroom City Hall
1.1 Property Matter 10.2(4)(c,d)
1.2 Employment Matter 10.2(4)(b,j)
1.3 Land Matter 10.2(4)(c)
1.4 Financial Matter 10.2(4)(c,j)
1.5 Legal Opinion 10.2(4)(f,g)
1.6 Agreement 10.2(4)(c)
1.7 Employment Matter 10.2(4)(f,g,j)
1.8 Legal Opinion 10.2(4)(g)
Regular Meeting
1. Call to Order — Prayer
7:00 p.m. Council Chamber
2. Approval of Minutes
2.1 Minutes of April 26, 2011
2.2 Minutes of May 9, 2011
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Police Commission: Request to Present CrimeMapping.com
(Recommendation: Refer to Clerk to Schedule)
5.2 Mary Schryer Request to Present Re Dalhousie Medical Program at UNBSJ
(Recommendation: Refer to the Clerk to Schedule)
5.4 Public Information Session Peel Plaza Municipal Infrastructure Upgrades
Project - Union Street (Recommendation: Receive for Information)
5.5 June 13, 2011 Council meeting on the Draft Municipal Plan ( Recommedation
in Report)
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5.6 Uptown Saint John - Facade Incentive Program 2011 (Recommendation in
Report)
5.7 Terms of the May 2011 Debenture Issue (Recommendation: Receive for
Information)
5.8 Tender for the Scott Air Pack Upgrade (Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 Proclamation: Jumpstart Day May 28th, 2011
7.2 Proclamation: Disability Awareness Week May 29th to June 4th, 2011
7.3 Proclamation: International Day Against Homophobia and Transphobia May
17th, 2011
8. Delegations / Presentations
8.1 Mixed Martial Arts (MMA) By -Law Proposal
9. Public Hearings
7:00 p.m.
9.1(a) Proposed Zoning By -Law Amendment 646 Fairville Blvd
9.1(b) Planning Advisory Committee Recommending Rezoning with Sec 39
Conditions
9.2(a) Proposed Zoning By -Law Amendment 46 Westmorland Rd
9.2(b)Planning Advisory Report Recommending Rezoning with Sec 39
Conditions
9.3 Proposed Street Closing - Portion of Milford Road
10. Consideration of By -laws
10.1 Third Reading - ByLaw Amendment Respecting Traffic on Streets in the
City of Saint John
11. Submissions by Council Members
11.1 Mill Wood Allocations (Councillor Court)
11.2 By -Law to Prevent the Feeding of Deer Within City Limits (Councillor
Farren)
11.3 The Possible Development of an NB Power Transmission Line Through
West Saint John (Councillor McGuire)
11.4 Preservation of Morna Heights School (Councillor McGuire)
11.5 Presentation from the Saint John Airport (Deputy Mayor Chase)
12. Business Matters - Municipal Officers
12.1 City Manager: Tender for Asphalt Resurfacing
12.2 City Manager: Refuse on Private Property, Illegal Dumping and Improper
Storage of Garbage, MC2011 -121
12.3 City Manager: Little River Reservoir Community Park
13. Committee Reports
13.1 Saint John Parking Commission: Salty Jam Festival 2011 - Request to Use
Water Street (Coast Guard) Parking Lot
13.2a) Planning Advisory Committee: Cedar Point Anchorage Subdivision
13.2b) Cedar Point Anchorage Presentation From Dr. Chris O'Brien
13.3 Planning Advisory Committee: Street Vesting (Widening) - 102 Spar Cove
Rd
5
13.4 Planning Advisory Committee: Proposed Subdivision 237 - 249 Mount
Pleasant Ave. East
13.5 Taxation Review Committee: Request for Information from City
Departments
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
16. Adjournment
0
City of Saint John
Seance du conseil communal
Le mardi 24 mai 2011
Comit6 plenier
If you require French services for a Common Council meeting, please contact the office
of the Common Clerk at 658 -2862.
Si vous exigez des services frangais pour une r6union de Conseil Communal, s'il vous
plan contacter le bureau de la greffi&re communale a 658 -2862.
1.Ouverture de la seance
16 h 30 — Salle de conference, 8e etage, hotel de ville
1.1 Question relative aux biens -fonds — alin&as 10.2(4)c), d)
1.2 Question relative a 1'emploi — alin6as 10.2(4)b), j)
1.3 Question relative aux biens -fonds — alin&a 10.2(4)c)
1.4 Question financi&e — alin6as 10.2(4)c), j)
1.5 Avis juridique — alin6as 10.2(4)f), g)
1.6 Convention — alin6a 10.2(4)c)
1.7 Question relative a 1'emploi — alin6as 10.2(4)f), g), j)
1.8 Avis juridique — alin6a 10.2(4)g)
Seance ordinaire
1. Ouverture de la seance, suivie de la priere
19 h — Salle du conseil
2. Approbation du proces- verbal
2.1 Proces- verbal de la s6ance tenue le 26 avril 2011
2.2 Proces- verbal de la s6ance tenue le 9 mai 2011
3. Adoption de Fordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a 1'approbation du conseil
5.1 Bureau des commissaires de police : Demande visant a effectuer une
pr6sentation sur CrimeMapping.com (recommandation : transmettre a la greffiere
pour qu'une date de pr6sentation soit fix6e)
5.2 Demande de pr6sentation de Mary Schryer au sujet du programme m6dical de
l'Universit6 Dalhousie a l'Universit6 du Nouveau - Brunswick, campus de
Saint John (recommandation : transmettre a la greffiere pour qu'une date de
pr6sentation soit fix6e)
7
5.3 Seance informative publique relative a la phase Al des travaux de refection du
chemin Westfield (du numero municipal 1814 au numero municipal 1920)
(recommandation : accepter a titre informatif)
5.4 Seance informative publique relative au projet de modernisation de
1'infrastructure municipale de la place Peel — Rue Union
(recommandation : accepter a titre informatif)
5.5 Seance du conseil du 13 juin 2011 sur 1'ebauche du plan municipal
(recommandation figurant au rapport)
5.6 Programme d'encouragement d'amenagement de facade 2011 de
Uptown Saint John (recommandation figurant au rapport)
5.7 Modalites relatives a 1'emission d'obligations de mai 2011
(recommandation : accepter a titre informatif)
5.8 Soumission relative a la modernisation des appareils respiratoires autonomes a
bouteille d'air pulmo- commande Scott (recommandation figurant au rapport)
6. Commentaires presentes par les membres
7. Proclamation
7.1 Proclamation: Journee Bon depart, le 28 mai 2011
7.2 Proclamation: Semaine de sensibilisation a la situation des personnes
handicapees, du 29 mai au 4 juin 2011
7.3 Proclamation: Journee internationale de lutte contre 1'homophobie et la
transphobie, le 17 mai 2011
8. Delegations et presentations
8.1 Proposition relative a 1'Arrete sur les arts martiaux mixtes
9. Audiences publiques
19h
9.1a) Projet de modification de 1'Arrete de zonage visant le
646, boulevard Fairville
9. lb) Comite consultatif d'urbanisme recommandant le rezonage conformement
aux conditions imposees par Particle 39
9.2a) Projet de modification de 1'Arrete de zonage visant le
46, chemin Westmorland
9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage
conformement aux conditions imposees par Particle 39
9.3 Projet de fermeture d'un tron�on du chemin Milford
10. Etude des arretes municipaux
10.1 Troisieme lecture de la modification de 1'Arrete relatif a la circulation dans
les rues de The City of Saint John
11. Interventions des membres du conseil
11.1 Attribution de bois a 1'usine de pate a papier (conseiller Court)
11.2 Arrete visant a empecher que l'on nourrisse les chevreuils a 1'interieur des
limites de la ville (conseiller Farren)
11.3 Possible installation de lignes de transport d'electricite d'Anergie NB
traversant Saint John Ouest (conseiller McGuire)
11.4 Sauvegarde de 1'Acole Morna Heights (conseiller McGuire)
11.5 Presentation de 1'aeroport de Saint John (maire suppleant Chase)
0
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Directeur general : Soumission relative au resurfagage d'asphalte
12.2 Directeur general : Ordures sur proprietes privees, decharge illegale et
entreposage inapproprie des dechets — Rapport n° M/C 2011 -21
12.3 Directeur general : Parc communautaire dans le secteur du reservoir Little
River
13. Rapports deposes par les comites
13.1 Commission sur le stationnement de Saint John : Festival Salty Jam 2011 —
Demande d'utilisation du stationnement de la rue Water (Garde cotiere)
13.2a) Comite consultatif d'urbanisme : Lotissement Cedar Point Anchorage
13.2b) Presentation du Dr Chris O'Brien portant sur Lotissement
Cedar Point Anchorage
13.3 Comite consultatif d'urbanisme relativement a la devolution de terrains a titre
de rue (elargissement), visant le 102, chemin Spar Cove
13.4 Comite consultatif d'urbanisme : Projet de lotissement aux 237,
249 avenue Mount Pleasant Est
13.5 Comite de revision de l'impot foncier : Obtention de renseignements de la
part des services municipaux
14. Etude des sujets ecartes des questions soumises it 1'approbation du conseil
15. Correspondance generale
16. Levee de la seance
9
96 -174
COMMON COUNCIL / CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — APRIL 26, 2011 - 5:00 P.M.
Present:
Ivan Court, Mayor
Councillors Farren, Higgins, McGuire, Mott, Norton, Snook,
Sullivan, and Titus
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans.
Commissioner of Finance and Treasurer; P. Groody,
Commissioner of Municipal Operations; J. Hamilton, Deputy
Commissioner of Planning and Development; A. Poffenroth,
Deputy Commissioner of Buildings and Inspection Services;
T. Leblanc, Police Staff Sergeant; K. Clifford, District Fire Chief;
B. Morrison, Commissioner of Leisure Services; 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 26 AVRIL 2011 A 17 H
Sont presents :
Ivan Court, maire
les conseillers Farren, McGuire, Mott, Norton, Snook, Sullivan,
Titus et la conseillere Higgins
-et -
P. Woods, directeur general; J. Nugent, avocat municipal;
G. Yeomans, commissaire aux finances et tresorier; P. Groody,
commissaire aux Operations municipales; J. Hamilton,
commissaire a I'urbanisme et au developpement; A. Poffenroth,
commissaire adjoint aux Services d'inspection et des batiments;
T. Leblanc, sergent d'etat -major du Service de police; K. Clifford,
chef du service d'incendie de district; B. Morrison, commissaire
des Services des loisirs; ainsi que E. Gormley, greffiere
communale et J. Taylor, greffier communal adjoint.
Call To Order — Prayer
Mayor Court called the meeting to order and Reverend Eric Phinney offered the opening
prayer.
1. Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Court et le reverend Eric Phinney recite la priere
d'ouverture.
2. Approval of Minutes
2.1 Minutes of March 28, 2011
On motion of Councillor McGuire
Seconded by Councillor Titus
RESOLVED that the minutes of the meeting of
Common Council, held on March 28, 2011, be approved.
Question being taken, the motion was carried.
2.2 Minutes of April 4, 2011
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the minutes of the meeting of
Common Council, held on April 4, 2011, be approved.
Question being taken, the motion was carried.
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96 -175
COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
2. Approbation du proces- verbal
2.1 Proces- verbal de la seance tenue le 28 mars 2011
Proposition du conseiller McGuire
Appuyee par le conseiller Titus
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 28 mars 2011 soit approuve.
A I'issue du vote, la proposition est adoptee.
2.2 Proces- verbal de la seance tenue le 4 avril 2011
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 4 avril 2011 soit approuve.
A I'issue du vote, la proposition est adoptee.
3. Approval of Agenda
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the agenda of this meeting, with
the addition of Item 13.2 Committee of the Whole: Snow Ban Reimbursement Policy, be
approved.
Question being taken, the motion was carried.
3. Adoption de I'ordre du jour
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que I'ordre du jour de la presente reunion
soit adopte, moyennant I'ajout du point 13.2, Comite plenier : Politique de
remboursement dans le cadre de ('interdiction de stationnement en hiver.
A ('issue du vote, la proposition est adoptee.
3.1 Arbour Day Presentation
Jeff Britt of JD Irving advised that April 29th is Arbour Day, noting that this year JD Irving
has partnered with students from Glen Falls school in a tree planting effort.
3.1 Presentation de La journee de I'arbre
Jeff Britt, representant de J.D. Irving, signale que le 29 avril est La journee de I'arbre. En
outre, it souligne que J.D. Irving s'est associee a des eleves de I'ecole Glen Falls cette
annee dans le cadre d'un projet visant a planter des arbres.
4. Disclosures of Conflict of Interest
4. Divulgations de conflits d'interets
(Councillor Titus withdrew from the meeting)
9. Public Hearings 7:00 P.M.
9.1 Proposed Zoning By -Law Amendment 43 Melrose Street
The Common Clerk advised that the applicant for the property located at 43 -45 Melrose
Street has submitted a letter requesting to withdraw the rezoning application.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning Staffs report considered at its April 21St, 2011 meeting at
which the applicant's request to withdraw the application was received.
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96 -176
COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that Council accede to Melmaris
Construction's request to withdraw the rezoning application for 43 -45 Melrose Street,
and further that the public hearing be cancelled.
Question being taken, the motion was carried.
(Le conseiller Titus quitte la seance.)
9. Audiences publiques a 19 h
9.1 Projet de modification de I'Arrete de zonage visant le 43, rue Melrose
La greffiere communale indique que le demandeur cherchant a acquerir la propriete
situee aux 43 -45, rue Melrose, a fait parvenir une lettre dans laquelle it demande le
retrait de la demande de rezonage.
Un examen a egalement ete effectue concernant un rapport presente par le Comite
consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel
d'urbanisme, qui a fait ('objet d'un examen lors de la seance du 21 avril 2011 au cours
de laquelle la demande de retrait presentee par le demandeur a ete reque.
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLU que le conseil reponde favorablement a
la demande de Melmaris Construction voulant que la demande de rezonage visant la
propriete situee aux 43 -45, rue Melrose, soit retiree, et que I'audience publique soit
annulee.
A ('issue du vote, la proposition est adoptee.
9.2 Proposed By -Law Amendment Stop Up and Close a Portion of Fallsview Dr
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed by -law amendment to stop -up and close a portion of Fallsview Drive, by
adding thereto Section 218 immediately after Section 217 thereof, with no objections
received.
The Mayor called for members of the public to speak against the proposed amendment
with no one presenting.
The Mayor called for members of the public to speak in favour of the proposed
amendment with no one presenting.
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "A By -law
Respecting the Stopping Up and Closing of Highways in the City of Saint John"
regarding a portion of Falls View Drive by adding thereto Section 218 immediately after
Section 217 thereof, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled "A By -Law Respecting the Stopping Up and
Closing of Highways in the City of Saint John ".
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "A By -law
Respecting the Stopping Up and Closing of Highways in the City of Saint John"
regarding a portion of Falls View Drive by adding thereto Section 218 immediately after
Section 217 thereof, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled "A By -law Respecting the Stopping Up
and Closing of Highways in the City of Saint John ".
(Councillor Titus reentered the meeting)
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96 -177
COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
9.2 Projet de modification de I'Arrete concernant la fermeture et le barrage de
routes — trongon de la promenade Fallsview
La greffibre communale indique que les avis requis ont ete publies relativement au projet
de modification de I'Arrete concernant la fermeture et le barrage de routes — trongon de
la promenade Fallsview, et ce, par I'ajout de I'article 218 a la suite de I'article 217, et
qu'aucune opposition n'a ete reque.
Le maire invite le public a exprimer son opposition quant a la modification proposee,
mais personne ne prend la parole.
Le maire invite le public a exprimer son appui quant a la modification proposee, mais
personne ne prend la parole.
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLLI que 1'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant un trongon de la promenade Falls View par I'ajout de I'article 218 a la suite
de I'article 217, fasse ('objet d'une premibre lecture.
A ('issue du vote, la proposition est adoptee.
Premibre lecture de 1'arrete intitule « Arrete sur ('interruption de la circulation et la
fermeture des routes dans The City of Saint John ».
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLLI que 1'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant un trongon de la promenade Falls View par I'ajout de I'article 218 a la suite
de I'article 217, fasse ('objet d'une deuxibme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxibme lecture par titre de 1'arrete intitule « Arrete sur ('interruption de la circulation et
la fermeture des routes dans The City of Saint John ».
(Le conseiller Titus se joint de nouveau a la seance.)
5. Consent Agenda
5.1 That the submitted report M &C 2011 -94: Temporary Turnaround — Tudor Lane,
be received for information.
5.2 That as recommended by the City Manager in the submitted report M &C 2011-
95: Request for Grant in the Amount of Municipal Fees for Tannery Court Co- operative
Limited, Council give a grant in the amount of $5,000 to Tannery Court Co- operative
Limited on the condition that they sign the Agreement prepared by the City Solicitor
pursuant to the August 18, 2008 Resolution and that the Mayor and Common Clerk be
authorized to sign said Agreement.
5.3 That the submitted report M &C 2011 -96: Public Information Session — Sanitary
Lift Station #30 and Associated Force Main Harbour Clean -Up Construction Project, be
received for information.
5.4 That the submitted report Crescent Valley Neighbourhood Development Update,
and accompanying correspondence from the Minister of Social Development be
received for information.
5.5 That the Archer request to present be referred to the Clerk to schedule.
5.6 That as recommended by the City Manager in the submitted report M &C 2011-
91: Proposed Public Hearing Date 646 Fairville Boulevard and 46 Westmorland Road,
Common Council schedule the public hearings for the rezoning applications of Retrocom
/ Smart Centres (646 Fairville Boulevard) and Streekraft Holdings Ltd. (46 Westmorland
Road) for Tuesday, May 24, 2011 at 7:00 p.m. in the Council Chamber, and refer the
applications to the Planning Advisory Committee for report and recommendation and
further, that Common Council authorize Retrocom / Smart Centres to apply for rezoning
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96 -178
COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
of the City -owned land at 646 Fairville Boulevard, being PID number 55203020 and a
portion of PID number 55210694 (formerly a portion of Harding Street West).
5.7 That as recommended by the City Manager in the submitted report M &C 2011-
92: Harbour Clean -Up — Lift Station #32 Stop Up and Close Portion of Milford Road, the
Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a
243 square metre ± portion of a public street known as Milford Road, be set for Tuesday
May 24, 2011 at 7:00 p.m. in the Council Chamber, and that Common Council orders the
publishing of a notice of its intention to consider the passing of such By -Law pursuant to
section 187(6)(b) of the Municipalities Act.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried
5. Questions soumises a I'approbation du conseil
5.1 Que le rapport soumis intitul6 M/C 2011 -94 : Endroit temporaire prevu pour
manceuvrer— Allee Tudor soit accepte a titre informatif.
5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011-95: Demande visant 1'obtention dune subvention au montant des droits
municipaux pour Tannery Court Co- operative Limited, le conseil accorde une subvention
de 5 000 $ a Tannery Court Co- operative Limited a condition que soit signe I'accord
prepare par I'avocat municipal en vertu de la resolution du 18 aout 2008; et que le maire
et la greffibre communale soient autorises a signer I'accord susmentionn6.
5.3 Que le rapport soumis intitul6 M/C 2011-96: Seance informative publique —
Station de relevement no 30 et travaux lies a la conduite de refoulement dans le cadre
du projet de construction et de nettoyage du port, soit accepte a titre informatif.
5.4 Que le rapport soumis intitul6 Mise a jour relative a I'amenagement du quartier
Crescent Valley et la correspondance reque du ministre du Developpement social qui
I'accompagne soient accept6s a titre informatif.
5.5 Que la demande soumise par Archer visant a se presenter devant le conseil soit
transmise a la greffibre pour qu'elle fixe une date de pr6sentation.
5.6 Que, comme le recommande le directeur g6neral dans le rapport soumis intitul6
M/C 2011 -91 : Date proposee pour la tenue dune audience publique concernant le
646, boulevard Fairville, et le 46, chemin Westmorland, le conseil communal fixe la date
de I'audience publique relativement aux demandes de rezonage soumises par
Retrocom /Smart Centres (646, boulevard Fairville) et par Streekraft Holdings Ltd.
(46, chemin Westmorland) au mardi 24 mai 2011, a 19 h, dans la salle du conseil, et qu'il
transmette les demandes au Comit6 consultatif d'urbanisme aux fins de pr6sentation de
rapport et de recommandations. II est en outre resolu que le conseil communal autorise
Retrocom /Smart Centres a presenter une demande de rezonage relativement au bien-
fonds appartenant a la Ville et qui se trouve au 646, boulevard Fairville, inscrit sous le
NID 55203020 et une partie du NID 55210694 (anciennement un trongon de la rue
Harding Ouest).
5.7 Que, comme le recommande le directeur g6neral dans le rapport soumis intitul6
M/C 2011-92: Fermeture et barrage dune partie du chemin Milford dans le cadre du
nettoyage du port, station de relevement no 32, le conseil communal fixe la date de
I'audience publique relative a I'adoption d'un arrete visant a fermer et a barrer un trongon
d'environ 243 metres carres du chemin Milford, rue publique, au mardi 24 mai 2011, a
19 h, dans la salle du conseil, et qu'il autorise la publication d'un avis indiquant son
intention d'adopter un tel arrete en vertu de 1'alinea 187(6)b) de la Loi sur les
municipalites.
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que la recommandation formulee pour
chacune des questions soumises a I'approbation du conseil soit adopt6e.
A Tissue du vote, la proposition est adopt6e
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96 -179
COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
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 Day of Mourning April 28, 2011
The Mayor proclaimed April 28, 2011 as a Day of Mourning in the City of Saint John.
7.2 Arbour Day April 29, 2011
The Mayor proclaimed April 29, 2011 as Arbour Day in the City of Saint John.
7.3 Cystic Fibrosis Month May 2011
The Mayor proclaimed the month of May, 2011 as Cystic Fibrosis Awareness Month in
the City of Saint John.
7.4 Emergency Preparedness Week May 1 -7, 2011
The Mayor proclaimed the week of May 1St — 7 t 2011 as Emergency Preparedness
Week in the City of Saint John.
7. Proclamation
7.1 Jour de deuil — le 28 avril 2011
Le maire declare le 28 avril 2011 Jour de deuil dans The City of Saint John.
7.2 La journee de I'arbre — le 29 avril 2011
Le maire declare le 29 avril 2011 La journee de I'arbre dans The City of Saint John.
7.3 Mois de sensibilisation a la fibrose kystique — mois de mai 2011
Le maire declare que le mois de mai 2011 est le Mois de sensibilisation a la fibrose
kystique dans The City of Saint John.
7.4 Semaine de la protection civile — du 1 e au 7 mai 2011
Le maire declare que la semaine du 1 e mai au 7 mai 2011 est la Semaine de la
protection civile dans The City of Saint John.
8. Delegations /Presentations
8. Delegations et presentations
10. Consideration of By -laws
10.1(a)City Solicitor: Proposed Subdivision By -Law Amendments
10.1(b)Third Reading — Subdivision by -Law Amendment
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "By -Law
Number C.P. 121 -002 A By -Law to Amend the Saint John Subdivision By- Law ", be read.
Question being taken, the motion was carried.
The by -law entitled "By -Law Number C.P. 121 -002 A By -Law to Amend the Saint John
Subdivision By- Law ", was read in its entirety.
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On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "By -Law
Number C.P. 121 -002 A By -Law to Amend the Saint John Subdivision By- Law ", be read
a third time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled "By -Law Number C.P. 121 -002 A By -Law to
Amend the Saint John Subdivision By- Law ".
10. Etude des arretes municipaux
10.1a) Avocat municipal : Projet de modification de I'Arrete de lotissement
10.2b) Troisieme lecture de la modification de I'Arrete de lotissement
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que 1'arrete intitule « Arrete
no C.P. 121 -002 modifiant I'Arrete de lotissement de Saint John » fasse ('objet d'une
lecture.
A ('issue du vote, la proposition est adoptee.
L'arrete intitule « Arrete no C.P. 121 -002 modifiant I'Arrete de lotissement de
Saint John » est lu integralement.
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que I'arrete intitule « Arrete
no C.P. 121 -002 modifiant I'Arrete de lotissement de Saint John » fasse ('objet d'une
troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose.
A ('issue du vote, la proposition est adoptee.
Troisieme lecture de ('arrete intitule «Arrete no C.P. 121 -002 modifiant I'Arrete de
lotissement de Saint John >>.
10.2 Third Reading — Traffic By -Law Amendment
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "By -Law
Number MV -10 A 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 ", be read.
Question being taken, the motion was carried.
The by -law entitled "By -Law Number MV -10 A 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 ", was read in its entirety.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "By -Law
Number MV -10 A 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 ", be read a third time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled "By -Law Number MV -10 A 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 ".
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
10.2 Troisieme lecture de la modification de I'Arrete relatif a la circulation
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLLI que 1'arrete intitule « Arrete no MV -10
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 » fasse
I'objet d'une lecture.
A Tissue du vote, la proposition est adoptee.
L'arrete intitule « Arrete no MV -10 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 » est lu integralement.
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLLI que 1'arrete intitule « Arrete no MV -10
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 » fasse
I'objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose.
A Tissue du vote, la proposition est adoptee.
Troisieme lecture par titre de 1'arrete intitule « Arrete no MV -10 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 ».
11. Submissions by Council Members
11.1 Managing the City's Woodlands (Councillor Farren)
On motion of Councillor Farren
Seconded by Councillor Titus
RESOLVED that the written submission from
Councillor Farren with respect to managing the City's woodlands be added to Council's
April 26, 2011 agenda.
Question being taken, the motion was carried.
On motion of Councillor Farren
Seconded by Councillor Titus
RESOLVED that the written submission from
Councillor Farren with respect to managing the City's woodlands be referred to the City
Manager for a report and recommendation.
Question being taken, the motion was carried.
11. Interventions des membres du conseil
11.1 Gestion des terrains boises de la Ville (conseiller Farren)
Proposition du conseiller Farren
Appuyee par le conseiller Titus
RESOLLI que la demande ecrite du
conseiller Farren relativement a la gestion des terrains boises de la Ville figure a I'ordre
du jour de la seance du 26 avril 2011 du conseil.
A Tissue du vote, la proposition est adoptee.
Proposition du conseiller Farren
Appuyee par le conseiller Titus
RESOLLI que la demande ecrite du
conseiller Farren relativement a la gestion des terrains boises de la Ville soit transmise
au directeur general aux fins de rapport et de recommandations.
A Tissue du vote, la proposition est adoptee.
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APRIL 26, 2011/LE 26 AVRIL 2011
11.2 Information Update Concerning Actions Under Section 190 of
Municipalities Act (Councillor McGuire)
Referring to a submitted report, the Deputy Commissioner of Buildings and Inspection
Services updated Council regarding the actions that have been taken by The City of
Saint John under Section 190 of The Municipalities Act.
On motion of Councillor McGuire
Seconded by Councillor Titus
RESOLVED that the submitted report from the City
Manager entitled Update concerning actions under section 190 of the Muncipalities Act,
be forwarded to the Minister of Local Government.
Question being taken, the motion was carried
11.2 Mise a jour des renseignements relatifs aux mesures prises en vertu de
I'article 190 de la Loi sur les municipalites (conseiller McGuire)
A partir d'un rapport anterieur, la commissaire adjointe aux Services d'inspection et des
batiments informe le conseil des mesures qui ont ete prises par The City of Saint John
en vertu de I'article 190 de la Loi sur les municipalites.
Proposition du conseiller McGuire
Appuyee par le conseiller Titus
RESOLU que le rapport soumis par le directeur
general intitule Mise a jour des renseignements relatifs aux mesures prises en vertu de
Particle 190 de la Loi sur les municipalites, soit transmis au ministere du Gouvernement
local.
A I'issue du vote, la proposition est adoptee.
12. Business Matters- Municipal Officers
12.1 Common Clerk: Public Review of Draft Regulations Amending New
Brunswick Regulation 2010 -111 Under the Right to Information and
Protection of Privacy Act
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that in response to the Public Review
of Draft Regulations Amending New Brunswick Regulation 2010 -111 under the Right to
Information and Protection of Privacy Act, Common Council of The City of Saint John
requests that the proposed changes to sections 9 through 15 respecting the elimination
of fees be denied.
Question being taken, the motion was carried.
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Greffiere communale : Examen public de 1'ebauche du reglement modifiant
le Reglement 2010 -111 du Nouveau - Brunswick en vertu de la Loi sur le
droit a ('information et la protection de la vie privde
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLU qu'en reponse a 1'examen public de
1'ebauche du reglement modifiant le Reglement 2010 -111 du Nouveau - Brunswick en
vertu de la Loi sur le droit a 1'information et la protection de la vie privee, le conseil
communal de The City of Saint John demande que les changements proposes aux
articles 9 a 15 relativement a la suppression des droits soient rejetes.
A I'issue du vote, la proposition est adoptee.
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APRIL 26, 201 VLE 26 AVRIL 2011
12.2 City Manager: Rainbow Park Project Update
Referring to a submitted report, M. Hugenholtz, Operations Manager for Leisure
Services provided Council with an update on the Rainbow Park project.
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that the submitted report M &C 2011:
Rainbow Park Update, be received for information.
Question being taken, the motion was carried.
12.2 Directeur general : Mise a jour relative au projet du parc Rainbow
Se rapportant a un rapport depose anterieurement, M. Hugenholtz, directeur des
operations des Services des loisirs, informe le conseil des derniers faits relativement au
projet du parc Rainbow.
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLU que le rapport soumis intitule
M/C 2011 : Mise a jour relative au projet du parc Rainbow soit accepte a titre informatif.
A I'issue du vote, la proposition est adoptee.
12.3 City Manager: Purchase of Phones and Professional Services for New
Centrex IP Service
On motion of Councillor Titus
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report Purchase of Phones and Professional Services for New
Centrex IP Service, Common Council authorize the payment to Bell Aliant of up to
$120,382 plus HST for the cost of the IP Centrex project.
Question being taken, the motion was carried.
12.3 Directeur general : Achat de telephones et de services professionnels pour
les nouveaux services IP Centrex
Proposition du conseiller Titus
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule Achat de telephones et de services
professionnels pour les nouveaux services IP Centrex, le conseil communal approuve le
versement a la societe Bell Alliant d'une somme allant jusqu'a 120 382 $, taxes en sus,
pour les frais associes au projet IP Centrex.
A I'issue du vote, la proposition est adoptee.
12.4 City Manager: Harbour Clean -Up 101 Kennedy Street
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -88: Harbour Clean -Up 101 Kennedy Street
1) The City Solicitor or his designate be authorized to commence and proceed under the
Expropriation Act to acquire the unencumbered freehold title to that portion of land
designated PI 00377150 as generally shown on the sketch dated October 12, 2010 by
Crandall Engineering titled "Kennedy Street Sanitary Lift Station #24 — Property
Acquisition Plan" and submitted with said report, for the purpose of constructing a
Sanitary Lift Station #24; and
2) The Mayor and Common Clerk be authorized to execute the Notice of Intention to
Expropriate and such other documentation as may be required; and
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
3) The City Manager be directed to endeavour to continue negotiations to acquire by
agreement the unencumbered freehold interest required to permit the construction of a
Sanitary Lift Station #24 in a portion of the lands designated PID 00377150, however
without delay to the expropriation.
Question being taken, the motion was carried.
12.4 Directeur general : Nettoyage du port — 101, rue Kennedy
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -88 : Nettoyage du port — 101, rue
Kennedy, les resolutions suivantes soient adoptees :
1) I'avocat municipal ou son representant soit autorise a entamer et a poursuivre, en
vertu de la Loi sur /'expropriation, I'acquisition du titre non greve de la parcelle inscrite
sous le NID 00377150 comme le montre de maniere generale le croquis date du
12 octobre 2010 realise par Crandall Engineering et intitule « Station de relevement
no 24 de la rue Kennedy— Plan pourl'acquisition de biens- fonds)) (lequel est soumis
avec ledit rapport), et ce, en vue de construire la station de relevement no 24;
2) que le maire et la greffiere communale soient autorises a signer l'avis d'intention
d'exproprier et tous les documents necessaires a cet effet;
3) le directeur general soit charge de poursuivre les negociations, par accord, pour
I'acquisition du titre non greve d'une partie des biens -fonds inscrits sous le
NID 00377150, lequel est necessaire pour la construction de la station de relevement
no 24. sans aue cela toutefois ne retarde le Drocessus d'exarogriation.
A Tissue du vote, la proposition est adoptee.
12.5 City Manager: Chesley Drive — Emergency Asphalt Repairs
On motion of Councillor Snook
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -90: Chesley Drive — Emergency Asphalt
Repairs, Common Council:
1) Adopt Option 1 as outlined in the submitted report and request the required financial
support from the Province of New Brunswick in 2011;
2) Advise the Department of Transportation that the cost of future major maintenance
repairs exceed Municipal Kilometrage Agreement funding and, as such, require
additional investment from the Province to carry out the needed work;
3) Authorize the Mayor to submit this report to the Minister, with a copy to the Director of
Design and the District Engineer for the New Brunswick Department of Transportation.
Question being taken, the motion was carried.
12.5 Directeur general : Travaux d'asphaltage d'urgence de la
promenade Chesley
Proposition du conseiller Snook
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -90 : Travaux d'asphaltage d'urgence
de la promenade Chesley, le conseil :
1) adopte I'option 1 telle qu'elle est decrite dans le rapport soumis et demande le soutien
financier requis a la province du Nouveau - Brunswick en 2011;
2) avise le ministbre des Transports que le cout des futurs gros travaux d'entretien
depasse le montant du financement etabli dans le cadre de 1'entente municipale sur les
routes, et que, par consequent, it demande des fonds supplementaires a la province
pour mener a bien les travaux necessaires;
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
3) autorise le maire a presenter le programme ce rapport au ministre, avec copie au
directeur de la conception et a l'ingenieur de district du ministere des Transports du
Nouveau - Brunswick.
A Tissue du vote, la proposition est adoptee.
13. Committee Reports
13.1 Committee of the Whole: City Solicitor's Office - Departmental Positions
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by Committee
of the Whole, having met on April 11, 2011:
1) the position of Solicitor occupied by Mr. Scott Brittain be reclassified from Group 5
to Group 6 and Mr. Brittain be placed at Step C therein;
2) the position of Solicitor occupied by Ms. Melanie Tompkins be reclassified from Group
5 to Group 6 and Ms. Tompkins be placed at Step E therein;
3) the position of Solicitor occupied by Mr. Frangois Beaulieu be reclassified from Group
6 to Group 7 and Mr. Beaulieu be placed at Step A therein;
4) an incumbent of the Group 6 positions in question will automatically move, conditional
upon satisfactory performance, to Step A of Group 7 one (1) year following having
reached the final step of Group 6; and
5) the salary of Ms. Lynda Farrell be increased by Three Thousand Five Hundred Dollars
($3,500.00).
Question being taken, the motion was carried with Councillors Higgins,
Snook and Sullivan voting nay.
13. Rapports deposes par les comites
13.1 Comite plenier : Postes au sein du cabinet de I'avocat municipal
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que, comme I'a recommande le Comite
plenier lors de la reunion du 11 avril 2011 :
1) on change la classification du poste d'avocat occupe par M. Scott Brittain pour le faire
passer du groupe 5 au groupe 6 et que M. Brittain passe a 1'echelon C de ce groupe;
2) on change la classification du poste d'avocat occupe par Mme Melanie Tompkins pour
le faire passer du groupe 5 au groupe 6 et que Mme Tompkins passe a 1'echelon E de ce
groupe;
3) on change la classification du poste d'avocat occupe par M. Frangois Beaulieu pour le
faire passer du groupe 5 au groupe 7 et que M. Beaulieu passe a 1'echelon A de ce
groupe;
4) un titulaire occupant I'un de ces postes appartenant au groupe 6 passe
automatiquement, sous reserve de resultats satisfaisants, a 1'echelon A du groupe 7 un
(1) an aprbs avoir atteint le dernier echelon du groupe 6;
5) le salaire de Mme Lynda Farrell soit augmente de trois mille cinq cents dollars
(3500$).
A Tissue du vote, la proposition est acceptee. Les conseillers Snook,
Sullivan et la conseillere Higgins votent contre la proposition.
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COMMON COUNCIL /CONSEIL COMMUNAL
APRIL 26, 201 VLE 26 AVRIL 2011
13.2 Committee of the Whole: Snow Ban Reimbursement Policy
On motion of Councillor McGuire
Seconded by Councillor Snook
RESOLVED that the Resolution adopted by
Common Council on March 14, 2011 respecting the "...Application Form for Payment of
Claim" be amended by adding after the words "....January 24, 2011... ", the following:
"...or who are seeking direct payment by the City of those charges or any of them, ...."
AND FURTHER that the date of April 21, 2011 stipulated in the said Application Form,
being the deadline for submission of applications, be deleted and the date April 28, 2011
substituted therefor.
Question being taken, the motion was carried.
13.2 Comite plenier : Politique de remboursement dans le cadre de ('interdiction
de stationnement en hiver
Proposition du conseiller McGuire
Appuyee par le conseiller Snook
RESOLU que la resolution adoptee par le conseil
communal le 14 mars 2011 relativement au a ... formulaire de demande de
remboursement dans le cadre des reclamations » soit modifiee en ajoutant directement
apres les termes « ... 24 janvier 2011... » , les termes suivants : « ... ou qui cherchent a
obtenir de la Ville le remboursement direct de ces frais ou d'autres frais... » ET QUE la
date du 21 avril 2011 stipulee dans ledit formulaire de demande, a savoir la date limite
pour la presentation des demandes, soit supprimee et remplacee par la date du
28 avril 2011.
A Tissue du vote, la proposition est adoptee.
14. Consideration of Issues Separated from Consent Agenda
14. Etude des sujets ecartes des questions soumises a I'approbation du
conseil
15. General Correspondence
15. Correspondance generale
16. Adjournment
The Mayor declared the meeting adjourned at 9:15 p.m.
16. Levee de la seance
Le maire declare que la seance est levee a 21 h 15.
Mayor / maire
Common Clerk / greffiere communale
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COMMON COUNCIL / CONSEIL COMMUNAL
MAY 9th, 2011/LE 9 MAI 2011
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — MAY 9th, 2011 - 7:00 P.M.
Present:
Ivan Court, Mayor
Deputy Mayor Chase and Councillors Court, Farren, Higgins,
McGuire, Mott, Norton, Snook, Sullivan, and Titus
-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;
A. Poffenroth, Deputy Commissioner of Buildings and Inspection
Services; B. Morrison, Commissioner of Leisure Services;
J. Fleming, Police Staff Sergeant; J. Taylor, Assistant Common
Clerk and J. Beltrandi Chown, Administrative Assistant.
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 9 MAI 2011 A 19 H
Sont presents :
Ivan Court, maire
le maire suppleant Chase et les conseillers Court, Farren,
McGuire, Mott, Norton, Snook, Sullivan, Titus et la conseillere
Higgins
-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; A. Poffenroth, commissaire adjoint aux Services
d'inspection et des batiments; B. Morrison, commissaire des
Services des loisirs; J. Flemming, sergent d'etat -major du Service
de police; J. Taylor, greffier communal adjoint et
J. Beltrandi- Chown, adjointe administrative.
Call To Order — Prayer
Mayor Court called the meeting to order and Rev. Andrew Crowell offered the opening
prayer.
Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Court et le pasteur Andrew Crowell recite la priere
d'ouverture.
3. Approval of Agenda
On motion of Councillor Farren
Seconded by Councillor Mott
RESOLVED that the agenda of this meeting with
the addition of item 13.3 Committee of the Whole: Recommendation Appointment to a
Committee, be approved.
Question being taken, the motion was carried.
3. Adoption de I'ordre du jour
Proposition du conseiller Farren
Appuyee par le conseiller Mott
RESOLU que I'ordre du jour de la presente reunion
soit adopte, moyennant I'ajout du point 13.3, Comite plenier : Recommandation
relativement a une nomination au sein d'un comite.
A I'issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
MAY 9th, 2011 /LE 9 MAI 2011
5. Consent Agenda
5.1 That Saint John Destination Marketing Inc.'s request to present be referred to the
Common Clerk to schedule.
5.2 That the letter regarding a ferris wheel on City property be received for
information.
5.3 That as recommended by the City Manager in the submitted report M &C 2011-
107: Electrical Distribution Upgrade — 9t`' Floor Server Room, tender No. 2011- 082301 T
be awarded to the low bidder, JDA Electric Ltd., at the tax - excluded tendered price of
$26,900.00, be accepted.
5.4 That as recommended by the City Manager in the submitted report M &C 2011-
111: Tender for Equipment Rental, the tender for the establishment of the supply
agreement for the short term rental of construction and heavy equipment, for a 12 month
period be awarded to the low bidder in each case as indicated in the submitted summary
of bids, be accepted.
5.5 That as recommended by the City Manager in the submitted report M &C 2011-
112: Tender for Traffic Truck, the tender for the supply of a replacement traffic truck, be
awarded to RH MacFarland (1996) Ltd., for the supply of the 2011 Ford F550 cab and
chassis c/w Versalift personnel bucket, presently on rental to the City of Saint John, in
the tendered amount of $132,900.00 plus tax, be accepted.
5.6 That as recommended by the City Manager in the submitted report M &C 2011-
113: Tender for Cargo Van, the tender submitted by Centennial Buick GMC Ltd., in the
amount of $36,125.00 plus tax, for the supply of a 2011 GMC Savana half tonne, all
wheel drive van, be accepted.
5.7 That as recommended by the City Manager in the submitted report M &C 2011-
100: Consulting Engineering Agreements With Godfrey Associated Ltd. Council
authorize the agreements listed below, to be assigned from Godfrey Associates Ltd., to
Dillon Consulting Limited, and that the Mayor and Common Clerk be authorized to
execute any necessary contract documents:
1. Engineering Design and Construction Management Services: Rothesay
Avenue and Simpson Drive Wastewater Pumping Stations — Mechanical and
Electrical Systems Upgrades 2009 - 0836 -T.
2. Engineering Design and Inspection Services: Rothesay Road (PDH 100)
(Fulton Lane to Colony Road) Road Reconstruction Provincially Designated
Highways Improvement Program 2007 - 0836 -W.
5.8 That the submitted report M &C 2011 -99: Public Information Session, Woodward
Avenue, Boars Head Road to Conifer Crescent — Storm Drainage Improvements, be
received for information.
5.9 That as recommended by the City Manager in the submitted report M &C 2011-
108: Environmental Assessment and Approvals Services, Water Treatment Plant — Little
River Reservoir Site, the proposal of Dillon Consulting for the 'Environmental
Assessment and Approvals Services: Water Treatment Plant — Little River Reservoir
Site' be accepted and that the Mayor and Common Clerk be authorized to execute
appropriate documentation in that regard.
5.10 That the submitted report M &C 2011 -109: Traffic Lines and Marking Durability,
be received for information.
5.11 That the submitted request to present from B & R Commercial, be received for
information.
5.12 That the submitted letter from Hickey Bros. requesting the waiving of building and
variance fees be referred to the City Manager.
On motion of Councillor Titus
Seconded by Councillor Snook
RESOLVED that the recommendation set out for
each consent agenda item respectively be adopted.
Question being taken, the motion was carried.
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COMMON COUNCIL /CONSEIL COMMUNAL
MAY 9th, 2011/LE 9 MAI 2011
5. Questions soumises a I'approbation du conseil
5.1 Que la demande soumise par Saint John Destination Marketing Inc. visant a se
presenter devant le conseil, soit transmise a la greffiere communale pour qu'elle fixe une
date de presentation.
5.2 Que la lettre relative a la grande roue sur la propriete appartenant a la Ville soit
acceptee a titre informatif.
5.3 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011 -107: Amelioration de la distribution electrique — salle de serveur du
9e etage,le contrat n° 2011- 082301T snit accorde au soumissionnaire le moins - disant, a
savoir JDA Electric Ltd., au prix offert de 26 900 $, taxes en sus, et que ledit rapport soit
accepte.
5.4 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011 -111 : Soumission relative a la location de materiel, le contrat relatif a
1'etablissement d'une convention d'approvisionnement pour la location a court terme, soit
pendant 12 mois, d'engins de chantier et de materiel lourd soit accorde au
soumissionnaire moins - disant dans chaque cas, comme I'indique le sommaire des
soumissions presente, et que (edit rapport soit accepte.
5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011 -112: Soumission relative a un camion de signalisation, le contrat relatif a la
fourniture d'un nouveau camion de signalisation soit accorde a la societe RH
MacFarland (1996) Ltd. en vue d'acquerir le camion Ford -550 2011 muni d'un
ch5ssis- cabine et d'une nacelle Versalift, que The City of Saint John loue actuellement,
au montant soumissionne de 132 900 $, taxes en sus, et que (edit rapport soit accepte.
5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011 -113: Soumission relative a un camion de charge, la soumission presentee
par Centennial Buick GMC Ltd., de 36 125 $, taxes en sus, pour la fourniture d'un
camion a traction integrale d'une demi -tonne de marque GMC Savana 2011 soit
acceptee.
5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011 -100: Consultation de la convention relative aux services d'ingenierie conclue
avec Godfrey Associates Ltd., le conseil communal autorise le transfert des conventions
enumerees ci- dessous de Godfrey Associates Ltd. a Dillon Consulting Limited, et que le
maire et la greffiere communale soient autorises a signer tous Ies documents
contractuels necessaires :
3. Services de conception technique et de gestion de la construction : Postes de
pompage des eaux usees de I'avenue Rothesay et de la
promenade Simpson — Modernisation de 1'equipement electrique et
mecanique.
4. Services de conception technique et d'inspection : Chemin Rothesay
(RPD n° 100) (de I'allee Fulton au chemin Colony) dans le cadre du
programme d'amelioration des routes municipales designees.
5.8 Que le rapport soumis intitule M/C 2011 -99 : Seance d'information publique
visant les travaux d'amelioration aux reseaux pluviaux de Pavenue Woodward, a partir
du chemin Boars jusqu'au croissant Conifer, soit accepte a titre informatif.
5.9 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011 -108: Services devaluation et d'autorisation environnementales pour la station
de traitement d'eau — Site du reservoir Little River, la proposition faite par Dillon
Consulting relativement aux « Services devaluation et d'autorisation environnementales
pour la station de traitement d'eau — Site du reservoir Little River », soit acceptee, et que
le maire et la greffiere communale soient autorises a signer la documentation exigee a
cet egard.
5.10 Que le rapport soumis intitule M/C 2011 -109: Durabilite des lignes de marquage
routier, soit accepte a titre informatif.
5.11 Que la demande soumise par B & R Commercial, visant a faire une presentation
devant le conseil, soit acceptee a titre informatif.
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5.12 Que la lettre d'Hickey Bros. concernant la levee des droits relatifs aux batiments
et aux derogations soit transmise au directeur general.
Proposition du conseiller Titus
Appuyee par le conseiller Snook
RESOLU que la recommandation formulee pour
chacune des questions soumises a I'approbation du conseil soit adoptee.
A I'issue du vote, la proposition est adoptee
6. Members Comments
Council members commented on various community events.
6. Commentaires presentes par les membres
Les membres du conseil s'expriment sur diverses activites communautaires.
7. Proclamation
7.1 Census Week May 9th to 13th, 2011
The Mayor proclaimed the week of May 9th to 13th, 2011 as Census Week in
The City of Saint John.
7. Proclamation
7.1 Semaine du recensement du 9 mai au 13 mai 2011
Le maire declare la semaine du 9 au 13 mai 2011 Semaine du recensement dans
The City of Saint John.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that item 7.2 National Police Week
Proclamation, be added to the agenda.
Question being taken, the motion was carried.
7.2 National Police Week May 15 t to 22 "d, 2011
The Mayor proclaimed May 15th to 22nd, 2011 as National Police Week in
The City of Saint John.
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que le point 7.2 Proclamation de la
Semaine nationale de la police soit ajoute a I'ordre du jour.
A I'issue du vote, la proposition est adoptee.
7.2 Semaine nationale de la police du 15 au 22 mai 2011
Le maire declare la semaine du 15 au 22 mai 2011 Semaine nationale de la police dans
The City of Saint John.
8. Delegations /Presentations
8.1 Little River Reservoir
Referring to a submitted report, Glen Creamer, President of the Little River Reservoir
Project Association, updated council on the progress of the project and he advised that
the group is seeking the support of Council prior to commencing construction.
Mr. Creamer introduced J.C. Besner, representing Irving Oil Ltd., as the Project Manager
for the proposed plan. Mr. Besner explained that he is in the process of taking the
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conceptual plan to the detailed design phase, advising that a letter of consent from the
City of Saint John and wetland /watercourse alteration permits are necessary to initiate
the process.
Mr. Besner advised that group has secured funding for the construction of the walking
trails and park components of the project from Irving Oil Ltd, noting that the Little
Reservoir Association is seeking to enter into a cost - sharing agreement with the City of
Saint John with respect to the future maintenance of the site. He confirmed that Irving Oil
would be donating $400,000 towards the proposal.
Responding to questions from members of Council, Mr. Besner stated that all
precautions would be taken to ensure that all- terrain vehicles are prohibited from the
area.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the Proposal for the Little River
Reservoir Community Park be referred to the City Manager to examine the cost - sharing
portion of the proposal, and to report back to council in two weeks.
Question being taken, the motion was carried.
8. Delegations et presentations
8.1 Reservoir Little River
Se rapportant a un rapport depose anterieurement, Glen Creamer, president de la Little
River Reservoir Association, informe le conseil de la progression du projet et it signale
que le groupe cherche a obtenir le soutien du conseil avant d'entamer la phase de
construction.
M. Creamer presente M. J.C. Besner, representant de la societe Irving Oil Ltd. Ce
dernier est egalement gestionnaire du projet relatif au plan propose. M. Besner explique
qu'il est en train de faire passer le plan conceptuel a la phase de conception, et it signale
qu'il faut une lettre de consentement de The City of Saint John et des permis pour la
modification d'un cours d'eau ou d'une terre humide pour pouvoir lancer le processus.
M. Besner declare que le groupe a obtenu le financement necessaire pour la
construction des sentiers pedestres et certains des elements qui composent le parc
aupres d'Irving Oil Ltd. dans le cadre du projet et it precise que la Little Reservoir
Association tente de conclure une entente de partage des couts avec The City of
Saint John relativement a 1'entretien futur du site. II confirme qu'lrving Oil Ltd. verserait
400 000 $ pour le projet.
En reponse a une question des membres du conseil, M. Besner declare que toutes les
precautions seraient prises pour interdire la zone aux vehicules tout terrain.
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que la proposition relative au parc
communautaire dans le secteur du reservoir Little River soit transmise au directeur
general pour qu'il examine la partie relative au partage des couts et que ce dernier fasse
part de ses conclusions au conseil dans deux semaines.
A Tissue du vote, la proposition est adoptee.
(Councillor Court withdrew from the meeting)
10. Consideration of By -laws
10.1 Third Reading — Stop Up & Close Portion of Falls View Drive
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "By -law
Number M -23, A By -Law to Amend a By -Law Respecting the Stopping -Up and Closing
of Highways in the City of Saint John" regarding a portion of Falls View Drive, be read.
Question being taken, the motion was carried.
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The by -law entitled "By -law Number M -23, A By -Law to Amend a By -Law Respecting the
Stopping -Up and Closing of Highways in the City of Saint John" was read in its entirety.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "By -law
Number M -23, A By -Law to Amend a By -Law Respecting the Stopping -Up and Closing
of Highways in the City of Saint John" regarding a portion of Falls View Drive, be read a
third time, enacted, and the Corporate Common Seal affixed thereto.
Question being taken, the motion was carried.
Read a third time by title, the by -law entitled "By -law Number M -23, A By -Law to Amend
a By -Law Respecting the Stopping -Up and Closing of Highways in the City of Saint
John."
(Le conseiller Court quitte la reunion.)
10. Etude des arretes municipaux
10.1 Troisieme lecture de I'Arrete concernant la fermeture et le barrage de
routes — trongon de la promenade Falls View
Proposition du conseiller Titus
Appuyde par le conseiller McGuire
RESOLU que I'arret6 intituld « Arretd no M -23,
Arretd modifiant I'Arretb sur ('interruption de la circulation et la fermeture des routes dans
The City of Saint John » relativement a un trongon de la promenade Falls View, fasse
('objet d'une lecture.
A ('issue du vote, la proposition est adoptde.
L'arretb intituld « Arretd no M -23, Arretd modifiant I'Arret6 sur ('interruption de la
circulation et la fermeture des routes dans The City of Saint John » est lu intdgralement.
Proposition du conseiller Titus
Appuybe par le conseiller McGuire
RESOLU que 1'arret6 intituld « Arretd no M -23,
Arretd modifiant I'Arret6 sur ('interruption de la circulation et la fermeture des routes dans
The City of Saint John », relativement a la promenade Falls View, fasse ('objet d'une
troisidme lecture, qu'il soit 6dict6 et que le sceau communal y soit appos6.
A ('issue du vote, la proposition est adoptde.
Troisieme lecture par titre de 1'arrW intitul6 « Arretd no M -23, Arretd modifiant I'Arret6
sur ('interruption de la circulation et la fermeture de routes dans The City of Saint John »
10.2 Public Presentation — Sandy Point Road Area
A Public Presentation was given for a proposed amendment to the Municipal
Development Plan which would re- designate on Schedule 2 -A of the Municipal Plan,
from Low Density Residential to Open Space, parcels of land located to the southeast of
Sandy Point Road, between University Avenue and the Cherry Brook Zoo, and a parcel
of land located between Sandy Point Road and Samuel Davis Drive, also identified as
portions of PID numbers 00418129, 55059026, 55059034, 55196380 and 00052548, to
permit a park.
(Councillor Court re- entered the meeting)
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COMMON COUNCIL /CONSEIL COMMUNAL
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10.2 Presentation publique — Region du chemin Sandy Point
Une presentation publique est donnee relativement au projet de modification du plan
d'amenagement municipal visant a modifier I'annexe 2 -A du plan d'amenagement pour
faire passer la designation des parcelles de terrain situees au sud -est du
chemin Sandy Point, entre ('avenue University et le zoo Cherry Brook, et une parcelle de
terrain situee entre le chemin Sandy Point et la promenade Samuel Davis, toutes ces
parcelles etant inscrites sous les NID 00418129, 55059026, 55059034, 55196380 et
00052548, de zone residentielle a faible densite a zone d'espaces Iibres, et ce, afin
d'amenager un parc.
(Le conseiller Court se joint de nouveau a la reunion.)
11. Submissions by Council Members
11.1 Exhibition Park — The Field House (Councillor Titus)
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that an eight minute video regarding
Exhibition Park — Field House, be permitted to be played.
Question being taken, the motion was carried.
On motion of Councillor McGuire
Seconded by Councillor Titus
RESOLVED that the proposed Field House
Exhibition Park project be received for information and referred to the Leisure Services
Advisory Board.
Question being taken, the motion was carried.
11. Interventions des membres du conseil
11.1 Exhibition Park — Le complexe sportif (conseiller Titus)
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que I'on autorise le visionnage d'une
video de 8 minutes sur le complexe sportif d'Exhibition Park.
A ('issue du vote, la proposition est adoptee.
Proposition du conseiller McGuire
Appuyee par le conseiller Titus
RESOLU que le projet relatif au complexe sportif
d'Exhibition Park soit accepte a titre informatif et qu'il soit soumis au Conseil consultatif
des services des loisirs.
A ('issue du vote, la proposition est adoptee.
11.2 Paving of Chesley Drive (Councillor Farren)
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that the letter from Councillor Farren
entitled Paving of Chesley Drive, be referred to the City Manager for a report and
recommendation.
voting nay.
Question being taken, the motion was carried with Councillor Higgins
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11.2 Asphaltage de la promenade Chesley (conseiller Farren)
Proposition du conseiller Farren
Appuyee par le conseiller Norton
RESOLU que la lettre du conseiller Farren intitulee
Asphaltage de la promenade Chesley soit transmise au directeur general aux fins de
rapport et de recommandations.
A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote
contre la proposition.
11.3 Winter Street Parking on Champlain Street (Councillor Farren)
On motion of Councillor Farren
Seconded by Councillor Norton
RESOLVED that the City Manager examine the
possibility of making Champlain Street West a "no parking" street, from Maple Row to
Charlotte Street, during the winter months and report back to Council within four weeks.
Question being taken, the motion was carried.
11.3 Stationnement sur rue en hiver — Rue Champlain (conseiller Farren)
Proposition du conseiller Farren
Appuyee par le conseiller Norton
RESOLU que le directeur general examine la
possibilite d'interdire le stationnement pendant les mois d'hiver sur la
rue Champlain Ouest, soit du rang Maple a la rue Charlotte, et qu'il fasse part de ses
conclusions au conseil dans un delai de quatre semaines.
A ('issue du vote, la proposition est adoptee.
11.4 Illegal Dumping and Improper Storage of Garbage (Councillor Snook)
On motion of Councillor Snook
Seconded by Councillor Norton
RESOLVED that the City Manager prepare a report
and schedule a presentation with regard to the issue of illegal dumping and improper
storage of garbage for the next meeting of Council.
Question being taken, the motion was carried.
11.4 Deversement illegal et entreposage inapproprie des dechets
(conseiller Snook)
Proposition du conseiller Snook
Appuyee par le conseiller Norton
RESOLU que le directeur general prepare un
rapport et qu'il prevoit effectuer une presentation portant sur la question du deversement
illegal et de 1'entreposage inapproprie des dechets lors la prochaine seance du conseil.
A ('issue du vote, la proposition est adoptee.
11.5 Road Conditions and Financial Investment — Capital Budget 2012
(Councillor McGuire)
On motion of Councillor McGuire
Seconded by Councillor Titus
RESOLVED that the new tax revenue brought to
the City of Saint John through the development of the new Provincial Court House be
given strong consideration for annual investment into the City's network of roads and
streets and that this matter be referred to the 2012 budget deliberation process.
Question being taken, the motion was carried.
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11.5 Etat des routes et investissement financier — Budget d'immobilisations de
2012 (conseiller McGuire)
Proposition du conseiller McGuire
Appuyee par le conseiller Titus
RESOLU que I'on envisage tres serieusement la
possibilite d'utiliser les nouvelles recettes fiscales degagees par I'amenagement de la
nouvelle Cour provinciale pour financer annuellement le reseau de rues et de routes de
la Ville et que cette question soit soumise au processus de deliberations pour le budget
de 2012.
A Tissue du vote, la proposition est adoptee.
11.6 Urban Infill Opportunities and Incentives (Councillor McGuire)
On motion of Councillor McGuire
Seconded by Councillor Snook
RESOLVED that as the City Manager comes
forward with new development financial incentive programs, as previously directed by
Council, that strong consideration be given to programs that encourage urban infill
growth opportunities, including the upper floor grant program.
Question being taken, the motion was carried.
11.6 Possibilites et incitatifs en matiere d'amenagement intercalaire urbain
(conseiller McGuire)
Proposition du conseiller McGuire
Appuyee par le conseiller Snook
RESOLU que pendant que le directeur general
propose de nouveaux programmes d'incitatifs financiers pour I'amenagement, comme le
lui avait demande le conseil, on examine serieusement les programmes destines a
encourager les occasions de developpement en matiere d'amenagement intercalaire
urbain, y compris le programme de subvention relatif a la restauration des etages
superieurs.
A Tissue du vote, la proposition est adoptee.
11.7 Vacant / Derelict Buildings (Councillor Snook)
On motion of Councillor Snook
Seconded by Councillor McGuire
RESOLVED that the City Manager prepare a report
to update Council on 98 — 100 St. James Street.
Question being taken, the motion was carried.
11.7 Batiments vacants /abandonnes (conseiller Snook)
Proposition du conseiller Snook
Appuyee par le conseiller McGuire
RESOLU que le directeur general prepare un
rapport en vue d'informer le conseil de la situation relative aux 98 -100, rue St. James.
A Tissue du vote, la proposition est adoptee.
12. Business Matters- Municipal Officers
12.1 City Manager: 2011 Neighbourhood Development Stimulation Grant
Applications
Responding to questions from Council, K. Watson, Recreation Manager, stated that due
to the $10,000 increase in the Neighbourhood Stimulation Grant, nearly one hundred
percent of the funds requested by the various groups could be approved.
On motion of Councillor Titus
Seconded by Councillor Sullivan
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COMMON COUNCIL /CONSEIL COMMUNAL
MAY 9th, 2011/LE 9 MAI 2011
RESOLVED that as recommended by the City
Manager in the submitted report Neighbourhood Development Stimulation Grant
Applications 2011, Council supports the listed organizations by providing each a grant as
per the recommendations outlined in the submitted item entitled "Table 1: Grant Amount
Requested / Recommendation ".
Question being taken, the motion was carried.
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Directeur general : Demandes dans le cadre de la Subvention
d'encouragement de I'amenagement du voisinage de 2011
En reponse aux questions du conseil, K. Watson, directeur des loisirs, declare que grace
a I'augmentation de 10 000 $ du montant de la Subvention d'encouragement de
I'amenagement du voisinage, on pourrait approuver presque toutes les demandes de
financement presentees par les differents groupes.
Proposition du conseiller Titus
Appuyee par le conseiller Sullivan
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule Demandes dans le cadre de la Subvention
d'encouragement du voisinage de 2011, le conseil appuie les organismes dont le nom
figure sur la liste en attribuant a chacun d'entre eux une subvention conformement aux
recommandations formulees dans le point soumis intitule « Tableau 1 : Montant
demande aux fins de subvention et suggestions >).
A Tissue du vote, la proposition est adoptee.
12.2 City Manager: Employee Assistance Program (EAP) Service Provider
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -102: Employee Assistance Program (EAP)
Service Provider (RFP No. 2011- 092001P) the submitted proposal for the establishment
of a contract with a term of 3 years, to commence upon award by Council, for the
provision of an Employee Assistance Program (EAP) as submitted by Manulife Financial
at an estimated annual cost of $27,720.00 plus tax, be accepted, and further that two (2)
one (1) year extensions, at the sole discretion of the City and upon mutual agreement
with the vendor, be included, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents.
Question being taken, the motion was carried with Councillor Higgins
voting nay.
12.2 Directeur general : Fournisseur de services dans le cadre du programme
d'aide aux employes
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le
directeur general dans le rapport soumis intitule M/C 2011 -102 : Fournisseur de services
dans le cadre du programme d'aide aux employes (demande de propositions
n° 2011- 092001P), la proposition visant a etablir un contrat d'approvisionnement, tel qu'il
est presente par la Financiere Manuvie, d'une duree initiale de trois ans, relativement a
la prestation d'un programme d'aide aux employes, au cout estimatif annuel de
27 720 $, taxes en sus, soit acceptee, et qu'une option de prolongation correspondant a
deux (2) periodes supplementaires d'un (1) an, a la discretion exclusive de la Ville et
apres accord mutuel avec le fournisseur, soit incluse. II est en outre resolu que le maire
et la greffiere communale soient autorises a signer les documents contractuels
necessaires.
A Tissue du vote, la proposition est adoptee. La conseillere Higgins vote
contre la proposition.
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12.3 City Manager: 2011 Roadway Construction Projects
Responding to questions from Council, Mr. Groody stated that a significant proportion of
the traffic disruption uptown is in relation to the harbor clean -up project, adding that
signage linking the roadwork with harbor clean -up is in the works.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager the submitted report M &C 2011 -101: 2011 Roadway Construction Projects, be
received for information.
Question being taken, the motion was carried.
12.3 Directeur general : Projets de construction d'une route pour 2011
Pour repondre aux questions posees par le conseil, M. Groody declare que la
perturbation de la circulation au centre -ville est en grande partie due au projet de
nettoyage du port. En outre, it ajoute que I'on est en train de mettre en place la
signalisation destinee a informer que les travaux routiers sont lies au nettoyage du port.
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le directeur
general, le rapport soumis intitule M/C 2011 -101 : Projets de construction dune route
pour 2011, soit accepte a titre informatif.
A Tissue du vote, la proposition est adoptee.
12.4 City Manager: Active Transportation Route Harbour Passage Alternative
On motion of Councillor Titus
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -103: Active Transportation Route: Harbour
Passage Alternative, Council:
1. Endorse the temporary Active Transportation Plan (Option 3 in the submitted
report entitled Active Transportation Route Harbour Passage Alternative) with a
cost for materials of approximately $15,000;
2. Request that the Provincial DOT reduce the speed limit on Main Street and the
Viaduct between Chesley Drive and Union Street from sixty (60) kilometers per
hour to fifty (50) kilometers per hour until this Active Transportation route is
decommissioned in October 2011; and
3. Request the City Solicitor to put in proper form and translate an amendment to
Appendix "A" of the Traffic by -Law for Council's consideration that causes the
speed limit on Main Street and the Viaduct between Chesley Drive and Union
Street to be reduced from sixty (60) kilometers per hour to fifty (50) kilometers
per hour.
Responding to questions from Council, T. O'Reilly, Manager of Pedestrian and Traffic
Management Services, stated that measures have been taken to ensure pedestrian
crosswalks are re- painted, adding that red lines and fluorescent markings will also be
utilized for further clarification of pedestrian routes.
Question being taken, the motion was carried.
12.4 Directeur general : Autre route sur le pont pour les transports actifs
Proposition du conseiller Titus
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -103 : Autre route sur /e pont pour les
transports actifs, le conseil :
1. approuve le plan provisoire sur les transports actifs (option no 3 du rapport
soumis intitule Autre route sur le pont pour les transports actifs) pour une
depense d'environ 15 000 $ en materiel;
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2. demande au ministbre provincial des Transports de reduire la limite de vitesse
sur la rue Main et sur le viaduc entre la promenade Chesley et la rue Union pour
la faire passer de soixante (60) kilombtres A I'heure A cinquante (50) kilombtres a
I'heure, et ce, jusqu'A ce que cette route pour les transports actifs soit mise hors
service en octobre 2011;
3. demande A I'avocat municipal de presenter sous la forme appropriee et traduite,
aux fins de consultation par le conseil, une modification A I'annexe « A » de
I'Arrete relatif a la circulation visant a reduire la limite de vitesse sur la rue Main
et sur le viaduc entre la promenade Chesley et la rue Union pour la faire passer
de soixante (60) kilombtres A I'heure A cinquante (50) kilometres A I'heure.
En reponse aux questions du conseil, T. O'Reilly, gestionnaire des services pietonniers
et des services de circulation, declare que les mesures ont ete prises pour repeindre les
passages pour pietons et it ajoute que des lignes rouges et des marquages fluorescents
seront utilises pour mieux delimiter les chemins pedestres.
A Tissue du vote, la proposition est adoptee.
12.5 City Manager: Westfield Road Phase A (Civic number 1920 to civic number
2184 Street Reconstruction), Contract 2009 -20
On motion of Councillor McGuire
Seconded by Councillor Titus
RESOLVED that the report M &C 2011 -106 entitled:
Contract 2009 -20: Westfield Road Phase A (civic number 1920 to civic number 2184)
Street Reconstruction, be received for information.
Question being taken, the motion was carried.
12.5 Directeur general : Phase A en vue de la refection du chemin Westfield
(du numero municipal 1920 au numero municipal 2184), contrat no 2009 -20
Proposition du conseiller McGuire
Appuyee par le conseiller Titus
RESOLU que le rapport M/C 2011 -106
intitu16 : Contrat no 2009 -20 — Phase A en vue de la refection du chemin Westfield (du
numero municipal 1920 au numero municipal 2184), soit accepte A titre informatif.
A Tissue du vote, la proposition est adoptee.
12.6 City Manager: Thorne Avenue Lift Station Number 4, Contract 2010 -1
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -105: Contract 2010 -1: Thorne Avenue Lift
Station #4:
1. Contract number 2010 -01: Thorne Avenue Lift Station number four (4) be
awarded to the lowest compliant tenderer, Castle Rock Construction Services, at
the negotiated tendered price of $14,798,480 as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be
authorized to execute the necessary contract documents;
2. The 2011 Water & Sewerage Utility Fund Capital Program be increased by
$785,000 and that the $1,425,000 of project offsets, as outlined in the submitted
report, be allocated to the Lift Station number four (4) project; and the originally
planned work be deferred to 2012.
Mr. Groody stated that lift station number four is the most critical station in the
wastewater scheme as it handles flows from most of East Saint John and all of the
South Central peninsula.
Mr. Groody explained that the lift station is being built to withstand storm surges and
other hazards, noting that approximately 120 million dollars have been spent to date on
harbor clean -up.
Question being taken, the motion was carried.
34
96 -199
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 9th, 2011/LE 9 MAI 2011
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that the meeting time be extended
beyond 10:00 p.m. as provided for in the Procedural By -law.
Question being taken, the motion was carried with Councillors Court,
Sullivan and Titus voting nay.
On motion of Councillor Sullivan
Seconded by Councillor McGuire
RESOLVED that the City Manager provide a
progress report including a financial update on Lift Station Number four.
Question being taken, the motion was carried.
(Councillor Titus withdrew from the meeting)
12.6 Directeur general : Station de relevement n° 4 de ('avenue Thorne, contrat
n° 2010 -1
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -105 : Contrat n °2010 -1 — Station de
relevement no 4 de I'avenue Thorne:
1. le contrat no 2010 -01 relatif a la station de relevement no 4 de ('avenue Thorne
soit accorde au soumissionnaire le moins - disant, Castle Rock Construction
Services, au prix offert de 14 798 480 $, etabli a partir de quantites estimatives,
et que le maire et la greffiere communale soient autorises a signer les
documents contractuels necessaires;
2. le programme d'immobilisations relatif au fonds du reseau d'aqueduc et d'egouts
pour 2011 soit augmente de 785 000 $ et que les compensations de 1 425 000 $
resultant du projet, telles qu'elles sont decrites dans le rapport soumis, soient
allouees au projet relatif a la station de relevement numero quatre (4); et que la
date initiale du lancement des travaux soit reportee a 2012.
M. Groody declare que la station de relevement numero quatre est la station la plus
importante au sein du systeme des eaux usees, car elle gere la plupart des ecoulements
provenant de Saint John Est et la totalite des ecoulements de la peninsule centre -sud.
M. Groody explique que la construction de la station de relevement vise a offrir une
protection contre les ondes de tempetes et les autres dangers, precisant qu'environ
120 millions de dollars ont ete consacres au nettoyage du port a ce jour.
A ('issue du vote, la proposition est adoptee.
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLU que la reunion se prolonge au -dela de
22 h, conformement aux dispositions de 1'arrete procedural.
A ('issue du vote, la proposition est adoptee. Les conseillers Court,
Sullivan et Titus votent contre la proposition.
Proposition du conseiller Sullivan
Appuyee par le conseiller McGuire
RESOLU que le directeur general fournisse un
rapport d'etape dans lequel it fera le point sur les finances relativement a la station de
relevement numero quatre.
A ('issue du vote, la proposition est adoptee.
(Le conseiller Titus quitte la seance.)
35
96 -200
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 9th, 2011/LE 9 MAI 2011
12.7 City Manager: 2011 Asphalt Pavements Work
On motion of Councillor Snook
Seconded by Councillor McGuire
RESOLVED that the report M &C 2011 -10 entitled
2011 Asphalt Pavements Work, be received for information.
Question being taken, the motion was carried.
12.7 Directeur general : Travaux relatifs au revetement asphaltique en 011
Proposition du conseiller Snook
Appuyee par le conseiller McGuire
RESOLU que le rapport intitule M/C 2011 -10
intitule Travaux relatifs au revetement asphaltique en 2011 soit accepte a titre informatif.
A Tissue du vote, la proposition est adoptee.
12.8 City Manager: Engagement of Engineering Consultants 2011 Capital
Program
On motion of Councillor Farren
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -98: Engagement of Engineering Consultants
— 2011 Capital Program notwithstanding the City's Procurement Policy for engagement
of Professional Services, Common Council authorize staff to conduct negotiations for the
engagement of engineering consultants to carry out design and construction
management services for the 2011 Water and Sewerage Utility Fund and General Fund
Capital Programs with the proposed consultants identified in the "Consultant
Engagements" outlined in the submitted report.
Question being taken, the motion was carried.
12.8 Directeur general : Nomination d'ingenieurs- conseils relativement au
programme d'immobilisations de 2011
Proposition du conseiller Farren
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -98 : Nomination d'ingenieurs- conseils
relativement au programme d'immobilisations de 2011, nonobstant la politique
d'approvisionnement elaboree par la Ville relativement au recours a des services
professionnels, le conseil autorise le personnel a entretenir des negociations visant
1'engagement d'ingenieurs- conseils pour effectuer les services de gestion en matiere de
conception et de construction en vertu des programmes de fonds d'im mobil isations
relatifs au service d'aqueduc et d'egouts et a I'administration pour 2011, et que ces
experts - conseils soient choisis a meme le tableau des services d'experts - conseils inclus
dans le present rapport.
A Tissue du vote, la proposition est adoptee.
13. Committee Reports
13.1 Saint John Board of Police Commissioners: Vacant Position on Board
On motion of Deputy Mayor Chase
Seconded by Councillor Sullivan
RESOLVED that the Saint John Board of Police
Commissioners request to fill a vacant position, be received for information.
Question being taken, the motion was carried.
36
96 -201
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 9th, 2011/LE 9 MAI 2011
13. Rapports deposes par les comites
13.1 Postes vacants au Bureau des commissaires de la police de Saint John
Proposition du maire suppleant Chase
Appuyee par le conseiller Sullivan
RESOLU que la demande du Bureau des
commissaires de police de Saint John visant a pourvoir a un poste vacant soit acceptee
a titre informatif.
A I'issue du vote, la proposition est adoptee.
13.3 Committee of the Whole: Recommended Appointments to Committees
On motion of Deputy Mayor Chase
Seconded by Councillor Snook
RESOLVED that as recommended by the
Committee of the Whole, having met on May 9th, 2011, Common Council makes the
following appointments to committees:
Saint John Board of Police Commissioners: to re- appoint Mayor Court and Councillor
McGuire until the end of their current terms in office.
Question being taken, the motion was carried.
13.3 Comite plenier : Recommandations denominations pour sieger aux
comites
Proposition du maire suppleant Chase
Appuyee par le conseiller Snook
RESOLU que, comme le recommande le comite
plenier, s'etant reuni le 9 mai 2011, le conseil communal approuve les nominations
suivantes pour sieger aux comites :
Bureau des commissaires de la police de Saint John : Renouvellement de la
nomination du maire Ivan Court et du conseiller McGuire jusqu'a la fin de leur mandat
actuel.
A I'issue du vote, la proposition est adoptee.
13.2 Saint John Parking Commission: Authority of By -Law Enforcement
Officers — City of Saint John Traffic By -Law
On motion of Councillor Snook
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled "A 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 24, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled "A Law to Amend 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 Snook
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled "A 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 24, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled "A Law to Amend 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 ".
37
96 -202
COMMON COUNCIL /CONSEIL COMMUNAL
MAY 9th, 2011/LE 9 MAI 2011
13.2 Commission sur le stationnement de Saint John : Autorite des agents
d'execution des arretes — Arrete relatif a la circulation dans The City of
Saint John
Proposition du conseiller Snook
Appuyee par le conseiller Sullivan
RESOLU que I'arrete intitule « Arrete modifiant
('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 I'article
24 et le remplagant fasse ('objet d'une premiere lecture.
A ('issue du vote, la proposition est adoptee.
Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete 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 Snook
Appuyee par le conseiller Sullivan
RESOLU que I'arrete intitule « Arrete modifiant
('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 I'article
24 et le remplagant fasse ('objet d'une deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de 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 ».
16. Adjournment
The Mayor declared the meeting adjourned at 10:15 p.m.
16. Levee de la seance
Le maire declare que la seance est levee a 22 h 15.
Mayor / maire
Assistant Common Clerk / greffier communal adjoint
IN
�;�'!
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. 1971
Saint John Nouveau - Brunswick
Canada E2L 4L1
CHRISTOPHER WALDSCHUTZ
Chair/ President
DAVID EMERSON
Vice ChairlVice President
MARY- EILEEN O'BRIEN
Secretary/Secretaire
MAYOR IVAN COURT
Commissioner/ Commissaire
JONATHAN FRANKLIN
Commissioner /Commissaire
PETER MCGUIRE
Commissioner /Commissaire
WILLIAM G. REID
Chief of Police /Chef de Police
SHARON RIGBY
Executive Administrator/
Secretaire Administrative
Telephone/Telephone
(506) 674 -4142
Fax /Telecopieur:
(506) 648 -3304
E- mail /Courriel:
Policecoinmission(i saintiohn ca
lr__
SAINT JOHN
Explore our past/
Explorez notre passe
Discover your future/
Decouvrez votre avenir
May 19, 2011
Mayor Ivan Court and
Members of the Common Council
Your Worship and Councillors:
SUBJECT: Request to Present — CrimeMapping.com
CrimeMapping.com is a web -based service which provides the public
with valuable information about recent crime activity in their
neighbourhood. Communities that are engaged and better informed have
proven effective when partnered with the local police service in reducing
crime. The Saint John Police Force a leader in Canada, in providing the
community with web -based crime mapping.
We would request that you schedule a time, at an Open Session
meeting in June, to allow the Force to provide you with a
presentation on this initiative.
Yours truly
Lk
Christopher Waldschutz
Chairman
39
Z
May 5, 2011
City of Saint John
City Hall
15 Market Square
PO Box 1971
Saint John, NB E2L 41_1
Attention Mayor & Council,
DALHOUSIE
UNIVERSITY
Inspiring Minds
Faculty of Medicine
In June 2008, Dalhousie University signed a landmark agreement to offer a medical education
program in New Brunswick in partnership with the Government of New Brunswick and the
University of New Brunswick. In September 2010, Dalhousie Medicine New Brunswick (DMNB)
welcomed its first class of students at the UNBSJ campus.
A key goal of this program is to promote the training, recruitment and retention of physicians and
surgeons in our communities — which are chronically short of doctors. Another key role and
requirement of an accredited medical school is provision of an environment for health research.
Local investment in health research is expected to reap great rewards for New Brunswick by
contributing to the building of healthy, smart communities in which talented people can live and
work.
To establish a medical research program at DMNB, we have launched a $15- million fundraising
campaign to make a significant investment in improving health care in our region.
We have identified three key areas:
1. Biomedical Research Labs - An investment of approximately $5 million is needed to
retro -fit 4,800 square feet of biomedical lab space, including equipment and start up costs.
2. Research Chair, Occupational Medicine - A $5- million endowment to establish a Chair
in Occupational Medicine will promote training, research and technology transfer in the
field of occupational risk prevention and occupational medicine.
3. Medical Student Research Fund - A $5- million endowment will support the creation of
summer research and medical internship opportunities for DMNB students in regional
hospitals.
Medical research is a powerful stimulus for economic development, with every dollar spent
yielding as much as a seven -fold economic benefit. Dalhousie University's Faculty of Medicine
receives $55M in annual medical research grants, accounting for 45% of the university's research
funding, and generating $350M back into the Nova Scotia economy. Historically, New Brunswick
has lagged behind the rest of the country in medical research funding. This campaign marks an
In collaboration with the Government of New Brunswick, the University of New Brunswick and Horizon Health Network
Dalhousie Medical Education Program in New Brunswick • 100 Tucker Park Road, PO Box 5050 • Saint John, NB E2L 41_5 Canada
Tel: 506.636.6000 • Fax: 902.494.1107 • http : / /newbrunswick.medicine.dal.ca
W
-2-
important step forward for New Brunswick and we want to see this initiative fully funded from the
beginning. By raising $15 Million dollars to help kick start medical research at DMNB we will be
able to build and operate the health research infrastructure that will serve the future of New
Brunswick as a research presence on the national and international stage.
During my tenure as Minister of Health for New Brunswick, I spent a lot of time working to help
bring the Dalhousie medical education program to New Brunswick. I consider it one of the most
important new initiatives in our province. Because I believe so strongly in this program, I
continue to be involved with the project and am now giving my time to help establish a medical
research program at DMNB.
I'll be calling in the next few days to set up a time to make a presentation before council. I want
to tell you about some exciting plans we have and I feel certain you're going to find the project as
important as I do.
I do look forward to the visit. I'll be calling in the next few days.
Sincerely,
Mary Schryer
In collaboration with the Government of New Brunswick, the University of New Brunswick and Horizon Health Network
Dalhousie Medical Education Program in New Brunswick • 100 Tucker Park Road, PO Box 5050 • Saint John, NB E2L 4L5 Canada
Tel; 506.636.6000 • Fax: 902.494.1107 • http :l /newbrunswick.medicine.dal.ca
41
Through the $15- million initial campaign for
Dalhousie Medicine New Brunswick (DMNB), we
will make a significant investment in improving health
care in our region by expanding our medical education
program in New Brunswick. Specifically, this campaign
will inject monies into three key areas:
1. Biomedical Research Labs
$5M
An investment of approximately $5 million is needed
for the outfitting of 4,800 feet of biomedical lab
space, including equipment and startup.
2. Research Chair, Occupational Medicine
$5 M Endowed
The Chair in Occupational Medicine will promote
training, research and technology transfer in the field
of occupational risk prevention and occupational
medicine. Emphasis will be on accident prevention
and will include advice, knowledge, workshops,
❑Biomedical
Research Labs ..........................$5M
❑Research Chair in
Occupational Medicine ..............$5M
F-1 Medical Student
Research Fund .........................$5M
Tota I ....... ............................... $15 M
training and dissemination of information for
employers and physicians. The work undertaken
will include a strong outreach component as well
as studies, surveys, accident statistic reports and the
development of teaching materials.
3. Medical Student Research Fund
$5M Endowed
This fund will support the creation of summer
research and medical internship opportunities for
DMNB students in regional hospitals. Monies will
be used to support student research by covering
such expenses as travel and accommodations, plus a
research stipend.
42
DALHOUSIE
UNIVERSITY
Inspiring Minds
REPORT TO COMMON COUNCIL
M &C2011 -120
May 18, 2011
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
71r � I
The City of Saint john
SUBJECT: Public Information Session
Peel Plaza Municipal Infrastructure Upgrades Project — Union Street
PURPOSE
The purpose of this report is to inform Council of a Public Information Session that will be held
in relation to the temporary closure of Union Street as it relates to the Peel Plaza Municipal
Infrastructure project currently underway and to update Council on the status of the project.
BACKGROUND
The approved 2010 Water & Sewerage Utility Fund Capital Program and the 2010 General Fund
Capital Program (Peel Plaza) include projects for the construction of new watermains, sanitary
sewers, storm sewers, full street reconstruction and underground electrical duct work on
Wellington Row, Carleton Street, Union Street and Hazen Avenue. The project was awarded to
Gulf Operators Ltd. (M &C 2010 -278) and has been underway since last construction season.
ANALYSIS
Construction of the overall project began in late summer of 2010 and is expected to be completed
in late fall 2011. Construction this season will involve the closure of Union Street from St.
Patrick Street to Wellington Row to all non -local traffic for the majority of June and July 2011.
This is a major project and the closure of Union Street will impact the local area during
construction. For this reason it is appropriate to hold a Public Information Session to allow local
residents and business owners an opportunity to view the design drawings and traffic
management strategy, ask questions and give their feedback on the Union Street portion of the
construction project. Representatives from the City of Saint John and the project design team
will be available to answer questions related to the proposed project.
43
May 18, 2011
Page 2
The public is invited to attend an information session on this Union Street portion of the Peel
Plaza Municipal Infrastructure project that is scheduled to be held at the Plan SJ storefront,
second level Brunswick Square on Thursday, May 26, 2011 from 11 a.m. to 2 p.m. and from
7:00 p.m. to 9:00 p.m. This report is being provided for the information of Council and to extend
an invitation to any Councilors who may wish to attend the Public Information Session.
The Public Information Session will be advertised and a copy of the attached notice will be
delivered door to door in the project area.
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
J. Patrick Woods, CGA
City Manager
..
The C1ty of Saint John
PUBLIC INFORMATION SESSION
Peel Plaza Municipal Infrastructure Upgrades
The City of Saint John will be installing new infrastructure as part of Capital Program Upgrades on
Union Street from St. Patrick Street to Wellington Row. This project includes the installation of new
water, sanitary Ft storm sewer mains and underground electrical along with the complete
reconstruction of this street including new curb, concrete sidewalk and asphalt paving.
This work on Union Street will begin as early as June 10, 2011 and is expected to be completed before
the end of August 2011.
Representatives from the City of Saint John and the project design team will be available to answer
questions related to the proposed project. The public is invited to attend an information session on
this project on the following date and times:
Date: Thursday, May 26, 2011
Time: 11 :00 am - 2:00 pm and 7:00 pm - 9:00 pm
Location: Plan SJ Storefront - Second Level Brunswick Square
For further information about this project, contact Municipal Operations £t Engineering at
(506) 658 -4455
45
REPORT TO COMMON COUNCIL
M &C 2011 -122
May 18th, 2011
His Worship Mayor Ivan Court
& Members of Common Council
Your Worship and Members of Council,
City of Saim John
SUBJECT: June 13, 2011 Special Committee of the Whole Council meeting
on the Draft Municipal Plan
BACKGROUND:
On March 14th Council approved the P1anSJ Growth Strategy, a key deliverable
for the process to develop a new Municipal Plan for Saint John. Over the course
of the past couple of months the P1anSJ team has been working to translate the
City's Growth Strategy into policies to be included in a new Municipal Plan.
Once adopted, the new Municipal Plan will replace the current plan which was
approved nearly 40 years ago.
A public workshop held in April at Barnhill Memorial School on the west side
was a key input to this stage of the project and has shaped the development of a
"draft" Municipal Plan. The draft Municipal Plan is now under review by the
staff Steering Committee, the P1anSJ Citizen Advisory Committee and our
consultants to prepare a document that will be available for public review prior to
Council's formal adoption process planned for fall of this year.
The next major public engagement planned for P1anSJ will focus on the review of
the draft Municipal Plan. This public open house is planned for June 15th at 5:30
pm at Saint John High School in the Uptown. It will feature a presentation of the
Plan and interactive stations where members of the public can gain more
information and provide public feedback on the draft Plan. During the course of
this week, the P1anSJ team will also be scheduling targeted engagements with
Common Council, its P1anSJ Project Steering Committee and Citizen Advisory
Committee and stakeholders representing major landowners and the Development
Industry. The purpose of these engagements are to provide a full briefing on the
Draft Municipal Plan in advance of a month long public review period when the
public and stakeholder and community groups will be invited to review and
M &C- 2011 -122 -2- May 24, 2011
provide submissions on the Draft Plan. This will provide a valuable opportunity to
test many aspects of the Municipal plan while it is still a "work in progress ".
PURPOSE!
The purpose of this report is to request that Council reserve a special meeting date
on June 13th 2011 to have an opportunity for a full briefing on the Draft
Municipal Plan prior to its presentation to the public in mid June. This meeting is
intended to be an open Council session.
ANALYSIS:
Common Council has scheduled periodic special meetings throughout the course
of the P1anSJ process. These meetings are valuable to ensure Council is onboard
as the team moves through the various stages of this project. This is a critical
time for Council input on the Plan. The special session is intended to provide
Council with a briefing of the Municipal Plan. It also provides an opportunity for
members of Council to raise questions or issues to be addressed in the Plan before
the formal adoption process in the fall.
Following the June engagement, the P1anSJ team will be preparing a final version
of the Municipal Plan to be considered by Common Council through the formal
adoption process prescribed under the New Brunswick Community Planning Act.
FINANCIAL IMPLICATIONS:
There are no financial implications to this report. Staff has created a cost centre
specifically to track expenses related to the municipal plan to improve
accountability and tracking of municipal plan costs over the course of the project.
RECOMMENDATION:
It is recommended that Common Council agree to meet in an open session of
Committee of the Whole on Monday June 13th, 2011 to receive a briefing on the
Draft Municipal Plan.
Respectfully submitted,
Ken Forrest, MCIP RPP J. Patrick Woods, CGA
Commissioner City Manager
Planning and Development
47
' REPORT TO COMMON COUNCIL
M &C- 2011 -116
May 9, 2011
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Uptown Saint John - Facade Incentive Program 2011
INTRODUCTION
M-711.
City of Saint John
The City of Saint John entered into a partnership with Uptown Saint John in 2010
to co -fund an incentive program for property owners to improve building facades
within the business improvement area. Common Council approved a maximum
contribution of $10,000 provided that the City's contribution be used to pay no
more than 50% of the value of any approved grant and that all program
administration costs be the responsibility of Uptown Saint John Incorporated.
Uptown Saint John would like to continue this program for 2011 and has
requested that the City consider making the same financial commitment.
DISCUSSION
The facade incentive program was a success in 2010 with 4 projects receiving
total funding of $8,470.00. The Uptown/City funding leveraged more than
$60,000 of facade improvements in the Uptown core.
The City of Saint John has allocated a total of $750,000 in the General Capital
Fund for the provision of development incentives. Staff are pleased with the
success of the facade program in 2010 and believe that funding should be
continued in 2011. Adequate funding exists within the development incentive
program budget for the City to provide $10,000 to partner with Uptown Saint
John in this initiative. The development of strategic partnerships such as the
proposal submitted by Uptown Saint John is an excellent example of the value of
agencies with complementary mandates cooperating to encourage investment in
our community.
.•
M &C- 2011 -116 -2- May 24, 2011
COMPLIANCE WITH THE GROWTH STRATEGY
The Growth Strategy adopted as part of the Plan SJ process strongly supports the
development and redevelopment of buildings in the Uptown Area. The City's
renewed emphasis on quality urban design is a critical component of making the
Uptown a desirable place to live, work, and play and the Uptown Facade Program
is a tangible investment by the City that implements our community's growth
strategy on the ground.
RECOMMENDATION
That Common Council approve a contribution of $10,000 from the General
Capital Fund — Development Incentive Program to Uptown Saint John
Incorporated to partner in the implementation of Uptown Saint John's Facade
Program 2011 subject to the following conditions:
That the City's contribution be used to pay no more than 50% of the value
of any approved grant and that all program administration costs be the
responsibility of Uptown Saint John Incorporated; and
That any portion of the City's contribution not paid out in the form of a
grant be repaid to the City at the conclusion of the program.
Further, it is recommended that the Commissioner of Planning and Development
be directed to name a qualified staff member to serve as the City's representative
on the Facade Program Committee.
Respectfully submitted,
Ken Forrest, MCIP RPP
Commissioner of Planning and Development
atrick Woods, C.G.A.
City Manager
OPEN SESSION
May 18, 2011
His Worship Mayor Ivan Court
And Members of Common Council
Your Worship and Councillors:
SUBJECT: Terms of the May 2011 Debenture Issue
BACKGROUND:
On May 11, 2011 the New Brunswick Municipal Finance Corporation negotiated
the sale of a bond issue in the amount of $115,700,000, of which $41,000,000
related to the City of Saint John 2010 Capital Program.
ANALYSIS:
The terms of the issue as they relate to Saint John are as follows:
Term: 10 year, serial form
Coupon Rate: Year 1
— 1.650
Year 2
— 2.100
Year 3
— 2.500
Year 4
— 2.850
Year 5
— 3.150
Price: $ 98.91
Average Yield: 4.028%
Settlement Date: May 27, 2011
(44)-.
SAINT JOHN
$41,000,000.
Year 6 —
3.450
Year 7 —
3.700
Year 8 —
3.900
Year 9 —
4.100
Year 10 —
4.250
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
50
May 18, 2011
Re: Terms of the May 2011 Debenture Issue
Page 2
Note: With respect to the General Fund debt, other than the Police Complex
which will be amortized over a twenty five year period, is now being amortized
over a fifteen year period and for the Water & Sewerage Utility debt is being
amortized over a 20 year period. As a result a portion of the current debenture
issue will have to be refinanced after the initial 10 year term. For the General
Fund, $7,330,000 will be refinanced in 2021 for a period not to exceed five years,
$3,000,000 will be refinanced in 2021 for a period not to exceed fifteen years and
for the Water & Sewerage Utility, $7,000,000 will be refinanced in 2021 for a
period not to exceed ten years.
The interest rates and the discount factor were within the limits approved by
Common Council at its meeting held on April 4th, 2011. As such the Mayor and
Common Clerk have signed the debentures between the City and the New
Brunswick Municipal Finance Corporation for $41,000,000 at the terms listed
above on May 18th, 2011.
RECOMMENDATION:
It is recommended that this report be received and filed.
Respectfully subm
Gregoff"i/lyeomans, CGA, MBA
Com i ioner of Finance
51
REPORT TO COMMON COUNCIL
M & C — 2011 -114
19 May 2011
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
vv �
SUBJECT: Tender for the Scott Air Pack Upgrade
BACKGROUND:
Tenders have been received for the upgrade of 20 Scott Air Packs, presently
configured to the 1997 Edition, to NFPA 1981- 2007 Edition.
The life expectancy of self - contained breathing apparatus (SCBA) is about 15 years;
however the life of SCBA packs purchased prior to year 2000 can be extended by
upgrading them to the 2007 Edition standards. With the cost of upgrading being
about half the cost of a new pack, the Fire Department plans to upgrade 20 packs
during 2011. This process will extend their life expectancy for an additional ten (10)
years.
ANALYSIS:
Four companies responded to the City's tender call by submitting bids. One of the
companies, MicMac Fire & Safety recognized immediately after the tender opening
that they had made an error in their understanding of the requirements of the bid and
have submitted a letter to my attention requesting permission to withdraw their bid.
Staffs of the Saint John Fire Department and Materials and Fleet Management have
reviewed the bids and have found that; a)MicMac's claim of an error in their
understanding of the bid is correct and therefore support their request to withdraw
and b) that the remaining bids are complete in every regard.
Enclosed please find a bid summary for your consideration.
52
PAGE TWO
FINANCIAL IMPLICATIONS:
In addition to the cost to upgrade each air pack staff requested an hourly rate charge
for any, if necessary, additional repairs to the units. It is anticipated that this
requirement will be minimal and as such did not factor into the evaluation of the
bids.
If awarded as recommended, the estimated total cost for the upgrade of the 20 Scott
Air Packs will be $56,340.00 plus tax.
This is a planned expenditure and as such funds are included in the 2011 Capital
Budget for Fire Equipment.
RECOMMENDATION:
It is recommended that Council; 1) accept MicMac Fire and Safety's written request
to withdraw from the competition and 2) accept the bid submitted by Levitt Safety in
the amount of $2,817.00/ea plus tax, for the upgrade of Scott Air Packs to NPFA
1981 - 2007 Edition standards.
Respectfully submitted,
(j- j �,
David Logan
Purchasing Agent
Patrick Woods
City Manager
53
City of Saint John
Tender Summary
2011- 424001 T
Upgrade Scott Air Packs — Saint John Fire Department
Tender Opening: 2:30 P.M., Wednesday, March 09, 2011
2nd Floor Boardroom, 175 Rothesay Avenue
*Indicates Recommendation
6V
Acklands
Safety
Levitt
MicMac
Granger
Source
Safety
Fire &
Safety
20
Conversation /upgrade of air packs configured to
$3,708.57
$2,950.00
$2,817.00*
$2,343.00
the 1997 standard (as noted herein) to the 2007
standard (as noted herein)
Miscellaneous repairs as authorized by SJFD, PER HOUR
$57.80
$59.00
$70.00*
$60.00
*Indicates Recommendation
6V
The dry of Saint John
Mayor Ivan Court
Mayor's Office
Bureau du maire
l4 r
SAINT JOHN
WHEREAS:
PROCLAMATION
one in three Canadian families cannot afford to involve their
children in sport or recreational activities; and
WHEREAS: Jumpstart believes all kids should have the chance to run,
skate, play, grow and participate in organized sports and
recreation such as hockey, dance, swimming, and basketball
so they can develop important life skills, self esteem and
confidence; and
WHEREAS: Canadian Tire Jumpstart helps kids in financial need
participate in organized sport and recreation with 100% of
customer donations going directly to kids in this community;
WHEREAS: since 2005, Canadian Tire Jumpstart has helped more than
315,000 kids across Canada participate in organized physical
activities including 1817 kids here in Saint John.
WHEREAS: Jumpstart Day is a day dedicated to raising awareness across
Canada so all kids can play;
NOW THEREFORE. I, Mayor Ivan Court — C-4—Saint
John do hereby
proclaim May 28th, 2011 as JUMPSTART DAY to give kids a sporting chance.
In witness whereof I have set my hand and qfflxed the official sea[ of the
Mayor of the City of Saint John.
P.O. Box 1971 Saint John, NB Canada E2L41-1 I www.saintjohn.ca
55
C.P. 1971 Saint John, N. -B. Canada E2L 4L1
Mayor Ivan Court
Mayor's Office
Bureau du maire
(PO --
SAINT JOHN
PROCLAMATION
WHEREAS: the City of Saint John is committed to assisting
citizens with disabilities to participate fully in the
resources of our community; and
WHEREAS: many persons living with disabilities face barriers
in the areas of employment, access to
information, transportation, housing, education,
recreation and other disability- related supports;
and
WHEREAS: we believe that more citizens with disabilities
should have the chance to access appropriate
disability related supports to improve their
opportunities in New Brunswick; and
WHEREAS: we support the theme
"Yes we Can! ";
NOW THEREFORE: I, Mayor Ivan Court, C��° -- ���(_ of
Saint John do hereby request that citizens join in recognizing persons
with disabilities and their potential role in our community by the
observance of Disability Awareness Week, May 291h to June 4th, 2011
In witness whereof I have set my hand and affixed the official seal
of the Mayor of the City of Saint John.
P.O. Sox 1971 Saint John, NB Canada E2L 411 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L4L1
56
(a)—
SAINT JOHN
PROCLAMATION
WHEREAS: the Canadian Charter of Rights and Freedoms, the Canadian
Human Rights Act prohibit discrimination on the basis of
sexual orientation; and
WHEREAS: we are striving to make New Brunswick and the Greater Saint
John Area a society open to everyone regardless of sexual
orientation, gender identity or gender expression; and
WHEREAS: Saint John is the Cultural Capital of Canada; and
WHEREAS: the City of Saint John celebrates 226 years of diversity since
becoming Canada's first Incorporated City; and
WHEREAS: homophobia and transphobia remain present in society
despite efforts to the contrary; and
WHEREAS: there is a wide spread general agreement opposing
discrimination and more specifically homophobia and
transphobia; and
WHEREAS: the seventeenth day of May is the International Day Against
Homophobia and Transphobia; and
WHEREAS: there is reason to endorse the efforts of Fondation
Emergence, PFLAG Canada, PFLAG Canada's Saint John
Chapter, The Unitarian Universalist Congregation of Saint
John, Centenary Queen Square United Church, Port City
Rainbow Pride Inc., AIDS Saint John, the respective
Gay /Straight Alliance Student Organizations at Harbour
View High School, Saint John High School, St. Malachy's
High School, Hampton High School and the UNBSJ Q-
Collective in holding this day;
NOW THEREFORE: I, Mayor Ivan Court, 6 -,— CJ-0f Saint John do
hereby proclaim May 17`h past as International Day Against Homophobia and
Transphobia.
In witness whereof I have set my hand and affixed the official seal of the Mayo
of the City of Saint John.
P.O. Box 1971 Saint John, NB Canada EIL 41 3 www.saintjohnxa I CY 1971 Sc .r irh �, -1i
57
N
May 18, 2011
Thank you for taking the time to consider our motion. It is our hope that the
information provided will help delegates make an informed decision regarding a
proposed bylaw to section 83.1 of the criminal code of Canada, which would allow prize
fighting, including mixed martial arts (MMA) events, to be held in the city of Saint John,
NB.
Shortly you will be deciding on whether or not the city solicitor should draft a bylaw that
would allow the city to benefit from combat sporting events to take place within the city.
It is our intention to present facts about the sport that negate the perception that the sport
is high risk and prone to high levels of injury. We will also attempt to answer any
questions or concerns you may have.
MMA Comparison To Other Sports (Injuries)
The main concern against Mixed Martial Arts (MMA) is safety.
It is important to stress that mixed martial arts, properly regulated and supervised has
been proven much safer than boxing by scientific studies. Sports related emergency
room injury statistics show that MMA is safer than football, gymnastics, and even our
national past time- Hockey.
At first glance this may seem implausible but MMA athletes are professional and have
trained mentally and physically. MMA Athletes are prepared to withstand high intensity
body contact provided they fight within official regulations and guidelines. While similar
precautions are taken in other full contact sports there is no way to train the body to
protect a player from accidental contact; being smashed into boards, receiving a puck to
the face or being tackled by a 340 lb linebacker.
MMA Comparison To Other Sports (Economic Benefits)
The economic value of bringing mixed martial arts events to Saint John is tremendous.
Ground N pound Entertainment will generate $92,000 in revenue with each event, plus
$18,400 in tax profit. Annually this means a growth of $441,600 for The City of Saint John,
with $73,600 of this being tax profit alone. To host each event, we will also require
approximately 43 employees, bringing over 170 new jobs per year to Saint John directly
from Ground N Pound Entertainment. These events are the beginning of new economic
activity in our city.
Saint John is continuously striving to draw increasing crowds /tourism to our great city. We
rely on income from tourism, and strive for continuous growth. During these events, we
predict to have 2900 people in attendance, roughly 500 of these spectators will be from
outside of Saint John. This means a minimum of 2000 people annually will be drawn to the
city for this entertainment. Ground N Pound Entertainment will not be the only organization
benefiting from this. Out of town visitors will be shopping at our malls, visiting our night
clubs, hotels, restaurants, zoo, Reversing Falls and other local attractions.
The night of the event, we will be having an after party, encouraging people to explore the
city and enjoy the nightlife. Before attendees come out they will want to look good. Buying
new clothes going out to eat prior to the event. We expect the spin -off income from these
events to be close in numbers to what we make in revenue. The amount will be close to
$80,000 spent in general throughout The City of Saint John during these weekends.
Ground N Pound is a local and friendly company with roots here in Saint John. Every event
held here we are donating to local causes that we feel need help from businesses like ours.
We will be donating large sums of money to places like Romaro house, Ca -r -ma, Cherry
Brook Zoo, ect. We plan on putting on a full day of charity for the Cherry Brook Zoo alone.
An annual revenue of $15,000 into places like these, while showing our youth proper
passion, discipline and confidence.
Current Public Interest Rate for MMA & UFC world wide
Canada is the world center for MMA and UFC sports in terms of public Interest. Canada has the highest Interest growth and time spent rates
on MMA and UFC per- capita more than any other country.
Regional interest ° MMA" O Region C_,yt
1. Canada 100
2. Poland 94
3. United States 82
4. Ireland so
5. Sweden 033
to
6. France 54 ' p
�y. r
7. Australia 50
8. Bulgaria 50.__ `b
9. United Kingdom 49
10. Finland 48
Search volume Index y
0 "IMEMEN'.0-
Regional interest " UFC " O Region can t
1. Canada
2. Brazil IS 4%
3. Philippines 54
4. United States 52
5. Australia 52
6. Croatia 40
7. Ireland 35
B. New Zealand 32
9. United Kingdom X24
10. Finland X23
Search volume Index i+
0 ]MENEM 100 V
Web Search Interest Growth Rate for (MMA & UFC), Canada 2004 - present
web search includes, news search, products search, video & image search, social media, etc.
Interest over time
, 1 ,
2004 2003
2006 2007
Regional interest
1. Prince Edward Island
100
2. Ontario
92
3. Manitoba
as
4. British Columbia
as
5. Saskatchewan
97
6. Nova Scotia
83
7. Alberta
82
8. Newfoundland
e7
9. New Brunswick
ee
10. Quebec
39
2008 ' ' ' 2009 2010
Q Zoom Out
Seas
100
80
- -- j 60
40
20
0
2011
O Subregion Cit
carcnercogrounanpouna.ca I www. grounanpouna.ca
COUNSEL
Rr.A[ ESTATi
AK %I K%I:. 511(1 /,.
December 23, 2010
Mark Reade, P.Eng., MC IP, UP
Senior Planner / Urbaniste Principal
Planning & Development / Urbanisme & Developpement
1 0th Floor, City Hall
City of Saint John
11.0. Box 1971
Saint John, NB
E2L 4L1
Dear Mark,
Re: 641 -659 Harding Street, Saint John
I would like to provide you with a broad description of our current intent to develop the
above —noted property. The addresses of the properties describe about three- quarters of
the lands 1 need you to consider for re- zoning. The balance of the lands are now owned
by the City and are to be conveyed to us as part of the land swap that permitted
installation of the new signalized intersection and relocation of the Harding connector
road between Harding and Fairville Boulevard. The last parcel reflected on this plan is
the Counsel share of the end of Harding Street that is expected to be closed in the near
future and which Counsel will purchase from the City. The aggregate property consists
of about one acre of land.
This property occupies a prominent location on the West Side of Saint John and is
located along Fairville Boulevard across from Lancaster Mall. In keeping with the
surrounding land uses we propose to re -zone the property to permit retail and restaurant
uses. Our expectation is that we will have one restaurant requiring a liquor license
among the tenants to whom we will lease space. The SZ -22 zone would provide a legal
framework within which we could carry forward with this plan.
Attached is a CAD and PDF version of our plan as it exists today for which we have
sufficient tenant interest to proceed in. the spring of 2011 to develop assuming these
agreements are ratified by both Landlord and Tenant.
a DEC 3 12010
63
COUN S E L
R F.AI ESTAT t
AFI \}R1 IN 1111 , -
The property now owned by Counsel Fairville Limited is partially zoned I-1 and partial l}
zoned Residential. All buildings on the site were demolished in the winter of 2009. The
most sensible approach to future development is to re-zone all the component properties
to SZ -22. We request, therefore, your consideration of this request.
Yours truly,
ounsel Fairville Limited
Bruce Creber
APPROVALS
UIYJTIE'S APPR6VAL
P1764ANT TO SECTION 5 OF bOCIUTLD
WITH THE FILING OF THIS PLAN.
FOR: THE POWER CMUSSiON OF THE
CITY OF SAINT JON
FOR: BELL ALIANT REGIONAL
COMMUNCATKI S INC.
HARDING STREET
SURVEY
AREA'
A
In1IlC 1 i / I
n
I ALAI ITY SKFTCH
LEGEND
L)QcLqmNIt,
OESORTKYI
suns
COUNSEL FAIRVILLE LIMITED
e
•tM. nti mm.tf ,r,.rxt
A
PIDS 000.35121 AND 5511520E
PID 00032771
n.,ora u�r rwu ttA®
O
u.wnm
W
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crnuo tmraua ton
O
om�r r .Hurt / r.a
rr/•.lr�
ItAW1D >r>nuK lotlOq'
CITY OF SAINT JOHN.
PIDS 53056832, 00004140 AND 0OW4112
l
COUNTY OF SAD1T JOI/I, PROVINCE OF NEW OMAWM err
DEED /TRANSFER: 2594001L0
YIKI 1�
a r ■ r
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ai r4 M N!r
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O
WwD /IIY k.r
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IN TI,
MPf
W IOi
TK1
-AS USED HEREIN. THE WORD CERTIFY SHALL MEAN AN
�/7�
GENT
Ub, Mf
Vl 111
POMfN
THE BEST OF ITS INFORMATION, KNOWLEDGE AND BELIEF, AND
DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE
CONSULTANT.
„war
a
rm,{i �a,n
—
YLn /CI / O!1
1P
RECORDS,
ALL DISTANCES SHOWN ARE CALCULATED GRID DISTANCES.
I RUMMY CERTIFY THAT Tay FINN IS CORRECT.
N.01
- CERTFlCATION IS NOT MADE AS TO LEGAL TITLE, BEING THE
Wnl OrD,r
sY
IIrC VYRI U>OtDll
rat
rY r.r.a w atRto
twi
OuatuK a' �>Orm
44
rU Ptv,Ltoi,vo
!P1
baa W11o1
THE DOCUMENT(S) AND-THE LOCATION OF ANY UIWLO
W
IAnf tLS1 ul, 11 M RM
YQrR /iilF CAB !P n On
[r-0
DUL1pNLN T`U
L)QcLqmNIt,
PtatPnSE of PLAN
COUNSEL FAIRVILLE LIMITED
COUNSEL LANCASTER Lna7EA
-TD CREATE FARMLLE t01AEVARD (PUBLIC STREETS PURSUAN
COUNSEL FAIRVILLE LIMITED
PIDS 000.35121 AND 5511520E
PID 00032771
TO SECTION W4XA) OF THE Caa&"TY PLANNNO ACT, 1073,
SUBDI
DEED/TRANSFER: 259460.71
OEED/TRANSFFR: 2(900734
-TO CRE_ATE_PUBUC UTILITY EASD4EWTS (P.L)X -) SHOW
V1SION
DATED: 2008 -08-01
CATCO: 2008 -03-31
THLH -- _ _ -, PURSUANT TO SECTION A waxA710N E4 -217,
SITUATED IIARMW STREET AND FADRVILE BOIAEVARA
AND
OF THE OMOAR✓1TY PLAN)WO ACT,107a
CITY OF SAINT JOHN.
PIDS 53056832, 00004140 AND 0OW4112
COUNTY OF SAD1T JOI/I, PROVINCE OF NEW OMAWM err
DEED /TRANSFER: 2594001L0
a r ■ r
DATED: 2008 -07 -31
NOTE$
ECAIL 1;71113
- DIRECTIONS ARE N.B. GRID AZIMUTHS OERN D FROM THE N.B.
0E" qQ NATLw_-
Dy�`S �AT�
GRID MONUMENTS TABULATED HEREON,
SCALE FACTOR USED WAS 1.000035.
-THE DOCUMENT NUMBERS REFERRED TO ON T PLAN ARE
�0A>t4n�'IarAOR�
THOSE OF THE COUNTY REGISTRY OFFICE
TK1
-AS USED HEREIN. THE WORD CERTIFY SHALL MEAN AN
�/7�
GENT
EXPRESSION OFTiE CONSULTANT'S PROFESSIONAL OPINION TO
Vl 111
THE BEST OF ITS INFORMATION, KNOWLEDGE AND BELIEF, AND
DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE
CONSULTANT.
- ADJACENT OWNER WaRkiATWN GINTAIED 1`11011 SNB
Fdi: COUNSEL FAItiY7.LE WITED
FOR: OUII75EL LANCASTER L1OTm
RECORDS,
ALL DISTANCES SHOWN ARE CALCULATED GRID DISTANCES.
I RUMMY CERTIFY THAT Tay FINN IS CORRECT.
, B.
- CERTFlCATION IS NOT MADE AS TO LEGAL TITLE, BEING THE
sY
DOMAIN OF A LAWYER, NOR TO THE ZONING & SETBACK
BY -LAWS OR REGULATIONS, BONG THE DOMAIN OF A
DEVELOPMENT OFFICER.
k ].._ N.B1S
N0. iailtil
- CERTIFICATION IS NOT MACE AS 70 CDOEHANTS SET OUT IN
S BY ANDREW, K. TOOLE, N.B.LS.
THE DOCUMENT(S) AND-THE LOCATION OF ANY UIWLO
SERVICES AND /OR FIXTURES, PERMANENT OR OTERWISE.
DATED' OCT�R 12, 2010 J370
9
q�G
- INITIAL FIELD SURVEY WAS COMPLETED JULY 10, 2008
p a, fIIA Itmbw1
FOIE COUNSEL FA6tHLE UYTFD
FOR: OOlIT5i1 LANCASTER LLITED
m trmTma clrk clml►AS tat:
65
700 Applewood Crescent, Vaughan, ON, L4K 5X3
VIA EMAIL & OVERNIGHT COURIER
April 11, 2011
City of Saint John
PO Box 1971
Saint John, NB
EM 4L1
Attention: Mr. Mark Reade, Senior Planner
Planning and Development
Dear Mr. Read
Telephone (905) 760 -6200 Fax (905) 760 -6201
RE: Zoning Amendment, Harding and Fairview
Counsel Corporation, the previous owners of the above noted property, commenced a zoning
amendment on the subject site. Retrocom purchased the site from Counsel Corporation in January
of 2011. SmartCentres provides leasing and development services to Retrocom. Retrocom would
like to proceed with the amendment.
Pursuant to our meeting in your office on April 5, 2011 this letter and attached site plan are
addendums to the zoning application. We are seeking the City's good consideration to amend the
City's Zoning Bylaw for our subject lands to Special Zone (SZ -22); permitting both a lounge liquor
license and dining room liquor license along with the uses noted in the General Business (B -2) zone.
The attached site plan is for illustration purposes only, and reflects the possible layout of retail
buildings on the site. It illustrates setbacks, parking and access and egress, assuming the General
Business (B -2) Zone. We will provide the City with a site specific site plan upon acquiring
contractual agreements with perspective tenants and making application for a development permit
and building permit.
Ilookfo rd to your re r and comments on our application.
7724993 Canada Inc.
i
and Development
Attachments: Site Plan
..
Per: _
Daniel Kolber, Vice President
s
.ai
t
a
10. 10 20 00 40 s0
SCALE : 1:400
SITE STATISTICS
TOTAL SITE AREA: 54,452.7
BUILDING AREA (GFA): 12,425
PARKING REQUIRED: 41 CARS
PARKING PROVIDED: 42 CARS
67
a
a
I � �
w
•
s
s
bw
SF (1.25 ACRES)
SF (1,154.3 SM)
(3.32/1000 SF)(1/28 SM)
(3.38/1000 SF)(1 /27.5 SM)
KEY PLAN
CONCEPTUAL SITE PLAN A
RETAIL USES
SD=005
n r,or rr r.r�
�r. w.� wr. w� �� r4. e r •dam
M1 wt. rlr'4e r�wY,w wwswrww�rrrri
�r ^ti r•rr�rrrrvr rtrr rrr
w.r e r rrr
PROJECT NAME:
SAINT JOHN
NEW BRUNSWICK
LOCATION:
FAIRVILLE BLVD & HARDING ST.
SAINT JOHN, NEW BRUNSWICK
SMWT
=f Gum a arrt tm
� afftmw�
� I1222 I
�,.� 1
FB
1 ,425
F
.
2.927 51
1.8m SF 1.500 ¢
5.100 SF b
41.00'
25.70' 35.79'
0
r.
74.62'
w
a
4 TOTAL PARKING 42 CARS
t
a
10. 10 20 00 40 s0
SCALE : 1:400
SITE STATISTICS
TOTAL SITE AREA: 54,452.7
BUILDING AREA (GFA): 12,425
PARKING REQUIRED: 41 CARS
PARKING PROVIDED: 42 CARS
67
a
a
I � �
w
•
s
s
bw
SF (1.25 ACRES)
SF (1,154.3 SM)
(3.32/1000 SF)(1/28 SM)
(3.38/1000 SF)(1 /27.5 SM)
KEY PLAN
CONCEPTUAL SITE PLAN A
RETAIL USES
SD=005
n r,or rr r.r�
�r. w.� wr. w� �� r4. e r •dam
M1 wt. rlr'4e r�wY,w wwswrww�rrrri
�r ^ti r•rr�rrrrvr rtrr rrr
w.r e r rrr
PROJECT NAME:
SAINT JOHN
NEW BRUNSWICK
LOCATION:
FAIRVILLE BLVD & HARDING ST.
SAINT JOHN, NEW BRUNSWICK
SMWT
=f Gum a arrt tm
� afftmw�
� I1222 I
�,.� 1
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud et Number: 110 0801 442 2010
Department: Common Clerk's Office Account # 71206
Contact: Elizabeth Gormle
Phone: 506 658 -2862
Fax: 50 674 -4214
Special Instructions (if any):
Reference: Public Notice Zoning by -law amendment 646 Fairville Blvd
Newspaper
Insertion Dates
Tuesday 2011 -04 -26
Tuesday 2011 -05 -17
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ General Notice ❑ Tender ❑ Proposal
IN Public Notice
Sub - Headline
if applicable):
Text:
INSERT ATTACHED
Call to Action:
Elizabeth Gormley, Common Clerk/Greftiere communale
Contact:
Telephone: (506) 658 -2862
1*01:3
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 646 FAIRVILLE BOULEVARD
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 Tuesday, May 24, 2011 at
7:00 p.m., by:
Rezoning a parcel of land having an area of
approximately 5100 square metres, located at 646
Fairville Boulevard, also identified as PID Nos.
55056832, 00034140, 00034132, 00035030,
00036525, 55061295, 55203020, a portion of PID
55210694 and a portion of Fairville Boulevard,
from "I -l" Light Industrial and "RM -1" Three
Storey Multiple Residential to "SZ -22" Special
Zone ##22, as illustrated below.
[INSERT MAP]
REASON FOR CHANGE:
To permit an approximately 1150- square -metre
commercial development.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Elizabeth Gormley, Common Clerk
658 -2862
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 646, BOULEVARD FAIRVILLE
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'etudier la modification
suivante a I'arrete sur le nonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra dans ]a saile du Conseil le mardi 24 mai
2011 a 19 h:
Rezonage d'une parcelle de terrain dune
superficie d'environ 5 100 metres canes, situee au
646, boulevard Fairville, et portant les NID
55056832, 00034140, 00034132, 00035030,
00036525, 55061295, 55203020, et faisant
6galement une pantie du NID 55210694 et une
partie du boulevard Fairville, de zone d'industrie
legere o 1 -1 » et zone d'editices i Iogements
multiples de trois etages <<RM -1» a zone
sp6ciale n° 22 o SZ-22 », comme le montre la
carte ci- dessous.
[INSERER LA CARTE]
RAISON DE LA MODIFICATION:
Permettre un batiment commercial dune superficie
d'environ 1 150 metres carr6s.
Toute personne interessee peut examiner le projet
de modification au bureau de la greffiere
communale ou au bureau de Purbanisme et du
developpement a Ph6tel de ville situe au 15,
Market Square, a Saint John, au Nouveau -
Brunswick., entre 8 h 30 et 16 h 30 du lundi au
vendredi, sauf les jours f6ri6s.
We]
Veuillez faire part de vos objections au projet de
modification par ecrit a ('attention du soussigne a
I'h6tel de ville.
Si vous exigez des services frangais pour une
reunion de Conseil Communal, s'il vous plait
contacter le bureau de la greffiere communale.
Elizabeth Gormley, Greffiere communale
658 -2862
PUBLIC NOTICE
AVIS PUBLIC
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 Tuesday. May 24, 2011
at 7:00 p.m.. by:
Rezoning a parcel of land having an area of
approximately 5100 square metres, located at
646 Fairville Boulevard, also identified as PID
Nos. 55056832, 00034140, 00034132. 00035030,
00036525, 55061295, 55203020. a portion of PID
55210694 and a portion of Fairville Boulevard.
from 4-1" Light Industrial and "RM -1" Three
Storey Multiple Residential to "SZ -22" Special
Zone #22, as illustrated below.
r�
REASON FOR CHANGE:
To permit an approximately - ;
1150 - square- inetre commercial �2\,
development.
I a�
The proposed amendment may
be inspected by any interested
person at the office of the Common Clerk, or
in the office of Planning and Development, City
Hall, 15 Market Square, Saint John, N.B. between
the hours of 8:30 a.m. and 4:30 p.m., Monday
through Friday. inclusive, holidays excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Elizabeth Gormley, Common Clerk
658 -2862
Par les pr6sentes, un avis public est donne par
lequel le conseii communal de The City of
Saint John indique son intention d'6tudier la
modification suivante a I'arret& sur le zonage
de The City of Saint John, lors de ]a reunion
ordinaire qui se tiendra dans la salle du conseil le
mardi 24 mai 2011 a 19 h :
Rezonage dune parcelle de terrain d'une
superficie d'environ 5 100 metres carr6s, situ6e
au 646, boulevard Fairville, et portant les NID
55056832, 00034140. 00034132, 00035030.
00036525, 55061295. 55203020, et faisant
6galement une partie du NID 55210694 et une
partie du boulevard Fairville, de zone d'industrie
I6gere « I -1 » et zone Vdifices i logements
multiples de trois stages «RM -1» a zone sp6ciale
n° 22 « SZ-22 », comme le
montre la carte ci- dessous.
RAISON DE LA
MODIFICATION:
Permettre un batiment
�f commercial dune superficie
d'environ 1 150 metres carr &s.
Toute personne int6ressee
peut examiner le projet de
modification au bureau de la greffiere communale
ou au bureau de l'urbanisme et du d6veloppement
A 1'h6tel de ville situ& au 15, Market Square, a
Saint John, au Nouveau- Brunswick., entre 8 h
30 et 16 h 30 du lundi au vendredi, sauf les jours
Rri&s.
Veuillez faire part de vos objections au projet de
modification par 6crit a ]'attention du soussign6 a
1'h6tel de ville.
Si vous exigez des services frangais pour une
r &union de Conseil Communal, s'il vous plait
contacter le bureau de la arelf'iere communale.
Elizabeth Gormley, Greffi &re communale
658 -2862
4712687
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 5100 square metres, located
at 646 Fairville Boulevard, also identified
as PID Nos. 55056832, 00034140,
00034132, 00035030, 00036525,
55061295, 55203020, a portion of PID
55210694 and a portion of Fairville
Boulevard, from "I -1" Light Industrial and
"RM -1" Three Storey Multiple Residential
to "SZ -22" Special Zone #22
ARRETE No C.P. 110 -
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une r6union du conseil
communal, The City of Saint John a
d6cr6t6 ce qui suit :
L'arret6 sur le zonage de The City
of Saint John, d6cr6t6 le dix -neuf (19)
d6cembre 2005, est modifi6 par:
1 La modification de 1'annexe aA>>,
Plan de nonage de The City of Saint John,
permettant de modifier la d6signation pour
parcelle de terrain dune superficie
d'environ 5 100 metres carr6s, situde au
646, boulevard Fairville, et portant les N1D
55056832, 00034140, 00034132,
00035030, 00036525, 55061295,
55203020, et faisant 6galement une partie
du NID 55210694 et une partie du
boulevard Fairville, de zone d'industrie
16gere « I -1 » et zone d'6difices a
logements multiples de trois 6tages «RM-
l» a zone sp&ciale n° 22 a SZ -22 »
- all as shown on the plan attached hereto - toutes les modifications sont indiqudes sur
and forming part of this by -law. le plan ci joint et font partie du pr6sent
arret6.
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. 2011
and signed by:
Mayor /Maire
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arr6t6 le 2011,
avec les signatures suivantes :
Common Clerk/Greffi6re communale
First Reading -
Premi6re lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisieme lecture
72
May 18, 2011
Your Worship and Councillors:
SUBJECT: Proposed Rezoning - 646 Fairville Boulevard
On April 26, 2011 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 17, 2011 meeting.
Mr. Doug Bundy of Smart Centres / Retrocom REIT attended the meeting and
advised that he was in general agreement with the Staff Recommendation
regarding the rezoning.
Mr. Gerry Roberts, representing the landowner at 625 Harding Street West
appeared before the Committee with concerns regarding the impacts of increased
traffic from the development and the recent Harding Street West / Fairville
Boulevard Reconstruction on the privacy of the lot at 625 Harding Street West.
Mr Roberts outlined a desire for a privacy fence at this location.
Following consideration of the report, and presentation, the Committee adopted
the staff recommendation. No letters regarding the application were received.
The Committee also approved two variances relating to driveway widths, with
conditions imposed on the variances.
RECOMMENDATION:
I. That Common Council rezone a parcel of land having an area of
approximately 5100 square metres, located at 646 Fairville Boulevard, also
identified as PID Nos. 55056832, 00034140, 00034132, 00035030, 00036525,
55061295, 55203020, a portion of PID 55210694 and a portion of Fairville
Boulevard, from "I -1" Light Industrial and 11RM -1" Three Storey
Multiple Residential to "SZ -22" Special Zone #22.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act,
the proposed development of a parcel of land having an area of approximately
5100 square metres, located at 646 Fairville Boulevard, also identified as PID
Nos. 55056832, 00034140, 00034132, 00035030, 00036525, 55061295,
73
-2-
55203020, a portion of PID 55210694 and a portion of Fairville Boulevard be
subject to the following conditions:
a) The developer must pave all parking areas, loading areas, manoeuvring
areas and driveways with asphalt and enclose them with cast -in -place
concrete curbs to protect the landscaped areas and to facilitate proper
drainage;
b) The developer must provide adequate site drainage facilities in accordance
with a detailed drainage plan and design brief prepared by the developer
and subject to the approval of the Chief City Engineer or his designate;
c) The developer must provide a servicing plan and report, subject to the
approval of the Chief City Engineer or his designate, to the City detailing
the requirements for water, sanitary and storm servicing and certifying that
the City's infrastructure has sufficient capacity and will not be adversely
impacted by the development.
d) The developer must provide all utilities underground, including power and
telephone from the existing overhead facilities;
e) The developer must landscape all disturbed areas of the site not occupied
by buildings, driveways, walkways, parking and loading areas;
f) Direct street access to the site is limited to a maximum of two driveways,
as generally indicated on the submitted proposal;
g) The site design must include pedestrian connections into the site from the
adjacent signalized intersections and appropriate crosswalk markings in
the parking area. Any pedestrian walkways must be of a minimum 1.5-
metre (5 -foot) width;
h) The site shall not be developed except in accordance with a detailed site
plan, landscaping plan and building elevation plans, prepared by the
developer and subject to the approval of the Development Officer,
indicating the location of all buildings, parking areas, driveways,
walkways, loading areas, signs, exterior lighting, exterior building
materials and finishes, landscaped areas (including location and types of
planting materials), and other site features;
i) The approved plans mentioned in conditions (b), (c) and (h) above must be
attached to the application for building permit for the development, except
that such plans are not required for permit applications for site preparation
and/or foundation only;
j) All site improvements shown on the approved site plan, landscaping plan
and drainage plans, except for landscaping, must be completed prior to the
issuance of an occupancy permit for any part of the development; and the
74
-3-
landscaping must be completed within one year of building permit
approval.
k) That the developers review the requirements for easements to
accommodate existing infrastructure with Saint John Energy.
Respectfully submitted,
Colin Murray
Chairman
MR
Project No. 11 -104
75
DATE:
TO:
FROM:
FOR:
PREPARED BY:
MAY 13, 2011
PLANNING ADVISORY COMMITTEE
COMMUNITY PLANNING • PLANNING AND DEVELOPMENT
MEETING OF MAY 17, 2011
REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP Ken Forrest, MCIP, RPP
Senior Planner Commissioner
SUBJECT:
Name of Applicant: Retrocom / Smart Centres (initially submitted by Counsel Fairville
Limited)
Name of Owner: 7724993 Canada Inc. ( Retrocom Mid - Market REIT)
Location: 646 Fairville Boulevard
PID: 55061295, 00036525, 00035030, 00034132, 00034140, 55056832,
55203020, 55210694 (portion) and a portion of Fairville Boulevard
Municipal Plan: District Centre
Zoning: Existing: "I -1" Light Industrial
"RM -I" Three Storey Multiple Residential
Proposed: "SZ -22" Special Zone 22
Proposal: To construct a commercial development
Type of Application: Rezoning and variances to:
a) increase the driveway width from 11 metres to
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Retrocom / Smart Centres
646 Fairville Boulevard
Page 2
May 13, 2011
approximately 19 metres for the driveway located on
Fairville Boulevard; and
b) increase the driveway width from 9 metres to
approximately 11 metres for the driveway located on
Harding Street West.
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed rezoning applications. The Committee's recommendation will be
considered by Common Council at a Public Hearing on Tuesday, May 24, 2011.
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.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council rezone a parcel of land having an area of approximately 5100 square metres,
located at 646 Fairville Boulevard, also identified as PID Nos. 55056832, 00034140, 00034132,
00035030, 00036525, 55061295, 55203020, a portion of PID 55210694 and a portion of Fairville
Boulevard, from "I -1" Light Industrial and "RM -1" Three Storey Multiple Residential to "SZ-
22" Special Zone #22.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
development of a parcel of land having an area of approximately 5100 square metres, located at 646
Fairville Boulevard, also identified as PID Nos. 55056832, 00034140, 00034132, 00035030,
00036525, 55061295, 55203020, a portion of PID 55210694 and a portion of Fairville Boulevard be
subject to the following conditions:
a) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with
asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to
facilitate proper drainage;
b) The developer must provide adequate site drainage facilities in accordance with a detailed
drainage plan and design brief prepared by the developer and subject to the approval of the Chief
City Engineer or his designate;
c) The developer must provide a servicing plan and report, subject to the approval of the Chief City
Engineer or his designate, to the City detailing the requirements for water, sanitary and storm
servicing and certifying that the City's infrastructure has sufficient capacity and will not be
adversely impacted by the development.
77
Retrocom / Smart Centres
646 Fairville Boulevard
Page 3
May 13, 2011
d) The developer must provide all utilities underground, including power and telephone from the
existing overhead facilities;
e) The developer must landscape all disturbed areas of the site not occupied by buildings,
driveways, walkways, parking and loading areas;
f) Direct street access to the site is limited to a maximum of two driveways, as generally indicated
on the submitted proposal;
g) The site design must include pedestrian connections into the site from the adjacent signalized
intersections and appropriate crosswalk markings in the parking area. Any pedestrian walkways
must be of a minimum 1.5 -metre (5 -foot) width;
h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan
and building elevation plans, prepared by the developer and subject to the approval of the
Development Officer, indicating the location of all buildings, parking areas, driveways,
walkways, loading areas, signs, exterior lighting, exterior building materials and finishes,
landscaped areas (including location and types of planting materials), and other site features;
i) The approved plans mentioned in conditions (b), (c) and (h) above must be attached to the
application for building permit for the development, except that such plans are not required for
permit applications for site preparation and/or foundation only;
j) All site improvements shown on the approved site plan, landscaping plan and drainage plans,
except for landscaping, must be completed prior to the issuance of an occupancy permit for any
part of the development; and the landscaping must be completed within one year of building
permit approval.
k) That the developers review the requirements for easements to accommodate existing
infrastructure with Saint John Energy.
3. That the Planning Advisory Committee grant the requested variances to:
a) increase the driveway width from 11 metres to approximately 19 metres for the driveway located
on Fairville Boulevard; and
b) increase the driveway width from 9 metres to approximately 11 metres for the driveway located
on Harding Street West.
on the condition that "No Left Turn" signs be provided along the driveways to notify drivers exiting
the site that left turns from the site driveways are prohibited.
BACKGROUND:
The Planning Advisory Committee, at its June 5, 1979 meeting, granted a variance to reduce the
minimum required street setback along Raynes Avenue (now Fairville Boulevard) to 2.4 metres (8 feet)
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Retrocom / Smart Centres
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May 13, 2011
to allow the construction of two small additions to a building. This variance was granted on the
condition that a cheque in the amount of $2,500 be deposited with the City as security to ensure the
completion of certain landscaping and paving (parking areas and driveway areas) requirements, with the
cheque to be returned when the foregoing improvements are completed to the satisfaction of the
Building Inspector.
Further, at its May 16, 2006 meeting, the Committee considered a conditional use application to permit a
car sales lot in conjunction with a business office (mortgage firm) at 649 -659 Harding Street West / 646
Fairville Boulevard (PID numbers 00034132, 00034140, 55056832 and 00035030). The Committee
imposed the following conditions on the establishment and operation of a car sales lot on the subject
property:
a) that the car sales lot must remain part of the financial business operating on the premises and
cannot operate independently;
b) that the maximum number of vehicles for sale on the property at any one time is limited to
four;
c) no vehicles for sale shall be parked in the public street right -of -way, including the dead end
turn- around;
d) the vehicles for sale are to be parked at the rear of the lot, adjacent to Harding Street West, as
indicated in the applicant's site plan;
e) signage, except on the vehicles themselves, advertising the sale of vehicles on the property
shall be prohibited. This prohibition includes mobile signs advertising vehicle sales.
Common Council, at its January 18, 2010 meeting, assented to a subdivision plan vesting portions of the
property at 653 -659 Harding Street West / 646 Fairville Boulevard (PID numbers 00034132, 00034140
and 55056832) for public street purposes (reconstruction of Fairville Boulevard) as well as to the vesting
of any required public utility easements. The final plan was registered on November 8, 2010.
Common Council, at its meeting of January 17, 2011 gave third reading to a by -law to Stop Up and
Close the 2,108 square metre portion of Harding Street West immediately north of Catherwood Street.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following comments regarding the rezoning and
variance application for 646 Fairville Boulevard:
Municipal servicing is available. It is the responsibility of the owner's engineering consultant to
verify grades of the existing mains to accommodate gravity connections for the new services. A
site servicing plan must be submitted by the owner's engineering consultant to this department
for review and approval.
City approved water meter and appropriate backflow prevention must be installed by the owner.
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Retrocom / Smart Centres
646 Fairville Boulevard
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May 13, 2011
The owner's engineering consultant must provide to the City the requirements for water, sanitary
and storm servicing and ensure the City's systems can adequately service the requirements of
this proposal.
It is the responsibility of the owner's engineering consultant to submit site grading and storm
drainage plans and design brief to this department for review and approval.
This department does not object to increasing the allowable width of the driveway on Fairville
Boulevard to 19 metres as it is understood from the application that this development will be
making use of the existing driveway onto Fairville Boulevard.
This department does not object to increasing the allowable width of the driveway on Harding
Street West to 11 metres provided the driveway is located as per the Zoning by -law. Left turns
from this driveway onto Harding Street West are not to be permitted. The owner must install and
maintain at their cost a "No Left Turns" sign at this driveway.
The owner to ensure that snow /ice from the parking area is not placed on the municipal right -of-
way.
The owner is responsible for obtaining any necessary municipal permits.
Buildings and Inspection Services has no concerns regarding the proposal at this time.
Saint John Fire Department has no objection to this application provided that the design and
construction of the new building adheres to the National Building and Fire Codes with particular
attention to the following:
a) The applicant submits construction plans to the Department of Public Safety - technical
inspection division for review and approval.
b) Section 3.2.5 of The National Building Code of Canada makes particular reference to the
Provisions for Firefighting. The stated provisions shall be adhered to and included but are not
limited to the following:
Section 3.2.5.4 Access Routes
Section 3.2.5.5 Location of Access Routes
Section 3.2.5.6 Access Route Design
Section 3.2.5.7 Water Supply - On this particular note, we would require that the hydrant
network be extended throughout the thoroughfare and that appropriate hydrant placements
are extended throughout all of the commercial and retail area.
NFPA 13 Standard for Installation of Sprinkler Systems - The National Building and Fire
Codes provided direction with respect to adhering to the standards on the installation of
sprinkler systems. Sprinkler system and standpipe connection shall be reviewed by the Saint
John Fire Department prior to actual placement on the facility.
Saint John Police Force has been advised of the proposal.
Saint John Transit notes this site is located across the street from the West Side Terminus located at
Lancaster Mall.
:1
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646 Fairville Boulevard
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May 13, 2011
Saint John Energy notes easements may be required to accommodate infrastructure that existed in the
former Public Street Right -of -Ways.
Bell Aliant has been advised of the proposal.
Rogers has been advised of the proposal.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been advised of the
proposal. Maritimes & Northeast Pipeline has advised that pipeline locates are required prior to any
ground disturbance. Brunswick Pipeline has advised this area is clear of their facilities.
ANALYSIS:
Subiect Site and Proposed Development
The development site consists of seven separate parcels of land, a portion of the former Harding Street
West Right -of -Way and a portion of Fairville Boulevard along Fairville Boulevard between Catherwood
Drive and Harding Street West.
A site plan (SD -005) submitted with the application provides for the construction of a commercial
building with an approximate floor area of 1150 square metres. As the developer is currently in
negotiations with prospective tenants, the types and numbers of tenants in the building have yet to be
determined, but retail and restaurant uses are potential tenants. Parking would be provided around the
building with landscaping provided immediately adjacent to the Public Streets. Access to the site will
be provided by existing driveways from Harding Street West and Fairville Boulevard which were
constructed during the recent upgrading of Fairville Boulevard. As the developer is in leasing
negotiations which affect the eventual size and configuration of the building, a second site plan (SD-
007) was submitted showing a possible layout for the site during the Staff review process.
Surrounding Area
The surrounding area contains a mix of residential, commercial and industrial uses. Immediately
adjacent to the site a drugstore is located on a parcel of land zoned "I -1" Light Industrial with other
retail developments to the northeast along Fairville Boulevard also having this zoning. Lancaster Mall is
located on the opposite side of Fairville Boulevard and is zoned "SC" Shopping Centre. A former heavy
truck repair facility is located on the opposite side of Catherwood Street and is zoned "1 -3" Light
Industrial Park. To the north of the site an area containing a mix of residential uses is located along
Ready Street and is zoned "RM -1" Three Storey Multiple Residential.
Municipal Plan Direction and Growth Strategy
The subject site is located within the Lancaster District Centre designated by the Municipal Plan. The
intent of establishing District Centres under the Plan is to cluster commercial uses that serve as a focal
point for community activity and to provide a variety of retail goods and services in one place. Staff are
of the opinion the proposed development meets the intent of the Plan and note it will build on the retail
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Retrocom / Smart Centres
646 Fairville Boulevard
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May 13, 2011
uses in the immediate area such as Lancaster Mall and those that have recently developed further to the
west along Fairville Boulevard.
The Growth Strategy has the site designated as a portion of Fairville Place. This area includes the
residential streets and historic retail street frontage along Main Street West, bounded by Fairville
Boulevard and Catherwood Street. The Strategy envisions the revitalization of existing commercial
frontage along Main Street West to provide residents with access to convenience shopping. Staff are of
the opinion that the proposed development conforms to the Growth Strategy given that it is a
commercial development along a major roadway corridor and at a key intersection bounding Fairville
Place. The location provides for the intent of the Growth Strategy to be met through providing a logical
location for additional commercial uses for area residents.
Zoning By -law Considerations
Based on discussions with the applicant, a rezoning to "SZ -22" Special Zone 22 is being requested. The
"SZ -22" Special Zone 22 zoning was developed in 2007 in relation to the spacing requirements for
lounges and the requirement that car sales lots front on a Provincial highway. The zone contains the
same permitted and conditional uses and standards as the `B -2" General Business zone.
The main issue in requesting the "SZ -22" Special Zone 22 zoning is that the zone does not include the
minimum spacing requirements for lounges. The "SZ -22" zone will allow flexibility to the developer in
leasing the project to restaurants such as Swiss Chalet, East Side Mario's and Boston Pizza where the
majority of the establishment is licensed as a Dining Room but there is also a small lounge area where
alcoholic beverages may be consumed with or without a meal. The existing "I -1" Light Industrial zoning
of the site permits a lounge, but requires a minimum separation from churches, schools, residential zones
and other lounges. The subject site cannot meet this latter requirement because it is located within 90
metres of a property with residential zoning. This spacing requirement also will not allow for such a use
to be established if the site was rezoned to `B -2" General Business.
The Committee and Council have approved similar rezonings such as Boston Pizza (120 McAllister
Drive) and East Side Mario's (75 Consumers Drive). These are situations where a restaurant use has
both the dining room and liquor licence. Other cases approved by the Committee and Council include
instances where the club or lounge is within a large shopping centre complex with significant building
setbacks and off - street parking facilities, and/or within an established commercial corridor with some
form of physical or spatial separation from the residentially -zoned properties.
The site plan that was submitted (SD -005) generally meets the requirements of the "SZ -22" Special
Zone 22 zone. Variances are required for the widths of the proposed driveways where curb cuts were
installed in conjunction with the recent Fairville Boulevard reconstruction undertaken by the City. While
it appears that landscaping variances may be required given the information on the plan, Staff note the
site plan submitted with the rezoning is preliminary given that leasing negotiations for the building have
yet to be concluded which may affect the building and site design. Thus, variances may not necessarily
be required with the final plan submitted for construction. Given this, Staff recommend that only the
driveway variances be dealt with at this time and that should other variances be required they be dealt
with at a later date when the building and site design are finalized, possibly through the Development
Officer variance procedure if warranted.
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The developer has also submitted an additional site plan (SD -007) that also generally meets the
requirements of the "SZ -22" Special Zone 22 zone. This plan shows additional detail regarding
pedestrian access requested by Staff during the review process. The building location on site plan SD-
007 is a potential configuration for the site that may be constructed depending on the outcome of leasing
negotiations.
Parking provided for on the site plans exceeds the zoning by -law requirements for the anticipated uses at
the site.
Given that the relevant standards of the Zoning By -Law are met and the conformity with the Municipal
Plan and Growth Strategy, Staff support the rezoning request.
Proposed Variances
To permit the access points for the site, two variances are required to:
a) increase the driveway width from 11 metres to approximately 19 metres for the driveway located
on Fairville Boulevard; and
b) increase the driveway width from 9 metres to approximately 11 metres for the driveway located
on Harding Street West.
These variances are required as the driveway width has been established in conjunction with depressed
curb that was installed in conjunction with the recent Fairville Boulevard reconstruction undertaken by
the City. Planning Staff have no objection to the variances as the locations meet the location
requirements established in the Zoning By -law. Municipal Operations and Engineering also has no
objections to the driveway locations on the condition that "No Left Turn" signage is provided and
maintained at the site driveway, by the developer, prohibiting left turns onto Harding Street West.
Staff also note the driveway onto Fairville Boulevard will function as a right- in/right -out" driveway
given that a curbed median separates the eastbound and westbound travel lanes on this section of
Fairville Boulevard. Staff recommend that a "No Left Turn" sign be installed at this driveway approach
as well, with the installation and maintenance costs being the responsibility of the developer,
Staff recommend that the variances be approved with these conditions.
Traffic and Site Circulation
Staff estimate that based on the potential retail uses, traffic generated by the facility would be in the
order of magnitude of 100 trips in the morning peak hour and 150 trips in the afternoon peak hour.
Given the location of the development along Fairville Boulevard at the Catherwood Street intersection
and adjacent to other retail uses, the majority of these trips will likely already exist on the street network.
Staff are of the opinion that a traffic impact study is not required given the relatively small scale of the
development and the fact the development has good access to a street served by a signalized
intersection.
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May 13, 2011
Staff note the adjacent property ( Lawton's Drugstore) had access to the portion of Harding Street West
that has been closed. Staff recommend that the applicant explore the potential for a connection between
the proposed development site and the adjacent Lawton's Drugstore site.
Site Servicing and Drainage
As noted by Municipal Operations and Engineering, City water, sanitary and storm sewers are available.
It is the responsibility of the developer to ensure that grades, quantities and pressures are sufficient for
the proposed development and that the City's systems can adequately service the development. Detailed
servicing and storm drainage plans will be required along with a stormwater design brief.
Saint John Energy has advised that portions of their infrastructure may exist within portions of the
Public Streets that have been closed and / or transferred to the developer. Staff recommend that as a
condition of the rezoning the applicant review the requirements for easements to accommodate existing
infrastructure with Saint John Energy.
Site Development
As noted above, the overall site layout appears to be in compliance with the relevant standards of the
Zoning By -Law. A major concern with the present proposal, however, is with respect to the exterior
design and finishes of the building and site landscaping. No building elevation or landscaping plans have
been submitted with the application.
The high visibility of the site and building fagades will require that special attention be given to all sides
of the building in terms of building design, exterior finishes (all sides to have same quality design and
materials), landscaping, and screening of loading facilities. The same approach has been taken with
other recent commercial developments along Fairville Boulevard.
In order to ensure that the final design of the site and building is of a high quality, it is recommended
that Section 39 conditions incorporate the normal site development requirements imposed on such
projects. This would include submission of detailed site plans, building elevation plans and landscaping
plans to the Development Officer for approval.
The site development should also incorporate features that contribute to a pedestrian - friendly
environment. It is recommended that the site design include pedestrian connections into the site from the
adjacent signalized intersections and appropriate crosswalk markings in the parking area. Any pedestrian
walkways should be of a minimum 1.5 -metre (5 -foot) width. The applicant has shown such features on
the second site plan (SD -007).
CONCLUSION:
The subject site is located within the Lancaster District Centre. The proposed amendment to the Zoning
By -law can be supported as it is consistent with the Municipal Plan and surrounding development. The
major issues with the proposed development are the appearance of the site and buildings. Approval of
the proposed rezoning, with the conditions set out, is recommended.
Retrocom / Smart Centres
646 Fairville Boulevard
Page 10
May 13, 2011
Approval of the two requested variances for driveway width are also recommended with conditions
pertaining to signage.
MR
Project No. 11 -104
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March: 12, 2011
City of Saint John Planning and Development.
Letter of Intent.
This letter is to request the rezoning of the apartment building property at the corner of 46
Westmorland Rd and Jardine street.
Presently this building houses 5 apartments but for many years there were 7 apartments.
However, prior to us owning the building, 1 top -floor bachelor apartment has been closed
off and rendered inaccessible. Another 2- bedroom apartment, with large livingroom,
kitchen and bathroom, has been incorporated with an already large 3 bedroom apartment
on the floor below. A strange and unsafely constructed staircase leads access to that
former upper apartment.
On March 31, 2011 a Minimum Standards Inspection, done by the City, listed this
particular staircase as part of the violations, being unsafe and to be replaced. Furthermore
the 5 th apartment itself also has some major work - orders against it now.
Since the present zoning is R2, a building - permit, to remedy these unsafe situations,
cannot be granted. Yet work needs to be done asap. Catch 22!
This application for proposed rezoning involves the acceptance of the fifth apartment as
well as the reinstatement of the original other 2, thus allowing 7 units.
Positive cosmetic changes in the form of appropriate dormers will improve the overall
appearance of the building.
Hoping this to be comprehensible.
Michael Streek for:
Streekraft Holdings Ltd.
[.*Us
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Ad
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud et Number: 110 0801 442 2010
Department: Common Clerk's Office Account #'71206
Contact: Elizabeth Gormle
Phone: 506 658 -2862
Fax: 506 674 -4214
Special Instructions (if any):
Reference: Public notice Re: 46 Westmorland Rd
Newspaper Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
SJTJ City Information Ad
SJTJ Independent Placement
- SJTJ Classifieds
Date(s): Tuesday, April 26, 2011
AND
Tuesday, May 17th, 2011
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ General Notice ❑ Tender ❑ Proposal
® Public Notice
Sub - Headline
if applicable):
Text:
INSERT ATTACHED
Call to Action:
Elizabeth Gormley, Common Clerk/Greffiere communale
Contact:
Telephone: (506) 658 -2862
0rl
PROPOSED ZONING BY -LAW
AMENDMENT
RE: 46 WESTMORLAND ROAD
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 Tuesday, May 24, 2011 at
7:00 p.m., by:
Rezoning a parcel of land with an area of
approximately 990 square metres, located at 46
Westmorland Road, also identified as PID Nos.
00319657 and 55076053, from "R -2" One and
Two Family Residential to "RM -1" Three Storey
Multiple Residential.
REASON FOR CHANGE:
To permit a seven -unit dwelling.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Elizabeth Gormley, Common Clerk
658 -2862
01.11
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 46, CHEMIN WESTMORLAND
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention d'6tudier ]a modification
suivante a 1'arr&6 stir le zonage de The City of
Saint John, lors de la reunion ordinaire qui se
tiendra dans la salle du conseil le mardi 24 mai
2011A19h:
Rezonage d'une parcelle de terrain dune
superficie d'euviron 990 metres carr6s, situ6e an
46, chemin Westmorland, et portant les NID
00319657 et 55076053, de zone residentielle —
habitations unifamiliales et bifamiliales <<R -2» a
zone d'edifices a logements multiples de trois
etages <<RM -1».
RAISON DE LA MODIFICATION:
Permettre un edifice a sept logements.
Toute personne int6ress6e pent examiner le projet
de modification au bureau de la greffiere
communale ou au bureau de l'urbanisme et du
d6veloppement a I'h6tel de ville an 15, Market
Square, Saint John, N. -B., entre 8 h 30 et 16 h 30
du lundi au vendredi, sauf les jours f6ri6s.
Veuillez faire parvenir vos objections au projet de
modification par 6crit a 1'attention du soussign6 a
I'hotel de ville.
Si vous exigez des services frangais pour unre
reunion de Conseil Communal, s'il vous plait
contacter le bureau de la greffi6re communale.
Elizabeth Gormley, Greffi6re communale
658 -2862
PUBLIC NOTICE
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 Tuesday, May 24, 2011
at 7:00 p.m., by:
Rezoning a parcel of land with an area of
approximately 990 square metres, located at 46
Westmorland Road, also identified as PID Nos.
00319657 and 55076053, from "R -2" One and
Two Family Residential to "RM -1" Three Storey
Multiple Residential.
REASON FOR CHANGE:
To permit a seven -unit dwelling.
The proposed amendment may be inspected
by any interested person at the office of the
Common Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and
4:30 p.m., Monday through Friday, inclusive,
holidays excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
If you require French services for a Common
Council meeting, please contact the office of the
Common Clerk.
Elizabeth Gormley, Common Clerk
658 -2862
n
u
AVIS PUBLIC
Par les pr6sentes, un avis public est donne par
lequel le conseil communal de The City of
Saint John indique son intention d'6tudier la
modification suivante a 1'arr6t6 sur le zonage
de The City of Saint John, lors de ]a reunion
ordinaire qui se tiendra daps la salle du conseil le
mardi 24 mai 2011 A 19 h:
Rezonage d'une parcelle de terrain d'une
superficie d'environ 990 metres carr6s, situ6e au
46, chemin Westmorland, et portant les NID
00319657 et 55076053, de zone re'sidentielle -
habitations unifamiliales et bifamiliales «R -2» a
zone d'6difices i logements multiples de trois Rages
«RM -1».
RAISON DE LA MODIFICATION:
Permettre un 6difice a sept logements.
Toute personne int6ress6e pent examiner le
projet de modification au bureau de la grefl'i6re
communale ou au bureau de l'urbanisme et du
d6veloppement a l'h6te] de ville au 15, Market
Square, Saint John, N. -B., entre 8 h 30 et 16 h 30
du lundi au vendredi, sauf les jours f6ri6s.
Veuillez faire parvenir vos objections au projet de
modification par 6crit a 1'attention du soussign6 a
116tel de ville.
Si vous exigez des services frangais pour une
reunion de Conseil Communal, s'il vous plait
contacter le bureau de la greffie're communale.
Elizabeth Gormley, Greffiere communale
658 -2862
4713376
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 990 square metres, located
at 46 Westmorland Road, also identified as
PID numbers 00319657 and 55076053,
from "R -2" One and Two Family
Residential to "RM -1" Three Storey
Multiple Residential
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2011
and signed by:
Mayor /Maire
ARRETE N° C.P. 110 -
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors d'une r6union du conseil
communal, The City of Saint John a
decr&6 ce qui suit :
L'arr6te sur le zonage de The City
of Saint John, decrete le dix -neuf ( 19)
decembre 2005, est modifie par:
La modification de 1'annexe <<A» ,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superficie
d'environ 990 metres carr6s, situ&e au 46,
chemin Westmorland, et portant les NID
00319657 et 55076053, de zone
residentielle -- habitations unifamiliales et
bifamiliales «R -2» a zone d'ddifices a
logements multiples de trois 6tages «RM-
1»
- toutes les modifications sont indiqudes sur
le plan ci joint et font partie du pr6sent
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le 2011,
avec les signatures suivantes
Common Clerk/Greffiere communale
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisiemc lecture
100
May 18, 2011
Your Worship and Councillors:
SUBJECT: Rezoning Application
46 Westmorland Road
On April 26, 2011 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 17, 2011 meeting.
Michael Streek, the applicant, was in attendance at the meeting and was in favour
of staff's recommendation. Members of the Committee questioned the applicant
regarding the proposed off - street parking arrangement, drawing attention to the
proposed layout of the required nine parking spaces and their proximity to the
subject dwelling. Staff indicated that these details would be addressed in the
landscaping and parking site plan that the applicant would be required to submit
to the Development Officer for approval. No other persons addressed the
Committee and no letters were received.
After considering the report and comments made by the applicant, the Committee
recommended approval of the proposed rezoning.
RECOMMENDATION:
That Common Council rezone a parcel of land with an area of
approximately 990 square metres, located at 46 Westmorland Road, also
identified as being PID Numbers 00319657 and 55076053 from "R -2"
One and Two Family Residential to "RM -1" Three Storey Multiple
Residential.
2. That, pursuant to the provisions of Section 39 of the Community Planning
Act, the proposed rezoning of a parcel of land with an area of
approximately 990 square metres, located at 46 Westmorland Road, also
identified as being PID Numbers 00319657 and 55076053, be subject to
the following conditions:
a) That prior to the issuance of a building permit for the proposal, a
detailed landscaping and off - street parking plan for the subject site
be prepared by the proponent subject to the approval of the
101
-2-
Development Officer;
b) That the work shown on the landscaping and off - street parking
plan be completed by the proponent within one year of the
rezoning of the subject site; and
c) That the use of the property be limited to a maximum of seven
dwelling units.
Respectfully submitted,
Colin Murray
Chairman
JK
Project No. 11 -122
102
DATE: MAY 13, 2011
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT
FOR: MEETING OF MAY 17, 2011
PREPARED BY: REVIEWED BY:
Jody Kliffer
Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
' ID
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
Streekraft Holdings Ltd.
Streekraft Holdings Ltd.
46 Westmorland Road
00319657 and 55076053
Municipal Plan: Low Density Residential
Zoning: Existing: "R -2" One and Two Family Residential
Proposed: "RM -1" Three Storey Multiple Residential
Proposal: To establish two extra units in a five unit dwelling.
Type of Application: Rezoning
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning proposed rezoning applications. The Committee's recommendation will be
considered by Common Council at a Public Hearing on Tuesday, May 24, 2011.
103
Streekraft Holdings Ltd.
46 Westmorland Road
STAFF RECOMMENDATION TO COMMITTEE:
Page 2
May 13, 2011
1. That Common Council rezone a parcel of land with an area of approximately 990 square metres,
located at 46 Westmorland Road, also identified as being PID Numbers 00319657 and 55076053
from "R -2" One and Two Family Residential to "RM -1" Three Storey Multiple Residential.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed
rezoning of a parcel of land with an area of approximately 990 square metres, located at 46
Westmorland Road, also identified as being PID Numbers 00319657 and 55076053, be subject
to the following conditions:
a) That prior to the issuance of a building permit for the proposal, a detailed landscaping
and off - street parking plan for the subject site be prepared by the proponent subject to the
approval of the Development Officer;
b) That the work shown on the landscaping and off - street parking plan be completed by the
proponent within one year of the rezoning of the subject site; and
c) That the use of the property be limited to a maximum of seven dwelling units.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has the following comments regarding the proposed rezoning
of 46 Westmorland Road:
From the application, it is assumed that there will be no changes to the municipal servicing for
this building. Should there be servicing modifications /additions required, a servicing plan must
be submitted to this department for review and approval.
The owner must ensure that the addition of the two egresses and small decks do not cause storm
water runoff effects to adjacent or neighbouring properties.
The submitted site plan does not clearly define the driveway location or width for access to this
property from Westmorland Road or Jardine Street. The owner must submit a detailed site plan
indicating the location and width of the proposed driveway to this department for review and
approval.
All parking must be provided for on -site.
The owner is responsible for obtaining any necessary municipal permits.
Buildings and Inspection Services has no issue with the proposal to re -zone the property so as to allow
the additional units; however, establishing the units so that they meet the standards of the Building Code
will be not as simple. The new units, and the existing ones for that matter, must be properly fire
separated, they must have code compliant exiting, and also meet any other applicable Code standards.
The units will also be subject to the Minimum Standards By -Law.
104
Streekraft Holdings Ltd.
46 Westmorland Road
ANALYSIS-
Site and Neighbourhood
Page 3
May 13, 2011
The subject site is located on Westmorland Road at the corner of Jardine Street in East Saint John. This
is a residential area largely populated by one and two unit dwellings, although interspersed with a
variety of buildings that contain a greater number of units, including an area to the south -west of the
subject site that is within the "RM -1" Three Storey Multiple Residential zone. The site is situated in an
older neighbourhood with many buildings pre- dating World War II. Our files show that the subject site,
however, dates back to 1865. The building is two and a half storeys and contains five dwelling units,
although the applicant has indicated that the dwelling contained seven units at one point.
As the applicant has stated in the letter attached to the application, the building appears to be in need of
some cosmetic attention, including the parking area which is currently unpaved and not well delineated.
Proposal
In the attached letter from the applicant it is stated that the outside staircase and one of the five existing
units are in violation of the Minimum Standards By -law and have work orders against them. To rectify
the situation and enhance the safety of the subject site, the applicant sought a building permit to conduct
the necessary work. However, a building permit could not be obtained at that time due to the conflicting
zoning.
The applicant is currently proposing to renovate the property to address the outstanding work orders, but
would also like to reinstate the previously existing two units that are presently not established. In total,
the dwelling will contain one bachelor unit, two one - bedroom units, three two - bedroom units and one
three - bedroom unit. Based on the information provided by the applicant, it appears as though all existing
and proposed units in the dwelling will meet the ground floor area requirements of the Zoning By -law,
with the exception of the existing and proposed two- bedroom units. When detailed floor plans are
provided through the building permit process, staff will assess the need for a variance to this standard if
they are still under the By -law standards.
The present owner has now submitted an application to rezone the site from the present "R -2" One and
Two Family Residential zone to "RM -I" Three Storey Multiple Residential as it allows for higher
density limits. However, Common Council may limit the use to a seven -unit dwelling as a condition of
the rezoning pursuant to Section 39 of the Community Planning Act, if it decides to approve the
application.
Proposed Rezoning
Considering the age and size of the subject dwelling, it is apparent that the subject site has contained at
least five units for a number of years, most likely predating the establishment of the "R -2" zone. The
subject dwelling does not appear out of place in the overall neighbourhood context. The existence of the
five -unit building, apparently for several years, with no record of any formal complaints, suggests that
the use of the property has not caused any major land use conflicts in the neighbourhood.
105
Streekraft Holdings Ltd.
46 Westmorland Road
Parking
Page 4
May 13, 2011
A seven -unit dwelling in the "RM -1" zone is required by the Zoning By -law to provide nine existing
off - street parking spaces. The applicant has provided a site plan that illustrates the arrangement of nine
parking spaces on the subject property. Municipal Operations and Engineering has raised concerns
regarding the provision of a driveway to accommodate the on -site parking. As such, staff are proposing
that Council implement a Section 39 condition of the Community Planning Act that requires the
applicant to submit a detailed parking and landscaping plan for the approval of the Development Officer.
CONCLUSION:
The existing use of the building appears to fit in with the overall neighbourhood. Approval of the
proposed rezoning can be recommended on the basis that the proposed additional units will have little or
no impact on the surrounding neighbourhood, can meet the By -law standards and will result in desired
improvements to the dwelling. Additionally, the use of the property is similar to several properties in
this area of the East Side of Saint John and the building and property are large enough to accommodate
the extra units.
While rezoning to "RM -1" Three Storey Multiple Residential is being recommended, it is also
recommended that the use be limited to a maximum of seven units.
JK
Project No. 11 -122
106
107
im
March: 12, 2011
City of Saint John Planning and Development.
Letter of Intent.
This letter is to request the rezoning of the apartment building property at the corner of 46
Westmorland Rd and Jardine street.
Presently this building houses 5 apartments but for many years there were 7 apartments.
However, prior to us owning the building, I top -floor bachelor apartment has been closed
off and rendered inaccessible. Another 2- bedroom apartment, with large livingroom,
kitchen and bathroom, has been incorporated with an already large 3 bedroom apartment
on the floor below. A strange and unsafely constructed staircase leads access to that
former upper apartment.
On March 31, 2011 a Minimum Standards Inspection, done by the City, listed this
particular staircase as part of the violations, being unsafe and to be replaced. Furthermore
the 5 th apartment itself also has some major work - orders against it now.
Since the present zoning is R2, a building- permit, to remedy these unsafe situations,
cannot be granted. Yet work needs to be done asap. Catch 22!
This application for proposed rezoning involves the acceptance of the fifth apartment as
well as the reinstatement of the original other 2, thus allowing 7 units.
.Positive cosmetic changes in the form of appropriate dormers will improve the overall
appearance of the building.
Hoping this to be comprehensible.
Michael Streek for:
Streekraft Holdings Ltd.
109
rW vcaryr acs. irrcni iva i voio,
PUBLIC NOTICE
Public Notice is hereby given that the Common Council
of The City of Saint John intends to consider amending
"A By -law Respecting The Stopping Up and Closing
of a Highway In The City of Saint John" at its regular
meeting to be held on Tuesday May 24, 2011 at 7:00 p.m.
to stop up and close the following portion of highway:
Milford Road: All that portion of Milford Road, a public
street in the City of Saint John, in the County of Saint
John, in the Province of New Brunswick, comprising 243
square metres as shown on a Plan of Survey showing a
portion of Milford Road, City of Saint John, County of
Saint John, Province of New Brunswick, prepared by
Kierstead Quigley and Roberti Ltd. and dated April 2l,
2011, attached hereto.
The proposed amendment and plan
of the above described portion of
highway may be inspected by any
interested person at the office of
the Common Clerk, City Hall, 15
Market Square, Saint John. N.B.
between the hours of 8:30 a.m.
and,4:30 p.m. Monday to Friday
inclusiveq holidays excepted.
AVIS PUBLIC
Par Its presentes. un avis public n i donne par tcq.i,. It
conseil de The City of Saint John r,:lul,ic ;r r intention
de modifier I'a arre"te concernant la fermeturc J-
routes dans The City of Saint John , lors do la tt nn oc
ordinairo qui se tiendra It mard't, 24 mar 2011 i 19 It
afin de former et de barrer le tronFon de route suivant
Chemin Milford : La totalil6 dune pmntr di; Chemin
Milford, une rue publique situee daps The City of Saint
John, daps le comte de Saint John et dans la pmvinix de
Nouveau - Brunswick, d'une superficie de 243 m2 6tant
designee plus particulierement sur un plan d'arpentage
indiquant une partic du Chcmin Milford, Ville de Saint
John, Ccmt6 de Saint John, Nouveau- Brunswick,
prepare par Kierstead Quigley and Roberts Ltd., dat6
du 21 avril 2011, ci joint.
*
,1.
i
Written objections to the proposca
amendment may be sent to the undersigned at City Hall.
If you require French services for a Common Council
meeting, please contact the office of the Common Clerk
at 658.2862.
476!316
Toute personne intiress6e peut
examiner le projet de modification
et It plan du tronpri de route decrit
ci- dessus au bureau de la gre&re
communale i I'h6te1 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 f6ries
veuuicz rain pan ae vos oujonions
au projet de modification par 6cnt it I'attention du
soussign6 b Phatel de Ville.
Si vous exigtz des services frangais a la reunion de
Conseil Communal, veuillez contacter It bureau de la
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111
BY -LAW NUMBER M -23
A BY -LAW TO AMEND
A BY -LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
Be it enacted by the Common Council
of The City of Saint John as follows:
1 A by -law of The City of Saint John
entitled, "A By -law Respecting The Stopping
Up and Closing of Highways In The City of
Saint John ", enacted on the nineteenth day of
December, A.D. 2005, is hereby amended by
adding thereto Section 219 immediately after
Section 218 thereof, as follows:
219 The City of Saint John does hereby
stop up and close permanently the following
portion of highway:
Milford Road: All that portion of Milford
Road, a public street in the City of Saint John,
in the County of Saint John, in the Province of
New Brunswick, comprising 243 square metres
as shown on a Plan of Survey showing a
portion of Milford Road, City of Saint John,
County of Saint John, Province of New
Brunswick, prepared by Kierstead Quigley and
Roberts Ltd. and dated April 21, 2011,
attached hereto.
IN WITNESS WHEREOF The City of Saint
John has caused the Corporate Common Seal
of the said City to be affixed to this by -law the
* * ** day of * * * * *, A.D. 2011 and signed by:
ARRETE No M -23
ARRETE MODIFIANT
L'ARRETE SUR L'INTERRUPTION DE
LA CIRCULATION ET LA FERMETURE
DES ROUTES DANS THE CITY OF
SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a decrete cc
qui suit
1 Par les prdsentes, Farretd de The City
of Saint John intituld, « L'arrete sur
]'interruption de la circulation et la fermeture
des routes dans The City of Saint John »,
decrete le 19 ddcembre 2005, est moditie par
1'ajout de Particle 219 immediatement aprds
]'article 218, comme suit :
219 Par les prdsentes, The City of Saint
John barre et ferme de faron permanente la
portion d'une route suivante :
Chemin Milford : La totalite d'une partie du
Chemin Milford, une rue publique situee dans
The City of Saint John, dans le comte de Saint
John et dans la province de Nouveau -
Brunswick, d'une superficie de 243 m2 etant
designee plus particulidrement sur un plan
d'arpentage indiquant une partie du Chemin
Milford, Ville de Saint John, Comtd de Saint
John, Nouveau - Brunswick, prepare par
Kierstead Quigley and Roberts Ltd., date du 21
avril 2011 ci-joint.
EN FOI DE QUOI, The City of Saint John a
fait apposer son sceau communal sur le present
arretd * * * * * * * * * ** 2011, avec les signatures
suivantes :
Mayor /Maire
Common Clerk/Greffiere communale
First Reading -
Premiere lecture —
Second Reading -
Deuxieme lecture —
Third Reading -
Troisieme lecture —
112
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 d'une reunion du conseil municipal,
The City of Saint John as follows: The City of Saint John a decrdtd 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:
Par les presentes, 1'arrete de The City of
Saint John intituld « Arretd relatif a la circulation
Bans les rues de The City of Saint John edict&
conformement a ]a Loi sur les vchicules a moteur
(1973) et modifications afferentes », ddcrete le 19
decembre 2005, est modifie comme suit:
1 Section 24 is repealed and replaced with 1 L'article 24 est abroge et remplace par ce
the following: qui suit:
"24 Any vehicle parked in an area
(a) designated in Schedule A, Schedule A-
1, Schedule A -2 of this by -law or,
(b) designated by signs as a "Loading
Zone"
may have an erasable chalk mark placed on the
tread face of any tire by a Peace Officer or a By-
law Enforcement Officer in order to determine the
time said vehicle had been parked and neither the
Peace Officer, the By -law Enforcement Officer nor
the City shall incur any liability for so doing.
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
May, A.D., 2011 signed by:
"24 Tout vdhicule en stationnement dans un
endroit repondant aux modalitds suivantes :
(a) ddsigne a Pannexe A, a I'annexe A -1
ou a l'annexe A -2 joint au present
arrete, ou
(b) designs par des panneaux comme «
zone de chargement u
est susceptible de faire placer une marque de craie
effarable stir la face de la bande de roulement d'un
pneu quelconque par un agent de la paix ou agents
d'execution des arretes municipaux afin qu'il
puisse determiner I'heure depuis laquelle ledit
vdhicule est en stationnement et aucune
responsabilite dudit acte ne sera assumee par
I'agent de la paix, I'agent d'execution des arretes
municipaux ou la Ville.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le present arretd
le. . mai 2011, avec les signatures suivantes :
Mayor /Maire
Common Clerk/greffiere communale
First Reading - May 9, 2011 Premiere lecture - le 9 mai 2011
Second Reading - May 9, 2011 Deuxieme lecture - lc 9 mai 2011
Third Reading - Troisieme lecture -
113
R� 1
�Fs;•
May 24, 20111
His Worship Mayor Ivan Court, Deputy Mayor Chase
And Councillors
Subject: Mill Wood Allocations
Your Worship, Deputy Mayor and Councillors,
The Province of New Brunswick is proposing a reduction in mill wood allocation, and I ask Council to
support a plan that would achieve the following:
1. Keep mill wood allocations at 2007 levels so that no jobs are lost
2. Wait for the 2 Task Forces to complete their reports by year -end 2011
3. Establish a Timber Objective that sustains jobs, investment and grows the forest by year -end
2011
Motion: that the Mayor send a letter on behalf of Council to the Province requesting that the
government support the objectives listed above.
Respectfully submitted,
Bruce Court
Councillor
6-4)-
SAINT JOHN
_1
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www saintJohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1
114
wv� t
The City of Saint May John
,
His Worship Mayor Ivan Court
and Members of Council
Subject: By -law to Prevent the Feeding of Deer Within City Limits
I have been contacted by residents in the Milford area of our City about the number of deer literally
destroying their property. Some have up to 20 deer at one time in their back yard. One has stated that
one of the deer seemed to be diseased and has contacted the Dept of Natural Resources. A couple of the
people who have contacted me believe that these deer are being feed by other residents in the area.
Motion:
That the City of Saint John enact a by -law to prevent people from feeding the deer within the City
limits.
Respectfully,
Bill Farren
Councillor
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
115
a
May 19, 2011
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: The Possible Development of an NB Power Transmission Line Through West Saint John
Context:
It has come to my attention from several residents of Bardsley Avenue that they are very
concerned with the possible development of an above - ground power transmission
corridor near their homes.
• NB Power Crews have been in the area
• Residents feel that their quality of life will be compromised if this possible development
proceeds
• This is a referral motion
Motion: That the City Manager report back to Council in two weeks time with respect to this
possible development and the consequences to the City of Saint John — in particular residents
of the West side.
Re ec ully Submitted,
f
Peter McGuire
Councillor — Saint John
SAINT JOHN
---------
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintiohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
116
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: Preservation of Morna Heights School
Context:
It will be critical that the debate regarding the preservation of Morna Heights School be based
on research data.
• One critical area of examination is the positive correlation between the principles of
Smart Growth and the benefits of small schools
• The document entitled `Schools for Successful Communities: An Element of Smart
Growth'- Council of Educational Facility Planners International, should be entered into
the debate.
• A public meeting is planned for May 26 (Thursday) at 7:00 p.m. at the KBM to discuss
the preservation of Morna Heights School
• Refer to the following website: www. smartgrowthamerica .org /sgschools
Motion: That this report be received for information.
Respectfully Submitted,
Peter McGuire
Councillor - Saint John
/d' -
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
117
May 20, 2011
Your Worship and Members of Council,
Subject: Presentation from Saint John Airport
Council will be holding presentations from the Economic Development Task Force and
Plan SJ on June 13th. I would recommend council hear a presentation from Bernard Leblanc,
President of the Saint John Airport Authority. The issues that the airport are grappling with are
directly related to the other two presentations, and therefore certainly relevant to this agenda.
Council needs to hear from the Airport so as to understand the reasons why the airport has
not been been able to secure federal funding and the consequences this will have on the airport's
operations. A key issue is that the Saint John Airport has not been identified in the Atlantic
Transportation Gateway network. Yet the airport cannot assert itself in this recognition
with federal authorities when the municipal government does not identify the airport as
a commercial opportunity area within its municipal plan. In today's competitive world
of integrated commerce and transportation, identifying the airport as a critical transportation link
is just not enough.
Mr. Leblanc would be able to expand on this issues and council would be wise and prudent to
hear from him.
Motion: Council schedule the President of The Saint John Airport Authority to present on
the June 13th agenda. This presentation shall be scheduled before the plans SJ
presentation.
Respectfully Submitted,
Stephen Chase
Deputy Mayor
118
REPORT TO COMMON COUNCIL
M & C — 2011 -124
City of Saint John
20 May 2011
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender Asphalt Resurfacing, Chesley Drive
BACKGROUND:
Chesley Drive is part of the Provincially Designated Highway (PDH) Route 100
system and sections of it are badly deteriorated. M &C 2011 -90 listed a number of
options to resolve emergency asphalt repairs required for Chesley Drive to make
the road safe for motorists. At the April 26, 2011 meeting Council adopted the
recommendation to provide emergency asphalt repairs to the inside west bound
lane and both east bound lanes between Hilyard and Bentley. Councillor Farren
submitted a letter with a Motion to Mayor Court and Common Council dated May
5, 2011 "To direct the City Manager to consider paving 4 lanes on Chesley Drive
rather than 3 lanes ".
Unfortunately the condition of Chesley Drive continues to deteriorate and given
the prolonged and sometimes heavy rain that has blanketed the City of late, this
deterioration of the road surface has accelerated to the point where it has become
not only inconvenient but hazardous to drive.
Staff of Municipal Operations considers the state of Chesley Drive to have fallen
into the category of an emergency situation that requires extreme measures to
address in as timely a fashion as possible.
119
Page Two
ANALYSIS:
Given the urgency of this situation Materials Management have worked with staff
of Municipal Operations to seek, by means of invited tenders, competitive bids for
the milling and resurfacing of the 4 traffic lanes of Chesley Drive between Hilyard
Street and Bentley Drive.
From past experience we are aware that there are a limited number of vendors
who normally bid to provide the types of services required by this tender. Due to
the urgent nature of the request, staff of Materials Management, while
cognoscente of the need to seek competitive bids for the expenditure of public
funds wherever and whenever possible, set aside the advertised public tendering
process and expedited the matter with a tender by invitation process. This process
has been successfully employed in the past when circumstance required a
shortened bidding cycle.
Invited tenders have the same formality and requirements as advertised tenders,
the only difference being that distribution is limited to those bidders who
traditionally respond to the advertised tenders. In this case there were 3 vendors
solicited to submit bids.
Bidding closed on Thursday at 10:30 am with the following companies
responding by submitting bids;
1) Debly Enterprises $104,154.93
2) NRB Construction $110,314.56
3) Classic Construction $126,506.33
Price and availability were the 2 key criteria employed by staffs of Municipal
Operations and Materials Management when evaluating the bids. Given the
urgency of this request and the nature of the bidding process the start date, to be
no later than May 30th, has to be a factor when considering award.
FINANCIAL IMPLICATIONS:
As stated above and previously reported to Council, Chesley Drive is a
provincially designated highway and, as recommended previously, one option
available to the City is to resurface it and then seek compensation for cost from
the Province.
If awarded as recommended, the estimated total tax included cost to plane and
resurface Chesley Drive as per the specifications and requirements of tender
084902T will be $104,154.93.
120
Page Three
RECOMMENDATION:
It is recommended that the tender submitted by Debly Enterprises Ltd, in the total
tax included amount of $104,154.93, for the provision of all necessary labour,
materials, tools and equipment required to mill and resurface Chesley Drive
between Hilyard Street and Bentley Drive, and in accordance with the
specifications and requirements of tender 084902T, be accepted.
Respectfully submitted,
O-jg-
David I Logan
Purchasing Agent
Patrick Woods
City Manager
121
�? I' REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2011 -121
May 19, 2011
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Refuse on Private Property, Illegal Dumping and Improper Storage of Garbage
BACKGROUND
A /jil
City of Saint john
At the November 5, 2010 meeting of Common Council, staff was directed to
prepare a bylaw or other mechanism that would require property owners to
reimburse the City for expenses related to emergency responses for unsecured
refuse on private property. At the May 9, 2011 meeting of Common Council, the
issue of illegal dumping and improper storage of garbage was raised and a report
was requested.
The issues of illegal dumping, improper storage of garbage, and unsightly
premises are covered under two City by -laws: By -law M -2: A By -law for the
Storage, Collection and Disposal of Solid Waste in the City of Saint John (Solid
Waste By -law), and By -law — M30:,4 By -law Respecting Unsightly Premises and
Hazardous Buildings and Structures within the City of Saint John (Unsightly
Premises and Dangerous Buildings By -law). The Municipal Operations
Department enforces the Solid Waste By -law and the Buildings and Inspection
Services Department enforces the Unsightly Premises and Dangerous Buildings
By -law.
The first part of this report will explain the role of the Unsightly Premises and
Dangerous Buildings By -law in dealing with the concerns raised by Council,
including the issue of emergency response to unsecured refuse. The second part
of the report will explain the role of the Solid Waste By -law in addressing
concerns of illegal dumping and other refuse related issues.
122
M &C2011 -121 -2- May 19,2011
Unsightly Premises and Dangerous Buildings By -law
The City of Saint John has enacted the Saint John Unsightly Premises and
Dangerous Buildings By -law which adopts section 190 of the Municipalities Act.
The By -law requires properties to be free of unsightly items, which includes:
• Any ashes, junk, rubbish or refuse,
• An accumulation of wood shavings, paper, sawdust or other residue of
production or construction,
• A derelict vehicle, equipment or machinery or the body or any part of a
vehicle, equipment or machinery, or
• A dilapidated building.
Typically, unsightly properties are identified by way of complaints received from
the public, or City staff has identified a property of concern. In the event that an
unsightly condition exists on a property, the City can issue a Notice to Comply
ordering that the property be cleaned up and the unsightly items removed. If the
Notice is not complied with, the City can choose to clean up the property, issue a
ticket and/or lay an Information in Provincial Court. If the City chooses to clean
up the property, all associated costs would be invoiced to the property owner; if
the owner failed to pay, the City would request reimbursement from the Province
and the costs would be added to the property tax bill.
On average, the Buildings and Inspection Services Department has approximately
60 cases annually concerning unsightly premises. Of those, approximately 90
percent are complied with from standard enforcement procedures of contacting
the property owner by letter, phone and in- person inspections. If a property
owner does not comply, a Notice to Comply is issued; on average less than 3
Notices are issued annually. The Saint John Unsightly Premises and Dangerous
Buildings By -law is appropriate to deal with situations that meet the definition of
unsightly under the Act, including unsecured refuse that contributes to a fire
hazard on a property. For a City -wide coordinated approach to this issue, staff
from Buildings and Inspection Services, the Fire Department and Municipal
Operations have formulated a plan to deal with this issue with a systematic
approach.
Staff of Buildings and Inspection Services and the Fire Department will be
meeting at a minimum on a monthly basis to determine which unsightly properties
pose the greatest hazard and nuisance for neighbourhoods. With this coordinated
approach to prioritizing cases, the City will be able to more effectively address
those properties of greatest concern. These prioritized cases will be enforced with
the well established procedures of the Unsightly Premises and Dangerous
Buildings By -law. In the event that a property owner does not comply with a
Notice to clean up the property of the unsightly items, the City will undertake to
clean up the property. As is typical with past practice, private contractors will be
used for the clean -up, or in cases where this arrangement is not practical for a
123
M &C2011 -121 -3- May 19, 2011
variety of reasons, crews from the Municipal Operations department will assist
with the clean -up efforts. All costs will be tracked and an invoice will be sent to
the property owner. Following standard procedure, if the property owner does not
pay the invoices and the City makes all possible attempts to recuperate the costs,
the Province will be requested to reimburse the City and apply the outstanding
charges on the property tax bill. For cases where there is an unsightly condition
but not identified as a particularly hazardous condition, other enforcement tools
available, such as tickets, will be used where appropriate.
The Fire Department, acting under the Fire Prevention Act, is able to and has
been exercising its authority to issue Orders to property owners to repair or
demolish buildings that are especially liable to fire. These Orders have been
utilized to address vacant and dangerous structures within the City. If a property
owner does not comply with the Order, a charge can be laid in Provincial Court
and a fine and Provincial Court Order is requested. Staff of the Fire Department
and Buildings and Inspection Services is coordinating efforts to address vacant
and dangerous buildings in the City to ensure effective and efficient enforcement
of the Unsightly Premises and Dangerous Buildings By -law and the Fire
Prevention Act, whichever is deemed effective in a particular circumstance.
The November Council referral also asked how the expense of an emergency
response to properties with unsightly items can be charged by the City. The
ability of the Fire Department to charge fees to property owners for the various
services they offer is being reviewed and researched for a separate report. This
issue will be considered during the ongoing fee review project. In the meantime,
the coordinated approach to prioritizing unsightly premises has already begun.
Solid Waste By -law
The Solid Waste By -law was enacted in its current form in 2005 and covers such
topics as: curb service, collection routes and scheduling, storage and containers,
placement for collection, special waste collection programs, collector's licensing,
disposal, and penalties.
The Solid Waste By -law does not specifically define illegal dumping, however it
can be explained as the placement of refuse within City boundaries, in
contravention of the Solid Waste By -law. Typically, illegal dumping includes
material left on a City right of way or on City -owned land, material left on private
property without the consent or knowledge of the property owner, and disposal of
material on a City right of way by a non - resident or ineligible customer (resident)
of the City to be collected on a regular collection day.
Contraventions of the By -law are identified by way of citizen complaints, or a
City employee reports a problem situation to the Foreman. A job order is entered
in the City's computer tracking system and a crew investigates the matter. In the
case of material being disposed of on City property, once the City is aware of the
material, crews are dispatched to remove the materials and clean up the area. In
124
M &C2011 -121 -4- May 19, 2011
the case of material on private property, the City notifies the owners to clean it up
and properly dispose of the materials. In these cases, and in the cases of a non-
resident dumping material on a City right of way, solid waste crews will attempt
to identify the owner of the materials and if successful, will contact them to
collect the materials and pay a voluntary fine for being in contravention of the By-
law; a charge in Provincial court can also be pursued.
Municipal Operations previously has not tracked the volume of service requests
by the public. It has been communicated that an average of 1 call per day is
received to combat illegal dumping within a City right of way or on City property.
Striving towards continuous improvement, in 2011, a new process has been
developed and implemented to track all illegal dumping service requests and the
enforcement success rate. Generally, the enforcement rate is very low and the
majority of offenders, once identified, will pay the voluntary fine and collect their
refuse for proper disposal. In most cases, the offenders are not City residents or
are contractors that fail to properly dispose of their customers' refuse.
The Solid Waste By -law is currently under review and is expected to be submitted
for Common Council approval by the end of 2011. This revised By -law is
expected to result in an increase in fines and a wider variety of penalties.
Municipal Operations is expected to request dedicated By -law education and
enforcement resources in the 2012 budgeting process. Municipal Operations will
be submitting a number of reports to Council in the coming months to discuss the
requirement for such resources and the impact that changes to the current Solid
Waste Management Service model will have on illegal dumping.
At times, a problem on a property can be dealt with by both the Solid Waste By-
law and the Unsightly Premises and Dangerous Buildings By -law. Typically,
Municipal Operations addresses disposal of material on city property (including
right of ways) and any clear contravention of the Solid Waste By -law (including
improper storage of refuse, inadequate containers). If there is material disposed
of on private property that meets the definition of unsightly in the Municipalities
Act, then the Buildings and Inspection Services enforces the Unsightly Premises
and Dangerous Buildings By -law as the enforcement tools available under the
Municipalities Act are more encompassing and allows the municipality to remedy
the condition and recover its costs of doing so.
This being said, resource allocation is always a challenge with respect to
unsightly premises if property owners do not comply with standard enforcement
procedures. Buildings and Inspection Services personnel that are responsible to
issue Notices concerning unsightly premises also issue Notices for dangerous
buildings; therefore, unsightly premises is often assigned a lower priority.
However, with the increased resources Council has budgeted for an enhanced
enforcement program for dangerous buildings, it is anticipated that Buildings and
Inspection Services will be able to spend more resource time on other by -law
enforcement cases, including unsightly premises. This will be in place this
125
M &C2011 -121 -5- May 19, 2011
summer /fall once all new hires for the dangerous buildings program are complete
and resources are freed up to place more of a focus on unsightly premises. Staff
of Buildings and Inspection Services is also working with Communications staff
to provide some information and education to the public concerning unsightly
premises, illegal dumping and options available to have material properly
disposed of.
At the May 24, 2011 meeting of Common Council, staff from both Buildings and
Inspection Services and Municipal Operations will be present to discuss the by-
laws, the enforcement programs and to answer any questions.
RECOMMENDATION
Your City Manager recommends that this report be received and filed.
Respectfully Submitted,
,_AkW"A�00
Amy Poffenroth, P Eng, MBA
Deputy Commissioner
Buildings and Inspection Services
R. Kevin Rice, CET, BSc.
Deputy Commissioner, Municipal Operations
Municipal Operations & Engineering
ti
La ck Woods, CGA
Manager
126
REPORT TO COMMON COUNCIL
May 19, 2011
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Little River Reservoir Community Park
PURPOSE
The City of Saint John
The purpose of this report of to provide estimates of annual maintenance costs for the
proposed development of the Little River Reservoir as requested at the May 9`i' meeting
of Common Council.
BACKGROUND
The Little River Reservoir Association (LRRA) has presented their plans for the proposed
development of a Community Park. One of the issues identified was the need to
confirm a maintenance agreement with the park developers and the City of Saint John.
Staff has met with members of the LRRA and reviewed the plans for the park, as well
as the expectation for maintenance and has estimated the net effect on this
development from a maintenance perspective.
ANALYSIS
The development of the Little River Reservoir Community Park by community and
private sector partners is advantageous to the community and will improve the
recreational options available to citizens in the immediate area and across the City.
The proposed park is well planned, has community support and will employ durable
materials to ensure longevity and minimize future costs. As well, the development does
not interfere with other planned works in the area as part of the clean water initiative.
Finally, an active community presence in the area should help to reduce vandalism,
Etter and other undesirable behavior.
The current level of maintenance at this site includes: weekly playground inspection and
removal, mowing and beach cleanup. Through discussions with the LRRA staff has
an increased level of maintenance will be required to meet the expectations of the
and to ensure a sufficient level of care for the new elements of the park. More frequent
removal and litter pickup, trail maintenance and snow plowing of the parking area are
of the changes that will be necessary.
127
M &C 2011 -
May 19, 2011
Page 2
FINANCIAL IMPLICATIONS
We anticipate that the cost of this increased level of service will be in the order of
$18,000 ($14,000 in labour, $4,000 for materials and equipment). The long -term
capital replacement costs of this facility depend in large part on the type of amenities
and finishes and are difficult to project based on schematic design drawings alone. If
trails are constructed to a high standard with sufficient attention to drainage, and
amenities (benches, signage etc...) designed to be vandal - resistant there should be
little costs over and above yearly maintenance. One exception would be the three
bridges along the trail. Based on staffs discussion with the LRRA, Irving Oil has
indicated that they are willing to take responsibility for the eventual cost of replacement
or major repairs.
These costs are approximate, and will only be known once the development has been
completed and has been in use for a reasonable amount of time.
RECOMMENDATION
That Common Council approve the development of the Little River Reservoir Community
Park as presented, and that the 2012 Operating Budget make provision for the related
facility maintenance costs and that the City Manager and City Solicitor be directed to
prepare all necessary documentation for Common Council's approval.
Respectfully submitted,
Bernie Morrison atrick Woods, CGA
Commissioner, Ci Manager
Leisure Services
128
f
Saint John
Parking Commission
Commission our
le statlonnement de Saint John
M &C 2011 -104
May 13, 2010
His Worship Mayor Ivan Court
And Members of Common Council
Your Worship and Members of Council:
11th Floor, City Hell, 11 14m ttage, HCtel de Ville
P.O. Box 1971 / C.P. 1971
Saint John, N.BJN. -B. F21_ 41-1
Tel /T61: (506) 658 -2897
Fax/ T616copieur. (506)649-79M
E -mall / Couniel: parking®saintiohn.ca
SUBJECT: SALTY JAM FESTIVAL 2011— REQUEST TO USE WATER STREET (COAST GUARD)
PARKING LOT, PID # 55011894
BACKGROUND
The Saint John Parking Commission received a request from the organizers of the 2011 Salty Jam
Festival to use the Water Street Parking Lot as the festival site from Wednesday evening, July 6,
2011 until Sunday, July 10, 2011.
ANALYSIS
The festival organizers are seeking permission to begin festival set up on Wednesday evening to
erect the tent which will occupy approximately one -half of the parking lot (as shown on the
attached diagram). The event begins on Thursday, July 7, 2011 and continues through until
Saturday, July 9, 2011, with cleanup scheduled for Sunday, July 10, 2011. Daily and monthly
parking would be affected only on Thursday, July 7, and Friday, July 8, as only half of the lot
would be available for parking.
Due to a limited budget, the festival organizers have requested to use the parking lot at no
charge; but they have offered to recognize the Saint John Parking Commission as an in -kind
sponsor of the event and include our logo on their promotional materials and website.
The Saint John Parking Commission, at its meeting of April 20, 2011, approved this request as
the festival organizers have agreed to the terms and conditions of the Parking Lot Usage Policy
and they have also agreed to repair any holes in the asphalt surface from the tents; however,
this request also requires approval by the City of Saint John as the property is City - owned.
www.sainf"n.ca
M &C 2011 -104
May 13, 2011
Page 2
The following documentation is attached for your reference:
• Copy of request from Renea Sleep, Salty Jam Festival Chairperson, dated March 11,
2011;
• Copy of memorandum to the Saint John Parking Commission recommending approval;
• Copy of signed agreement between the Saint John Parking Commission and Salty Jam
Festival Inc.;
• Copy of Schedule "A" outlining the City -owned properties that will be used on the
special event dates;
• Copy of Schedule "B" outlining the terms and conditions for parking lot usage.
RECOMMENDATION
It is recommended that Common Council approve the request of the Salty Jam Festival to allow
the use of the Water Street Parking Lot from Wednesday, July 6, 2011 after 5:00 p.m. until
Sunday, July 10, 2011, for the purpose as indicated above; and further, that the Mayor and
Common Clerk be authorized to execute the necessary documents.
Respectfully submitted,
Christo er itus
Chairman
Saint John Parking Commission
J. Patrick Woods, C.G.A.
City Manager
130
4,
March 15, 2011
�p
2Y
FESTIVAL OF MUSIC
Christopher Titus
Chairman
Saint John Parking Commission
Dear Mr. Titus:
As the Chair of Saltyjam, Saint John's Festival of Music, I have put in a request with Richard
Smith to use the Coast Guard parking lot, once again, as this year's location for the main tent.
Saltyjam is requesting use of the parking lot from the evening of Wednesday, July 6'h (for
tent set up) through to Sunday, July 10`" (for tearing down). Saltyjam will require full use of
the parking lot for additional equipment such as a reefer truck and an RV (or small tent) for artist
green rooms. (There will be performances in the tent on Thursday, Friday and Saturday
evenings, July 07 -09, 2011.)
I understand that this will affect those who park in the lot on both Thursday and Friday; however,
the City, as well as Uptown business, will benefit from having an increased amount of people in
the immediate area over the four day period.
Saltyjam is a non- profit organization and we would be ever so grateful if the Parking Commission
would consider allowing us use of the parking lot at no cost again this year. In turn, we would
advertise the Saint John Parking Commission as an in -kind sponsor for the event and we would
include your logo on various print materials advertising the festival, as well as on our website.
The Saltyjam Planning Committee cannot thank you enough for taking the time to consider our
request.
Should you have any questions or concerns, please do not hesitate to contact me.
Sincerely,
l ,ewea
Renea Sleep
Festival Chair
Saltyjam Festival, Inc.
/rs
Saltyjam Festival, Inc. 1130 Box 7205 1 Saint John, NB I E2L 4S6 1 (506) 639 -7754 1
131
Saint John
Parking Commission
Commission sur
le stationnement de Saint John
MEMORANDUM
Date: April 15, 2011
TO: Saint John Parking Commission Members
FROM: Richard Smith, General Manager
RE: Use of Water Street (Coast Guard) Parking Lot
Salty Jam Festival, July 6 -10, 2011
3�
11th Floor, City Hall, 1 116m ttage, H6tel de Ville
P.O. Box 1971 / C.P. 1971
Saint John, N.B. /N. -B. E2L 4L1
Tel/ T61: (506) 658 -2697
Fax/ T616copieur: (506) 649 -7938
E -mail / Courriel: pe*ing @saintlohn.ca
On March 11, 2011, the SJPC received a letter from Renea Sleep, Chairperson of Salty Jam 2011
requesting the use of the Water Street Parking Lot for their event. The festival group has
requested the following:
• Permission to go on site after 6pm on Wednesday, July 6, 2011 to erect the tent on
approximately one half the parking area; (Refer to attached diagram.)
• Use of half the parking lot on Thursday July 7, 2011 and Friday, July 8, 2011;
• Use of entire parking lot area after 5pm on Friday, July 8, 2011 and Saturday, July 9,
2011;
• Clean up of the parking area will be completed on Sunday, July 10, 2011.
It is my recommendation that the Saint John Parking Commission approve the special event
request of the Salty Jam Festival to use the Water Street Parking Lot (Coast Guard) during the
periods outlined above at no cost to the festival provided the following conditions are met:
Meet the conditions outlined in the Terms and Conditions of parking lot usage dated
August 16, 2008;
Any holes that are made in the asphalt when the tents are erected must be filled to the
satisfaction of the SJPC after the event is completed.
Richlrymith-
GenerV Manager
www.saintjohn.ca
132
THIS AGREEMENT MADE this 9th day of May 2011.
BY AND BETWEEN:
THE SAINT JOHN PARKING COMMISSION, a body
corporate under S.N.B. 1956, Chapter 128, having its
Head Office at the City of Saint John, in the Province
of New Brunswick (hereinafter called the
"Commission"
OF THE ONE PART
I "MT4IE
Saito Jam Festival Inc, a company duly incorporated
under the laws of the Province of New Brunswick and
Salty Jam Festival Inc., doing business under the
name and style Salty Jam Festival Inc., hereinafter
the "Licensees"
OF THE OTHER PART
WHEREAS the Commission is the owner of certain lands in the said City
known by PID number(s) 55011894; and
WHEREAS the Licensees wish to use those portions of PID number(s)
5501 1894 as shown on Schedule "A" hereto attached; and
WHEREAS the Commission by resolution adopted on April 20, 2011
resolved to permit the Licensee to use those lands shown on Schedule "A" for a
live entertainment event on July 7 -9. 2011 upon the terms and conditions as
specified in a letter dated May 6, 2011 from the Chairman, Saint John Parking
Commission and attached hereto as Schedule "B ".
NOW THIS AGREEMENT WITNESSETH that in consideration of the sum
of 500 now paid by the Licensee to the Commission, the receipt whereof is
hereby acknowledged, the Commission gives permission to the Licensee to use
those portions of PID number(s) 55011894 as shown on Schedule "A" for a live
133
entertainment event on July 7 -9, 2011 upon the terms and conditions as
specified in Schedule "B" hereto attached.
IN WITNESS WHEREOF the parties hereto have caused these presents
to be executed to be executed the day and year hereinbefore first written.
SIGNED, SEALED & DELIVERED } SAINT JOHN PARKING COMMISSION
In the presence of: )
Per:
Christo us
Chairman
And:
Sibley Co Peasurer ser,
Secr(
Common Council Resolution:
COMPANY NAME S(- J + earl
Per;,
And:Ei1- t`ti��ft�
134
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136
Schedule "B"
Terms and Conditions — 2011
Parking Lot Usage
Mast 13, 2011
The Saint John Parking Commission will review each request from local
businesses or community events to use our parking lots based on the following
criteria:
1. Alcohol
• C py of the Liquor License provided to the Saint John Parking Commission
l i ca o n I)as peen SA6MfkJ , Will pltYldd C-c,r) of l(Lfer clak.
• Alcohol is only to be dispensed on the site indicated on the application that is
✓ provided to the applicant.
■ Alcohol may not be consumed outside designated areas during the specific
✓ event, and under conditions of the license, municipal and provincial by -laws
and legislation.
■ Particular attention must be paid to security and safety. (Refer to Security
v Section) Se Cu n+y W) it he c) n hail d d 4- l ,)rs AaLl
2. Securi
■ The organizer is responsible for security of the area where the event is taking
place.
o The organizer must retain the services of the Saint John Police Force to
provide security and provide other security�ersonnel as required by the
police department. M % n (4 � SJP a fihce YVIII be on hu rxd
pac. -i, nlihtj aLidi-honal secuvzlj wIIf bt tUred .
■ The organizer is responsible for providing signage in the parking lot area, as
required, to allow notice to the general public of the event.
3. General Conditions
Any approval is always subject to any lease held by the Saint John Parking
Commission
137
2
No parking or storage of materials will be permitted in common alley ways,
✓ walkways or fire lanes.
e The event area must be fenced or barricaded to clearly define event area.
Each request must clearly show the layout of the event, the type of event,
event times and estimated number of people attending. L Q you ct..+-fa C�tI
-T -er,4 urerts CO 7.300/ rv+ A tndctnce 4t)-Vw In.ir. }. --
Consent of Common Council is required if any part of the event is held on
City -owned property.
A damage deposit of $500- $1,000 will be required, payable to the Saint John
Parking Commission, and must be received 48 hours prior to the event.
w III pru;,Ide ciu%�_r' fo cl.c,_+e .
$2,000,000 Liability Insurance is required and must contain the following
✓ clauses:
1. Policy must show the Saint John Parking Commission and the City of
Saint John (when City -owned land is used) as insured on the policy.
2. Policy must indemnify the Saint John Parking Commission and the City of
Saint John (when City -owned land is used) against any claims or loss
incurred as a result using our parking lot for a special event.
3. Proof of insurance with the appropriate clauses must be provided to the
Saint John Parking Commission office seven (7) days prior to the event.
Use of the parking lot for special events other than community events such as
the Saint John Jazz & Blues Festival and Festival by the Sea, will only be
permitted on Friday or Saturday evenings.
is Set up for any special event will be reviewed by the Saint John Parking
Commission and arrangements made with the organizer.
Music will not be permitted before 8:00 p.m. on the evening of the event and
must end by 1:00a.m.
All people must vacate the special event area by 1:30 a.m. on the evening of
the event.
Any expenses incurred such as towing, signage, damage to the parking lot
area, including but not limited to landscaping, will be the responsibility of the
✓ event organizers.
0 We do not guarantee vacant possession.
138
3
All sound levels, including artist and music equipment, must maintain volumes
no more than 98 Db at 10 meters from the sound source with peak
frequencies no louder than 101 Db. In addition, the organizer must comply
with our request by the Saint John Police Force to lower music levels, if
required.
Any request for use of our parking lots must be made at least 60 days prior to
event to allow for approval by the Saint John Parking Commission, the Saint
John Police Force and Common Council.
Any request will require the approval of the above parties before any
agreement is finalized.
Any contract or agreement must be signed by individuals who have
appropriate signing authority for a company or individual.
The Saint John Parking Commission reserves the right to charge a rental fee
for the parking lot, depending upon the type of event and revenues
generated.
The Saint John Parking Commission reserves the right to waive any of the
conditions herein.
139
13.2(a)
Planning
Advisory Committee
May 18, 2011
Your Worship and Councillors:
P.O. Box 1971 506 658 -2800
Saint John
New Brunswick
Canada E2L 4L1
SUBJECT: Cedar Point Anchorage Subdivision (Phase 7)
554 Woodward Avenue (Project File)
City of Saint John
The Planning Advisory Committee considered the attached report at its May 17,
2011 meeting. Ladds Batten appeared on behalf of the developer in support of the
application and the staff recommendation, provided that only a 3 metre wide Land
for Public Purposes dedication would be required in the vicinity of proposed Lots
36 -G to 42 -G (see attached report and recommendation).
Mr. Batten also indicated that they were no longer seeking a variance from the
requirements of the Subdivision By -law with respect to the proposed 20 metre
wide street rights of way. This phase of the subdivision would be redesigned in
order to satisfy the new 23.1 metre wide requirement that was very recently
adopted by the City.
There were three other presentations made at the meeting by area residents.
These presentations raised concerns with regards to the manner that streets have
been constructed in this area, and would be constructed in the next phase of the
development, as well as the manner that these streets have been maintained.
Inadequate storm drainage and pedestrian safety were discussed.
In addition, concerns were raised with regards to the lack of a secondary access
for the area. Also, a concern that the proposed Phase 7 development would rely
completely on Anchorage Avenue was also raised, and it was suggested that a
direct street connection should occur between the proposed development to
presumably an extension of Admiralty Drive.
In addition to these presentations a petition and other seven letters were received
with respect to this application (see attachments).
After considerable discussion, the Committee resolved not to recommend the
proposed subdivision in its present form.
140
-z-
RECOMMENDATION:
That this application be denied.
Respectfully submitted,
4
Coli urray
Chairman
MO
Project No. 11 -064
141
DATE: MAY 13, 2011
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT
FOR: MEETING OF MAY 17, 2011
PREPARED BY: REVIEWED BY:
_ �_ Xb _ ::V�- � -_
Mark O'Heam Ken Forrest, MCIP, RPP
Planning Officer Commissioner
SUBJECT:
Name of Applicant: 512531 NB Ltd.
Name of Owner: 512531 NB Ltd.
Location: 554 Woodward Avenue (Project File)
PID: 55180558 (portion)
Municipal Plan: Low Density Residential
Millidgeville Secondary Plan: Development Area C: Cedar Point
Zoning: "RSS" One Family Serviced Suburban Residential
Proposal: To undertake another phase of the Cedar Point Anchorage
Subdivision involving 56 serviced residential lots along public
streets.
Type of Application: Subdivision and Variance that would reduce the required minimum
street right of way width for rural roads from 23.1 metres to 20
metres.
(P-4-
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E21- 4L1 I wwwsaingohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
142
Cedar Point Anchorage Subdivision, .-hale 7
554 Woodward Avenue (Project File)
JURISDICTION OF COMMITTEE:
Page 2
May 13, 2011
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning the subdivision of land, including the assent of streets and public easements, as well
as the authorization of City/Developer Subdivision Agreements.
The Act also authorizes the Committee to grant reasonable variances from the requirements of the
Subdivision By -law. The Committee can impose conditions.
Finally, the Subdivision By -law authorizes PAC to approve the names of new streets.
STAFF RECOMNMNDATION TO COMMITTEE:
I . That Common Council assent to one or more subdivision plans, in one or more phases, in general
accordance with the submitted Cedar Point Anchorage Subdivision, Phase 7 tentative plan, as
well as to any necessary municipal services and public utility easements, on the condition that:
The plan is amended to include a 6 metre wide Land for Public Purposes dedication in the
vicinity of proposed Lots 36 -G to 42 -G between Anchorage Avenue (extension) and the Nature
Trust of New Brunswick Inc. property (PID No. 55198436).
2. That Common Council authorize the preparation and execution of one or more City/Developer
Subdivision Agreements to ensure provision of the required work and facilities, including
detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and
any required contribution to the pumping station and potential force main upgrades, as well as
any additional infrastructure costs associated with this proposed subdivision development.
3. That the Planning Advisory Committee grant a variance to the requirements of the Subdivision
By -law that would reduce the minimum street right of way standard for rural roads from 23.1
metres to 20 metres for the streets within this proposed subdivision.
4. That the Planning Advisory Committee approve the new street name "Topsail Terrace."
BACKGROUND:
On December 4, 2006 Common Council rezoned the majority of the area from "RS -2" One and Two
Family Suburban Residential to "RSS" One Family Serviced Suburban Residential. The Planning
Advisory Committee had recommended approval of this rezoning at its meeting on November 14, 2006.
On May 1, 2007 the PAC considered a subdivision application by the developer (512531 N.B. Ltd.)
involving the creation of 166 serviced residential lots (see attachments). While staff recommended
approval of this application, though Municipal Operations and Engineering had expressed certain
143
Cedar Point Anchorage Subdivision, ease 7
554 Woodward Avenue (Project File)
Page 3
May 13, 2011
concerns for such a large subdivision expansion (see Input from Other Sources section of this report),
the Committee resolved to recommend assent of a maximum of only 51 lots to Common Council.
In addition, the Committee resolved that:
(a) The developer had to endeavour to negotiate with the Province for a temporary access road for
construction vehicles for the recommended 51 lot subdivision; and
(b) A permanent secondary access had to be provided before any further expansion of the
subdivision would be considered beyond the recommended 51 lots.
On May 7, 2007 Common Council assented to a subdivision of a maximum of 51 lots, and authorized
the necessary City/Developer Subdivision Agreement, and any required contribution to the pumping
station and potential force main upgrades.
Since that time the developer proceeded with the construction of Anchorage Avenue, and the creation of
42 serviced residential lots along this road. Under the May 7, 2007 Council assent the developer is
permitted to create 9 further lots along Anchorage Avenue.
It should also be mentioned that the Province later decided not to convey any further lands to the
developer for residential development purposes. Instead, in 2009 the remaining 23.6 hectare lands
adjacent to the subject property were conveyed to the Nature Trust of New Brunswick Inc. (PID No.
55198436). With respect to (a) above there were discussions but the developer was not successful in
negotiating a temporary access for construction vehicles.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has provided the following comments concerning this
application:
(a) In April 2007 comments were provided to Planning for the May 1, 2007 meeting of PAC. The
proposed subdivision was to develop an approximate 166 lot extension of the Cedar Point
Anchorage Subdivision. At that time the following comments from Engineering were included
in the staff report:
"Municipal Operations and Engineering advises that it has concerns that this subdivision is
becoming too large to have a single point of entry for both water supply and vehicles. A
significant incident or failure on Cedarwood Drive will cause serious inconvenience and risk in
this very large cul -de-sac. A second road access and water feed should be included in the
approval of this subdivision.
It is also noted that the existing sewer lift station at the intersection of Leeward Lane and
Rivershore Drive currently serves approximately 70 homes and was built nearly twenty years
ago. The City is finalizing upgrading plans and has budgeted funds in this year's budget. A cost
sharing agreement is required.
144
Cedar Point Anchorage Subdivision, : hase 7 Page 4
554 Woodward Avenue (Project File) May 13, 2011
Finally, Municipal Operations had previously [indicated] that it does not support the expansion
of the Cedar Point subdivision using the "RSS" One Family Serviced Suburban Residential
standard (i. e. the use of ditches and driveway culverts instead of curbs and piped storm sewers).
In this high quality area the property owners often want to landscape to the edge of the street
and in the process partially fill in the ditches and raise the shoulders so water cannot drain off
the street and driveway culverts are more easily blocked. "
(b) At the May 1, 2007 meeting of PAC it was resolved that "A permanent secondary access must
be provided before further expansion of the proposed subdivision, beyond the recommended 51
lots, will be considered. " To date a secondary access has not been provided by the developer,
nor is it within the financial capacity of the City of Saint John to build such a road now or at any
time in the foreseeable future.
(c) At the May 7, 2007 meeting of Common Council the adopted resolution included "... the
required contribution to the pumping station and potential force main upgrades. " In 2008 -2009
the City undertook the work required for the upgrades at the Cedar Point Lift Station.
(d) The current proposal includes 20 metre wide rights of way for the proposed streets. This width is
consistent with the existing streets located in the previous phases of the subdivision.
However, very recently the right of way width standard for rural roads was increased to a
minimum width of 23.1 metres. This Subdivision By -law amendment was undertaken in order to
provide an adequate width for the driving surface and ditching with proper slopes.
Therefore, the Chief City Engineer does not support the variance for the continuation of 20 metre
wide rights of way, but instead recommends that these rights of way conform to the newly
adopted By -law standard of 23.1 metres. This additional width will be necessary in order to
facilitate the construction of ditching with less steep slopes, resulting in less deterioration of the
ditching and associated gravel shoulders.
It should be mentioned that a 20 metre wide right of way is provided for by the Subdivision By-
law for local streets which include an asphalt driving surface, concrete curbing, a concrete
sidewalk, and a piped storm system (i.e. no open ditches).
Should a variance to reduce the right of way width be favorably considered by the Planning
Advisory Committee (from 23.1 metres to 20 metres), then a local street standard would be
preferred.
(e) Detailed engineering drawings and a detailed engineering design brief (water, sanitary, storm,
and street) from the developer's engineering consultant must be submitted to the City for review
and approval. Water capacity, pressure and fire flow requirements will have to be verified by the
developer's engineering consultant. The City must have from the developer's engineering
consultant what the expected average and peak water consumption flows will be from this
proposed development and provide a recommendation as to the adequacy of this proposal.
Looping of the water main is required — absolutely no dead ends are allowed. Should the
developer's engineering consultant note that due to elevations, homes may require water booster
pumps, these will be private and not owned or maintained by the City.
145
Cedar Point Anchorage Subdivision, ehase 7 Page 5
554 Woodward Avenue (Project File) May 13, 2011
(f) The developer must provide a detailed site drainage engineering design and report indicating
how storm water collection and disposal will be handled. An engineering sewer analysis must be
completed in order to determine the impact this development will have on the existing sewer
infrastructure and also to ensure that this proposal does not exceed the current capacity of the
existing system. As well, the existing sanitary force main must also be reviewed by the
developer's engineering consultant to determine if it will adequately handle this phase and future
phases of development. Should any upsizing or upgrades be required this will be the full
responsibility and cost of the developer.
(g) If any additional upgrades to existing infrastructure are deemed necessary, this shall be required
and at the cost of the developer. Detailed engineering plans must be submitted to the City for
review and approval prior to determination.
(h) All grades for water and sewer systems must be verified by the developer's engineering
consultant.
(i) Any additional phases proposed for this development will require a more comprehensive water
and sewer analysis for the project. The developer should note that if future phases are planned,
the infrastructure size and configuration for the phase must be sufficient to accommodate any
additional development.
Buildings and Inspection Services has no concern with regards to this proposed subdivision.
Saint John Fire Department has indicated that the road network will have to be accessible year round
and be designed to support the expected loads and widths imposed by firefighting equipment, as per the
National Building Code of Canada (2005), Section 3.2.5.6 "Access Route Design." In addition, there
will be a requirement to extend the hydrant network throughout the proposed development in accordance
with the standards adopted by the City of Saint John.
Saint John Transit has indicated that there is no direct service provided to this neighbourhood. The
closest service is at the intersection of Boars Head Road and Woodward Avenue. This entire area would
probably be best served with a park and ride location near the said intersection.
N.B. Department of Environment has been advised of this matter.
School District 8 has been advised of this proposed residential development.
Saint John Energy has advised that the existing overhead facilities along Anchorage Avenue can be
extended in order to service the proposed 56 lots. The cost for the necessary line extension can be
discussed with the developer later. A 5 metre wide public utility easement will be necessary along both
sides of the proposed streets prior to the installation of any facilities.
Bell Aliant has indicated that the developer will be required to adhere to their extension policy with
respect to the provision of overhead utility service.
Rogers has been advised of this application.
146
Cedar Point Anchorage Subdivision, . hase 7
554 Woodward Avenue (Project File)
Page 6
May 13, 2011
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concern with
regards to this development.
ANALYSIS:
Subject Property and Neighbourhood
The subject area is located in the Cedar Point area of Millidgeville overlooking the Saint John River (see
attached location map). The site has a higher elevation than the surrounding properties along Anchorage
Avenue. The area is covered primarily by coniferous trees and rock outcropping. The location of the
proposed street rights of way have been cleared of trees, and there is a stockpile area of rock in the
vicinity of proposed Lots 32 -N to 26N (see attachments).
With regards to the development of the general area, the Cedar Point Estates Subdivision (earlier
subdivision development near Woodward Avenue), and the now Cedar Point Anchorage Subdivision,
both have been developed under the "RSS" One Family Serviced Suburban Residential zoning. This
zoning was created at the request of Common Council in the mid 1980s to offer residents the
opportunity to acquire residential lots with much larger minimum lot frontages in order to accommodate
the construction of large homes, a popular housing market that was occurring in areas outside of the city.
Given the much lower density that this form of subdivision design afforded, the "RSS" street standards
substituted the typical local street requirements of concrete curbing and sidewalk, underground utilities,
and piped storm water systems with no curbing or sidewalk, overhead utility lines and open ditching.
While it would seem that these subdivisions have been popular, a group of local residents have for some
time expressed their concern with regards to the manner that streets have been constructed and
maintained.
Condition for a Secondary Access
Before analysing the proposed subdivision, it is necessary to consider this application in light of the
resolution by the Planning Advisory Committee on May 1, 2007 when the approval of a 166 lot
subdivision expansion was sought by the developer (see Background section of this report). This
resolution stated that, "A permanent secondary access must be provided before further expansion of the
proposed subdivision, beyond the recommended 51 lots, will be considered. "
To this end the developer undertook negotiations with the Province, a private landowner, and the Roman
Catholic Diocese, and has acquired certain parcels of land (PID Nos. 55199756, 55199731, 55199749 &
55199723) that, along with a portion of the subject property (PID No. 55180558) and an existing City
owned parcel that was vested for future street purposes (PID No. 55157549), could be used in order to
construct a public street from Cedarwood Drive to Ragged Point Road. This possible street right of way
is shown on the overall Cedar Point Anchorage Subdivision plan submitted by Kierstead Quigley and
Roberts Ltd. (April 25, 2011).
The developer has indicated that the acquisition of these parcels of land has cost over $100,000, and that
it is not financially feasible to pursue the construction of this road, which their engineering consultant
has estimated would cost at least $1.2 million dollars. Furthermore, it is the understanding of staff that
147
Cedar Point Anchorage Subdivision, chase 7
554 Woodward Avenue (Project File)
Page 7
May 13, 2011
the developer is only willing to convey these parcels of land if the City of Saint John is prepared to
construct the road within an acceptable period of time.
Given these observations the Committee could proceed in one of the following ways:
(a) Provide a recommendation for the proposed subdivision requiring that a public street is
constructed to Ragged Point Road at the same time.
It should be noted that a variance will be required since all the parcels of land are only 20 metres
in width, and the new rural road standard requires a minimum right of way of 23.1 metres. It is
unlikely City staff would support any cost sharing for the construction of this road, and staff
accepts the position of the developer that it is not feasible for the cost of this road to be absorbed
as part of this development project; or
(b) Provide a recommendation for the proposed subdivision requiring the conveyance of these
parcels of land to the City. This could be accomplished by vesting these parcels as Future Street.
The construction of the street could later be re- examined if and when an application to develop
the remaining portion of the subject property is sought; or
(c) Provide a recommendation for the proposed subdivision without any condition with regards to a
secondary access.
Municipal Operations and Engineering has expressed concern with approving the proposed 56 lot
subdivision. However, consistent with the staff recommendation for the original 166 lot expansion,
planning staff is not convinced that a secondary access is necessary. It is estimated that the 287 one
family dwellings in the entire development (including the proposed subdivision) will generate
approximately 2748 daily one way trips. The carrying capacity of the intersection of Cedar-wood Drive
and Woodward Avenue typically governs the overall street network capacity in the area. Problems are
not expected as industry guidelines suggest residential collector streets like these can accommodate up
to 8000 vehicle trips daily.
Development Proposal
As already mentioned, an application from the developer (512531 NB Ltd.) has been received seeking to
undertake a further phase of the Cedar Point Anchorage Subdivision (see attachments). This phase
would consist of 56 serviced residential lots along two public streets (extension of Anchorage Avenue
and the construction of a new street to be known as Topsail Terrace).
The area is zoned "RSS" One Family Serviced Suburban Residential, and the proposed lots can satisfy
the Zoning By -law with respect to their dimensions. The design of the submitted subdivision can also
satisfy the present requirements of the Subdivision By -law, except that very recently the Subdivision
By -law was amended and rural roads now require a minimum right of way of 23.1 metres. The
proposed streets only have 20 metre rights of way. Therefore, in order to allow for the proposal as
submitted a variance would have to be granted, which is discussed in the following section of this report.
.•
Cedar Point Anchorage Subdivision, r1hase 7 Page 8
554 Woodward Avenue (Project File) May 13, 2011
Requested Variance and Provision of Street Work and Facilities
Municipal Operations and Engineering does not support the variance request for 20 metre wide street
rights of way unless the proposed streets are developed under the local street standards, which include
an asphalt surface, concrete curbing and sidewalk and a piped storm water system.
However, it does not seem appropriate to have a portion of the neighbourhood built to a much higher
standard than the balance of the development. Requiring the construction of a sidewalk, for example,
would create a piece of pedestrian infrastructure that is hundreds of metres away from a connecting
sidewalk. This will introduce a significant operating cost to the municipality, and will only increase the
demand from other residents in the neighbourhood for the City to provide further infrastructure. The
purchasers of lots in this neighbourhood were well aware of the road standards in this area, and it is only
logical to complete the development in a consistent manner.
Furthermore, some of the issues that have arisen in the area are related to certain property owners
interfering with the open storm system in order to undertake extensive landscaping within the public
street right of way.
For the above mentioned reasons this variance is recommended. Therefore, the developer will be
responsible to construct the proposed new streets with an asphalt surface, overhead public utilities and
open ditching. No concrete curbing, sidewalks or piped storm water system will be required.
The recommendation includes all the necessary assents and approvals for the proposed development.
Included with the necessary City/Developer Subdivision Agreement is the requirement from the
developer for any contribution to the pumping station and potential force main upgrades, as well as any
additional infrastructure costs associated with this proposed subdivision development.
Land for Public Purposes
The Subdivision By -law requires that an area of land equal to six percent of the area of the proposed lots
be dedicated as land for public purposes. In this particular case, the developer has dedicated to the City
1.98 hectares of land for public purposes along the shoreline of the Saint John River to the west and
northwest of the subject area. This area is shown on the attached Cedar Point Anchorage Subdivision
plan (dated April 25, 2011).
As provided for in the Community Planning Act, this was accepted by the City as a credit for future
subdivision development in the area, and would not only satisfy the L.P.P. requirement of this proposal,
but provide a remaining credit of 18,350 square metres for any future subdivision of the area.
Though no further LPP is required by the Subdivision By -law, adequate public access to the adjoining
Nature Trust property should be provided in this phase of the development. Therefore, it has been
recommended that a 6 metre wide LPP dedication be required somewhere between the proposed lots
abutting this property. Public access will also be possible through the linear LPP dedication along the
Saint John River shoreline.
149
Cedar Point Anchorage Subdivision, r1hase 7 Page 9
554 Woodward Avenue (Project File) May 13, 2011
Street Naming
The proposed new street name Topsail Terrace has been reviewed by City staff (Geographic Information
Systems), and it has been determined that it is unique in both sound and spelling from other existing
street names in the region. Therefore, the approval of this street name is recommended.
Growth Strategy
The Cedar Point area is identified by the Growth Strategy as being a suburban area of stability or minor
change. Healthy residential neighbourhoods will be encouraged to evolve naturally through minor infill
development. Major growth and change will not be directed towards these areas. Where appropriate,
they will be encouraged to incorporate missing elements in order to form more complete communities.
The proposed development is an example of minor infill development and will largely complete the
suburban development of this area.
It should be noted that the adjoining lands owned by the Nature Trust of New Brunswick has been
identified as being a green area. Such areas include privately owned parks and protected natural areas.
CONCLUSION:
The applicant is seeking permission to subdivide one of the remaining portions of the subject property in
order to create 56 further serviced lots in the Cedar Point Anchorage Subdivision. The proposed
subdivision design can satisfy the requirements of the Zoning and Subdivision By -law, except that the
width of the proposed streets cannot satisfy the new right of way standard for these types of streets.
However, under the circumstances this variance is considered reasonable and is recommended.
All the necessary assents and approvals are provided in the recommendation, which includes the
provision of a LPP dedication in order to provide adequate public access to the adjoining Nature Trust of
New Brunswick Inc. property, as well as for the contribution towards any infrastructure costs necessary
to facilitate this proposed development.
MO
Project No. 11 -064
150
PLANNING AND DEVELOPMENTIURBANISME ET DtVELOPPEMENT
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Subject Site/site en question:
Location: 554, avenue Woodward Avenue
Date: April 18 avril 2011
Scale/6chelle: Not to scale/Pas i 1'6-chelle
151
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PID(s)/NIP(s):
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156
May 9, 2011
Petition: Cedar Point Anchorage Subdivision Extension
We the citizens of Cedar Point Anchorage Subdivision oppose approval of the
application from the developer (512531 NB Ltd.) to undertake a fu -rther phase of this
subdivision. This opposition is based on the following:
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width of the public streets from 23.1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick has required
undergrounding, through by-law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard with curbing, sidewalks, underground utilities and storm drains: which by the
way will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. (See Appendix "A" that defends this opposition
157
M
Petition: Cedar Point.Anchora a Subdivision Extension May 9, 2011
We the citizens of Cedar Point Anchorage Subdivision oppos approval of the
application from the developer (S 12531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is based on the following:
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width of the public streets from 23.1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick-has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard with curbing, sidewalks, underground utilities and storm drains: which by the
way will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. (See Appendix "A" that defends this' opposition)
158
May 9, 2011
Petition: Cedar Point Anchorage_ Subdivision Extension
We the citizens of Cedar Point Anchorage Subdivision oppo se approval of the
application from the developer (5 125 31 NB Ltd.) to undertake a further phase of this
subdivision. 'This opposition is based on the Following:
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width of the public streets from 23.1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint john, New Brunswick has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard with curbing, sidewalks, underground utilities and storm, drains: which by the
way will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. ,(See Appendix "A" that defends this ' nnnncit -innl
159
May 9, 2011
Petition: Cedar Point Anchorage Subdivision Extension
We the citizens of Cedar Point Anchorage Subdivision oppose approval of the
application from the developer (512531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is based on the following:
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential),
2) A request for a variance to reduce the width of the public streets from 23.1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if Completed according to the City's zoning
standard with curbing, sidewalks, underground utilities and storm drains: which by the
way will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
PC, C7r%" ;nrr +^ n�,., +; rC'__ A__ --- J•__ftAll I _
160
May 9, 2011
Petition: Cedar Point Anchorage Subdivision Extension
-, We the citizens of Cedar Point Anchorage Subdivision oppose approval of the
. ' application from the developer (512531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is based on the following:
i
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width of the public streets from 2 3. 1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick -has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard with curbing, sidewalks, underground utilities and storm drains: which by the
way
.will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. (See Appendix "A" that defends this opposition)
161
162
May 9, 2011
Petition: Cedar Point - Anchorage Subdivision Extension
--, We the citizens of Cedar Point Anchorage Subdivision oppose approval of the
•.J application from the developer (512531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is based on the following:
J
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variarice to reduce the width of the public streets from 23.1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard with curbing, sidewalks, underground utilities and storm drains: which by the
way .will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. (See Appendix "A" that defends this opposition)
163
May 9, 2011
Petition: Cedar Point Anchorage Subdivision Extension
We the citizens of Cedar Point Anchorage Subdivision oppose approval of the
application from the developer (512531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is based on the following;
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width'of the public streets from 2 3. 1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick-has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed accoz ding to the City's zoning
standard with curbing, sidewalks, underground utilities and storm drains: which by the
waywill not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. (See Appendix "A" that defends this opposition) _
i 4/• I II'
1�1 U4w�'j WA �k .
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P 8 X66 CI C__2/11
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164
165
Lr
Petition: Cedar Point Anchora e, Subdivision Extension May 9, 2011
We the citizens of Cedar Point Anchorage Subdivision oppose approval of the
application from the developer (512531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is, based on the following:
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width of the public streets from 23.1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard with curbing, sidewalks, underground utilities and storm drains: which by the
way will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue, (See Appe -
166
opposition)
167
Petition: Cedar Point Anchora a Subdivision Extension May 9, 2011
We the citizens of Cedar Point Anchorage Subdivision oppose approval of the
application from the developer (512531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is based on the following:
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width of the public streets from 23.1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John, New Brunswick has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard with curbing; sidewalks, underground utilities and storm drains: which by the
way will not cost our city 'a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. (See Appendix "A" that rlaantic
.:
U5/ to/ dull nun ": UO rru "w —, —
l
Dear Mr. O'Hearn
Re: Cedarpoint Anchorage Subdivision, Phase 7
554 Woodward Avenue (project file)
I reside on Cedarwood Dr. I have discussed the proposed future development with
other residents on Cedarwood Dr. As with others I have concerns with the new
development and its limited access via Cedarwood Dr. There are already safety concerns
in regards to the vehicle speeds and limited visibility travelling along Cedarwood Dr.
This will now intensify with the proposed construction traffic as well as at least 56 more
vehicles leaving and arriving daily when the development is completed. Since there are
no sidewalks on Cedarwood Dr, children are walking and riding their bikes on these same
busy roads. By limiting access to only Cedarwood Dr. these dangerous conditions will
only continue.
The second concern I have is the impact on the property values as a result of the unsafe
conditions due to the increase flow of traffic, as it will be substantially busier than at
present.
I hope that the planning committee will carefully consider these neighbourhood
conce s4 �d safety issues and consider an alternate route, possibly connecting the end of
A i vl&1,to Boars Head Rd.
Sine ,
Steve Cooper
111 Cedarwood Dr.
169
3 SA
vii —, -- ov.. — ,... I -...
May 1 G, 201 l
Planning Advisory Committee
City of Saint John
P.O. Box 1971
Saint John, NB
E2L 4L1
Attn. Mr. Mark O'Hearn
Re: Cedarpoint Anchorage Subdivision, Phase 7
554 Woodward .Avenue (Project File)
Dear Mr. O'Hearn
I currently reside at 115 Cedarwood Drive and like others in my immediate area, 1 have
concerns with Phase 7 of the proposed future development and the limited access and exit
of the subdivision.
Vehicle speeds and limited visibility on Cedarwood Drive make it very dangerous for
children crossing, biking and walking on the roads. As you know there are no sidewalks
in this subdivision and the traffic is heavy most days. With the additional vehicles for the
new development, and the construction traffic, I am concerned for the safety of the
residents.
I feel there should be consideration made in these plans for an additional exit /entrance for
the subdivision, possibly connecting at the end of Admiralty or Anchorage to connect
onto Ragged Point Road.
`incerely
i
DE
f Michael Gauthier r �i 15 Cedarwood Drive
Saint John, NB Ull
E2K 5P5 1 b
170
O5/lb/'Loll Id: ZJ 5bbbQJb41U rHur_ Uri eat
'O RM. (Bob) Manning
ANY / sj 44 Chipman Will, Suite 1400
LV jr z Saint John, NB E2L 2A9
May 16, 2011
PAC -city of Saint John
PO Box 1971
Saint John, NB E2L 4L1
Subject: Cedar Point Anchorage Subdivision, Phase 7 — letter against the application
To whom it may concem,
Regarding your letter dated April 19, 2011 and the application from the developer (512531 NB Ltd.)
to seek further development of the Cedar Point Anchorage Subdivision, I would like to file against the
application for the following reasons:
RSS zoning...the current RSS zoning of the sub - division is against the City of Saint John's
standard residential and stated residential zoning standard of R1A (current & suggested in
Plan SJ). The RSS zoning allows for open ditches, no curbing or sidewalks, no underground
utilities and has proven to be difficult to maintain by the City's Operations department. The
sub - division has many outstanding maintenance items that are being discussed with the
Operations department including erosion of road shoulders, flooding during /after heavy
rainfalls, safety concerns due to narrow roadways and no sidewalks, and environmental
concerns related to silt and run -off,
Proposed 20 metre right of way... inconsistent with the City's standard of 23.1 metre wide
public street right of way. Leads to issues related to public safety,
Land for Public Purposes...the developers have worked with the City to set aside shoreline on
the Kennebecasis River (1.98 hectare) and it has been deemed to satisfy credit for land
banking for Public Purpose...at Issue is that the land is inaccessible and there are no plans for
development to allow it to be accessible, therefore should not be considered as satisfying the
need for public lands,
Second access to the subdivision... in past phases, it was discussed and committed to, that in
order to allow further development, a second access to the subdivision would have to be
created. There is no mention of this in the application, nor in the Planning Department's
submission to PAC.
In a letter by Planner Marie O'Heara, and approved by Department Head, Ken Forrest, the Planning
Department is advising PAC to approve this application. This is done against the advice of the
Municipal Operations Department, The Operations department opposition is consistent with what the
citizens of the subdivision have to deal with on a daily basis — underserved maintenance by the City,
extra costs incurred due to having to fix problems that arise from substandard development, and
safety & environmental issues. It is requested that this application be turned away and asked to
resubmit based an current City standards,
Yours truly,
R. M. (Bob) Manning
(506) 649 -6400 phone I (506) 649 -6410 fax I bob.manning@omg.ca I www.omg.ca
171
JOHN AND ELIZABETH IRVING
125 Anchorage Avenue
Saint John, NB E2K 5R3
May 13, 2011
HAND DELIVERED
Planning Advisory Committee
City of Saint John
P. O. Box 1971
Saint John, NB E21- 41-1
Dear Sir /Madame:
Re: Cedar Point Anchorage Subdivision, Phase 7
554 Woodward Avenue (Project File)
MAY 13 2011
We are writing this in response to your letter of April 19'" advising that 512531 NB Ltd. has
applied to undertake a further phase of the Cedar Point Anchorage Subdivision.
As residents of Anchorage Avenue for the last two years we have observations about the
proposed development and the development standards applicable to the "RSS" zoning
requirements.
In the winter months, snow accumulation and parked cars on the travelled portion of the
roadway creates significant safety issues for both drivers and pedestrians (including walkers,
runners, children) due to the width of the street. The lack of sidewalks makes it very difficult and
unsafe for adults and children to walk, exercise, bicycle in the neighbourhood. This is
particularly true after dark and in winter when, as indicated above, snow has accumulated or
there are cars parked on the street. There are also issues with respect to adequate drainage off
or across the streets. Finally, water accumulation in the swales without adequate drainage after
heavy rains causes problems.
It is our view that the City is unduly compromising its principals in permitting residential
developments such as this proposed one. The lack of sidewalks and storm drainage
deteriorates the quality of the neighbourhood. We are aware that in certain areas the City is
now installing sidewalks and storm drainage at the sole cost of the City (for example, we
understand this to be the case at Old River Road, West Saint John). This means that the
ratepayers are responsible for the cost of the upgrades. Had proper development standards
been in place when these areas were developed, this would not be a present day cost to the
City and its taxpayers but rather the cost would have been borne by the developers and the lot
purchasers.
With respect to the present proposal, we have a couple of specific objections.
• First, it appears that all of the traffic from the proposed phase as well as the northerly
part of the previous phase will meet at the intersection of Privateer Place and Anchorage
Avenue; this will create traffic congestion at that point. The tentative plan does not
690316.v2
172
-2—
provide for additional access on the east tier of lots which means that there will be no
possible future access available in this area.
• Second, we do not believe that a variance should be granted to permit the legal street
width to be reduced from twenty -three and one tenth (23.1) meters as the current zoning
stipulates. This additional width (beyond the proposed twenty (20) metres) would help
as there would be
o Additional area for parents and children to walk
o Additional area to ensure a safe distance for vehicles traveling on these streets
to avoid snow accumulation and parked cars.
o It would permit larger swales to improve surface drainage
The fact that this zoning requirement has been deemed acceptable in the past does not mean it
should be varied in this instance, particularly in light of the real issues that have arisen in this
existing development.
We respectfully request that the issues raised in this letter be considered before approval of the
application is granted.
Yours very truly,
k
John K. F. Irvin
690316.vz
Elizabeth A. Irving
173
Christopher O'Brien, M.P., C. C.F.P.. F. C. F, P.
1 magazine Street
Saint Johii, N.B.
,152K 5S9
Phone 506 -634 -1272
Fo x 506-6S4-7213
Family Medicine
Planning Advisory Committee — The City of Saint John May 12, 2011
Re: Cedar point Anchoraee Subdivision, P se 7
The developers of Cedar Point Anchorage have applied to Planning Advisory Committee to undertake a further phase of
the subdivision. The area is presently zoned RSS which would mean the same ditch /culvert, overhead utilities and lack of
curbing, sidewalks and storm drains. The neighborhood was polled years ago and an overwhelming majority opposed
this RSS zoning for future development.
I am a resident of Cedar Point for the past 23 years; 31 Birchdale Crescent for 18 years and then 5 years ago i built a
home at 35 Anchorage Avenue where I presently reside. I feel I have significant history to be well versed on the issues of
Cedar Point Anchorage. over the past year, I and a group of concerned neighbours have done our homework, and
prepared a presentation. We have met with both city staff and the subdivision developers to address the many concerns
we have with the existing subdivision, and the issues with RSS zoning. Our goal was twofold; to work on solutions that
address the problems of our existing development and as well to see if we can have this type of RSS zoning halted with
future development in our subdivision. To date there has been little progress with either.
I have been clear with the developers and the city that I do support further residential development and progress yet I
am apposed to the this application from the developer ( 512531 NB Ltd.) based on the RSS zoning and the
amendment to have the public street width reduced from 23.1 m to 20m. I have reasonable concerns with this type of
zoning and feel it should be halted for the following reasons:
First and foremost are safety concerns resultiniq fro
• Lack of sidewalks, narrowing of roads below the standard, eroding and underming of asphalt edge coupled with
erosion of soft shoulders make walking, running, biking difficult and sometimes dangerous for both the
pedestrian and the driver. Let`s remember our area has many young families with parents using strollers,
young children riding bikes and youngsters heading back and forth to school( 3 major schools within 1.5 km of
our subdivision),
• Developers, who have again asked for a variance to reduce street width (right of way) from 23.1 meters to 20
meters. Another safety concern with two way traffic.
• Lighting which has been reduced from every utility pole to alternate utility poles in the Anchorage subdivision
unlike the original Cedar Point area, where they are located on every pole. This was a city decision. Many
areas are very dark at night which is a serious Safety concern with no sidewalks and a rampant deer population.
• Single road access to the subdivision, with increasing traffic and construction
• High water levels in some ditches as well as swampy areas pose health and safety concerns.
• Silt and sediment that run through ditches, and often along and across roads into the Saint John River pose an
environmental hazard.
174
Second are aesthe -c concerns of this RSS zoning that clearly affect resale of your home:
Current home owners and prospective home /land purchasers in this demographic are looking more for an
aesthetically pleasing and safe neighbourhood with curbs and sidewalks, underground utilities, green space and
tree planting.
Citizens are also looking for areas with trails and usable green space for exercise/ fitness. The area in our
subdivision designated Land for Public Purposes (which apparently satisfies the requirements for our existing
subdivision but also future development) is not at all accessible.
Millidgeville has been targeted by Plan SJ as a desirable area for residential expansion, Let's do It right, to encourage
city population growth and therefore expand the tax base. l appreciate your attention to this matter. Together we
can affect change.
Ch ristopher O'Brien
175
92 Anchorage Avenue
Saint John, N.B. E2K 5R2
May 7, 2011
Planning Advisory Committee
City of Saint John
P.O. Box 1971
Saint John, N.B. EM 4L1
Re: Cedar Point Anchorage Subdivision, Phase 7
554 Woodward Avenue (Project File)
Gentlemen,
Thank you for the notification of the upcoming review meeting for Phase 7 of the Cedar Point
Subdivision. We are generally in support of the application. We do have several comments for your
consideration.
This phase of the project will add 56 new residences to the subdivision. We estimate that the
subdivision will have in total 300 residences plus those from future phases of development. At present there
is only one point of access to the entire subdivision at the intersection of Woodward and Cedarwood. We
suggest that the inclusion of an additional access point to the subdivision be considered as part of this phase
or for inclusion in a future phase of development. Possibly an extension of Admiralty Drive to Ragged
Point Road would be appropriate.
We acknowledge the existence of the Land for Public Purposes; however, this land is currently
only accessible from private property or from the water. If it is truly intended for public purposes we
suggest that easements be provided at appropriate locations to allow public access.
During the previous two phases of development a significant amount of brush clearing was required to
allow for blasting. This has led to significant silt runoff from lots which have not yet been built on and
landscaped. The large storm drain which runs under Anchorage Avenue to the Saint John River between
lots 20 -G and 21 -G is significantly filled with silt. You may wish to confirm this with city works personnel.
There is a marshy area within the phase 7 development which presently provides some surge capacity for
storm drainage. We would suggest that clearing and fill be restricted to that necessary to provide the
required infrastructure for the subdivision and that vegetation be maintained on the lots until construction
commences. This may be one method of minimizing more severe silt runoff than has been observed with
the existing development phases.
The contours on Dwg. No. T- 0144 -PH7 are not accurate. During the phase 5 construction, blasting
between lots 23 -M and 30 -M of Anchorage Avenue created a steep cliff (roughly equal to the height of a
two storey home) and this does not appear to be reflected on the drawing. As a result, the rear property
lines of lots 57 -G to 52 -G of Anchorage Avenue in phase 7 are roughly coincident with the top of the cliff.
Some consideration should be given to increasing the rear setback requirements for these lots only.
We hope that these issues can be resolved quickly and allow the development to proceed
efficiently. We are available to clarify any of the ideas presented in this letter.
Yours truly,
�r
Blair & Diane Borgerson
(506)635 -1785
MAY 13 lull
176
n
Rick Davis
From: Rick Davis frmtdavis @nb.sympatico.caj
Sent: May 1, 2011 10:11 PM
Teo: '01anning,igsairt4ohn.ce'
Subject: Proposal to Develop Phase 7 Cedar Point Anchorage Subdivision
May 1, 2011
To: Planning Advisory Committee
City of Saint John
From: 'Rick & teary - Therese Davis
142 Anchorage Avenue
Saint John, NB
E2K OE3
Phone: 642 -2914
e -mail: rmtdavis@-nb- §YMPatico.ca
Re: Cedar pQlnt Anchorage — Phase 7 Privateer Place
MAY 0 9 2011
Page 1 of 1
This is written with respect to City of Saint John letter of notification dated April 19, 2011 issued to neighbouring
property owners that might be affected by the Developer's proposal to develop a S6,lot expansion of the exi '
subdivision. ighbouring
sung
We have two questions regarding the Developer's proposal. We may or may not have an issue with t he Developer's
Plans depending on the response to these two questions.
1) There is a large stockpile of boulders existing on the land immediately be
the Privateer Place development plan that was attached to the City's iettc)r of notification, the rock i1
extends across lots 30 -N, 27 -N, and 26N and across a portion of the hihd our property. In the context of
street. When we purchased our lot in 2008 we were informed that this was a temporary pile
proposed a t road bed for the future
be removed within a period of 12 to 18 months. The stockpile remains to 'his day. It is unsightly a
unsafe attraction to kids, ATV's, and motor bikes. if the City were to consider approval of the pile that would
Proposal for a new 56 -lot development we would expect the City to impose a demand on the Developer it is an
would result in the removal of the rock stockpile and the return of the Mists Developer's
be consistent with the grade of the adjacent undisturbed terrain as a mandatory condition of approval d
proceed with the new development.
pp ai to
2) it is our understanding that there was a previous development condition is nposed on the Developer by City that called for a second and separate access /exit route for the subdiv sion {beyond the existing
Cedarwood to Woodward route which is presently the only way to gain access or egress) to be constructed the
before any additional lots would be permitted to be developed. It is our furl her understanding that te intent
was to satisfy this condition by having the Developer construct a new road to link Admiralty Drive to Ragged
ed
Point Road. There is no indication in the City's April 19 letter of notification on this subject. Please confirm
that this condition stands and that it will be enforced before the 56 -lot development proposal is permitted to Proceed. if there is no such condition in place then we firmly believe that siich a condition must be adopted,
It would be imprudent to allow more lots to be developed without securing a second and independent
means of access and egress for this subdivision, p ndent
We trust that the Planning Advisory Committee and the City of Saint John Planning Department will grant our
questions /concerns the full consideration that these serious matters deserve.
Thank you for your attention.
Regards
Rick & Mary- Therese haws
05/05/2011
177
ANCHORAGE
A Vibrant Community In Saint John
0
4A4
si "
INCIPLES
-s-i M
nability Principles
Sustainability Principle Three
"Engage the entire community of Saint John in the planning and implementation
of sustainable solutions"
Elaboration
o "The journey towards sustainability requires strong support from within the
community.
a It is critical to have the active participation of the community in all stages of the
process, from long -term planning to implementation of solutions.
a People have a right to be involved in the decisions that affect them"
Sustainability Principles
Sustainability Principle Eight
"Foster communication among community groups and organizations to
emphasize sustainability as a common shared goal"
Elaboration
F. "Develop and strengthen new /existing networks within Saint John
F. Promote multidisciplinary partnerships to facilitate the transfer of
knowledge, build capacity and support continual environmental, economic
and social improvement.
o The people of Saint John are the key to making our city sustainable"
Plan
■
I - Infrastructure
"Our City insists on the highest standards of quality in
architecture, landscaping, infrastructure management
and urban design.
Our natural and built heritage is a key component in
developing new and renewed places to live, work, play
and learn. "
o a
and Objectives
AMI&-
a To maintain a vibrant, safe , attractive neighbourhood in Cedar Point. A place to
live and play. A place to raise a family and retire. A place we are proud of. A place
where others would be proud to move and live.
0
a
Work with city toward solutions to citizens /homeowners concerns. Dialogue with
developers on future development, moving away from the RSS zoning standard.
Citizens concerns:
• Safety
• Aesthetics
• Environment
W"L�.'A
All affect home /property sales
F1 Municipalities concerns:
• Population growth /Expanding Tax base
• Proud Citizens (city ambassadors)
r
ion, Location, Location
o Plan SJ has set Millidgeville as a desired area for residential growth
E What better place to live, grow the population and hence the tax base
o Cedar Point is in close proximity to 3 great schools (only French
School in the City), the Hospital, the University and Uptown SJ
o Beautiful river frontage with beaches, and a Yacht Club close by
o A great location for "high quality" homes.
Y& a problem does exist, RSS Zoning
I will explain ! !
A DRIVE INTO THE NEIGHBOURHOOD
L-19
46 This is MyOur Reality
VAMP. -Wft
�71
0
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u',
C
i 704
nformation
H'I s to r'y Of C P A, Community Representation
o Meetings prompted by residents concerns
o A number of these concerned residents got together
o Community Representation from all streets
o Initial meeting May 18, 2010 v
Hi A number of follow -up meetings
qNL Plan and Action items
We did dialogue with and meet with City officials on:
• Short term, more immediate solutions to our existing subdivision,
regarding safety and aesthetics.
• Long term solutions that enhance aesthetics and safety of existing and
future development.
We met with the developers and made clear our concerns and frustrations
with existing RS S zoning. We are not against development; we encourage
Phase 7 development yet we expect the recommended R 1 A standard. The
developers made it clear they have no interest in changing the zoning. We
felt we had no other recourse than come to PAC to ensure proper
development in our community.
Why perpetuate a past wrong decision in allowing RSS ,zoning to continue
Y
t against RSS Zoning
4_I u ti
I.
!ally, Municipal Operations had previously [indicated] that it does not support the expansion
Uj she Cedar Point subdivision using the "RSS" One Family Serviced Suburban Residential
standard (i, e, the use of ditches and driveway culverts instead of curbs and piped storm sewers),
In this high quality area the property owners often want to landscape to the edge of the street
and in the process partially fill in the ditches and raise the shoulders so water cannot drain off
the street and driveway culverts are more easily blocked, "
Therefore, the Chief City Engineer does not support the variance for the continuation of 20 metre
wide rights of way, but instead recommends that these rights of way conform to the newly
adopted By -law standard of 23.1 metres. This additional width will be necessary in order to
facilitate the construction of ditching with less steep slopes, resulting in less deterioration of the
ditching and associated gravel shoulders.
IAJOR ISSUES
Safety /Aesthetics /Environment
Safety and Aestehtic Issues
`Open Ditch and Culvert"
o Lack of sidewalks, narrow roads
o Various substrates on soft shoulders (gravel , grass, asphalt to large rock)
o Grading/ slope of roads & ditches result in inadequate storm water drainage
/diversion causing:
Erosion of soft shoulder resulting in undermining and breaking of asphalt edge , often leaving
deep ruts in the shoulder and a 3 -6 in drop from asphalt to shoulder
Pooling of water and swampy areas ( a health and safety, environmental concern)
Water coursing across roads ( ice patches in winter) carrying silt and sediment onto roads
Silt and sediment from soft shoulders and unfinished lots clogs ditches and culverts
Some ditches filled with deep water after heavy rain or ice snow
F-1 Various substrates on soft shoulders (gravel , grass, asphalt to large rock)
o Reduced lighting to every 2nd Hydro pole
o Single road access to subdivision
The above result in unsafe walking, running and biking both day and night. They also pose
a major safety concern for drivers. This coupled with the environmental safety concerns of
deep pooling water and swamp.
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Overhead Electrical Services &
Street Lighting
E Aesthetics (especially given prime water views)
■ Wooden poles
■ Overhead wires
■ Wire supports, occasional pole support
o Safety — Pedestrian and Driver
■ Limited lighting, every 2nd pole in newer area
• Must walk on road, no sidewalks & eroded shoulders
• Rampant deer population and difficult to see especially at
night with reduced lighting
/ Of the 17 cities surveyed, 16 require undergrounding of overhead utilities for new
residential subdivisions. St, John, New Brunswick has required undergrounding, through
by -law since the 1980s.
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Access
Safety concerns!! N '
O-L
o As our community grows there is increasing traffic demands of
a growing population, averaging 2 cars per new home. Also the
demands of increasing heavy equipment for construction.
o This increased traffic exits on one narrow street, which also
exits the trailer park. This street has no parking restriction.
o Evacuation in emergency ??
I�
it
Municipal Operations and Engineering has provided the following comments concerning this
application:
(a) In April 2007 comments were provided to Planning for the May 1, 2007 meeting of PAC, The
proposed subdivision was to develop an approximate 166 lot extension of the Cedar Point
Anchorage Subdivision, At that time the following comments from Engineering were included
in the staff report:
"Municipal Operations and Engineering advises that it has concerns that this subdivision is
becoming too large to have a single point of entry for both water supply and vehicles, A
signif cant -in- cident -or failure on- Cedarwood Drive will cause- serious -inconvenience and risk in
this very large cul -de -sac. A second road access and water feed should be included in the
approval of this subdivision,
lots, will be considered " To date a secondary access has not been provided by the developer,
nor is it within the financial capacity of the City of Saint John to build such a road now or at any
time in the foreseeable future.
City of Saint john
Trails and Bike\Afays Strategic Plan (may
2o, o)
Context
Active transportation (AT) and active living have become a focus of many municipalities
throughout Canada. The Saint John approach to active mobility, a trails and bikeways network,
is both a recreational and commuter network. The focus of this network is active residents using
the trail and bikeway network for any form of human powered transportation such as walking,
cycling, skate boarding, wheelchairs, rollerblading, snowshoeing and cross - country skiing.
The City of Saint John trails and bikeways are comprised of three components:
1. Urban /suburban sidewalks and trails
2. Bike routes
3. Local trail systems
Goals
The long -term goal of the Trails and Bikeways Strategic Plan is to promote a sustainable and
healthy lifestyle by providing opportunities for active lifestyles and mobility options for all of
the City's residents.
mails and Bikeways
a In an area with no sidewalks and clearly documented safety
problems with RS S zoning, there is a request to continue
with narrow roads against the direction of Engineering.
o How do we encourage safe walking, cycling, skate boarding,
wheelchairs, rollerblading
o The area has significant youth, and 3 schools within 1.5 km,
and safe mobility (active transportation) should be apriority.
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Street A4aintenance
• New streets just a few years old are quickly marred by high heavy
equipment traffic.
• Irregular and what appear to be "substandard" repairs
• Repairs to culverts and ditches, property is not brought back to owners
standard
o Manholes eroded and lifted by plows regularly and months to year to repair
These repairs are now at the taxpayers expense . This RSS standard
seems substandard and given the level of decay in a short period,
one has to question why we would carry on.
The city in various areas is going back at taxpayers expense to do
the job that should have been done initially at the developers and
buyers expense.
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c Green /Recreation Space
o No trees planted by city only the homeowners. They
are in various areas of the city.
o Trees would help the environment andaesthetics and
over time hydro poles and wires would not be the
focus /less obvious
o No useable public green /recreation space
Environmental Issue
M.
o Leeward Lane has unique safety & environmental issues. Excessive
water is diverted to this street that cannot be accommodated by the
present ditch culvert system. Winter poses the biggest hazard.
a Safety is a concern with extremely high water run off and high
water levels in ditches as well as swampy areas.
R. Silt and sediment run into the Saint John River and pose an
environmental hazard.
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May 9, 2011
Petition: Cedar Point Anchorage Subdivision Extension
We the citizens of Cedar Point Anchorage Subdivision 99-go—se approval of the
application from the developer (512531 NB Ltd.) to undertake a further phase of this
subdivision. This opposition is based on the following:
1) The continuation of the existing RSS zoning (One Family Serviced Suburban
Residential).
2) A request for a variance to reduce the width of the public streets from 2 3. 1 meters
to 20 meters.
Our city needs to enforce its own bylaw (Saint John; New Brunswick has required
undergrounding, through by -law since the 1980's). We clearly support future
development in our subdivision, yet only if completed according to the City's zoning
standard `v'Jith curbing, sidewalks, underground utilities and storm drains: which by the
way will not cost our city a dime. Why perpetuate a past wrong decision in allowing this
RSS zoning to continue. (See Appendix "A" that defends this opposition)
conclusion
It is our opinion that the City of Saint John
would be compromising its integrity and its
principals, if they grant approval to the
continuation of this type of residential
development (RSS zoning), and a variance in
street right of way width.
May 18, 2011
Your Worship and Councillors:
SUBJECT: Street Vesting (Widening)
102 Spar Cove Road
The Planning Advisory Committee considered the attached report at its May 17,
2011 meeting. Paul Wilson of Real Estate Services (City of Saint John) appeared
before the Committee in support of the application and staff recommendation.
There were no other presentations made at the meeting regarding this matter, and
no letters were received from area residents.
After considering the applicant's presentation and staff report, the Committee
resolved to adopt the staff recommendation, which is set out below for your
convenience.
RECOMMENDATION:
That Common Council assent to the submitted Four Star Leasing Ltd. Subdivision
plan that would vest approximately 594 square metres of land situated at the
intersection of Spar Cove Road and Belleview Avenue, also being identified as
PID Nos. 00040584, 00040592 & 00415588, into the adjoining public street rights
of way.
Respectfully submitted,
Colin Murray
Chairman
MO
Project No. 11 -111
227
DATE: MAY 13, 2011
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT
FOR: MEETING OF MAY 17, 2011
PREPARED BY: REVIEWED BY:
Mark O'Hearn
Planning Officer
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
City of Saint John (Real Estate Services)
Four Star Leasing Ltd.
102 Spar Cove Road
00040584,00040592 & 00415588
Low Density Residential
"R -2" One and Two Family Residential
To vest three parcels of land into the adjoining public street rights
of way.
Subdivision
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning the assent of public streets (or portions thereof).
228
City of Saint John (Real Estate Services)
102 Spar Cove Road
STAFF RECOMMENDATION TO COMMITTEE:
Page 2
May 13, 2011
That Common Council assent to the submitted Four Star Leasing Ltd. Subdivision plan that would vest
approximately 594 square metres of land situated at the intersection of Spar Cove Road and Belleview
Avenue, also being identified as PID Nos. 00040584, 00040592 & 00415588, into the adjoining public
street rights of way.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering is supportive of this application to vest the subject area into
the public street rights of way.
Buildings and Inspection Services has no concerns with regards to this matter.
Saint John Energy and Bell Aliant have no concerns with respect to this proposal. Any future road
improvements to the intersection may require the relocation of existing utility poles. This matter can be
coordinated with the City at that time.
Rogers has been advised of this proposal.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no concerns with
regards to this application.
ANALYSIS:
The subject area is situated at the intersection of Spar Cove Road and Belleview Avenue (see attached
location map). The site is comprised of three parcels of undeveloped land having a total area of 594
square metres. The property drops in elevation by approximately 7.5 metres between Belleview Avenue
and Spar Cove Road. There is rock outcropping throughout the area, which is covered by a mix of
deciduous and coniferous vegetation.
An application from Real Estate Services has been received seeking permission to vest these three
parcels of land into the adjoining public street rights of way (see attached Four Star Leasing Ltd.
Subdivision). According to the applicant these parcels have been deemed surplus by the present
landowner (Four Star Leasing Ltd.), who is prepared to convey them to the City in order to facilitate any
possible future street improvements to the intersection (though none are planned at this time).
Municipal Operations and Engineering is supportive of this application. Therefore, the proposed street
vesting is recommended for approval.
MO
Project No. 11 -111
229
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Subject Site/site en question: 00040584
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Location: 102, chernin Spar Cove Road 00415588
Date- April 26 avril 2011
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May 18, 2011
Your Worship and Councillors:
SUBJECT: Proposed Subdivision - 237 -249 Mount Pleasant Avenue East
At their meeting of January 4, 2011 Common Council gave third reading to a
Zoning By -law amendment and Section 39 conditions to permit the construction
of a Seniors Special Care Facility.
One of the Section 39 conditions required that the developer negotiate in good
faith for the acquisition of the parcel of land required to correct the existing
encroachment of City infrastructure onto the site. Negotiations between the
Developer and City have resulted in an agreement for the City to acquire the
necessary land to correct the encroachment.
At its meeting of May 17, 2011 the Planning Advisory Committee considered the
attached report regarding the subdivision plan to vest the parcel of land as a
Public Street.
Mr. Curtis Langille, representing the City of Saint John, appeared before the
Committee and advised that he was in agreement with the Staff Recommendation.
No letters were received regarding the application.
Following consideration of the report and presentation, the Committee adopted
the staff recommendation with respect to the subdivision.
RECOMMENDATION:
That Common Council assent to the submitted Dobbelsteyn Care Home Ltd.
Subdivision, located at the intersection of Mount Pleasant Avenue East and Alma
Street East with respect to the vesting of an approximately 153 square metre
(1,647 square foot) parcel of land, as a public street, as well as any necessary
municipal services easements and public utility easements.
Respectfully submitted,
Colin Murray
Chairman
MR
Project No. 11 -104
232
DATE: MAY 13, 2011
TO: PLANNING ADVISORY COMMITTEE
FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT
FOR: MEETING OF MAY 17, 2011
PREPARED BY: REVIEWED BY:
Mark Reade, P. Eng., MCIP, RPP
Senior Planner
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
' 1D
Ken Forrest, MCIP, RPP
Senior Planner
City of Saint John
Dobbelsteyn Care Home Ltd.
245 Mt. Pleasant Avenue East
11� :•1:
Municipal Plan: Low Density Residential
Zoning: "IL -1" Neighbourhood Institutional
Proposal: To subdivide a lot and vest a portion of the lot as a Public Street.
Type of Application:
Subdivision
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common
Council concerning the subdivision of land, including the assent of streets, land for public purposes, and
municipal services and public utility easements.
233
City of Saint John
245 Mount Pleasant Avenue East
STAFF RECOMMENDATION TO COMMITTEE:
Page 2
May 13, 2011
That Common Council assent to the submitted Dobbelsteyn Care Home Ltd. Subdivision, located at the
intersection of Mount Pleasant Avenue East and Alma Street East with respect to the vesting of an
approximately 153 square metre (1,647 square foot) parcel of land, as a public street, as well as any
necessary municipal services easements and public utility easements.
BACKGROUND:
At its meeting of December 14, 2010 the Planning Advisory Committee recommended that Common
Council rezone a parcel of land having an area of approximately 1950 square metres, located at 237 -249
Mount Pleasant Avenue East, also identified as being PID Nos. 55143119, 00418608, 00418590,
55080386 and 00429050, from "R -2" One and Two Family Residential to "IL -1" Neighbourhood
Institutional. The rezoning was requested to permit the construction of a Seniors Special Care Facility
(Level 2) housing 18 residents. In conjunction with the rezoning, the following Section 39 conditions
were recommended by the Committee:
(a) 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;
(b) That the developer pave all access, manoeuvring and parking areas with asphalt and that paved
areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect
landscaped areas and to facilitate proper drainage;
(c) That development of the site be in accordance with a detailed site plan, prepared by the
developer and subject to the approval of the Development Officer, and the Chief City Engineer
or his designate, illustrating the location of all buildings, structures, parking areas, driveways,
landscaping and other site features;
(d) That the developer agrees to negotiate in good faith for the acquisition of the parcel of land
required to correct the existing encroachment of City infrastructure onto the site; and
(e) That the approved site plan be attached to any building permit application for the development
and that the site improvements shown on the approved site plan be completed to the satisfaction
of the Development Officer within one (1) year from the issuance of a building permit for the
particular building.
At their meeting of January 4, 2011 Common Council gave third reading to the proposed amendment
and Section 39 conditions.
The Planning Advisory Committee, at the meeting of December 14, 2010 also granted the following
variances to:
(a) reduce the required side yard width from 7.5 metres to approximately 3.6 metres;
(b) increase the lot occupancy from 20% to approximately 31 %;
234
City of Saint John
245 Mount Pleasant Avenue East
Page 3
May 13, 2011
(c) reduce the required front yard landscaping from the required front yard width of 7.5 metres to
approximately 3.6 metres along a portion of the lot bordering Mt. Pleasant Avenue East; and
(d) permit parking in a portion of the required front yard along Mount Pleasant Avenue East.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the subdivision application for 237 — 249
Mount Pleasant Avenue East. The following comments from November 29, 2010 still apply:
Municipal servicing is available from Mount Pleasant Avenue East. It is the responsibility of the
owner's engineering consultant /contractor to verify grades of the existing mains to accommodate
gravity connections for the new services. A site servicing plan must be submitted by the owner's
engineering consultant /contractor to this department for review and approval.
City approved water meter and appropriate backflow prevention must be installed by the owner.
The applicant's engineering consultant must provide to the City the requirements for water,
sanitary and storm servicing and ensure the City's systems can adequately service the
requirements of this proposal.
It is the responsibility of the owner to provide for solid waste collection.
All parking to be provided for off street.
It is the responsibility of the owner's engineering consultant to submit site grading and storm
drainage plans to this department for review and approval.
A detailed site plan by the applicant's engineering consultant must be submitted to this
department for review and approval.
The applicant would be responsible for obtaining any necessary municipal permits.
Planning Staff note the majority of these requirements have been fulfilled and a Building Permit has
been issued for the special care facility.
Saint John Energy has no issue with the proposed subdivision and can service the development from
Mount Pleasant Avenue East.
Bell Aliant has been notified of the application.
Rogers has been notified of the application.
Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been notified of the
application.
235
City of Saint John
245 Mount Pleasant Avenue East
ANALYSIS:
Subject Site and Proposed Development
Page 4
May 13, 2011
The subject site is located at the intersection of Mount Pleasant Avenue East and Alma Street East and
currently consists of 5 lots (PIDs 55143119, 00418608, 00418590, 55080386, 00429050). The proposed
subdivision would result in a 5 metre wide strip of land, adjacent to Alma Street East, with an area of
153 square metres, vested to the City as a Public Street. This will rectify an encroachment which
currently exists whereby a portion of the pavement on Alma Street East and sidewalk return on at the
northeast corner of the Mount Pleasant Avenue East / Alma Street East intersection encroaches onto
private property (PID 00418608).
The requirement that the developer negotiate in good faith for the acquisition of the parcel of land
required to correct the existing encroachment of City infrastructure onto the site was a condition of the
Section 39 resolution. The negotiations between the Developer and City have resulted in an agreement
for the City to acquire the necessary land to correct the encroachment.
Surrounding Area
Areas surrounding the site to the north of Mount Pleasant Avenue East are largely zoned "R -2" One and
Two Family Residential and contain mostly single family dwellings with some two, three and four unit
dwellings. Given the minor nature of the application, a street vesting to rectify an encroachment and a
lot consolidation, neighbourhood notice was not given.
Municipal Plan Direction / Growth Strategy
Staff are of the opinion the proposed subdivision meets the intent of the Municipal Plan and Growth
Strategy.
Subdivision and Street Vesting
The proposed subdivision satisfies all applicable requirements of the City's Subdivision By -law. The
consolidated lot will meet the requirements of the "IL -1" Neighbourhood Institutional zone and conform
to the variances previously approved by the Planning Advisory Committee.
CONCLUSION:
Approval of the subdivision is recommended.
MR
Project No. 11 -107
236
Subject Site/site en question:
Location: 237-249 ay. Mount Pleasant Avenue East
237
PID(s)/NIP(s):
4,5143119,00418608,00418590,
15080386,00429050
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May 19, 2011
BY E -MAIL
His Worship Mayor Ivan Court & Members of Common Council
City of Saint John
15 Market Square
PO Box 1971
Saint John, NB E2L 4L1
Your Worship and Councillors:
Re: The City of Saint John - Taxation Review Committee
- Request for Information from City Departments
In connection with its ongoing work, the members of the City's Taxation Review Committee
(the "Committee ") believe that it would be beneficial to obtain certain information from the
City's various departments. To this end, the Committee has prepared a list of questions intended
to be submitted to the head of each department, a copy of which is attached as Exhibit A.
The members of the Committee respectfully request that Common Council authorize and direct
the City Manager to issue to the heads of each of the City's various departments a list of
questions substantially in the form attached as Exhibit A.
Respectfully submitted,
The ity of SpirA John Taxation Review Committee
Neal Leard
Co -Chair
NLL /lmr
s9oazs.vi
239
MEMORANDUM
TO: [Department Head]
FROM: City Manager
DATE: May •, 2011
RE: Operations and Budgeting Matters
BACKGROUND
In early 2010 Common Council formed a Taxation Review Committee, comprised of members
of the public and Common Council. The mandate of the committee is as follows:
The role of the Taxation Review Committee is to review, study and report to Council with
respect to taxation and spending by the City, and to make recommendations as to
whether tax cuts are achievable, given the current and future commitments of the City of
saint John, while at the same time enhancing quality of life and aggressively pursuing
prosperity, all with a goal of determining a fair and appropriate level of taxation for our
citizens.
As part of its mandate, the Committee is seeking input from various City departments, agencies,
boards etc, on a variety of budgetary matters. City departments/boards are being asked to
provide written answers to a number of questions. Certain departments/boards are also being
asked to attend a Committee meeting to discuss their answers.
The questions for which answers are sought are set out below. While it is recognized that
Common Council ultimately sets spending priorities, in providing their answers,
departments/boards are requested to provide their own opinion with respect to issues of priority,
and to make recommendations they feel would be of use to the Committee. Written answers are
required by Monday, June 20th, 2011. Follow up questions may be asked by the Committee.
QUESTIONS
Services
1. What services does your department provide?
2. If you had to rank the services your department provides in terms of importance, which
would you consider your core services; and which would you consider your secondary
services?
3. If your budget was cut by 10 %, what services would you cut/reduce?
Service Delivery
689136.0
240
-2—
4. How do you know that what you are currently doing is the best practice / provides the
best value for money? Do you benchmark? If yes, what comparators do you use / what
comparators are available to you? If not, why not?
5. How do you evaluate the outcomes of the services provided by your department? Provide
examples. How can this best be explained to the citizens of Saint John?
Cost of Service Delivery
6. Does your department employ cost recovery measures (eg, user fees) for the services it
delivers? If yes, what percentage of cost recovery is being achieved? Do you believe
opportunities exist to recover more? If so, please elaborate. If your department does not
employ cost recovery measures, do you believe the opportunity exists to implement cost
recovery measures? If yes, please explain such measures.
7. How does your department manage unexpected events (ie, events which have not been
budgeted for)? Does your department try to fit unexpected costs into its existing budget
or is it accepted that the occurrence of unexpected events will automatically result in
exceeding your department's budget? How have you handled significant unexpected
events in the past? Please give an example.
8. What are the top three things that your department could do to operate / deliver its
services more efficiently? Please explain how each item would impact the efficiency of
your department. What is preventing your department from implementing these items?
9. What do you see as the best opportunity to save money in your department? What is
preventing your department from seizing this opportunity?
Future Considerations
10. What do you foresee as the most significant financial needs (operational and capital) of
your department within the next: (a) one year; and (b) five years. Are there any
significant major financial needs of which you are aware beyond five years?
Outside of your Department
11. Given the public's concern that the City have an affordable tax rate, what do you see,
within the City's overall operations, as the best opportunity for the City to save money
and/or increase non -tax revenue. [Note: With respect to saving money, this doesn't have
to mean cutting costs, but may mean delivering more/ better services without increasing
current costs.)
12. What are your thoughts on the number of boards, agencies and commissions that the City
has, and the effectiveness / efficiency of such bodies as part of the City's overall
operations?
Additional Information
13. Is there anything else you would like the Committee to know?
689136.0
241